Just Paul

I  mean the NOA2 date. In a DCF NOA2 means it is being sent to the Consulate not to NVC.  Also in a DCF the NOA1 and NOA2 are usually very close in. Ours was three days, two of which were a weekend.

When we called the consulate they were very nice.  If you stay on top of it you can move it along.  We just got approved today.  Our original interview date was 12/27.  Once you have the internet account setup and ds260 done you can check for new openings.  Do that a few times during the day.  After two weeks I had it moved up 3 months to September 25th.

4 hours ago, jcon91 said:

 Now waiting for the letter from Mexico City in regards to the next step. 

We started calling CDJ at week 4 and got the case number by the end of week 6.  With the case number you can complete the DS260 and get an interview date.  We finally got the letter at week 9 after the NOA but were already done and scheduled.

30 minutes ago, Talako said:

 

Why would the baby need a onward ticket when the BB stamp does not require one?

I've flown in with my Filipina wife but Cathay and JAL have asked for the return tickets even tho I get a BB stamp.   Probably not on PAL but I haven't flow in with her to try.

Short trips, especially work related, aren't an issue.  Like @gregcrs2 pointed out, being gone for a long time followed being in the US for a short time and then gone again long is not showing of immigrant intent when you do your AOS.

My advise is to try to keep the foreign trips as short as possible and have more time in the states until you have your next interview.

From our experience about marriage reporting and passports it would be much more easier to report the marriage, birth and get her passport at the Embassy in Washington DC then wait until you were in the Philippines unless you have already set the travel dates.  You only have to go into one office compared to multiple visits in the Philippines.  If you do the passport in the Philippines my understanding is that you can use the express line (if she is also getting the one for your child) but it will still take a few weeks for the printing of the passport.  The Report of Marriage took us 3 months to be done there. 

I am not absolutely sure she needs to CFO stamp too.  You ask when you get there.

K1 is the same for immigrant intent. 

If part of the business is dependent on traveling to the US he could also apply under the NAFTA type. https://www.uscis.gov/working-united-states/temporary-workers/tn-nafta-professionals

You can apply for the B1/B2 visa if the reasons for his denial have improved.

There are people what I work with along the border and many of them have successfully obtained the B1 visa with lots of documentation. 

You can have dual residence.  You can even get it started in the US.  https://texmexexpats.com/mexico-visa-process-part-1/

The minimum you need for DCF is a Temporary Resident Card.  If you have a business in Mexico you shouldn't have been traveling on a tourist visa.

We got married in Hong Kong and at the consulate there it took 5 hours for my wife to get her permanent resident entry visa.  In Sonora then it took a few week to get her green card.

You can still try for his tourist visa or get married and have him able to come via DCF within 3 to 6 of filing.

Note that the CR1 is an immigrant visa and he has to have plans to immigrate. Basically more than half of the first 2 years needs be spent in the US. I agree that the B1/B2 seems like a better fit but he has to show ties to Mexico and that can be hard to do.

Having the Tourist Visa(s) denied won't play into the Spousal Visa.  

If you have property in Mexico you can apply for Permanent Residency, which might after 6 months, allows you to do a Direct Consular Filing for a CR1 visa saving you a lot of time. 

Call and check with the consulate.   Our situation is a bit different in that we live in Mexico while applying for CR-1.  My wife applied for her new Filipinas Passport in Mexico City.  They didn't keep her old one and we had the new one in two weeks.  

The  denied K1 won't have any effect on your spousal visa.  It is just like starting over.

I think at least 4 hours is best.  Depending on how busy they are it might just take an hour but it is better to be safe and get the most time between flights.  My recollection is that she has to go thru secondary inspection the first time.

What POE are you arriving at?

If you can go to CDMX I would highly recommend it.   Someone told me about how they mailed their I-130 to CDJ in May and hadn't heard anything back. I made an appointment and left with a receipt and had the approval the  next business day.  It was a great relief to get it done and approved so fast.  And the person who had mailed it in got their approval back in about 60 days.  52 days after the USCIS received it.

That is our timeline. Not an expedite.  We did do a DCF in Juarez as we were blessed in that I have permanent residency in Mexico and that she obtained her Mexican Residency in about 5 hours (well there was a bit of drama the first time we tried). Our first consulate appointment date was December 27th.  Within two weeks, after checking 3 or 4 times a day, I was able to get a September appointment. Next Monday is her medical and Tuesday for her consulate appointment.

Good luck on your journey. 

1 hour ago, Shamla said:

Paul,

i don’t have a birth certificate for marriage abroad. I have a US citizenship certificate. I’m not sure if that can be used in lieu of a birth certificate for marriage abroad. 

 

Also i worry if he goes to the consulate to ask if they would take his interview for marriage visa, that might raise question to them bc he’s in asylum status asking about marriage visa to US and whether they would take his interview . Doesn’t  that look bad?

About the naturalization certificate in lieu of birth certificate - that's not an absolute issue for USCIS.   You need to check with the Italian Consulate / Embassy in the US.   He can not seek guidance from the US consulate in Naples.  Only you can ask since you are a citizen.  I think all you need is an Infopass appointment.  He can accompany you.

13 minutes ago, Shamla said:

TM92,

of course I don’t want to wait. Waiting is a killer for us all. I would prefer to file if we can, even while his asylum is pending but I didn’t think we had that option. Also I was thinking K1 would be easiest for me but others here have also brought up good points that CR1 is stronger given he’s an asylum seeker. So at this point I’m a bit lost which way to go. 

Like @TM92 and I said before check with the consulate.  They should be able to tell you if he can be processed without the asylum papers as long as his passport is still valid.  If you go to the consulate to find out about his residency status and follow the advice here and ask questions here you shouldn't need an attorney.  You will want to have as much quality evidence in your petition as possible.  You can always add more when he has his consulate interview.

How long are you going to be in Italy?  You can get the paperwork you personally need done in the US in case you can get married.  That takes a few weeks to pull together and get apostille. Then you have real options depending on what the consulate says. 

No one wants to wait or leave open the possibility of denials. I think that and the costs were also pointed out by @C&AH.  Those are reasons we chose the CR1 over the K1 since there could have been issues with our K1.  Plus we can travel internationally and she can work right away.

~Paul  

26 minutes ago, Shamla said:

Why would they snatch his home country passport from him? I don’t think that’s the case. Many people still hold their home country passport even if asylum is accepted. 

I don't think that is an issue here.  You simply need to decide which visa fits you the best.  

I think there are questions about his asylum and what documents he will end up with that most of us have not seen.   Maybe if you had his passport expiration date we can offer better advice.  You can still talk to the US Citizen services at the embassy or consulate to get a better idea of what you need regarding acceptance of his status.

1 minute ago, Shamla said:

Thank you both. You have been very helpful. What is a Hague Apostle? Once his asylum gets accepted then can he travel to let’s say a third country and get married without issue?

Hague Apostle is the treaty that covers the Legalization of Foreign Public Documents. 

Not all countries participate (like my wife's).  When we thought we were going to marry in the Philippines I had my birth certificate and prior divorce decree apostilled by my state government ( Arizona) and then had the Philippine Consulate in Los Angeles certify the document.  Two steps.  Pain in the butt. 

In counties that participate:

We got married in Hong Kong and they accepted my state documents with the single apostille and no US State Department Certification.

Then when we filed the I-130  the consulate wanted to see the original embossed marriage certificate which did not have to be certified by the US Department of State in Hong Kong.

So much simpler.

Here is a list of countries: https://en.wikipedia.org/wiki/Apostille_Convention

20 minutes ago, C&AH said:

Then there is also the option of marrying in a third country but I'm not sure if that would help or hurt your case. You really need to do a great deal of research on this before making a firm decision. I would also recommend posting a question in a country specific forum - Italy- on VJ, someone from there might be able to advise you on the process of getting married there. He can also go to the local courthouse and I'm sure someone there can guide him.

 

We married in Hong Kong because it was so much easier then the Philippines for us. Hopefully there are easy options in Europe and do check out the local forums and have him ask around in Italy.

Marrying in a 3rd country won't hurt your case.  Just make sure it is a Hague Apostle country so the US Government accepts the Marriage Certificate without any issues.

5 minutes ago, Shamla said:

Thanks Paul,

to be honest I’m trying to figure out the best route myself with which way to go k1 or CR1. I do understand CR1 is stronger but do you know currently how long a person must wait to be issued a marriage license in Italy? With all that’s needed there to marry I wonder how long I’d have to wait more for the license to include in the CR1 packet. 

My understanding from 2 American friends that got civilly married there is that it had to be noticed for two weeks in the town they got married at.   Since you boyfriend is there I am sure he can research it a bit more.

I found this link https://www.italianweddingevent.com/wedding-requirements-for-italy/requirements-for-us/

There is groundwork you need to do from the US.  He will need to find out about what he needs locally.   I'm sure there are exceptions for asylum seekers.

2 minutes ago, Shamla said:

Thanks Paul and Mary,

I know you can’t appeal a k1 but then we could at that point go the CR1 route if k1 doesn’t get approved. I’m hopeful it will get approved. Correct me if I’m wrong. 

If you don't mind waiting a year and spending the money to get denied for a K1 from the NVC or waiting a year and half if you get NVC approval but don't pass the Embassy.

Also how is he getting his police clearance from Afghanistan?

34 minutes ago, Shamla said:

Paul and Mary,

yes he would be a lawful resident of Italy. If I apply for a K1 as if he’s a lawful resident of Italy then what’s the issue? I’m not seeing what is the problem in this? Please help. 

Just to point out that lawful residency is not the same as citizenship.  You can easily file when he has residency.  If you are waiting for him to be an Italian Citizen you will wait much longer.  There might be an issue where his passport expires during the process.  If so hopefully he can renew it in Italy.

I would recommend that  you check with the US embassy  / USCIS in Italy to see if they will allow his asylum residency status to be used as residency for the application or if he has to have "permanent" residency.  Again you might have a timing issue with his passport expiration.  In any case you will be applying via the lockbox in the US.

Research K1/CR1 denials visa more.  In the past, prior to the new policy implementation of Sept 11, 2018,  you can appeal a I-130 decision and not a I-129F.  The CR1 might take longer but it is definitely faster then having to refile the K1. The CR1 is also cheaper and has other benefits. In any case a Tourist Visa is probably not going to happen.

We wish you the best in the  process.

~Paul

23 minutes ago, Shamla said:

Thanks C&AH,

if he gets accepted asylum in Italy then I can apply for a K1 as if he were a regular citizen of Italy. I don’t get why that sounds complex. Now if he were in Asylum and it wasn’t accepted yet, then applying for k1 would be difficult. 

 

Marrying overseas seems so much more complicated to me. 

Isn't the asylum better thought of as "residency"?  Citizenship is an additional process.  

File your I-129 now and she might be able to complete it all in Thailand!

When it is time to get the NBI, and she is still there, she can do the paperwork at the Filipino Embassy and she can send it with a Special Power of Attorney to a friend to request the certificate in the Philippines.  You have a long time before you need that but that is what we did from Mexico for my Filipina wife.

7 hours ago, Robert D said:

Thanks again, I appreciate your help- How about the marriage there in Phils; Can that all take place within about a week / 10 days or so as long as I have all my documents in order and on hand?

My Filipina wife and I found it was easier and quicker and actually cheaper to marry in Hong Kong this past March.  We sent in the marriage paperwork 2 weeks before and spent about 5 days in HK for the wedding, filing the report of marriage at the consulate and amending her passport.  Just amending her passport was worth going there.   That part is much longer in the Phils.  The USEM will accept the Hong Kong Marriage certificate.  When we looked at doing in in Phils it was going to take 5 to 8 weeks give or take for the approvals.

1 hour ago, Gabriel22 said:

I check processing times and my area says 26 months. I have written to a senator with no replies and service inquiry has gone unanswered. Not sure what else I can do to speed up the process of the green card, maybe have her come in illegally and ask for asylum. 

Try your House of Representatives Member.  They tend to be much more responsive.