nastra30

No father can't bring child to the US visa-free. If the child's mother was a LPR too then he could have and obtain NA3 stamp at POE. Or if it was his first time seeking admission to the US as LPR then he could also have. Only option now is I130 petition. Good luck. ±+++++++++++++++++ 8 CFR 211.1 https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-211/section-211.1 8 CFR (Code of Federal Regulations of the United States of America), Section 211.1(b)(1): (1) A waiver of the visa required in paragraph (a) of this section shall be granted without fee or application by the district director, upon presentation of the child’s birth certificate, to a child born subsequent to the issuance of an immigrant visa to his or her accompanying parent who applies for admission during the validity of such a visa; or a child born during the temporary visit abroad of a mother who is a lawful permanent resident noncitizen, or a national, of the United States, provided that the child ‘s application for admission to the United States is made within 2 years of birth, the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is found to be admissible to the United States. 9 FAM 201.2-3 b(2) https://fam.state.gov/fam/09FAM/09FAM020102.html#M201_2_3 Child Born to an LPR: A child born of a Lawful Permanent Resident mother during a temporary visit abroad is not required to obtain an immigrant visa if (a) seeking admission within 2 years of birth; and (b) accompanied by either parent, who is applying for readmission upon first return after the birth of the child. The accompanying parent must be found admissible for the accompanying child to be eligible for admission without an immigrant visa.

As soon as the school terminated your sevis record, you are out of status meaning your I-20 is no longer valid (meaning D/S has ended). You dropped out of school violating the very purpose of F1 status. Your grace period to depart the US is 60 days after your status ends. Unlawful presence begins to accumulate after that. Easy case for a judge to slap side, so even if you were in US you'll have no recourse to stay.

Something is not making sense. Please help clarify below. Why did the case change from F3 to F4? How is F4 applicable to you? Did your sibling petition you in the past or something? Did USCIS 'reaffirm' petition due to humanitarian reinstatement? Did the petioner (under F3) die before or after the I130 was approved?

The I-134 affidavit of support is not enforceable so it won't be the mechanism for a legal fees responsibilities.

Correct, if ultimately green card gets approved. They should marry and file adjustment papers right away. Then foreign spouse will have authorized stay until adjustment is adjudicated. Good luck.

Yes

Marriage by itself does not confer any benefits. After marriage, they'll need to file I-130 + I-485 concurrently for the foreign spouse to be in a period of authorized stay. Forgiveness only happens after USCIS papers have been filed, so this step is very important otherwise foreign spouse becomes deportable if their status runs out.

Op, you and your son are in for a rude awakening when his priority date becomes current. Don't say you weren't warned here; trying to game the system is never a good idea. Good luck.

I know you said you are not widowed but had this been true you'll would actually have needed a death certificate and not a divorce decree.

Op, I will also recommend FOIA to get a copy of your naturalization file to support the 'mistake' on your cert with the I-565 filing + attorney help. Good luck.

OMG. You should have your certificate corrected immediately. You are sure you didn't check Widowed mistakenly on your N400 application? Didn't they ask you to review a copy of your certificate before the oath ceremony?

Adoption for immigration is not as simple as just adopting and applying for a US passport. There's more to it than that as Lil Bear points above. But to answer your question, no the children cannot apply for a US passport in Colombia because they don't automatically become US citizens through adoption abroad. They'll have to be admitted in the US with some type of visa depending which adoption track is taken. Then based on what visa type they are admitted in US with, they could become USC upon admission or will need to be LPR first and naturalize at some point.

Interested in how you'll answer this?

Are you going to list both your spouses on the I-130 as currently married to both?

Op, ask spouse to get a joint sponsor. Path of least resistance. Good luck.

If as a family you've discussed the pros and cons, then file away. Good luck.

Op, You must make sure to let the embassy know you are now a USC so family gets visa under the right visa categories which will also mean new I-130s for the children. If you hide this fact from the consulate and family enters the US under the wrong visa category, you'll be creating huge headache for your family in future when USCIS finds out at some point. Good luck.

To add to what OldUser said above. If you feeling adventurous you can DIY WoM yourself. Good luck.

Op, look into filing a WoM. Good luck.

https://gh.usembassy.gov/visas/immigrant-visas/ MPORTANT IMMIGRANT VISA UPDATE To improve the efficiency of immigrant visa processing, the U.S. Embassy in Accra is rolling out a new prescreening process. All applicants with immigrant visa interviews scheduled for September 16, 2024 and beyond will be required to attend a prescreening appointment 3-4 weeks in advance of their visa interview. In addition to their visa interview notification, applicants will receive a separate prescreening email notifying them of their prescreening date and all documents required. At the prescreening, a document review will be conducted, and applicants will be notified if they are missing any documents. Applicants will be instructed to obtain the missing documents in order to be fully prepared for their subsequent visa interviews. At the visa interview, consular officers will confirm whether applicants have attended their prescreening and if they have all required documents. Any applicants who did not attend their prescreening or do not have all required documents fully prepared will be required to reschedule their visa interview for a later date. Check the Q&A section in the link for additional details.

If your spouse is a USC they should petition for their mom anytime starting now using consular processing. Otherwise, mom is not eligible.

What case is this?

Wonderful. Congrats and thanks for the update.

This. Good advice from others on documents to use. The more the better. Good luck

Ok, great. So state on the DS-160 that you are married to match the I-129F application. And at the interview explain the circumstances like you did with USCIS. You have an unusual situation but it seems you have idea what needs to be done. Keep us informed. Good luck.