Redro

Generally the children enter the US with the parents or they are born in the US… OP’s fiancé(the child) is still in her home country and hasn’t completed the Ds160 or interviewed yet. So, I’ll be interested to see how this plays out…

There only legal option right now is to stop working and return home before they overstay. 1.) How well do you know your fiance? How much time have you spent with her? 2.) If you filed the I-129F petition for her 4-5 months ago... Her petition won't be approved for another 6 months (maybe sooner). Her interview won't be until next year. Maybe mid 2024. 3.) When she completes her DS160 she will have to indicate both parents are in the US (if they haven't returned). 4.) The IO might assume she is only marrying you to eventually get her parents status. 5.) She will probably only get the green card in 2025. So applying for citizenship will happen in 2028. Maybe she will only be able to petition them in 2029. I would make sure they are aware they will be staying in the US without status for very many years. They won't be able to return to their home country at all. And they don't know if the K1 visa interview will go smoothly. The daughter moving to the US and becoming a citizen is not a fast process. Also, you should make sure neither of them is claiming to be a US citizen...

We understand this…the question is did you apply for the I129F and say you were unmarried:single or did you apply for the I129f and state you had married leading to your denial… ?

The USCIS account really isn’t all that important… you can’t really do anything until you get the welcome letter from NVC (and you can apply for the visa)… hopefully you won’t receive any RFEs and things will be straightforward. Hoping you get approved soon…

Did you apply to have conditions removed last year…does he have his 10 yr green card yet? Did he update his address with USCIS when he moved?

You might have some issues because it is Manila... your fiance might get some pushback but maybe if she has a very strong personality she can forego all the vaccinations at the medical... It looks like St Luke's will not give your partner the Covid vaccine if she is adamant.

You are allowed to adjust status inside the US. There is a choice. From travel.state website: The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) citizen. This visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by having the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition. K-3 visa recipients subsequently apply to adjust status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) upon approval of the petition. Because the spouse of a U.S. citizen applying for a nonimmigrant K-3 visa must have a immigrant visa petition filed on his or her behalf by his or her U.S. citizen spouse and pending approval, a K-3 applicant must meet some of the requirements of an immigrant visa. It should be noted that under U.S. immigration law, a foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place. Learn more in the Applying for a Visa section below.

Be aware very few K3s are approved… so, you’re looking at either 1.) I130 being approved a month or 2.) after the K3 is filed NOTHING. . . I-130 is approved in the normal processing time.

Which country is your fiancé from?

You appear to be in a similar situation as @mindthegap... You should read his posts. Did you withdraw the N400 application? Did you apply for another I751 in 2019 or did you amend the application? Same question for 2021: Did you amend the 2019 application or did you file a new application in 2021? Have any of your I751s been denied or are they all pending? Three I751 2017/2019/2022? Or is it just 1 where you sent in additional evidence?

Is this an existing F1? Or would the person be reapplying for a new F1? And does the person have the intention of actually studying in the US or are they just using the visa to be with the USC while they are waiting out the process?

Under what grounds was he granted asylum? Depending on the documentation he currently has. This could slow down the process. (Does he have a birth certificate, valid passport, police records?) As you are together in Europe- I suggest you get married to each other. If it is difficult for whatever reason to get married in the current country you are in together. You can get married via Utah. Then you can petition him... You can look at the U4U might not be an option if you currently are not employed (in the US). You might be able to file DCF after you marry (depending on the country you are currently in).

When did you file the I-130? Have you filed it yet? You can only file the I-129F (K3) with receipt of I-130. These days, no one files the K3 to have the spouse come over to the US quicker to adjust status. Instead they file it to get the I-130 approved quicker. It might help. It might not. But, it does create more work for USCIS... in my mind... you are slowing the entire process (for everyone) down.

He probably he about 1 year from the request before the NVC application expires. The approved I-130 should never expire though... But, the son should move to the US now. Move to your home/city and set up a bank account, get a job... all the things suggested in the previous thread. The son should stay in the US. If he returns to Brazil for whatever reason he should make sure to re-enter the US either before his father or with his father.

No legal fee until they recover support!

Second question: who told you this? And I believe you can always send in another I765 With copy of I485 receipt. The I765 receipt is for your wife or stepson?

Did you file the I765 for your stepson?

@Skye841 please provide the source for "allowed to drive for 12 months" on your own country's license. International driving permit is generally just a translation of the license from your own country. Most people from countries that issue English language DLs do not have to obtain the IPD if they want to drive (as tourists) in quite a few states. And think about your language "once you move to the US"- when you move you are setting up residency. Generally, most people are able to obtain proof of residency in about 30-60 days. Unfortunately, K1 visa holders are in a weird space where they have authorized stay but they do not have the documentation to show they are residents. This is the drawback of deciding to wait for the green card inside the US as opposed to waiting for the immigrant visa outside the US.

You've already told them. You would have written the address on the DS260. Similar to whether or not you elected to have an SSN sent to your wife on the DS260. They will also confirm the address when your wife enters the US and goes through secondary.

One question: who informed the divorce lawyers about the affidavit of support? Was it you or your ex-wife? And the 2k and 250K payout is all you gave her? And this was (supposedly) based on the I864 because you had a pretty tight pre-nup? I'm looking forward to hearing what your divorce paperwork says... but I am also wondering how your wife reports the money you give her on her taxes...

Your wife should receive the physical green card about a month to three months after she enters the US (if she has paid the fee- instructions should be on a pamphlet they gave her).

Seems like your mom received quite a few RFEs. One to redo biometrics and another for the birth certificate. They probably just want her to come in to verify her identity. Go to the interview with her. Answer the questions.

So, you should probably find the paperwork you signed. That will probably answer your question…. If you agreed to 10 years support in the divorce settlement it will probably end 10 years after the first payment. Or maybe 10 years after the $250k. Maybe your lawyer has a stipulation that it will end if she remarries… who knows? Probably your ex, and the lawyers you used… it might also be based on California law… I know California is more expensive than other states but the I864 doesn’t acknowledge that difference: https://www.uscis.gov/i-864p Only Alaska and Hawaii require a higher level of support.

There is currently no cost for the I-765 and the I-131 if filing the I-485. https://www.uscis.gov/sites/default/files/document/forms/i-765instr.pdf (p.24) If your son already has an SSN you do not have to complete the form. But, if you would like your son to receive an SSN sooner you should complete this form.

Are you applying for a spousal visa through consulate or will the spouse adjust status in the US?