Dashinka

I completely agree with with @nastra30. A student visa will definitely be tough task in the future as it is treated much the same at the interview stage as a B2. It seems her options are to file the I751, and if possibe come back to the U.S. and submit the I131 and stay for the biometrics. The other option is to file the I407, try for a student visa if that comes up, and if she does want to come back to the U.S. as an LPR it will be a very long wait. Good Luck!

I agree with @nastra30. I would do whatever to keep her LPR status if she plans to stay in the U.S. via a re-entry permit(s) or SB-1 although I think SB-1 would be a long-shot. If she is planning on staying in the U.S. getting an immigrant visa after she finishes school, assuming she gave up her LPR status will be a long wait. Good Luck!

I think the consulate needs to correct the visa with the proper birthdate. Not really sure why they would be asking a question to NVC.

Then the joint sponsor’s spouse should fill out an I864A.

The joint sponsor only makes $27k? The I 864s are not additive, the primary sponsor or the joint sponsor must meet the I864P guidelines for their household size and $27k only meets the amount for a household of 2. Good Luck! https://www.uscis.gov/i-864p

So the new passport is wrong? Is the consulate requesting a new passport with the correct information before actually issuing the visa, or was the visa already issued in her old passport?

She can only work with either the EAD or GC along with her SSN. She can travel and re-enter the U.S. after getting the AP or GC card. There is no stamp, and you can expect a wait of many months before you see any movement. You also mentioned in your OP that you are anticipating an RFE. If you already know this, why not include that information in your initial filing to take care of it up front? Good Luck!

I am actually glad the Harvard President did not get ousted as it keeps the antisemitism story in these “elite” universities in the news cycle longer so more people can learn about it. Also, it allows more and more folks a chance to uncover the complete hypocrisy of her specifically, and the Leftist academics in general.

Having both the I131 and I751 in the system at the same time should not be an issue. In fact it will probably look better for the I751 that you did things properly so you and your wife can stay together during your international assignment.

Other than the potential of being called for biometrics or an I751 interview, you should be fine. Getting the re-entry permit before you leave and getting the I751 filed is the right thing to do. You may consider consulting your company’s HR and discuss the situation. Generally large companies that have employees on international assignments will assist with a spouse’s immigration issues as well. Good Luck!

I would have your wife discuss it with the consulate officer when she has her interview. Good Luck!

Gat a call yesterday on my work phone also supposedly from Amazon. Instead of hanging up I listened for a while, and the person told me there was a suspicious purchase on my Amazon account. Supposedly a MacBook was purchased by someone in New Mexico, and I said I did not make the purchase, and did not live in New Mexico. Then the person asked for my name and that is when I refused to give them any additional information stating that this was personal information, and I would contact Amazon myself. I also mentioned that they were calling on my work phone that had no connection to my Amazon account. The caller hung up at that point.

When your first DCF case was canceled by the consulate did you file an I130 with USCIS? If not, it seems your situation has changed, so you can request DCF again?

One thing I will add after you receive the NOA extension letter. Make a few copies of that as well, and keep the original only for international travel. Good Luck!

What I was getting at is what if someone only filed an I129F for a K3 and did not file an I130. I am not sure if that is an option anymore or if one is required to also file an I130 for a spouse.

You did not already receive an RFE for the final divorce papers?

I90 which is a form to renew a 10yr GC, or to fix errors on GCs.

You are all set with the GC. USCIS properly terminated the EAD application with the approval of the GC. Good Luck!

I agree, you are fine. Good Luck!

Honestly, I have not heard of anyone applying only for a K3 via an I129F. I suppose it is possible, but with the spousal visa route via an I130 being a far superior visa, K3s are all but obsolete.

If she arrives in the U.S. after the 2nd wedding anniversary, she is entitled to a 10 yr GC despite the visa being issued as a CR1. She can remind the CBP officer that the 2nd wedding anniversary has passed, and hopefully that officer will endorse the visa as an IR1, but it is USCIS that issues the GC. If the GC arrives with a 2 yr expiration date, she can file an I90 to get it fixed as USCIS’s expense. Definitely make sure she arrives after the 2nd wedding anniversary so you can avoid the I751. Good Luck!

Spousal visas (CR1/IR1) are generally processed at the consulate in the country the beneficiary spouse is living legally. If it is a country where the U.S. does not have a consulate, then there will be other options. Many folks file the I129F after filing the I130 in hopes of speeding up the process, but you are correct, K3s are rarely processed. Regardless, in either case, the step are the same, the U.S. citizen files a petition, USCIS processes it. When the petition is approved, it moves to the NVC which will require the USC petitioner to upload supporting documents. Then NVC routes the petition to the proper consulate and the beneficiary schedules a medical exam, and a visa interview. This may help. Good Luck!

Yes, it is the F1 category. For you, you will be F11 as the primary beneficiary, and I believe your child will be F12.

Unless your country is Mexico or the Philippines, the F1 priority date is January of 2015. F1 seems more advantageous for you as it allows for derivatives whereas the IR2 does not. Good Luck! https://travel.state.gov/content/dam/visas/Bulletins/visabulletin_December2023.pdf

Yes, file the I865, and if CBP asks, your husband can answer with the new address. Your husband can also file an AR-11 once he arrives and settles in. Good Luck!