SteveInBostonI130

I do not believe it is possible for you to immigrate as her spouse. From my understanding, you would have to have been married and listed as her spouse when her employer filled out and submitted the I-140. I will defer to others who are more experienced in E visas.

It is time for your petitioner to contact his/her senator or congressman. 3 years to wait for an interview is too long.

That is a pretty old article. 2019. Also, the headline is very misleading. The "skyrocketing denials" were actually refusals if you read the 8th paragraph. The vast majority were delayed while they lined up a more qualified joint sponsor, versus being outright denied.

I have not seen or read about outright denials for sponsors not being qualified. All were given a chance to submit joint sponsors.

Yes, those are the correct category codes for immediate relative and family preference visas.

What is your PD?

Assuming she has been an LPR for 5 or more years, file the N400 online under the 5 year rule. Much simpler than filing under the 3 year rule. She should study for the exam - there are practice questions available online.

One 6 month visit every few years should not be an issue. Two or more 6 month visits with only a few weeks or couple months in-between will be an issue.

1) Did USCIS approve the I-129F? If yes, 2) What you put down on the DS-160 for the K1 interview. Did you state you were married or did you state you were single? It all depends on what you submitted on the DS-160. If you were honest then the CO rightly denied your K1 visa because you were married. If you stated you were single, and also if you submitted a letter stating you were single and intended to marry after getting the K1 visa, then you face misrepresentation. If just USCIS denied the I-129F, then you may be ok, as long as you did not submit a signed letter stating that you were single and will marry when you get the K1.

i would think the person with the best information is the doctor.

You said "work visa to the US" - does this mean she is currently not in the US? If yes, she cannot plan to file I-485. Is this the same person that's from Ipanema?

All you need is 1 local leader or checkpoint commander who thinks having an American hostage is an excellent bargaining tool for things to get bad very fast.

Sent to NVC 6/15. Give it a few weeks.

Hm, first time seeing this. Typically USCIS will contact DOJ directly for the background checks and therefore PCC for the US is not required. Is the California program for visas for other countries? Or is it to help speed up processing? I have heard a part of the delays in I-129F or I-130 processing is due to delays in getting the report back from DOJ.

Is his PD current?

Speed.

Applying for the I-130 means petitioning her for a spouse visa, which would mean consular visa processing in your case, as you described previously. I-485 is for adjusting status. Did the State department tell you to tell CBP that she will attempt to adjust status?

Filing the I-130 is not an issue. There is no bar on filing a family based immigration petition. Filing the I-485 could be an issue depending on what CBP asked and what she told CBP about her intent to adjust status. You being a public charge will require a well qualified joint sponsor, and that is about it. She will need work authorization, EAD, to work. This can take up to 8 months to process. You cannot "apply in person". I-130 is filed by you. I-485 is filed by your wife (along with I-765 and I-131), and I-864 by you and another I-864 by her joint sponsor. There is a fee waiver form, but it's based on certain specifics, like asylum or country specific Acts. More information here: https://www.uscis.gov/i-912 I don't know of any lawyer that would take this case for less than $thousand(s). There are community resources from churches and such, but they mostly help with asylum and similar cases. You can file anytime. The risk is if you file after her I-94 expires, she can be deported or held in immigration enforcement at anytime (there was a poster who was jailed after a traffic accident when police checked her status - she was only a week or so "late" in filing the I-485 and was planning to do so that week).

I learned something new

Petition them for IR5 visas. "sponsoring for green cards" sounds like you or they are planning to adjust status.

That is not how passports work, at least not US passports. If you are a US citizen, you are entitled to a US passport. Taxes, no taxes, even criminal convictions do not affect the passport. As a USC, you and your children can travel to the US anytime you want, now and in the future.

The stage after I-130 is the NVC stage, not I-485. From what you described, you're father's conviction may make him inadmissible, especially if the sentence was more that 1 year in jail. You will need to wait for the determination at the consular interview. If he is found inadmissible, you can file the I-601 waiver. That process is an additional 1-2 years. Note: you cannot file the I-601 ahead of time. You have to file it after he has been found inadmissible. If it does come to this, I strongly recommend consulting a lawyer. https://www.uscis.gov/i-601

There is no I-485 stage for consular processing. You should file the I-130 for your father, category IR5. Your mom may have issues showing proof of US domicile, which is one of the requirements. Total processing time is about 2 years. There have been reports of recent I-130s getting approved in 90 days, which would make the overall process 6-8 months.

The marriage certificate will show the marriage date is after the date claimed on the application. USCIS will more than likely ask for the first marriage certificate. There is no out of this predicament, from what I have seen.

This has come up a few times. The beneficiary stated in their DS-160 or DS-260 that they are married and get denied. Years later, they meet someone and file for K1 or CR1. USCIS asks for the divorce certificate of the marriage that was claimed in the previous application. These posts go silent after a few posts. I have never seen the poster return with an update on successfully responding to USCIS.