US Immigration from Israel

Hey everyone,

In 2017 I moved to the US on a J-2 visa as the spouse of a J-1 holder. In 2019 we both returned to our home country and divorced that year. My ex husband remained in our home country for 2 years as required, while I moved to a third country and did not actually spend 2 years in my home country.

In 2021 I married an American and moved to the US. I applied for a waiver based on a no-objection statement I received from my home country's embassy. The DOS returned this letter, saying essentially that since the J1 fulfilled his 2 year home residency obligation, the J2 does not need a waiver. However they still left me the option to send them my divorce documents and get a waiver recommendation.

When I applied for my waiver, I couldn't find any source online saying that a J2 is not bound by the rule if the J1 has served his term. This is the first time I see this and thought it might be useful to others, so I post it here.

This is a question that I posted a year ago, but I'm following @Villanelle advice and writing everything again with some new updates, because I have a complicated situation and my previous post was very confusing.

I have 2 kids from a previous marriage, ages 12, 14. I don't know what is their immigration status (they're Israelis). I want to help them with their immigration status before they reach an age in which it will be too late. I was previously married, got divorced in Israel, then I entered the US on a K-1 and AOS is still pending.

My children live full time with my ex (she's Israeli) and her husband (USC) in Tennessee. She has physical custody. We share joint legal custody. My children spend significant time with me even though my ex and I live in different states. I don't have the cooperation of my ex nor her husband.

When I got divorced (divorce in Israeli court and custody order in Nevada court), the family court in Nevada issued a custody order that says: If my ex is unable to obtain green cards for the children in accordance with the prior representations, I will apply and pay for their green cards after my green card application is approved. It also says that we both agree that the kids will permanently live in the US.

So it was my ex's responsibility (or her husband's responsibility) to apply for the children's visa.

As part of the divorce agreement and order, my ex sent me an invoice to pay half of the legal fees for my kids' I-485, which I paid.

Since then, for 3 years, I have been asking my ex what is the status of the kids visa, and I haven't received any response. I assumed that it was still pending. I don't have their receipt numbers. Today, I called the USCIS (I said "lost receipt" at the prompt, thank you @ashley_ann) and they told me that they don't have any record of a petition for my children. For months, I have been trying to call and email the law firm that filed the petition, but they haven't been responding (my ex retained them).

I don't know what is the immigration status of my kids. @Boiler I don't know why the mother wouldn't want to petition for them.

My ex and I moved to the US in December 2009. Between the years 2009-2017 The kids had F-2 visa, then H-4. I had F-1 and H1B. My ex had J-1, H4, then R1.

We returned to Israel in June 2017, and immediately started the divorce in Israel in June 2017.

My ex returned with the kids (without me) to the US in November 2017. @Lil bearShe was still married to me at that time, but I gave my permission for them to return to the US. I assume that she used her R-1, and the kids probably used either my derivative H-4 or their mother's R-2. They must have entered the US legally.

My ex remarried on November 2018. I know that she is currently working as a teacher, so I assume that she has EAD, which means that she probably filed her I-485.

Here is my timeline:

Divorce in Israel: 9/10/18

US Entry with K-1 : 7/17/19

My marriage: 8/29/19

I-485 filing date: 10/8/2019

Biometrics: 10/31/2019

RFE for AOS, requesting a co-sponsor to I-864: 11/4/2019

Response to RFE: 12/13/2019

Custody order, Nevada Family court: 5/30/2020.

EAD card issued: 2/25/21

I am still waiting for my AOS to be approved.

I did not apply for a k-2 for my kids, but I listed them on my k-1 application:

On form I-129F, I listed them on page 7, part 8, item 40a.

On DS-160, under "Do you have any immediate relatives, not including parents in the U.S.?" I listed my kids. I also listed their names under : "Do you have any children?".

"Is this child taveling to the United States with you?" Answer: No

"Is this child taveling to the United States at a later date to join you?" No

On form I-485, I listed them on page 8, part 6, item 7a.

However, for the question: "Is this child applying with you?" I selected "No".

@HRQX suggested the following:

• I-130 filled out by your wife and signed by your wife. Very first item must be I-130 fee ($535) payment method.
• I-485 and I-944 can be signed by you: "If you are under 14 years of age, your parent or legal guardian may sign the application on your behalf." I-864 filled out by your wife and signed by your wife. Very first item must be I-485 fee ($1140) payment method.
• I-765 is free but optional. If I-765 is approved before I-485 is adjudicated then child will be eligible for SSN issuance at that time. I-765 can be signed by you.
• I-131 is free but optional. I-131 can be signed by you.

@Lil bear is absolutely right that I have been procrastinating this matter for way too long, partly because I was hoping that my ex will follow through with the petition, especially because she told the court that her husband petitioned for the kids. Today I got really worried after hearing from the USCIS that no petition has been filed.

I opened a thread about this topic last year but I feel that I wasn't clear enough.

Here is the old post:

I have additional questions.

1. @geowrian mentioned that my USC wife could file I-130 + I-485 packet to petition and adjust status concurrently. Will an overstay be waived automatically or is there a waiver form that she would need to file?

2. USCIS tier 1 told me that my ex's husband did not submit a petition for my kids. If USCIS is wrong and my ex's husband did submit a petition, what happens if my wife submits another petition? Will there be any conflict? Could it be that the kids petition was filed and maybe even approved and USCIS tier 1 wouldn't know about it?

3. If my wife files for my kids, can she do so without us having physical custody?

4. Will the petition for the kids cause my AOS petition to be further delayed? Should I first wait for my petition to be approved?

I'm really sorry for the long post and I appreciate the help!

It seems like the USCIS telephone system changed. I used to be able to reach a live rep by asking for technical assistance. It doesn t work anymore. Does anyone know how to reach a live agent? I called (800) 375-5283

USCIS Expands Partnership with Social Security Administration

Release Date

08/09/2021

WASHINGTON USCIS announced today that applicants filing for lawful permanent resident status are now able to apply for a Social Security number (SSN) or replacement card as part of the adjustment of status application process. Previously, these individuals had to apply for a Social Security number at a Social Security office. USCIS is revising Form I-485, Application to Register Permanent Residence or Adjust Status, to include the additional questions needed to apply for an SSN or a replacement card.

This expansion of our partnership with the Social Security Administration illustrates our commitment to operating our nation s immigration system more efficiently to save applicants time, said USCIS Director Ur M. Jaddou. Eliminating unnecessary bureaucracy and optimizing collaboration across public-serving agencies is a key priority for this agency and the Biden-Harris administration.

After approving Form I-485,in most cases USCIS will electronically transmit the data to the Social Security Administration. Upon receiving the data, the Social Security Administration will automatically assign an original SSN or issue a replacement card, as appropriate. This partnership with the Social Security Administration will not increase the filing fee for Form I-485.

This change to Form I-485 is effective immediately, and applicants can begin filing with the updated form today. USCIS receives about 576,000 Forms I-485 annually.

My daughter s case (IR2) has been documentarily qualified Sept. 2020 . We have been waiting for her Interview Date up to this day . We once sent an email at NVC to ask why it s taking this long for her interview date to come out and the answer was they will let us know when the embassy has open slot for her! By the way , her embassy is Manila. Is there anybody here who had this problem before ? What did you do ? To expedite is not an option for us since we have no reason to resort to this route. Any suggestion on how can we make her case move to the embassy from NVC? Her case has already been outside the normal process. It s now 10 months since DQ.