nastra30

Op, I don't think US citizenship can be passed down directly from grandparents to grandchildren. It's more like chain from US citizen grandparents through US citizen parent to child, where US citizen parent doesn't meet the required physical presence test but US citizen grandparents meets the required physical presence test. Therefore, expeditious naturalization or so called grandparents clause still requires child's parents to be US citizens.

Awesome you received your GCs. And thanks for updating us.

Reading between the lines, if your wife was not inside the US before turning 18 and living with the mom inside the US under the physical and legal custody of her mom, then she could not have automatically acquired citizenship. But to answer the question on the N400 why can't mom just give your the naturalization date on her naturalization certificate and just do simple calculation to determine whether she was below 18 or not. They are asking just to make your wife isn't already a citizen but based on what you've stated I don't think she's a citizen. However, it's also a tragedy mom didn't sponsor her when mom was a LPR. Good luck.

Ok. As Boiler pointed out above, you by not knowing back in 2023 saved yourself a lot of money by not filing the I-601 because your parents it seems won't have a qualifying relative for the waiver. Qualifying relative will be US based spouse or parents. They should continue to serve the ban till end of September and then they'll be in good position. Good luck.

What's current statuses on both USCIS website and CEAC?

@Steve777Good call by @OldUser. You need to withdrawithdraw I-130 and I-864. You need to act now.

Cases with March 2012 now have visas available. So priority date of April 2018 puts them at roughly 2031 to get visa numbers. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2025/visa-bulletin-for-february-2025.html Good luck

Op, based on what you've said. Your son is potentially exempted from I-864 since he'll become a citizen upon landing but he's 17 so that's close. In any case, you just need to file exemption using I864W exemption for your son. Also, you need nag the embassy to expedite interview so your son doesn't age out of automatic citizenship. When will son turn 18? Also, it's possible son is probably already citizen which will make CRBA appropriate. Please provide more details.

The service center address should be on the I130 receipt notice.

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.

@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.

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.

Just announced today. UK govt backtracks on visa-exempt countries from requiring ETA for airside transit. https://www.gov.uk/government/news/next-steps-for-a-more-efficient-immigration-system "The introduction of ETAs is in line with the approach to border security taken by many other countries, including the USA and Australia. However, following feedback from the aviation industry, the government has agreed a temporary exemption for passengers who transit airside, and therefore do not pass through UK border control. This move will primarily affect Heathrow and Manchester airports, as the only UK airports which currently offer transit facilities. The exemption will be kept under review."

Either you or your husband can file I-130 now or even both could if you wanted. Really depends how the two of you want to proceed. However you choose to proceed, get the ball rolling right now. Good luck.

Op, if you asking because you think the new UK ETA rules for US citizens and other visa-exempt countries also brought new rules for US LPR, then I'll say you are in luck. Currently, US LPR airside transiting through UK don't need transit visas; for now that will stay the same so I suspect you won't need a transit visa with your greencard (issued 1998+) if you won't be going through border control. Specifically for transiting through UK, GC holders have a better deal than USC ; US citizens will need ETA but GC holder wouldn't need ETA or transit visa. I guess the UK trusts that the US has throughly vetted GC holders and will share info with them regarding bad apples.