Redro

The question is: How long will OP need care in the US? Less than 6 months? Less than a year or will OP need to stay in the US for 1+ years? If over a year, maybe it is better to apply for spousal visa and look to see if they can DCF? I can see why the tourist visa was denied if the required length of stay was not clear.

when would you like to move to the US? from this correspondence sounds like once you pay the fee the clock starts BUT… you can draw it out and submit paperwork every few months to keep the case active…

Good luck with the application. The overstay won’t matter as the bar has long since expired ( I believe it’s 10 years). You might have misrep on your record so, I would consult with a lawyer and explain the situation to see if filing for the mother will lead to any issues - due to her unclear marital status. Figure out if she is married or not before filing the I-130.

Mother has to list if she is single, married divorced etc on I-130 application. She will also have to list any (legal) names she has used in the past. when she completes the DS260 she will have to list her current spouse and/ or previous spouses. If she listed her husband in a previous visa application she cannot omit that because her husband “wants to be left out”… If you want your mother to move to the US you will have to be truthful and submit all civil documents necessary…I believe this includes all marriage certificates, divorce certificates and/or proof of marriage termination.

Well, they accepted the updated i864 using assets but you included the real estate. I’m thinking if you had first given them an updated i864 with latest bank statements you would have been approved. Your OP is a little misleading… I think the advice is to make sure you bring updated bank account details to interview and not rely on the statements you uploaded at NVC stage…

Unfortunately (but maybe fortunately for you) , the process isn’t that fast. The first step (filing the petition) can take up to one year. Then the file goes to NVC where your spouse applies for the visa. At this stage, you will have to provide documentation showing you plan to live and work in the US. When do you plan on completing your studies? several applicants from Iran have had issues with extended AP after the interview. I would plan for 2-3 years after filing I-130 before your partner will be able to move to the US.

Was the first I-864 updated or was it the one you uploaded to CEAC? Question restated: did you bring in 3 new affidavits of support or two (joint sponsor and the one including real estate)?

Are the assets in the US bank account or an Australian bank account? We used assets in a US account and made sure to include the proof of transactions from our Korean accounts so there was no doubt the money was ours. This meant it didn't matter that another name was on the bank account as the CO could see the money came from us and was not a gift to get us over the affidavit of support issue. What other type of proof to re-establish domicile does your wife have? If it is just the bank account from when she was a kid and she hasn't been to the US in several year you might have an issue there.

FYI: You can do all the research in the world. You can hear and read anecdotal horror and success stories. . . BUT It is all about your comfort level with risk. I always read the airport I enter at (DTW/Detroit) was very unfriendly but I never had an issue and I was never taken to secondary when I visited my boyfriend and then my husband. When I finally entered on my immigrant visa the CBP officer assumed I had been in secondary on every.single.visit... so really no one can tell you what will happen. It really depends on the person and the day and chance. I repeat... you can do all the research in the world but it is all about your comfort level with risk.

Aaah… you can open this. This is not the envelope they talk about https://www.google.com/search?rlz=1C9BKJA_enKR961KR961&hl=en-US&q=us+immigrant+visa+sealed+envelope&tbm=isch&sa=X&ved=2ahUKEwib_JPi7vz8AhVnkWoFHQ8uCQYQ0pQJegQICBAB&biw=1080&bih=691&dpr=2#imgrc=j-sCP9sdCF5flM

Is it an envelope with a cut on the corner or the actual DHL envelope? Because if it is the latter, you can open it. I'm fairly sure they've gone electronic in Mexico, too. But, better to call the embassy and double check if you are worried.

Not if you clear up all your business in Canada with no intention of returning. You only have to fly into the US once (when you activate the visa). You can drive into the US for the subsequent trips. But, why do you need 3 flights?

Just cross the border and then go see your spouse for a few days. Don't volunteer information you don't have to... I think another red flag in the case you mentioned was she crossed the border but was driving a rental car from Canada when the USC spouse was supposed to be in Florida.

Where is your spouse? In Canada or the US? IMO, their case was special as the USC spouse did not have primary residence in the US (they had no home and the Canadian in question couldn't provide an address for the GC to be sent) and they had a permanent home and jobs based out of Canada (the beneficiary had not quit her job before trying to activate the visa). She also waited until the visa had almost expired to activate the visa. You'll probably be okay, as someone a few days after attempted the same thing- activating the visa before going back to Canada to tie up loose ends. I would try to cross sooner rather than later. FYI, my SSN arrived a week or so after I entered the US and I was able to secure a job 2 weeks after arrival. My GC took a month or so to arrive but I was able to use the visa in my passport as the temporary GC.

Congrats on your approval! Is the passport in the envelope or is this a separate envelope to the passport? If you need to open the envelope to get the passport open envelope. If it is separate, keep it closed. But in my case, everything was electronic and I didn't have a separate package.

Sister will be F4. Brothers and Sisters of Adult US citizens. You can follow the visa bulletin here. Oldest daughter will definitely age out. Currently they are working on petitions filed in 2007.

I-864 needs WET INK signature, too… so printing it out is required before uploading to CEAC portal. I praise this issue with the form 😅

This is what we did. And our first I-864 was accepted with no issues.

Is she planning on staying with you? She might have issues convincing the IO this is not a sex trafficking situation. She is planning on traveling to the US to stay with a man she has never met AND he is paying for everything! Would you greenlight this scenario? If you think this woman is worth it, I would get together some PTO or take unpaid leave and meet her either in Philippines or a third country. ETA: what happened to the trip you were planning for November, 2022. Did you go?

You will probably be okay for the visit in March if you choose to go. But, the visit in May *might* raise some flags. No one can tell you and it really does depend on the CBP you encounter. Are you comfortable with the thought of going to secondary and having to prove ties to your home country if you are pulled in for questioning? I believe people from ESTA countries have an easier time entering than B2 visa visitors but really is all up to border control when you arrive. If you are denied on one of your trips the only issue would be the inability to travel to the US while you wait for your visa? Depending on your tolerance, would you feel better spacing out your trips a little more- a trip in March and then a trip in September? Are you wanting to book your travel now for both trips or do you think maybe choose one or the other and then wait another 6 months before visiting again? Unfortunately, no one can tell you what will happen but others will tell you they successfully visited several times while waiting for their immigrant visa.

What was the AP for? Did they request additional documentation?

Do you think it is fair to spring a surprise like this on your life partner? ask her to stay in the US without a job (and depending on the state) no drivers license or any type of independence for up to THIRTEEN MONTHS? (One poster on the forum has still not received the ability to work while goi g through AOS process and at about month 8 they were thinking of going home.) If you want a successful relationship, you should discuss your plans for the next 1-3 years and not spring surprises on them. Propose and then discuss if you want to got the K1 or CR1 route. Don’t propose and expect your partner to not return to her life in Mexico for 2-3 years.

Are they looking for proof of domicile for you the petitioner or your joint sponsor? this poster went through something similar maybe you can get some additional ideas to show proof to establish domicile.

What plans have you made to return to the US? have you looked for a job, have you looked for schools or housing? Have you created a US bank account? I might be wrong but you might have to return to the US before your spouse gets their visa to show you intend to move with them.

You should check out the NVC forum to answer those questions. You can find it on the home page. You can either add your country to your profile and then click on that (as you can see my country is South Korea). Or you can go to the top of the page and click on PORTALS and then choose your country.