jan22

How are they planning on hiring you in October 2025?  If it is on OPT, accepting the stipend payments may be viewed as on-going, continued payment under your CPT, which could essentially extend the amount of time spent on CPT to a full year.  If that happens (a year of CPT), you are not eligible for OPT if in the same degree program.  You need to review this carefully.

3 hours ago, NNN44 said:

My main question is when does the 212e gets brought up , during the nvc processing or later on during the interview stage ? 

At the consular interview.  You can slow down the case at NVC if it appears it will be ready to send to interview before you meet the 212e requirement.

On 11/22/2024 at 7:26 AM, Simon88 said:

I am hoping and assuming that there is some benefit to being from a visa waiver program country. Technically there is supposed to be reciprocity.

No she did not disclose "boyfriend" or significant. I have been advised by some sources it would be good to mention as it would make a solid story for why to visit but others said no.

She did get approved for a Canadian eta although that does not help much. 

The benefit to being from a visa waiver program country is being able to travel to the US for up yo 90 days without a visa, once ESTA is approved.  It actually can be more difficult for a citizen of a VWP country to get a visa approved because of this.  Applying for a tourist visa instead of using ESTA usually indicates to a consular officer that the applicant intends to spend more than 90 days in the US — which leads them to question how strong the ties to the home country can be if the applicant can be gone that long on a visit.
 

The multiple visa applications almost assuredly led to the ESTA denial — they make her appear to be desperate to get to the US, which leads to a question as to why and what her plans are.  She would be best served to wait a year or two and the apply again for ESTA.  Another visa application now — which is likely to get denied once the consulate officer knows that ESTA was denied, creating a vicious circle — will only lengthen the time she should wait to apply again for ESTA, IMO.

In the past, a student visa could not be issued until 120 days before the program start date listed on your I-20.  That has been changed, and you can now be issued a student visa up to 365 dats before the start date.  So, I would apply as early as possible, just in case you end up with a lengthly administrative processing time.

Just to be sure I understand your plans —

1. You are go8ng to file the I-130 while in the US on the NATO visa, but indicate you will be applying for an immigrant visa in Canada, i.e., you are NOT going to file to adjust your status in the US;
2. While the I-130 is in process, you will continue to live in the US and do your NATO job;
3. When the I-130 is approved, and you have been documentarily qualified at NVC, you will return to Canada to attend your visa interview and remain there until the visa is issued;
4. After the visa is issued, you will enter the US using the immigrant visa and become a legal permanent resident;
5. You will continue with your NATO job until the end of the contact/assignment.

if the above is accurate, I don’t see any problem from an immigration standpoint.  There might, however, be an issue from an employment standpoint.  If you get placed into AP, you will likely not be able to use your NATO visa to re-enter the US to go to work even if it is not cancelled…the reason for the AP and the immigrant intent will be visible to an immigration officer at the POE, so even if the visa appears valid on its face, there is the possibility of being turned away at the POE.  
 

It will be a decision of the sponsoring country (I’m assuming Canada) as to whether they want to continue to be represented by someone who is a US LPR, as they might see a possibility that you can no longer fully reflect their interests versus that of your new country.  If you haven’t already discussed your plans with them, I urge you to do so.  You don’t mention whether you wife is employed and able to meet the requirements of the Affidavit of Support on her own, or if you are planning on using your continued salary to meet the requirements.  If the latter, it is critical to be able to prove your position and salary will continue.  You also will, BTW, lose any privileges connected with the NATO visa.

An easier path, IMO, would be to file the I-130 and, once it’s approved, delay the process at NVC until close to the time your NATO position is going to end and return to Canada after the position has ended.  Your wife will still remain in the US — likely for the about same amount of time as in your scenario.  You then enter as an LPR with none of the possible NATO complications.  If your wife cannot meet the AOS requirements, you can hopefully have a credible job offer ready or you can have a joint sponsor.

18 hours ago, shaista said:

Thanku soooo much for your advice. What if he was to put his share in a running business.  How much would we need(money wise). Not being nosey  where are your both businesses (just curious)

Depends on the size of the business — you would need to invest enough to own at least 50% of an operating business.  If you purchased only 50% of a business, it would need to include a stipulation that you would be the controlling partner because an E Treaty Investor visa is specifically to allow a business investor to develop and direct the business in which he/she invested.  The investment also must be sufficient to ensure the investor’s commitment to making the business successful.
 

I would recommend a lot more research on not only the requirements for an E2 visa but also on the proposed type of businesses you are planning to invest in.  I doubt that a $100,000 investment in either of the types of businesses you stated would meet the requirements.  
 

You would most likely not be able to purchase a controlling interest in an active, profitable off-license business or grocery store for that amount.  It probably wouldn’t cover the cost of purchasing the stock to sell or the equipment needed to operate.  
 

The profit margins for small grocery stores in the US run, on average, between 1 to 3% — not sufficient to establish and support your family in the US for a $100,000 investment.  (Major supermarkets operate with a larger margin, but your proposed investment would be insufficient for investing in one if the major chains).  As to an off-license business — you would need to also check the requirements, cost, and length of time to get (or retain, if you buy an existing business) a liquor license.  The requirements vary from state to state.  Some, for example require the licensee to be a US citizen or LPR, which you will not be.

Good luck in your research!

I agree, it is likely because of aging out.  The CSPA age protection cannot be calculated exactly, since the Priority Date is not yet current, assuming you are from the Philippines.  The current PD is 02/01/2004 — 10 months before your PD.

it is clear, however, that the older “child” has aged out from CSPA protection even if the PD was current as of this month.  The petition was pending approval for 4 years, 5 months, and 29 days.  So, as long as a visa number is available (I.e., the PD is current) before they turn 25 years, 5 months, and 29 days old, they would qualify for the visa.  As of October 1, 2024 (this month), the older child was 25 years, 7 months, 10 days old and has aged out.

There is still a possibility that the younger one will qualify, although it will likely be close.  He/she is currently (as of Oct 1), 21 years, 9 months, and 20 days old (although you said 22 years old).  If a visa number is available in the next +/-3 years 8 months or so, the younger will not age out.
 

The PD has to advance more than 10 months before their PD will be current.  Historically, the F-4 PD moves very slowly, if at all, during a Fiscal Year.  For example, looking at the F-4 PD for Phillipines on October 1 of the last five years, it was:

• Oct 2024      2/1/2004
• Oct 2023    8/22/2002
• Oct 2022    8/22/2002
• Oct 2021     8/22/2002
• Oct 2020        1/1 2002

So, for 3 years prior to this year, the PD did not move at all.  It made a large jump this year, but it is unlikely to do so again.  

I would likely send an e-mail to NVC, asking about this, especially highlighting that the younger “child” has not yet definitely aged out of CSPA protection.

Cannot be done for non-immigrant visas.  Either the children return to home country and submit passports through the Embassy process there or you re-apply and start the process over again in Canada.

5 hours ago, CyberCat said:

Hi Jan, thank you. It's been a mixed bag of reasons as to why lawyers don't want to help us and whether we can get a waiver, with much ambiguity or quick dismissal in their responses.

 

He has 5 convictions occurred between ages 17-22. The other incidents not mentioned were petty shoplifting, small possession of marijuana + pipe, and theft ex dwelling (age 17); all sentenced community work. None violent, no weapons involved. Typical dumb adolescent stuff.

 

Hopefully someones willing to work with us towards getting a waiver. 

How much marijuana?  And was the pipe a second charge under drug laws (that is, was it for possession of drug paraphernalia under the state’s drug code)?

There really isn’t enough information provided here to give a thorough, reasoned response.  The details of what you referred to as his “criminal history” are very important.  For example, how many criminal convictions?  For what crimes?  Over what period of time?  At what age were the various crimes committed?  Did any of the crimes involve a weapon?  Were any violent acts resulting in serious injury?  Assuming all of that information has been shared with multiple lawyers, including Hacking, and all have refused to take the case, I there is a reason for that which we here are not aware of and that moving forward is with US immigration is highly unlikely.  
 

Sorry to be so blunt, but hopefully, it will help you take a serious look as to whether there truly is anything else you could do toward successfully pursuing US immigration.  Actions such as trying to get a prior conviction relabeled/charge reduced after the fact so it sounds better/less serious, may be expensive and not achieve results that would advance the case.

While it is truly horrific that he suffered abuse from the very people who were supposed to protect him, that will not factor into a decision as to whether or not he is ineligible to enter the US.  Assuming all of his issues are waiverable, it could be useful in a waiver application, showing his rehabilitation and how far he has come…but that still isn’t a guarantee.

You have some very serious choices to make — I wish you all the best in making a decision and developing a plan that will allow the two if you to live together happily, whether that’s in the US, NZ, or elsewhere.

This is only the second business day since her interview.  Hopefully, you’ll see a change in the system soon!

14 hours ago, Family said:

It was always my understanding that a petitioner with plural marriages has to give up/ divorce all but one spouse. 

Because it would be difficult to otherwise prove that the wife left behind would be cut off from financial support, or any other marital ties. …or children born to the marriage. 
 

Was I wrong ? Can a  USC Muslim petitioner simply disclose he has practiced polygamy throughout his LPR , Natz and all I-130?

 

If so, then I was wrong….but am not convinced they could pull it off

 

 

9 FAM 302.12-2(B)(3)  (U) Distinguishing Current Practice from Advocacy, Belief, or Past Practice

(CT:VISA-2023;   07-08-2024)

(U) The applicant must intend to actually practice polygamy in the United States to be ineligible.  The applicant's mere advocacy of or belief in the practice, or the fact that the applicant in the past may have practiced polygamy, would not be sufficient to render a finding of ineligibility.  To sustain an ineligibility, an officer would have to find the applicant will maintain a married relationship with more than one spouse while in the United States.  If one spouse is traveling with the applicant while the other spouse remains overseas, the applicant is ineligible if you believe the applicant will continue a relationship with the left-behind spouse, such as visiting the spouse, providing financial support, keeping in phone contact.  If an applicant is legally married to a second spouse, but maintains no active relationship with that spouse, then that would not be practicing polygamy and would not sustain an INA 212(a)(10)(A) ineligibility. However, if the applicant is applying for a spousal-based visa category, the existence of a valid marriage may make them unqualified for the visa, even if they are not found ineligible under INA 212(a)(10)(A), as indicated in 9 FAM 302.12-2(B)(4)

 

https://fam.state.gov/fam/09FAM/09FAM030212.html

The key to the issue is in the first sentence of the FAM quote — it only becomes an issue in the US or for immigration if the intent is to practice polygamy in the US.  That usually only has an effect if there is an attempt to immigrate the second spouse (e.g., immigrate spouse 1, divorce them, “remarry” spouse 2, immigrate them, all live happily together in US).  No divorce of spouse 2 is required, but there should no longer be a spousal relationship. Technically, if that relationship with spouse 2 is maintained on trips outside the US, and that can be proven, there might be an issue.  Just like “intent is decided at the border”  for other issues, once the immigrant visa is issued and the person is admitted to the US, and naturalized, it becomes very difficult to prove the intent to practice polygamy in the US.
 

None of this is an issue for any biological children involved.  If they are his biological children, regardless of whom the mother may be (former spouse, current spouse 2 with/without an ongoing spousal relationship, child from an adulterous relationship, born out-of-wedlock — whatever), he can petition for the child(ren) without repercussions.

OP, to answer your question, you will have to prove — as does any parent petitioning their child — the relationship between you and each child.

6 hours ago, DELTAFOXTROT said:

For sure it is cleared by an American, this is the Philippines.  Thankfully last few weeks they are talking about WW2 rememberance and getting student visa to USA.   They will go into a stuff like pride month or silly stuff like the Ber months.

 

You can tell by the wording and some topics whomever runs the FB page for the US Embassy is non American, If I post something about the current president of the Philippines having an arrest warrant out for him in the USA and put a link it is taken down pretty fast, which is kinda funny.

 

From what I have seen is getting to an American inside the US embassy is rather difficult, you have to go thru non americans first, even doing a visa interview inside the US Embassy.

 

A few years ago I tried to go to the US Embassy and get a ballot to vote for the Federal Elections in 2018, the Philippines security gaurd didn't want me to go front entrance and kept telling me the Embassy was closed for holiday, I kept telling them the US embassy never closes.  Finally after ignoring them I got to the front entrance and was told the US Embassy was closed, I called their bluff and the finally handed me a phone thru a window and finally I was able to talk to an  American and they found me a ballot.

While this is far from the OP’s topic and question, I would like to address a couple of your statements that are not accurate, as they may cause future misunderstandings for others with other topics.

The “silly stuff” you mention is included to give people a sense of American culture and wide variety of interests, attitudes, and humor — as we all do in life, the Embassy FB page does not focus solely on “serious” topics.  
 

The Embassy FB page is 100% managed by an American officer.  They will take down any post that appears to be more about domestic issues than foreign affairs related or that has potentially sensitive information, including law enforcement issues.  And, anything with an outside link will be immediately taken down for cybersecurity reasons, as it could introduce a virus into the system.

Most importantly, US Embassies DO close for holidays — they close for all US federal holidays and the majority of the local county’s federal holidays, up to a total number allowed per year.  They may be open for a local federal holiday, if it exceeds the annual total allowed.  (They also close for the two days that are the “weekend” for the host country).  There is always a US officer on duty 24/7 for emergencies involving an American citizen (for example, the death of an American citizen, a crime involving a US citizen, etc) when the Embasst is closed.  It was almost certainly the duty officer you spoke with on the phone.  BTW, not all duty officers would have deemed your request an emergency and would have told you to return when the Embassy was open, unless it was almost the last day to get a ballot.

54 minutes ago, OldUser said:

You know this is punishable by law in the US?

 

Please go ahead, file the I-130s for them and brace for harsh consequences for committing bigamy.

Assuming OP is from a country where polygamy is legal, as long as he doesn’t practice polygamy in the US or try to immigrate the second spouse (assuming the wife in the US is wife #1), there will be no repercussions in the US.

OP — you need to file an I-130 for each child, assuming you did not meet the requirements to transmit US citizenship to them.

4 hours ago, toaosornotto said:

Will it help if the J1 program is well-reputed (think Harvard/MIT level, cannot give details in a public forum) and I am being invited instead of applying there myself? And is there a way the consular officer would know about the reason for not being able to immigrate?

It’s not a question of the quality of the host agency or the program.  It’s whether you meet all the qualifications for the visa — the main one of which is non-immigrant intent by planning to return home and utilize what you learned/gained in the US.  The J visa program is an exchange program with its purpose of sharing culture, knowledge, and experiences met by the J visa holder returning home to use those experiences and that knowledge.

The officer will most certainly know of the approved I-130 and will question why it was canceled — at which point they will ask you and you will need to answer truthfully.

On 8/30/2024 at 1:54 AM, toaosornotto said:

What is the source of the immigrant intent? Is it the I-130? Because my J1 was approved despite having an approved I-130 (preference category was F1). Or is it being CSPA eligible and having preference category IR2, which presumably should be fixed by withdrawing the I-130 and instead of adjusting status, coming back to the home country? I am just having a hard time understanding how one can have immigrant intent if you choose not to immigrate despite having the opportunity to do it? I have not filed I-485.

Just want to present something from a consular officer’s possible perspective.

Your last question, if I read your posts right, does not really describe your situation.  You are not “choosing” to not immigrate because you no longer want to immigrate.  You are dropping the immigration idea because right now you can’t meet the requirements.   It seems like, If you found a joint sponsor, you would proceed with immigrating.  It would appear to the consular officer that you merely dropped the IV petition so you would appear more qualified for a non-immigrant visa as you want to immediately return to the US and resume your life there.

The first JI was approved when you had a tears-long wait (for petition approval and the for a visa number to become available).  So, time to complete J1 your program, return home, and wait for the process to be completed.  You are no longer in that situation.

15 hours ago, DELTAFOXTROT said:

Nope, Cuz I see them get asked daily about why is it taking so long for a CR1 visa to get and appointment and the person has never answered that questions in years.  I always reply to them you should of done a K1 instead.

 

They do seem to mention the Allie and partnership the USA and Philippines have when it comes to military conflict with China, or trying to push Pride Month.

 

The US Embassy in Manila deals more with VA opening and closing, outreach etc, the only visa they ever mention is the Student Visa, I wonder if the person who is doing their FB account (The person isn't an American I can tell by what they post) is pushing these Student Visa.

You don’t know the number or topic of inquiries the Embassy gets…most do not come in via Facebook.  The Facebook account serves the entire Embassy and has to address US policy on a variety of topics.  They are unlikely to try to deal with anything involving immigrant visas , as they are very legalistic and case specific, rather than general information that all could use.

Whether the person doing the actual posting is an American citizen or not, I can guarantee to you that everything that is posted is reviewed by and cleared by a US officer from the Public Affairs office in the Embassy.

They “push” student visas because they constantly get questions about student visas and hope to get correct answers out so people don’t get bad information.

And, US colleges and universities want a diverse student population — it’s good for the educational program and the financial needs of the school.

2 hours ago, Boiler said:

 

CRBA would seem to be the way to go.

 

I simply do not know about the consequences of a USC obtaining a Norwegian Passport it seems they were not entitled to.

Although I’m not sure on what basis you concluded the children were not entitled to Norwegian passports*, the fact that they have them will have no bearing on a CRBA and/or a US passport application.

*Most countries that do not permit dual citizenship — which Norway now allows, since 2020 — do not recognize the second citizenship of a child born in their country and require documentation of them as citizens of their birth country, assuming they qualify for it.  At the age of majority in that country, they will require the new adult to make a choice and renounce the second citizenship.  That does not apply to Norway anymore, anyway.

4 hours ago, Nywoek said:

Maybe someone knows the answer to this, since I am talking about the kids and their passport anyway.

 

I looked it up, and I can get the kids a passport/do the notice if I get a notarized copy of their dads statement of consent. I think thats how he was planning on doing it as well. However, the american embassy in Norway is half a country away, and it would cost me quite a lot of money just to take the kids there. Now it just so happens they are going on a trip to that city with their grandma while I am away in the US visiting my fiance, and I did find a section saying this if neither parents can apply:

 

Submit a Statement of Consent: Form DS-3053 or a notarized statement from both parents or guardians giving that person (example: grandparent) permission to apply for the child. Include a photocopy of the photo IDs for both parents or guardians. If the statement is from only one parent or guardian, you must also show proof that that parent or guardian has sole custody of the child. Now I am wondering if I manage to get an appointment at the embassy and notarize both mine and their fathers statements, can their grandma bring them? There was mention of like institutions and such in the letter of consent, and that doesnt apply here, but I am still thinking I can? It would just save time, money and hassle if we can do this. I would call the embassy directly but they dont take calls about US services (madness), just about visas and such.. I also tried to email them a few months back and never got a response.

I doubt that this plan would work, primarily because without an already approved Consular Report of Birth Abroad (CRBA), the grandparents would not be able to provide proper information/documentation that the father transmitted his US citizenship to the children at their birth.  
 

The proper route is to get the US citizen father to prepare the CRBA application, which he will have to have notarized and sent to you for submission to the Embassy — along with the required proof of physical presence in the US — if he is not going to the Embassy to submit it himself.  Any chance he lives closer to the Embassy and would be willing to take the kids and apply for the CRBA while they’re with their grandparents?

Once the CRBA application is approved, you can apply for their US passports at the same appointment, as long as there is the written permission from either parent who is not present at the appointment.

5 hours ago, Edward and Jaycel said:

 

Apologies for my misunderstanding... This discussion was revolving around the couple meeting within 2 years of filing the I-129F so I thought you meant new, recent proof of relationship photos being filed with the DS-160. 

No worries.  I was responding to the second post from the OP where there was a question about a possible problem because of the potential that photos would be three years old at the time of visa interview.

2 hours ago, Edward and Jaycel said:

 

This is not true... The only thing you submit with the DS-160 is a digital visa style photo. You will bring proof of relationship with you to the embassy interview. We just did this a month ago and there is no way to submit anything with the DS-160 application other than the photo.

. ..

Not sure how this different from what I said, which was that new photos would have to be included with the DS-160 when it is submitted.  Not sure what it has to do with proof of relationship.
 

Yes, the photo submitted with the DS-160 will be digital — which only includes information on the beneficiary — as the whole DS-160 is completed and submitted on-line.  That doesn’t change the requirement for the age of the submitted photo.  The photo is supposed to be no more than six months old.  They will not/should not, therefore, use the photo already taken for submission with the petition.  

There will need to be new, recent photos included with the DS-160 visa application when it is submitted.