jan22

I'm coming into this discussion late, but have read the entire thread carefully. At the risk of repeating what others have already said and of being thought to be negative in my response, I would like to review and perhaps clarify a couple of points from immigration's point of view.. "They" are not saying she was already legally married to another person -- SHE said in 2018 and 2019, under penalty of perjury, that she was married to Mr. B. USCIS is informing you that the earlier marriage was unknown at the time the I-130 was approved and are now giving you the opportunity to show the legal termination of that marriage. In order to move forward, you must show how that previous marriage ended so she was free to marry you. While an agent filling out the 2018 form might lead to credible deniability of the misrepresentation on her part, the fact that she repeated this on the 2019 application and added to it by saying her husband was going to pay for her studies, demolishes the idea of her being a vIctim of an agent's "mistake". It also makes any claims she makes now suspect; they likely will not be deemed credible. (The old lawyer's trick question of, "Were you lying then or are you lying now?" comes to mind.) Relying on the idea that the current marriage is legally recognized in Rwanda and, therefore, must be accepted as valid by USCIS would mean that if you successfully commit fraud or misrepresentation on your own government (not saying this is the case here, just as illustration), it cannot ever be questioned by US immigration. As others have said, Rwanda can only record marriages legally performed in Rwanda. The Rwandan government cannot know, unless otherwIse reported to them, legal marriages solemnized elsewhere. USCIS will, in fact, recognize your marriage in Rwanda once you document the legal termination of the previously claimed marriage. The US government does not have to prove the first-claimed marriage actually occurred; rather, you have to prove it was legally ended. Proving it never occurred anywhere in the world is a pretty big hurdle. Hope you get things worked out.

Per the OP, she does not have the scholastic or experiential background that would qualify her for an H1, regardless of the family's business and their willingness to pay her. And, should mention that an H1 would not likely be available until October 1st even if she and the business qualified -- long after she left the US.

Note -- this is a State Department notice, not a USCIS announcement. USCIS is not involved with visa applications/interviews. Thought it important to note this, in case someone went looking for additional information -- that they won't find at USCIS.

Of course, even with a positive response from LegalNet, if the baby is born before the visa is issued to your husband, this is likely the only option for speedy processing. I would ask the Embassy now if they would agree to accept an I-130 for your newborn if the baby is born before the is see uance of your husband's visa. They could agree (which would be a relief to know), or ask you to submit the request after the birth. (Or say no, but I think that's unlikely). Asking the question now might possibly catch their attention and help get your husband's appointment scheduled. (As you have already learned, pregnancy is not usually a reason for any sort of expediting, but...). If they accept the I-130, it should be a very quick ptocess. One important thing on your concern about the baby not getting US citizenship like the other children under the Child Citizenship Act, that should not be a worry. The requirement is that the child be admitted to the United States as a legal permanent resident while under the age of 18 and in the legal, physical custody of the US citizen parent. Even if you travel with the baby without an immigrant visa, he/she should be admitted as an IR-2 just like the rest of your children and obtain US citizenship along with them. BTW, in one post you referred to giving birth in a "foreign country", meaning the US. While I fully understand why you said it that way, I would avoid phrasing like that when dealing with US immigration!

As long as one of you was under 18 (i.e., met the US immigration definition of a "child") when your common parent married the parent of the step-sibling, you are right -- you can file an I-130 for them. Clearly, since your step-brother is still under 18, that means you qualify to file for him. HOWEVER, what others are trying to explain to you -- and they are correct -- just because you can file the petition faster than your parents could, it does NOT mean that he will immigrate faster. Parents are, by US immigration definition, immediate relatives (IR-5 category). There are no annual numerical limits for visas for immediate family members. You file a petition for them and once it's proved, it can proceed directly to the Immigrant visa phase. The whole process will likely take between 18 months to two years. Siblings, however, fall under what is called a "Family Preference " (F-4) category. There are Congressionally-set numerical limits for how many immigrant visas can be issued in each Family Preference category during the fiscal year. There are many more people in each category who file petitions for multiple family members than there are visa numbers available every year. This, of course, results in large backlogs of people waiting for a visa number to be available. The F-4 sibling category has the largest backlog of all -- visa numbers are just now available to people for whom petitions were filed in May 2007 -- more than 16 years ago. And as more and more people file, the wait will only get longer. It will likely take at least 20 years before a visa number is available for anyone filing for a sibling today. There will be a wait, too, if your parents file for your step-brother once they become legal residents of the US, as he still will be under a numerically-limited Family Preference category (F-2A or F-2B, depending on his age). But, it will be a shorter wait. Under one of those categories it will likely take about six to 12 years before a visa number is avsilable. A long wait, but less than half the time for a sibling-based petition.. I urge you to learn much more about the immigration process, starting with not just dismissing the information provided here by very experienced people. Read it carefully. Also, carefully study the guides for the different categories found at the top of the page. They contain a great deal of information to help you decide your pathway through the system. Good luck to you!

Assuming you got the standard 6-month stay approved upon your entry last year, and you overstayed by one month, that indicates that you were in the US for 7 months. Then, you applied to re-enter the US after a relatively short time and were denied. Now, only 4 months after the denial of entry, you want to apply to re-enter the US. If this is an accurate summary of your situation, I think your chances of denial of entry is very high, approaching 100%. But I've been wrong before.

There are no "official" reasons that will guarantee filing an I-130 at an Embassy will be approved. There are examples listed, but it is always at the discretion of the Embassy to accept tb e I-130 or not. Filing one for a newborn when the rest of the family is at the visa stage is a valid reason and would be accepted most of the time. You should be able to travel without a visa for the baby. But, it might take some convincing of people along the way. If you want to avoid that hassle on what will probably be a difficult day -- sorry, can't imagine trying to organize travel with nine other people! -- this would be one way to take away that bit of additional stress.

He is probably referring to a visa common in parts of Europe and former colonies also referred to as a "gap year" visa. The US has no equivalent. The length of the program does not control when a student visa is required. A course that Iasts only a few weeks can require a student visa. It all depends on the couse structure and the outcome upon successful completion of it. More importantly, I'm sure your school has clear procedures/requirements for foreign student admittance-- if it has I-120 issuing authority granted by DHS, which it must if it has foreign students. Those procedures should be clearly communicated to him and followed, regardless of what he or anyone else tells you or asks you to do.

As others have said, it will depend on your prospective employer as to what visa processing they want to do. However, if you have the appropriate background and qualify for the UEFA Pro license, it could likely be an O1-A.

Another option is to ask the Embassy if they will accept you submitting the I-130 for the baby as soon as he/she is born and you have the birth certificate or at your family's visa interview if born by then. Then they can issue the immigrant visa for the baby at the same time or very shortly thereafter.

Just to clarify -- for a CRBA, the requirement is actual physical presence (i.e., the hours/days/weeks/months/years) you were in the US. You cannot count any time you spent outside the US for any reason, including vacations or family visits. You need to have 5 years physically in the US, at least two of which must have been after you were 14 years old. How did you get your US citizenship? Did you spend any time in the US for any reason prior to Nov 2011? When in Nov 2011 did you come to the US? And, when did you leave in 2017? All of 2012 through all of 2017 would only be five years -- assuming no travel at all out of the US during that time. Add the few weeks in 2011...but, it will be really close unless you had time prior to Nov 2011.

With the possible exception of he first year, you will not qualify for the foreign income exclusion, as that only applies to income when you are living and earning outside the US. IMO, a main consideration -- for which I believe you should seek professional advice -- is how you can deal with paying into Social Security, Medicare, etc., to protect your future retirement needs (even if that's a long way off).

As the spouse will be entering on an immigrant visa, no I-94 will be issued.

Not with a K-1, which is what they are applying for. The visa means nothing/has no purpose after the visa holder enters the US.

I'm sorry -- this is not accurate at all. The DS-2019 is not connected to an F-1 student visa -- it is for J-1 visas.. (Nor is the university the final decision maker as to the applicant's financial ability, but that's irrelevant for this poster). OP: You will receive an I-20 from the university that will show all the expected costs for a year of study. You must show all funds are available for the first complete year of study, and clear documentation of the ability to fund the remaining years. It will be the Consular officer at the interview that decides whether your sponsors are credible and have the resources and actual willingness to fund your education. For example, it is unlikely that they will determine that friends are a credible source of funding and will, in fact, have the funds to pay for your education.

He/She can have biometrics done at any of the VACs in India. The results will be available to the Consulate in Mumbai.

I understand all of that. But, this forum does not provide legal advice nor can guarantee an exact outcome. I would question whether someone else used that exact language and was successful. it does not say, for example, that sbe was fluent in the language the certificate was written in -- it only mentions English fluency. To certify a translation, the translator must attest to tbeir ability in English and [the other language]. However, someone else may have used that exact language, but was seen by an official who either may not have read the certification and seen the missing language attestation and unusual English language usage or decided during the interview that the individual was proficient enough in English to provide a legal translation. The complexity of the document is not the issue. Either someone is sufficiently proficient in the two languages to provide legal translations or not. I am not saying this is the reason why you were asked to provide a different certified translation. But, as you were advising people they needed to use professional translators -- which is usually not the case -- I am saying it is one possibility, so others may be better able to judge what to do in their own case.

There may be a specific reason why they did not accept her self-translation, as opposed to it being a general requirement for everyone. For example, thry may have decided her command of English was insufficient for certifying a translation. The certification statement you attached appears to have a few non-standard English issues. In the statement she, herself, states she is "fluent (conversant)" in English. Being "conversant" in a language usually connotes the ability to understand and carry on conversations, but reading and writing skills are not as strong. It may not be considered fluent for the purpose of doing official translations.

If I have the time line straight, she Spent two years in the US (2019-2021); Spent one year in Mexico (2022), where she was granted a B visa in late 2022; and During 2023, she used the visa "numerous times" to enter the US, including the last trip of 5.5 months. So, during the past four years, she spent more than 2.5 years in the US, and less than 1.5 years in Mexico. And, during all of her trips to the US since 2021, she worked, albeit remotely, without a work permit. And, finally, after her last visit of 5.5 months during which she worked, she was refused a different non-immigrant visa to spend the next few years in the US, after which she now wants to return to the US -- having spent less than a month outside the US -- for another "visit". I did not write this summary to be harsh or unfeeling. I am trying to review it from the immigration officer's perspective and show you that -- even if the B visa is not revoked -- there is every likelihood that she may be denied entry which takes note of her improper use of the B visa to live and work in the US. All of that will make future visas or entries into the US much more difficult.

IF a court determines that an asylum claim was knowingly frivolous -- because it includes a misrepresentation of a material fact -- a very serious consequence can be applied. The person can be permanently banned from ever seeking any immigration benefit for the US I'm not saying that would be the result in your case if you filed, just showing the extreme consequence in place to avoid actual frivolous claims.

I'm sorry, I have no idea how or when the records will be reconciled.

Just to clarify -- NVC has no decision-making role in any part of the process. I'm sure that they said they would seek a decision from the State Department (or Bureau of Consular Affairs). The dilemma is, obviously, a visa should not be issued with a known-to-be incorrect birth date. But, to issue the visa with the newly-established correct birth date would conflict with all of the USCIS records. I don't know, but I suspect the visa will need to be issued with the correct birth date.

The first step in scheduling an expedited visa appointment, which I believe you have already done for the brother, is scheduling a regular appointment. The steps after that are outlined on the embassy's website at https://www.ustraveldocs.com/do/en/expedited-appointment/ . They list recommended documentation for a medical emergency appointment, but what you will need to submit will be slightly different. You will need to, of course, document the seriousness of your husband's condition including the very short timeline that you are facing. The other difference will be the documentation of paymment of the medical expenses. You will not need to document how all of the medical bills for your husband will be paid. Rather, you will document how the payment for the visa applicant's (his brother or whoever is applying for the visa) part in the process will be paid, i.e., how the testing and surgery for that individual will be paid by your husband's insurance. It would also be good to provide a little documentation or description of searches that have been done to find a donor already in the US. The Embassy will also likely want some documentation of the probability that the person seeking the visa will, in fact, be a match. They are not likely to approve a series of expedited appointments for various family members to find a match, for example. I would urge you to investigate all possibilities of getting testing done prior to the visa application to ensure there is the highest probability that a match will be possible. There might be more possibilities for testing in the DR then you're aware of, or there might be a way to get the samples to be tested drawn in the DR and sent to the US for testing. The medical offices dealing with International Services should certainly be able to help you with that information. I'm sorry you and your family are going through this and wish you the best.

How long did it take for USCIS to approve the petition filed by your grandfather for your mother? Depending on how long that took, your brother may or may not have aged out of being a derivative on that petition for your mother. Worth checking to see if his CSPA age is under 21. If your mother files a new I-130 for him after she enters as an LPR, it will be at least 10 years before a visa number will be available and he can apply for the visa. The current Priority Date (PD) for that category is 22 September 2015 -- so people who filed eight years ago are just now being processed for visas. The PD for the category does not advance a full year during any calendar year, so people filing now will be waiting more than 8 years. It's a guess, but I would think 10-12 years is a reasonable guess. And, of course, he needs to remain unmarried.

And, i belIeve her entering on a parent visa (IR-5) will also close out the opportunity of her son being a derivative on the petition your grandfather filed. He cannot be a derivative if there is no longer a principal applicant. Your mother will have to start fresh and file a new I-130 for her son (your brother) after she enters the US as an LPR. Is your mother married or unmarried? If unmarried and your grandfather filed for his unmarried daughter over 21 in 2013 (i.e., 10 years ago), her priority date is current and that visa could be processed and her son could come with her or follow her as a derivative. How old is your brother? If your brother has aged out, and would no longer qualify as a derivative, it doesn't matter what visa your mother uses to enter the US -- it would require a new petition.