Mike E

When you hired on, what I-9 documents did you show?

More like 15 years. The Biden administration is granting parole and work authorization (think of it as DACA on steroids) to some immigration applicants from some countries. This allows applicants to wait in the U.S. for their turn in the line to get green card. See https://www.uscis.gov/FRP I expect this is will be expanded, then paused (but not revoked) when there is a GOP president and resumed and expanded when there is a Democrat president. So by filing now, you will give your son at chance at parole into the U.S. before the 15 years. This does put extra pressure on you to keep your email address stable, get a stable mailing address, notify uscis of address changes, and stay healthy. If applicable, stop smoking, lose weight, exercise more, wear seat belts, etc.

This one. Print it to paper and PDF whole you can. Print both to paper and PDF while you can. Online I-94s and travel records tend to decay over time.

The timeline shows he waited 5 years for this. When the visa is in hand he should take the first flight available. Use https://www.iatatravelcentre.com to verify that his immigration visa grants him a transit visa waiver for the itinerary, and then go. I have seen too many cases where the consulate withdraws the visa after approval. Once he enters the U.S. on his IR-1, it is either too late to withdraw, or he has the benefit of Due Process to fight the State department.

Hoof beats, horses, zebras. Most people who over stay since age 4 are not inclined to both depart the U.S. and try to enter. If DoS is fishing for an Entry Without Inspection, that sets a new standard in the absurd.

You can file I-130 for him. Because he is over age 21, his immigration category is not eligible for I-485. Once you file I-130, he would wise to stay in the U.S. until his schooling is complete.

My questions were in response to: Without knowing the answers to my question I cannot definitely answer your question. In particular you do not known if you are willing to be candid with the ISO at any I-751 interview, given your answer to, Is: “I don't even know” That is not a reasonable answer. You might be in too much distress now to think clearly. I suggest coming back in to this in a couple weeks unless your spouse files for divorce before then.

OK. You might be in the clear then. At the risk of digression, imagine if the U.S. and a foreign country each had an effective rate tax of 51 percent on your income. If you could not claim the foreign tax credit, and earned say $1000, 1000 - 510 = $490, and you would owe $510 to the IRS, leaving a hole of $20. Absurd. Despite being US resident, I claim a foreign income tax credit on most of my domestic mutual funds, because a portion of their income is taxed in other countries, because most large cap U.S. companies have foreign operations. When they pay dividends, they report foreign income paid on their profits. See https://www.irs.gov/pub/irs-pdf/f1099div.pdf box 7.

Unfit for higher office

Most likely

We will see how what USCIS decides when it sees tax return(s) with a foreign tax credit for all of OP’s earned income.

Congrats. CBP broke several laws that day.

Good. This means no I-751 for your wife, and you will not have to unnecessarily entangle your son in her I-751. yes, I agree. Yes. By the time your son enters the U.S. with an IR-2 visa, the legal custody requirement will be met, and he will be a U.S. citizen, 3 years ahead of mom.

Generally no. USCIS will know anyway, no matter how you answer. If you lie, game over.

This is fine provided your son was under age 18 when you married his mother. The FAM specifically addresses this issue: https://fam.state.gov/FAM/09FAM/09FAM050203.html f. (U) Adoptive Stepchildren (IR2 Adopted Child): (1) (U) A stepparent is not required to adopt their stepchild for a Form I-130 or Form I-730 to be approved. If the parent and stepparent married before the child's 18th birthday, the stepparent/stepchild relationship can be a basis for approving a Form I-130 or Form I-730. The above goes on to say: However, the child must have been adopted by the stepparent and meet the age, legal custody, and joint residence requirements of INA 101(b)(1)(E) and the requirements in 9 FAM 502.3-2(b) before the individual can be the adopting stepparent's "child" for purposes of naturalization under INA 320 or INA 322. So if by the time you get to NVC processing you have clocked 2 years of physical custody, your son will automatically be a U.S. citizen provided he is under 18 when he enters on his IR-2 visa. So you: * file I-864W for him * not pay the immigrant fee to get him a green card provided you are willing and able to file for his U.S. passports and certificate of citizenship. If you will clock 2 years of physical custody within a year of him entering the U.S., you: * file I-864 for him * not pay the immigrant fee to get him a green card provided you are willing and able to file for his U.S. passports and certificate of citizenship. If you will clock 2 years of physical custody a year or more after him entering the U.S., you: * file I-864 for him * pay the immigrant fee to get him a green card. Hopefully after 2 years of physical custody, you are willing and able to file for his U.S. passports and certificate of citizenship. If not, then for the sake of your son, please do not bring him to the U.S., condemned to live his life in legal limbo until after he reaches age 18. Some of these people are destitute now as adults, because they cannot get papers. For how many years have your wife and you been married?

You can file taxes jointly Easier to get health insurance, open a bank account, get a credit card, get state ID/DL. All the things you take for granted as a U.S. citizen with an SSN are sometimes denied to people without SSNs. It takes a 30 minutes at the SSA office to apply. What makes you certain I-485 will be approved before April 15, 2024?

Go here to pay for your GC after the visa is in hand: https://www.uscis.gov/forms/filing-fees/uscis-immigrant-fee

I never said otherwise. You will have to convince USCIS you work in the U.S.

Employer has a foreign address. Of course it can be a problem.

1. Is he willing to A. delay filing for divorce until after your I-751 is approved? B. continue to live with you until I-751 is approved? C. Attend an I-751 interview with you? 2. Are you willing to tell the ISO at your interview that the marriage is unlikely to survive?

So the visas will expire March 21, 2024, and the 2 year wedding anniversary is March 11, 2024. Easy choice, you, Dad and his kids walk into the U.S. from Hidalgo on March 12, 2024, and you drive them home. Suffice to say I do not believe innocent children should be held hostage by the failure of the parents to file a proper I-751 or their failure to maintain a bonafide marital union after point entry. Kids should always get 10 year GCs. Anything less is horrible. As I noted before, I am out of this thread until the beneficiaries start posting.

This was a TIL moment for me. I never thought Canadian PR carried any weight with DoS or DHS.

You were married March 11, 2022, your interview will be September 26, 2023. 1. when was the medical? 2. to whom am I replying to? The petitioner or the beneficiary? In addition there are kids involved. There are too many tragedies when kids get caught up in I-751 debacles

Yes

This happened to me with every I-865 I filed. The first time is a USCIS mistake: The second time means the I in USCIS stands for idiot. The third time means the C in USCIS stands for criminal. I did my part. I have no time in my limited longevity to get USCIS to be a competent agency instead of the disgusting and useless circus act it is. Let it go.