Redro

I would submit evidence relating to child needing to be in the care of his mother. maybe a doctors note attesting to the fact? Also, a letter explaining the situation. Along with birth certificate.

You and your family are in my thoughts. good luck!

So, what is your plan for your wife if your baby’s I130 is not expedited? your wife’s visa will expire 6 months after her medical and she needs to enter the U.S. Do you have someone to look after your child while you are both in the US?

Your wife was approved for her immigrant visa? Or your child’s DCF/ I130 was approved?

@fluffy_bunny also be aware that deciding to adjust status from a tourist visa could impact your family members back in your home country and they might not be allowed to obtain tourist visas as a result of this decision to adjust status. Something to consider if you want your parents or siblings to be able to travel to the US to support you for any reason. I’ve seen this situation occur more frequently over the last year. If they already have tourist visas and have traveled to the U.S. frequently it shouldn’t be an issue. Aside from that- get married, file for adjustment and as you will more than likely file after April 1st you will have to pay additional fees for work and travel. Good luck! I wish you a speedy approval.

It will be about 1 year maybe more until your children receive their visas. USCIS/ NVC will say you could have delayed your mother’s case/ interview if you had no one to look after them. Mom can come to the US to activate her visa then she can return to look after your children. She will have to return to the US before she is out do the country for 6 months. Or she can file I131 to allow her to stay outside the US for up to 2 years. Many people have the same issue as you… unfortunately USCIS does not care that your children are minors. They have to wait for their petition to be processed just like everyone else.

Only after I130 is approved will you have to submit I864. Don’t worry as long as you submitted I130 and I130a you’ll be okay. ( we went through Seoul)

Are you going through a consulate or are you both in the US?

@Jessica A Another UK/US couple who lived together all the way up to interview:

Has the name change occurred already (with the corrected birth certificate) or will it occur in the future? If it occurs in the future, you only need to inform them during the next step (DS260). Currently, just write all names used as of the day you submit the I-130. USCIS is probably not going to link the CRBA application with the I-130 petition just yet. Although, I am assuming the information about your wife's birth parents is different for the CRBA application vs the I-130 application. Am I understanding the situation correctly?

The consulate is the UK correct? Apologies, I totally skipped over the assets section in your first post. We used assets for our I864 so I know it can be done. Good luck!

Husband will have to file at least the last 3 years of taxes (for immigration). BUT, He should also file streamlined and that will resolve his compliancy issues with the us govenrment- google streamlined tax filings. He should also research FATCA and FBARS. He can do that now while you wait for the I-130 to be approved- as this first step will take around a year and he does not have to move back to the US while the I-130 is pending. This question comes up alot- especially from the UK. Here is a recent thread asking a similar question: @Crazy Cat and other mods... we should probably choose a good post or compile some posts for the oft asked "I live overseas, do I have to move back to the US before I file the I-130 petition?"

I would send 2- 3 versions of I864. First: new job with details of income that is about to start. Second: new job and asset information third: joint sponsor I864 there is no point in submitting an I864 where you don’t qualify if you’re not also submitting a joint sponsor. Only submit documentation that shows you are qualified. Which consulate are you going through?

Good luck! Please tell us how it works out. When I was searching for other threads on VJ people asked the question but never gave us a follow up.

Some consulates request the most recent tax returns when the interview is after April 15- even when the case has been DQ’ed before April 15. I won’t say why some request it and others don’t… but if they want to delay the case that’s one of their tactics. You can probably submit a request for extension in the event they request your 2023 taxes.

I remember a few months back a user was having issues filing an amended return. They wanted to get the refund they believed was owed to them but the IRS wasn't having it. They also owed taxes so that complicated the issue. @bck86 has the interview been scheduled or are you still waiting for the interview date? Some consulates can be tricky and request to see 2023 taxes at interview when the interview happens after April 15. So, I would do option 2 you suggested in your post. Go to Thailand and file MFJ there. This way you will have proof you filed taxes in case the consulate requests it.

I might be confusing the need for sobriety with immigrant visas no tourist visas- as generally DUIs (plural) in the eyes of the US immigration is seen as having a substance abuse problem. In those cases IV applicants generally have to show they were sober for 1 year to obtain the immigrant visa. I'm assuming you applied for an ESTA and were rejected? Without knowing more you can read the experience of a poster in a similar situation: I would go to the medical, be honest about your drinking and see what happens. Hopefully, you will not be deemed an abuser and you'll be able to go to Disneyland.

@Felipe72 is your wife adjusting status or is she going through consulate? And have you filed the I130 already and at NVC? Or you are waiting to file I130 because of birth certificate issue?

Canadians don’t have to interview to visit the U.S.

@Reynal2m most lawyers and form preparers want to take on the entire case. They aren’t interested in just reviewing the forms and they will have to double check and confirm the information you inputted which means it will take as much work as just reviewing the form. Your partner could probably find a free service in their city to double check the submission. Hacking does not review forms on his YouTube show though. So I would not call in to double check your answers are correct. ETA: Usually what happens with lawyers and form preparers is that you provide them the information, they complete the forms and put together the package then YOU review the final package for accuracy/ any mistakes.

I think she is contractually obligated to be on…

Which country did you interview in? Do you have evidence of sobriety or are you still drinking?

The day BEFORE you arrive or the day AFTER? It will probably take at least a month to transfer the case depending on the consulate you want to transfer to… it could be more. You can always go to the interview then your medical and then get your visa. Or you can reschedule your appointment in Australia. How long do you plan to be in Australia for?

He is on every day during Ramadan

The stamp in your passport acts as a green card for 1 year. You should receive your GC by day 90… if you paid the fee they told you about at your interview. There were instructions to go to USCIS. Did you pay the fee after interview?