nastra30

To clarify. Is your son the biological son of your wife? If not, are you a USC? If your wife is the petitioner for your son then she's the de-facto primary sponsor of affidavit of support. If she does not want to sponsor then it's her right.

I am usually a proponent of desperate times calls for desperate measures but within realistic expectations. I refrain from giving you a point-by-point response to some things you've stated so not to derail this. It seems you've applied for humanitarian parole based on marriage/unborn child. I haven't seen it used this way; only ways related to war/military/veteran humanitarian reasons and significant issues and recently some southern border family separation issues. All the best and let us know how it goes. Hopefully, your spouse will get to be with you soon.

@Crazy Cathas a nice summary. Tagged. Spousal visa is superior in my opinion. From the US perspective you can be a dual citizen. You'll have to check current country if they too will be ok. Good luck.

In a nutshell. -Hope for I-751 approval and further complications will be avoided. - If I-751 denied, then no need to wait for NTA or IJ. Your LPR Status could be considered terminated at this point without seeing IJ. You may refile I-751 or you can adjust through 2nd marriage and deal any accompanying bona-fide issues that comes with it. - Probably better to work with your lawyer for any complexities. Good luck.

Relevant post discussed previously on similar subject on new marriage-based AOS pertaining to the new guidance. @mindthegapactually explained it quite well.

Section G in link below. G. Conditional Permanent Residents https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7

Sure; the guidance is still in play. The link is the page. Or just Google i guess.

Op's status has been terminated based on new guidance of Matter of Stockwell. Did you read it? https://www.uscis.gov/archive/uscis-issues-guidance-on-adjustment-of-status-by-aliens-whose-conditional-permanent-residence-has

Op, essentially there two actions that could be considered as status been terminated. 1. Receiving a I-751 denial notice 2. Court terminating the CR status through NTA by USCIS Original Matter of Stockwell: https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/14/3150.pdf Based on original Matter of Stockwell, one wouldn't be able to adjust status based on 2nd marriage until the court has terminated the CR status of 1st marriage. However, based on 2019 new guidance of Matter of Stockwell: https://www.uscis.gov/archive/uscis-issues-guidance-on-adjustment-of-status-by-aliens-whose-conditional-permanent-residence-has You can adjust status based on new marriage once you receive notice of denial of I751 without waiting for a judge for formal termination. --- Now my additional two cents. Nothing stops you from filing adjustment of status right now based on 2nd marriage per the new guidance. If you go this route then of course you could also apply for travel document I-131. Now the actual approval of the adjustment will be a different matter because USCIS will want to cover it's bases of the 1st marriage to ensure there wasn't any fraud or misrepresentation involved so proving bona-fides of the 1st marriage isn’t going to go away. Also, I doubt USCIS will grant you an ADIT stamp without a refiled I-751, again due to the new guidance which essentially means your status has been revoked without court approval, but certainly free to try. @Family, any thoughts.

By my rough calculation, it took roughly 4 years for petition to be approved. If you subtract that from current age, that will be 18 years 7 months for CSPA. So he should be CSPA protected. You need to contact NVC immediately to sort this out. If don't hear from them quickly, go to the interview next week with your son and sort it out at the consulate. Good luck.

Why was September when you met criteria for expedite? I didn't know there were timelines for meeting expedites. The pregnancy of the intending immigrant usually don't fly for expedites but hey expedites are discretionary so one can never know. But imo, all the things you've laid out pertaining to the pregnancy, unborn baby, future inconveniences processing documentation, location of spouse, travel, etc are very typical in a lot of places especially in Africa so I honestly don't see any emergencies that is expedite worthy. Plus expedite approval does not necessarily mean a faster processing. I just don't see how you'll be able to get I130 approved, clear NVC, and then secure immigrant visa from Algeria all within <9 months for your spouse to able to come to the US to deliver; imo not realistic but again who knows. Why will baby be born out of wedlock if you are married to the intending immigrant? Also, I think you should have just left the I-129F K3 application alone; they were never going to approve it. They'll automatically deny it after they've approved the I130. And why do you think spouse qualifies I-131 emergency travel parole when they don't live in the US?

Her parents will have to migrate first and then petition for their minor children. As stated above this visa category does not allow derivatives.

Ok. As you know it's case-by-case basis so it's not guarantee. If they say no, you know what to do next. Good luck.

OMG. Hindsight is 20/20 but all this would have been avoided if he boarded a plane to the US, activated his visa, and returned right back on the next flight. In any case, I successfully helped someone navigate the process of getting their immigrant visa reissued at the Accra Consulate who's visa expired and wasn't able to travel due covid shutdown restrictions. The consulate allowed them to re-do DS-260 and medicals and reissued the visa. Their original visa had expired for just a few months. Your son's visa has expired for 2+ years so that might be pushing it. However, the popular belief that an expired immigrant visa cannot be reissued is not necessarily true. Consulates at their discretion can choose to reissue on a case-by-case basis; it's not guaranteed. I think if you have a good reason they'll hear you out but I fear your particular reasons might not fly with them. But I agree with you, you should first contact them before filing a new I130. Use this link to contact them. Good luck. ---- From the horse's own mouth: https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/immigrant-visas-processing-general-faqs.html#NQ My immigrant visa expired before I was able to travel to the United States. What should I do? You should contact the Immigrant Visa Unit of the U.S. Embassy or Consulate that issued your visa. You do not need to file a new petition with USCIS, but you may need to submit a new application (DS-260) and pay another immigrant visa application processing fee. In addition, you may need to submit new supporting documents, such as a new medical examination and police certificate. Please be prepared to return your unused, expired visa and visa package (if applicable). Requests to reissue or replace visas are considered on a case-by-case basis, and all applicants are required to re-establish their eligibility; there is no guarantee that you will receive a new visa.

Yes, you read it right. Unfortunately, no refunds; the ETA has already been processed and issued. Honestly, if they already have it then no big deal; it's valid for two years and you'll never know when it will come in handy. Oh also, in the announcement they are already proposing raising the ETA fee to about $20 to boot.