Crazy Cat

I would proceed down the path of least resistance....a waiver. But realize that the current administration is not as casual with crime as was previous administrations.

My wife was called for jury duty in Dallas County, Texas within a few months after becoming a citizen in 2023. On the other hand, I haven't served in 30 years.....LOL.

There you go. This administration is serious about visas. Hopefully, the consulate will apply the law accurately. So, the consulate officer says a waiver is available?

I would assume ANY medically necessary items would be allowed.

Oh, I see. Please update us when you find out what happened. Good luck.

Your situation is way outside the scope of a DIY site like Visa Journey, imo. IMO, you are going to need a very strong package. Find a very good attorney who has experience in crafting them. I don't think the current administration will treat your situation as a formality as did the last administration. This is a far cry from a standard immigration case, especially with the extra scrutiny by USCIS now. What is your plan if you attempt fails? I wouldn't risk the consequences of trying to do this solo. A $150-$300 consultation is just the very beginning to a very expensive process. IMO, you need to put this in the hands of an experienced attorney......which won't be cheap or guaranteed. Your father made some extremely bad decisions which are going to cost a lot of money to rectify. Just an opinion. Good luck.

A Green Card holder is not a tourist. Big difference.

Agree with @appleblossom. Just give them what they want....Good luck.

No, applying for (and/or denial of) a B2 with a pending I-130 would not cause an I-130 denial or have any effect on a spousal visa case. However, applying for a B2 with a pending I-130 would probably cause a denial of the B2.

Yes. They have to see the citizenship documents.

In Texas, only US citizens can update their addresses and renew DLs online. Otherwise, Green Card holders have to ALWAYS renew and make changes in-person only. We took wife's Naturalization certificate and her US passport.

Good luck......You could get the interview at any time since those estimates are very inaccurate sometimes. Hopefully, your N-400 will push the I-751 soon. It did in our case.

Marriage is irrelevant....US citizen children are irrelevant. If they entered the US without inspection, they can't stay.....and bans are real unless waivered. I heard the government has increased the incentive to self-deport to $3000 along with a ticket to home country. This administration is serious.

What is the current USCIS case status?

Yes. Each consulate has the discretion to accept DCF cases...That would be the first step. Contact the consulate and explain your circumstances.

Yes. Process could be a matter of just a few months for some consulates. Yes, at the discretion of CBP.

A spousal visa, processed through USCIS, NVC, and the consulate, could take about 2 years. The I-130, alone, at USCIS, will take a year or so for approval.

****Your 2 threads have been merged to keep your questions and the responses organized***

My decision process for a spousal visa: Step 1: Decide when you want to re-locate to the US. Step 2: Decide if you want to try the DCF route (if petitioner is living outside the US) or if you want to file normally thru USCIS. Step 3: For DCF, contact the consulate and request they process the case. If approved, they will give you instructions for filing directly thru them. For normal consular processing, you file the I-130 thru USCIS. Once you file normally thru USCIS, you cannot later file DCF. If filing a normal I-130 case through USCIS, see this guide:

No... ...If you file an I-130 online to USCIS, you lose DCF........DCF means "Direct Consular Filing"......Filing online to USCIS means consular filing....but not DIRECT Consular Filing. With DCF, everything bypassess USCIS. But, for consular filing (filing an I-130 thru USCIS), you would put that your consulate is Montreal....but that is not DCF.

An approved I-130 leads to a spousal visa (in your case)....which is a family reunification visa....to live in the US.

Either that or have a convincing plan that you are re-locating.

Be aware that you cannot go the DCF route once you have filed a normal I-130 with USCIS. Also be aware that Montreal is notorious for their scrutiny of US domicile.

Of course, they can....if the consulate officer believes the petitioner or joint sponsor has sufficient income or assets to prevent the immigrant from becoming a burden to taxpayers.

Under the law, Petitioners are responsible for supporting the immigrants they sponsor...If consulate officers think the immigrant is likely to become a burden to taxpayers, they can deny visas or require well-qualified joint sponsors. Actually, I am surprised we don't see more public charge denials. I don't recall seeing one in a couple years.