SteveInBostonI130

Age is frozen when the visa is available (when the PD is current) and the applicant seeks to acquire. The applicant (your child) will complete the seek to acquire but the visa number is not available. Therefore, the child keeps aging until the visa is available.

If you fill out your timeline, there will be a link to see others with a similar timeline.

This is incorrect information. CSPA does not "freeze" the age at the date of petition submission. CSPA allows for age adjustment while waiting for an immigration visa. Basically, the time it takes for USCIS to approve the I-130 is subtracted from the real age of the child. Example, "child" is 22 and 3 months when an immigration visa number is available. It took 2 yrs and 2 months for USCIS to approve the I-130. The CSPA age of the child is 20 years and 1 month, which is under 21, and therefore the child qualifies for the visa. OP, I assume your category is F2A? Oct 2024 visa bulletin shows November 2021 for PD dates for all areas except Mexico, which is March 2021. It will be 2-3 years before your child's PD becomes current, and therefore your child will age out and will be changed to F2B. This will add 5 years to the wait for all areas except Mexico and Philippines. For Mexico it will be an additional 16 years+, for the Philippines it will add 10+ years. Your child must remain unmarried. The only way to not age out is if you become a USC in the next month.

Yes, apply in the country you are living in. It does not stay Country of Citizenship. You are now living in Canada. Hence, apply for the Canadian Consulate.

There is always a chance CBP can deny entry. All you can do is answer any questions from CBP truthfully. Typically they will ask purpose of your visit, how long you intend to stay, and where you will stay in the US. I doubt they will ask you about your employment, but they might.

1. Ireland and rest of Europe is very easy for K1. USCIS and Dept of State are looking for cases of immigration fraud. The risk of fraud from EU is extremely low. 2. You will need the minimum requirements: US citizen petitioner, have met physically in the last 2 years, petitioner has no WAVA related criminal record, both are free to marry (single or divorced with proof of divorce) and have submitted signed statements that they intend to marry each other. 3. Make sure the I-129F is filled out correctly. Once the I-129F is approved, make sure that the DS-160 is filled out correctly. Get the medical and required documents (including a more recent statement of intent to marry each other), attend the interview, and get the visa.

Is this for a K1 visa? If so, refused for 5 years for administrative processing is highly unusual. It's time for your fiance to consider a writ of mandamus.

It was a post from about a year or two ago. I tried to find it by going through all the posts I've read in Adjusting from Student Visa, Visa Waiver and General Immigration forum topics with no luck.

There was a poster who tried to adjust status from her student visa. She married a US citizen, filed I-130 and I-485. USCIS denied her adjustment based on something from her entry to the US and what was told/discussed with CBP. I would not risk it, in OP's case.

According to your original post: Marriage: Sept 2021 I-130 Approved: March 2024 US Entry: May 2024 From the above dates, you were married 2 yrs and 8 months. She should have received a 10 year greencard.

Are you F2A or F2B?

Aside from general relationship advice, like meeting first, your case is not much different than any other case for CR1, except: 1. Morocco is a difficult embassy. You will need more proof of genuine relationship than typical 2. Fiance visas seem to get denied more often than spouse visas. I recommend getting married and go the spouse visa route. 3. It helps you are both Muslim. 4. If things work out and you do get married, remember that you will need separate petitions for everyone: one for your wife, one for your stepdaughter, one for your other stepdaughter. 3 petitions in total.

There are exemptions to the Public Charge rule for certain people, including certain Humanitarian Parole groups. However, Ukrainians are not listed in that group: https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-3 From what I have read, you do need to list the public benefits they have received. Certain benefits are not considered as grounds of inadmissibility. You will need to list all the benefits they received and USCIS will make the determination. Also, the I-485 will not be approved (once the public charge issue is resolved) until after the I-130 is approved. Please check the status of the I-130 for your parents. If the petitions are at NVC, you will need to request for it to be changed to Adjusting status and sent back to USCIS.

If pursuing the marriage route, I recommend the following in the specified order: 1. File for your FOIA and other paths/forms to try to clear up the N400 issue. 2. Use Utah Zoom Wedding to get married. 3. Travel to your significant other and spend the night together. This "consummates" the marriage in the eyes of USCIS. Without this your Utah Zoom Wedding is not recognized as a valid marriage. 4. Wait for the outcome of Item 1, above, and then file the I-130. Or (not recommended) file the I-130 the day after you consummated your marriage. 5. Finish the spouse visa process. 6. Your wife will enter as CR1 or IR1, depending on how long Item 1 and Item 5 take. If you file the I-130 before you visit your wife after the Utah Zoom Wedding, your petition will be denied. If you file the I-130 before you resolve your N400 issue, your petition may get denied or at the least will be delayed until you satisfy RFEs. Each denial will place a greater burden on subsequent I-130s. The best "chance" is to get all your evidence together for the first petition.

Others here are correct. I had forgotten that F2A is not current. It will take several years for the process. Sep 2024 visa bulletin shows 15Nov21 as the action date for F2A.

https://www.uscis.gov/family/family-of-us-citizens/visas-for-fiancees-of-us-citizens Under the "Permission for Work", it states the fiance can apply for work authorization via form I-765. It is implied that work is not authorized until the I-765 is approved. Remote work is allowed only with EAD.

The bottom of the IR1 visa should state "UPON ENDORSEMENT SERVES AS TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR." Opposite the visa page, or on another page, there should be an oval stamp with the words "Admitted XXX" where XXX is the port of entry. The stamp should also have the initials of the inspecting CBP officer and date of entry. This is the "endorsement".

And if you are wondering if the baby can be petitioned for immigration, that no. Not until the baby is officially adopted by MIL. Even then, the baby/child cannot travel with your MIL. Your MIL will have to enter the US with her IR5 visa and "activate" her I-551. Then she can petition the baby via I-130. This will take 1-2 years. Your MIL will need to maintain her permanent resident status throughout the process.

From the CBP website: https://www.help.cbp.gov/s/article/Article-1444?language=en_US#:~:text=In general%2C you should have,instructions printed on the bottle.

Typically 221(g) is a refusal of the visa due to the applicant not establishing eligibility. Its the official way to place him on Administrative Processing, for the embassy to perform background checks. For Pakistan, this means hiring a 3rd party investigation company to perform manual background checks.

1) USCIS will not send an email, unless you create an online USCIS account and also apply online. K1 is paper only and therefore doesn't use the online system. They also do not send a copy of the I-129F. 2) The I-129F petitioner will get an email from NVC when the petition is sent to the Embassy. 3) The embassy may send a scanned copy of the I-129F to the beneficiary as part of Packet 3. They do not send a certified duplicate. The scanned I-129F will have markings from USCIS that showed they have reviewed and approved it. 4) Why are you requesting a certified copy? The approved I-129F stays with the embassy until they issue a Fiance visa and then they archive it, or they do not approve a fiance visa and send the I-129F back to USCIS for post denial processing.

Packet 3 is sent to the visa applicant. In this case, the applicant is your fiance, the petition beneficiary. It looks like Ireland uses a 3rd party visa application site. Your fiance should get an email to create an account and apply/pay for the DS-160.

If your wife's concerns are that it will delay her becoming a US permanent resident, then your wife can attend the interview, get the visa, fly to the US, and then fly back to take care of your daughter. The CR1/IR1 visa in her passport becomes a temporary I-551 (green card) once it is endorsed when she gets processed through US Customs. If your wife is missing you and wants to be with you as soon as possible, then your plan to have her grandparents watch your stepdaughter would be best. It is odd that you used a Colombian immigration attorney/agency. They would not be able to represent you with USCIS unless they have the credentials to practice law in the US.

yes

No problem. If they ask about the I-130 at the border, explain the situation as you did. There's always a chance CBP can deny her entrance, but that's the case for every visit, whether married or not.