Nartaki

The best strategy for you is this:

1. Get married

2. Apply for a CR-1 Visa.

She will be within the US within 9 months.

The rejection rates for tourist visa are around 20%, while for CR-1 visas, its about 1%.

Yes if they can be converted to cash within one year, which of course they can be with a penalty.

I listed my IRA and mutual fund accounts as assets since I didnt have much income.

Well you got the biometrics out of the way now. I guess from now on you have to lookout in the mailbox for the interview letter.

I just wish there was an option on the USCIS website "Biometrics letter mailed out" or "Interview letter mailed out". This way we know when to expect.

If you use assets, they can take into account any "liens or liabilities" held against those assets. This is not mentioned on the I-864, but it is in the field adjudicator's manual.

So if the student loans were taken out with those assets as collateral, then you cannot use the full value of the assets to meet the poverty guidelines.

If you opt to do Consular Processing, then yes the spouse must leave the country.

If you opt to do Adjustment of Status, then the spouse must NOT leave the US.

If you are unable to provide large amounts of evidence of bonafide marriage, then I suggest you go through consular processing. AOS requires overwhelming evidence of bonafide marriage and if you dont have much, esp with the husband and wife living seperately, your application could be denied.

If you want to apply through AOS, then yes, she must live with her husband. This is the only way you produce documents that have the same address such as banking statements, drivers licenses, affidavits, leases, utility bills etc. If she is not living with her husband, such documents are hard to obtain.

If you want to apply through CR1, yes she must leave this country ASAP and apply through the consulate, even though her tourist visa is still valid.

Try to go on a Wednesday afternoon. It seems like ASCs now are accepting walk-ins only during that time.

Bes you went today...good. I told you, the best time to go is on Wednesday afternoon. Looks like ASCs across the country accept walk ins only during Wednesday afternoons. Now you are on the same boat as me :-)

Whatever you name want on the Greencard, thats the name you will use on the I-130, I-485, I-864, I-693 and G-325A. You must list her maiden name only when asked in these forms.

Yeah Nigeriaorbust,

ICE is good at what they do.

They found out things that I didn't even know about.

They went to town digging and found out a hornets nest of information.

And yes, a chapter is closed and I'm beyond happy.

Leedah

Well good news to you. An abusive spouse gets what he deserves.

BTW...you said they found things that you didnt know about? What kind of things did they find out?

IF you want to change your name on your social security card or drivers license, it must be based on your immigration documents.

If your Visa, Greencard, Naturalization Certificate, EAD card or OPT card says Ka Ki Chan, then your social security card or drivers license will show Ka Ki Chan. If you want to change your name on the SS card or drivers license due to marriage, it has to changed first on these immigration documents.

First of all your husband should NOT sign any documents without consulting an attorney.

For some reason, I feel you failed your Stokes Interview despite what your lawyer said, otherwise they wont come banging on the doors. You should have compared the answers with your husband to check how many questions you got wrong. Even if you had even borderline passed the 2nd interview, they might even call you for a 3rd Stokes interview.

I dont think there this is a problem of lack of evidence of bonafide marriage or any red flags. They probably made serious mistakes on the first interview which led to the Stokes and now to this.

if i have a sponsor who earns over 114k A YEAR should i even send in my tax information i am uneployed and didnt even file for taxes this year

Are you the petitioner? If you are, then you MUST send in your income tax return for the most recent tax year. If you did not file taxes this year, you must include a statement why you did not file taxes this year. All petitioners are automatic sponsors of the intending immigrant.

It always about the Gross Income. Even if you make a $52000 a year and your taxable income after deductions and exemptions is $0, you are still considered capable of providing for a family of 4.

This is a fraudulent letter and the person who wrote it might face criminal charges of mail fraud.

USCIS Letters are very specific:

(1) They contain no spelling or grammar mistakes

(2) They have reference numbers or A-numbers in the letter

(3) They never ask you to bring "personal or valued possessions" to the USCIS office

(4) The USCIS Chief of Legal Counsel never provides legal advice to the public, their function is solely to advise the USCIS in the interpretation of the law

I would submit this document to ICE. They can check for latent prints, hair and fiber, type of paper used, postoffice stamps and ink type.

We got rejected with an early morning walk in as well. I think the best time to go is Wednesdays in the afternoon. I know a few ASCs will allow walk-ins on Wednesdays since they dont schedule appointments then.

It seems like USCIS updated the processing times for district offices. Looks like all offices went from 3 months to 6 months. The EAD card processing time however came down to 11 weeks from 3 months.

Well Bes, seems like you are one step ahead in the game.

Many district offices stopped stamping passports because they now want supervisor review on all the cases after the interview. While there are some offices that will stamp the passport, there are some who wont. In fact some offices wont even tell you if you are approved or denied, until you receive online notification.

I dont think this will pass. Many Democrats refuse amnesty...why give them legal status, when lower and middle class Americans dont have jobs?

If they do one thing, I am pretty sure all the illegal immigrants will leave this country voluntarily:

Removal of the bar to entry. The biggest reason why we have illegal aliens in this country is because the US government has these 3 yr. 5yr. 10 yr and Permament bans. Duh! of course people dont want to leave this country. Remove the bars and people will have no fear to return lawfully to the US if their visas expire.

Do you have a photocopy of the visa he was issued? You will need it for the "visa number".

If you can get an affidavit stating that you lost your old passport and you obtained a new passport as a replacement, I am sure it wont be a problem.

If you have joint tax returns from the previous years, I would put all of them in.

As for the bank statements, utility bills, I would just include a recent bank statement or utility bill for now and may be bring statements/utilities covering 2-3 months to the interview. Remember, the statements must show transactions.

I sent in just a recent bank statement, printout from my insurance company that my spouse is the beneficiary, a form that I signed at the bank listing my wife as the beneficiary on my CD, a few affidavits and photos. :-D

Their best hope is to get a waiver unfortunately, thats the only way :-(

Did you submit any evidence of a joint lease, house deed or an affidavit describing the living arrangements? I guess it doesnt matter now since the IO requested pictures.

One of my neighbors was in a similar situation as yours. He was married to a US Citizen and they were removing conditions. His wife often told us that he was sweetest guy in the world, would bend over to do anything and everything, was loving, caring and trustworthy...in short, the perfect husband. She often mentioned plans of buying a big house, having kids and going on nice vacations with him.

The day the dude got his 10 year greencard, his attitude changed dramatically. He stopped talking to his wife, harassed her for money, became abusive, saw other women and ultimately got divorced.

There were no warning signs whatsoever. His wife, her family and all of us were shocked and couldnt believe it.

So to the OP: There can be NO warning signs if its a sham marriage. There are some people who are highly skilled in hiding their true intentions.

Some offices do Stokes interviews to all the applicants on a regular basis, some dont. May I ask where was the interview? You say you had a "bunch" evidence of bonafide marriage. What exactly did you submit? I feel the IO was not satisfied with just the bank statement and joint credit cards.

Answering 3 questions incorrely means automatic failure. However, you were given an opportunity to submit photographs from the courtship period. I dont understand why 65 photos are not enough, but anyhow you have to dig up some more.

The outcome of your case could be approval if you submit the requested photos or probably another Stokes interview.

In either case, good luck.