Chancy

For employment purposes, all that matters is that you have EAD. You are an EAD holder, authorized to work. Not a mistake. Being married to a US citizen or LPR gives you the option of filing federal taxes MFJ, regardless of your immigration status. As far as IRS is concerned, you are a US resident for tax purposes, no matter what your status actually is in USCIS records. Reference: https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

*** Merged related threads. Please post your questions/updates related to this topic in this thread to keep the discussion in one place. ***

*** Moved from IR1/CR1 Process & Procedures to IR1/CR1 Progress Reports, to be among other threads about wait time estimates ***

*** Moved from IR1/CR1 Process & Procedures to Working & Traveling During US Immigration -- topic is about international travel with expired conditional GC *** I recommend postponing your trip until after you get the extension letter from filing I-751.

Oh, your case also involves misrepresentation. Definitely not DIY. You do need to consult a competent US immigration lawyer.

*** Moved from Bringing Family of LPR forum to Bringing Family of USC forum, where topics about IR5 and F3 cases are discussed *** Your use of the term "change status" might be confusing. "Change of status" usually refers to a specific process to change from one non-immigrant status to another non-immigrant status. Both IR5 and F3 are immigrant statuses, so change of status does not apply. Also, there's no process to change directly from IR5 to F3 visa category, as that would mean your daughter (IR5 petitioner) changed into your mother (F3 petitioner), which would be impossible. Maybe your lawyer means than you should complete the IR5 process, then enter the US to become an LPR and stay while waiting for the F3 interview schedule. Once you have the F3 appointment, leave the US and formally abandon your LPR status by filing I-407. Then complete the F3 process. I highly doubt the consulate will let you apply for F3 visa while being an LPR, so I-407 would be required. Sounds possible, but no idea if it will actually work. The key point here is whether the consulate will keep your F3 case alive even after your IR5 case has been approved. Regardless, I'm with @Crazy Cat and @Boiler on this one -- why complicate the process when F3 is current anyway? You're just waiting for an interview schedule now.

Do you mean that your fiance is a green card holder, not a US citizen? If so, your visa process will be F2A, not CR1. CR1 is only for spouses of US citizens.

Check the Department of State's immigrant visa process flow here -- https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html I-864 and its supporting documents are listed under steps 4 & 5, which are after I-130 petition approval.

Nope. Don't worry about the barcode. Just make sure that the I-864 scan that you upload to CEAC has the barcode at the bottom and is not cropped out.

Just a reminder to still print the PDF. I know the airport staff accepts e-tickets, no need for paper copies. But I don't know if it's the same with the BI officer and CFO certificates. Best to present a print-out.

The visa expiry date will be tied to the medical result date, regardless of the visa issue date. Visa medical validity is 6 months (maximum). So it's possible for the visa to have only a few weeks or even a few days validity. In my case, my interview had to be re-scheduled months after my medical, so the expiry date listed on my spouse visa was only 1.5 months from the date it was issued.

I think you mean removal of conditions (ROC), not adjustment of status (AOS). No AOS required for those with CR1 visa. ROC will be required if entering the US before 2nd wedding anniversary. If you enter the US after your 2nd anniversary, no ROC required, even if you have a CR1 visa. What matters is the date of US entry vs the wedding date, not the type of spouse visa in the passport.

You need to prove that you have been physically located in the US for at least 5 years (with at least 2 years after you turned 14) before your child was born. Only the CO adjudicating the CRBA application will be able to tell you if the evidence documents you have is enough. None of us here on VJ can tell you for certain if your evidence is enough. That's why you should collect and present as many documents as you can. The CRBA info page I linked earlier lists examples of physical presence evidence that the consulate may consider.

What is your case status on CEAC? https://ceac.state.gov/CEACStatTracker/Status.aspx?App=IV

Even if you live in the US, it might take time to collect all the evidence documents you might need (like school records) to prove your US physical presence for the CRBA application. For CRBA, it's a good idea to provide as many pieces of physical presence evidence as you can. Hence the advice to start collecting those documents ASAP.

I think Boiler meant for Mexico cases. OP's wife will interview in Mexico where cases typically take around 2+ years from petition filing to visa on hand. Unfortunately for them, the wait time for interview there is much longer than it is at the UK.

It's ok to use your foreign address as your current physical address on your I-864 and your spouse's DS-260. Your mailing address can be any US address where you can reliably get your paper mail. There's always a chance that USCIS address change will not work for your spouse after US entry, so if you are ok with their GC and SSN card being sent to your friend's address, then list that as your mailing address. Also, on the I-864, list "USA" as your "Country of Domicile", even if you list a foreign address as your physical address. Just make sure to upload your US domicile evidence to CEAC. No need for your mailing address to match your current physical address nor your future intended address. Also at NVC stage, no need for the addresses on your domicile evidence documents to match the addresses listed on the I-864 and DS-260 forms. You are allowed to move addresses during your spouse's visa process. That said, you or your spouse should be prepared to explain your domicile situation to the CO at the visa interview. Seems like you already have that covered.

I agree with @Dashinka. File the I-130 ASAP, listing your married name. List your maiden name (and any other names you may have used) under the "Other Names Used" section. Then you have around a year or so to get a new German passport in your married name. If for some reason you are unable to get a passport in your married name at the time of your interview, the consulate will not hold it against you for listing your married name on the I-130. They will print the visa with whatever name is listed on the passport you submit at the interview.

*** Moved from US Citizenship Progress Reports to General Discussion ***

*** Moved from US Citizenship Progress Reports to General Discussion ***

It depends on the consulate. For some consulates (like Manila), it's ok to pay the MRV fee and schedule the interview once CEAC status turns "Ready". No need to wait for email instructions. Other consulates will not allow the applicant to schedule the interview before they email the official notification to do so. Still others (like Casablanca) do not allow the applicant to schedule the interview themselves at all. They have to wait for the consulate to send them the interview schedule. I don't know the procedure at your consulate.

Is the Russian beneficiary a resident of Serbia? Many VJ members in the RUB regional forum are desperately looking for US consulates that may accept case transfer for their Russian beneficiaries, so your friend's case might be helpful to them.

Do you mean adding your child's info to your wife's visa case? If your child is born before the I-130 for your wife is approved, your child must be listed in your wife's DS-260 form at NVC stage. You will also need to include your child in the count for your household size in your I-864 form. If your child is born after your wife's case has already been DQ at NVC, just upload a new I-864 with an updated household size. Because your child will be a USC, it won't make much difference whether your child's info is added on the day of, or 100 days before your wife's interview. Your wife can just show up to her visa interview with an updated I-864 and your child's CRBA.

Here's an IR1 case from earlier this year. Wait time for IL seems to be around 1 to 2 months from DQ --

*** Moved from K1 Process & Procedures to K1 Progress Reports ***