Chancy

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They assume you would want to stay, because it's their job to do so. The presumption of immigrant intent of all non-immigrant visa applicants is required by US immigration law. It applies to you, even if you were previously granted a B visa and even if you now have PR in Canada. Refer to INA Section 214(b) -- https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-denials.html

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Assuming you have the qualifications, you may apply for TN visa/status, even with a pending I-130 for F2A. But no one here can tell for certain if you will be approved. You will just have to try.

To apply for medical B visa, the applicant would have to show documentation from a doctor on why they need treatment in the US, or that treatment is not available at their home country. If your BIL already had brain surgery in Peru, it would be questionable to claim that he cannot get adequate treatment there. I suggest just pursuing a regular tourist B visa in line with their actual purpose of travel.

Your PD is not yet current, but you're close! Hopefully, it will be current soon. F4 (Philippines) PD on the Sep 2023 visa bulletin is 22 Aug 2002. Until your PD becomes current on Table A, your case will stay at NVC. Note that the Philippines PD on the VB will always apply to your case, regardless of where your interview will be.

Entering on a tourist visa with intent to adjust status involves fraud. Don't do it. Also, we are not permitted to discuss fraudulent immigration activities here on VJ.

What is your case priority date (PD)? Even if your case is already DQ at NVC, it will not be transferred to the consulate until your PD becomes current on Table A of the visa bulletin.

Sorry to hear about your father's condition, but there is no expedite for cases that are not current on Table A of the visa bulletin. Not even if the case is already DQ at NVC and not even for life-or-death situations.

1. Could be related to your field of study. Or they might suspect that you'll try to look for a job and not leave when you travel to the US. Remember that even if you were initially granted interview waiver, as a B visa applicant, you are still presumed to have immigrant intent, as per US immigration law. 2. Canadian PRs have a special privilege -- the visa reciprocity schedule for Canada applies to them, not the reciprocity schedule for their country of nationality. For example, Vietnamese nationals are only allowed 1-year maximum validity for B visas. But if they are Canadian PR, they could be granted 10-year validity B visa, despite having Vietnamese passport. Reference -- https://fam.state.gov/fam/09FAM/09FAM040308.html

My POE with IR1 visa was DFW. I flew JAL/AA from MNL-->NRT-->DFW, then home to Louisiana. My layover was 3 hrs, but 2.5 hrs would have been more than enough because I was asked 0 questions by CBP. Also, my flight arrived at 7am and there were not many other flights arriving at that time, so the wait at the immigration line was not very long. You can read DFW POE reviews, including mine, here -- https://www.visajourney.com/reviews/poereviews.php?poe=Dallas&dfilter=0

File new I-765 under category (c)(9).

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Seems the CBP officer made a mistake in processing your entry. As mentioned above, CBP should have sent the medical report directly to USCIS. You could try booking an appointment for deferred inspection to hand the documents back to CBP for proper handling -- https://www.cbp.gov/contact/ports/deferred-inspection-sites Even so, it's likely that USCIS will want you to repeat your medical, as your report from overseas has already been unsealed.

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That checklist is a generic one for immigrant visa and K1 cases. Not every item applies to all cases. For K1, DS-160 and I-134 are required, while DS-260 and I-864 are not applicable. Though you will need the I-864 for the AOS process, but that's after US entry and marriage.

Nothing to do at this point but wait for your visa case status to turn to "Issued".

Did you fill out page 8, items 61a-b? If you did, that was a mistake.

No worries and welcome to VJ! For questions about a specific case, it's best to start a new thread, even though the situation may be similar to someone else's case. As to your question, only the consulate and CBP will know for certain whether your B visa is still valid, so folks here can only speculate. Did you check your most recent I-94 record online? What is listed online as your "Admit Until Date"? https://i94.cbp.dhs.gov/I94/#/recent-search

As I mentioned in your other thread, your wife should update her travel info on the DS-260 form prior to her visa interview. Minor updates such as this may be done at the consulate on the day of the interview.

As others already mentioned, I-485 is NOT applicable. Submit I-824.

Items #1,2,3 are for immigrant visa cases. Not applicable to K1. Beneficiary typically bring the petitioner's I-134 to the visa interview. Not sure what you mean by the above, but Colombian applicants need to present a Colombian police certificate "Certificado de Antecedentes Judiciales" -- https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Colombia.html

Glad you all arrived safely and thank you for updating us! For non-K1 cases, USCIS will only accept a medical report and I-693 from a civil surgeon in the US. So yes, your wife will need to repeat her medical.