SusieQQQ

No, he has to have been a citizen before the child was born so the residence period isn’t even important for this case. If he sponsors an immigrant visa/green card for the child and the child comes to live with him (in his legal custody too*) on his green card before the child turns 18, then the child will automatically become a citizen (INA320/child citizenship act). So his first step is to file an i130. *joint or sole custody counts here but if the parents are not married (where custody is presumed) then he needs to show a legal document proving custody for this. Note the standard for citizenship is stronger than what is needed for granting an immigrant visa, where often just the other parents permission is fine. Alternatively the child can apply in his/her own right after they turn 18 and have been here on a green card for at least 5 years. Is the mother amenable to the child moving?

I think poster may mean affidavit of support (i864), not adjustment of status. Not clear, people use the same abbreviation for both things.

If a citizen files for an under 21 child the age is frozen as at the date of filing and they cannot age out. The correct category is IR2.

Agree with Adventine. I think (1) spouses often threaten and sometimes (we have seen them on VJ) even actually believe that because they “got” the spouse the green card they can get it taken away; and (2) a number of people come from countries where spouses can indeed get residence taken away, especially if the sponsored spouse is the wife. What one person calls “common sense” may be very different to a person who doesn’t understand the different contexts.

No, no, no, no. You have a ten year green card? Divorce him and move on with your life, wherever you want to be. After you’ve had your green card 5 years you can file for citizenship without needing to be married. And this needs to be somewhere in the top 3.

Except that OP also said that ROC was denied. We really need Sarah to join and to give us the facts.

IF she filed i90 and it was unintentional- I have to disagree with the posts about it being “confusing” or a “trap” when right at the beginning of the instructions it tells you uncategorically (“may not, for any reason”) not to file i90 for a CR at the time she did. Maybe she just didn’t bother to read the instructions, lord knows she wouldn’t be the first or last we’ve seen here.

The i130 will give a list of suggestions (more than what I put here, I don’t remember all the options). If you can’t find anything to match any of those , expect an RFE, which will include pretty much the same list along with the suggestion of a DNA test.

I don’t think restaurant jobs generally qualify for H1B. See details here https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations

You’re almost certain to get an RFE regardless, because you don’t have a full long form birth certificate issued within a year of your birth, unless you upload other evidence (medical, school, church etc records that list you as family) as indicated in the section of the i130 that suggests it. Just a letter won’t do it.

According to another thread yes but they are lost

It’s not a problem but it’s also unnecessary. All you have to do is give the updated address to the CBP officer who processes you when you arrive at your port of entry, and they will update it in the system. In fact I suggest you do that anyway as address changes for green cards online before or around arrival don’t always seem to work.

I don’t know about same day humanitarian parole (other than maybe the current Ukrainian program?) but, I do know from before that a funeral is one of the reasons you can get an emergency visa so maybe the officer’s comment is linked to that. Emergency visit for a terminal relative usually requires some documentation to show it is serious and near term. The extract below is from another country embassy but they will have pretty standard requirements: Illness/Injury of Family Member Purpose of travel is to attend to an immediate family member (mother, father, brother, sister, child, grandparent or grandchild) who has suddenly fallen seriously ill or had an accident in the United States. Essential documentation: A letter from the physician or hospital confirming and describing the illness or injury. Evidence that the sick or injured person is an immediate relative. Funeral/Death Purpose of travel is to attend the funeral of or make arrangements for repatriating the body of an immediate family member (mother, father, brother, sister, child, grandparent, or grandchild) in the United States. Essential documentation: A letter from the funeral director stating the contact information, the details of the deceased and the date of the funeral. You must also present evidence that the deceased is an immediate relative. I am not sure any of these reasons would be enough unfortunately to allow in, without a visa, someone who has been repeatedly denied a visa. He may also try get an actual emergency visa, which if successful would likely be a single entry visa given his history.

No, the medicals are included in the IV packet. Strange they didn’t give you a copy of the vax record right there. It’s not mandatory to get your vax records to enter the US as a copy is in the medicals already, but it is highly recommended, especially if you have kids as it comes in a format that US schools etc will recognize.

I’ve never heard of this, can you provide the name of the case you’re referencing?

I don’t know how much it costs for Pakistan. The authorized labs have associate labs in relevant countries - your parents do theirs there, you do yours in the US and the labs will deal with getting them together and doing the relevant testing.

Go to the US embassy for assistance. Airlines will not board you without a passport or valid travel document.

So which was it? Denied or approved? (What do you mean “technically” approved, by the way?) can you block out identifying info and post the denial reasons from the refusal letter, as well as the part (if it’s there) about what she should do next? Exactly. This is why I’d like to see the text of the denial letter.

I explained that before. The idea in writing posts explaining all the options /outcomes is that people read them.

No, unfortunately it doesn’t, either he was eligible to follow-to-join or not, if not he doesn’t get any benefit from what his age was at the time. His age at the time of filing the i130 is what matters. Not sure where you got the information about waiting for citizenship then getting the visa in a year. She never had to wait beyond getting her green card to file, and it would never have been within a year (even before covid) once he turned 21. My opinion, 12 years is long yes, but file it anyway. At least you/he will have the option in 12 years to decide if he wants to come.

But what do you mean she applied for a 10 year green card online 08/13? Did she file an i90? The normal process is you file, you have an interview for removal of conditions, then they send you the ten year card. Can you please carefully give us the following dates: - date i751 was filed - date of i751 interview - date of notice of approval of removal of conditions if she has a myuscis account all the above info should be easily available. - as well as clarify what you mean by she filed online for a new green card in 08/13 - did she file an i90? If so, what reason category did she give for filing the form? (Also note that if she filed i90 at that date she ignored the instructions right at the beginning that say “Conditional permanent residents may not use this application to replace, for any reason, an existing Permanent Resident Card that is expired or will expire within 90 days.”)

If the mom will be eligible to file for citizenship in Sept 2022, she’s been a LPR for what, around 2.5 years already? Why didn’t she file for him as soon as she became a LPR and at least she would got a couple of years of the queue out the way? Ok so, the issue here is not the same as K1 or CR1 where you get put in the visa queue as soon as the petition is approved. Over 21 children (whether of LPRs (F2B) or citizens (F1)) are in “family preference” categories, and these are by law, limited by quota each year. But the queues are way, way longer than the quotas so there is a wait; and then for countries like the Philippines which have a large number of immigrants to the US, the queue is further constrained by the portion of immigration law that states that no country can take more than 7% of available immigrant visas in one year. This is why the wait in the visa bulletin that was posted above, is so long both in general and longer for Filipinos in particular. She can upgrade the petition from F2B to F1 when she becomes a citizen , but she can also choose to retain the F2B priority date - sometimes the relative moves in the queues make it a more advantageous date. A decision on that won’t need to be taken for years. Also note to benefit from these categories he must remain unmarried. Once his mom becomes a citizen he won’t lose the petition if he marries, but he would move to the F3 (married children of citizens) category. As you can see in the post with the visa bulletin above, the wait for that is even longer - visas currently available only for those petitions filed some 20 years ago. As an indication, the last numbers released (annual report, November last year) had: F1: queue of 291645 with a quota 23400 per year per year F2B: queue of 408591 with a quota of 26260 per year F3: queue of 638590 with a quota 23400 per year per year

You have it the wrong way round. You need a basis (the approved i130 petition) on which to adjust (using i485).

Why are you fixated on W2? There are a host of things you can use to prove residence. from the official form: Examples of documents that can help demonstrate residence include, but are not limited to: property rental leases and payment receipts; deeds; utility bills; property tax records; automobile registrations; professional licenses; employment records or information; income tax records; stamped school transcripts; military records; income records, including W-2 salary forms; vaccination and medical records.

The issue here is that all the stuff you are posting above is for immigrant visas. An immigrant visa is something that gives you green card holder status the minute the visa is stamped on entry. Therefore, despite the fact that K1 might feel like an immigrant visa because of your intent, a K1 is actually technically a non immigrant visa, and none of the immigrant visa process linked above applies to it.