Absurd, currently trying to figure out how to sponsor my wife and now this. The wording seems to imply that even those here on valid non-immigrant visas (F1) would need to apply via their home country. It doesn’t help that I130+I485 (AOS) could take over a year to process?
If you have filed I485 and they fail to process it before your current visa expires (D/S ends like F1 OPT). Then what? You just have to leave, abandon AOS and re-apply for CR1?
It’s insane that the simplest immigrant pathway; spousal green card could take 12+ months and may now require temporarily moving and being separated. Guess I actually will be paying $4K for a lawyer (plus the 3-4K just to file the USCIS forms).
I wish they would just have a simple fast lane for the 100% legal, non-complicated case.
> simple fast lane for the 100% legal, non-complicated case
Immigration policy in the current administration (which seems to be driven by Stephen Miller) is not based around legalaities, it's based around cutting immigration as much as possible because that's what satisfies Trump's voter base. These people do not care if you 'did it the right way'. They have an atavistic hatred of foreigners.
It sounds like your wife came to the US on an F1 visa, you got married and are now filing or have filed for I130+I485 for her. I assume too that you were a US citizen. These facts may not be correct. IANAL but I absolutely think you should be forking over the money for an immigraiton lawyer and that was true before this memo came out.
I've seen so many people who call their cases "simple" or "straightforward" but 2 minutes of fairly superficial questioning reveals there are actually huge minefields or deep, fundamental flaaws in their case. It's way cheaper to have a lawyer from the start than it is to screw up her case and then get a lawyer involved once she's in removal proceedings, which is a very real possibility.
So here are some base questions to ask:
- How did you get your citizenship? If you were born here or got a green card through an employer or parent, that's fine. If you got it from being sponsored in a previous marriage, that's what USCIS calls a "pivot case" and you will have a high level of scrutiny;
- Did you know your wife prior to her coming to the US? If so, USCIS might take the position that this was a scheme for her to come to the US and adjust status rather than consular processing and the burden of proof that it wasn't is on you;
- It sounds like your wife is on OPT. If so, she completed her studies, which is good. USCIS hates cases where someone comes on an F1, doesn't complete their studies and get married. They can accuse such people of committing immigration fraud;
- How soon after her last entry to the US did you get married? Too quick (generally under 60-90 days) and USCIS may accuse her of misrepresentation, which is a huge problem;
- Did she make any visa applications and misrepresent her status to you?
- Did she make any misrepresentations to CBP about her relationship to you when entering the US?
- Did she ever violate the terms of her F1 visa? For example, working without authorization;
- Has she been married before? If so, were there an I130 filed for her previously?
- Has your wife ever been arrested, charged or convicted of any crime other than traffic ticket citations? This can be a far bigger problem than you realize even if it's something "trivial" where she gets probation;
- Did she apply for an F1 for one school, come to the US then change schools? If so, USCIS might take the position she did a misrepresentation.
Also, anecdotally, USCIS seems to be taking advantage at interviews of people who don't have a lawyer by threatening the citizen to withdraw the case or by getting the citizen or immigrant to agree not facts that aren't in evidence or aren't true and then using those facts to deny or delay the case.
Are you prepared for the interview where the officer may separate you and then compare your answers?
There's more to an immigration attorney than just filling out forms. A good attorney will prepare you for the interview and identify (and hopefully solve) any potential issues before they become issues. People generally make bad witnesses. I'm reminded of the "do you know what time it is?" scene from the west Wing [1].
I'd strongly advise a lawyer.
As someone who came here on the K-1 (fiance) visa, this would have impacted me as (IIRC) there are two points where I had to adjust status: once, after marriage, to get "Conditional" Permanent Residency, and after two years of marriage, to "remove conditions" on my residency.
I get being out of the country for the initial application (the consular officer in Sydney explained that it typically had to be filed by the sponsor, while the sponsor was in the US and the applicant was overseas, so that there was "no" concerns on coercion, etc.), but this... oof.
> Guess I actually will be paying $4K for a lawyer (plus the 3-4K just to file the USCIS forms).
And then of course the $85 biometrics fee every time you talk to USCIS, which could be multiple times in the process.
> Guess I actually will be paying $4K for a lawyer (plus the 3-4K just to file the USCIS forms). I wish they would just have a simple fast lane for the 100% legal, non-complicated case.
It would have been cheaper, and faster, for me to have come here from Australia on the visa waiver program (which says "no marrying a USC"), married my partner, said to USCIS "oops, my bad, can I stay anyway?" and go through -that- process, than the proper K-1.
By the way, if you move outside the country, you lose Domicile which is required to sponsor the visa. And if you don't spend enough time in their country visiting them, your application can be temporary "denied" (delayed) with a request for evidence (that the relationship is real) they'll spend 3 months deliberating over.
Today's news make this crystal clear: the current admin does not want citizens marrying outside the country, regardless of how quickly the marriage rate among US population is falling.
Jesus Christ, that's a bad situation. It seems extraordinarily risky to leave the country to return. I know a native-born American whose foreign-born wife has been waiting years now to come to the US. By contrast, I received my green card (through marriage) shortly after application. Considering the rapidity by which friends of mine (who were married after and applied after me) received their green cards in mid-2024, I wonder if the Biden administration anticipated losing the election a few months later.
I suppose little matters from the before days, but I've only been a permanent resident for 2 years so maybe this timeline helps: https://wiki.roshangeorge.dev/w/Green_Card_Application#Timel...
Happens as well in Germany and it's pure insanity. The US at least does not depend on migration as much as Germany, I believe.
Even the current right wing party CDU doesn't seem to want to make migration harder, but when the extremist party AfD gets voted into office, an already highly damaged balance will break.
Sad how people become so detected from reality that they make their society irrelevant and destroying a lot of wealth in the process.
> I wish they would just have a simple fast lane for the 100% legal, non-complicated case.
The explicit purpose of this is to reduce legal immigration, and reduce the number of people becoming citizens.
There is no world in which the same racist, fascist administration doing this does anything remotely like what you describe.
And don't forget that US consulates in 75 countries, or approximately a third of the globe, have stopped conducting Green Card interviews.