Chancy

Yes, your wife may request for case transfer to Manila. Easier to request transfer while still at NVC stage, rather than at the consulate stage. Case transfer only at consulate stage may delay visa processing by a few months. Note that if she transfers her case to Manila, she must complete her medical at SLEC Manila, and play the sputum test tagging roulette. Can't do medical at AD, then interview only in Manila. Since your wife resides outside the Philippines, I assume she already got her CFO sticker or certificate before her move to AD? If not, she must go through CFO counseling and get a CFO certificate to be able to board the plane out of Manila with her spouse visa. Or if she already has a CFO certificate but it expired, she may need to get it revalidated.

Wait for the actual passport to be on hand, then file the DS-160.

Send them this link to the USCIS page for "Employment Authorization Extensions" and highlight the section below -- https://www.uscis.gov/i-9-central/form-i-9-acceptable-documents/employment-authorization-extensions "A conditional permanent resident receives a Form I-551, Permanent Resident Card, (also known as Green Card) that is valid for 2 years. When they file Form I-751, Petition to Remove Conditions on Residence, DHS may extend the validity of their Green Card." If that doesn't work, ask them if you can assist by contacting the Immigrant and Employee Rights Section (IER) of the Department of Justice’s Civil Rights Division, or the Equal Opportunity Commission. Contact info here -- https://www.uscis.gov/i-9-central/employee-rights-and-resources/employee-rights

*** Moved from IR1/CR1 Process & Procedures to US Embassy & Consulate Discussion, as the topic is about interview scheduling at a specific consulate ***

Your tax filing status is more an IRS issue, rather than an immigration issue. Although unlikely, it is possible that the interviewing officer at the consulate would notice the "Single" filing status and suspect that your marriage is not genuine. Especially when interviewing at a difficult consulate, you would not want to give the CO any reason to use as an excuse to claim that your marriage is not real. For Manila, the petitioner's tax filing status would be a non-issue, but for Tunis, I have no idea. For extra peace of mind, you may file 1040X for your 2021 and 2022 taxes to amend your filing status to MFS (assuming it will be financially beneficial for you). Once your husband gets his SSN after he moves to the US with his spouse visa, you may file another 1040X for 2021 and 2022 to amend your status to MFJ.

Maybe clients of those incompetent lawyers who only submitted marriage certificate as bona fide marriage evidence? If they did not submit proof of in-person meeting during or after the online wedding, that could result in RFE or denial.

Up to you if you want to listen to those lawyers. Or you can browse the VJ forums for reports from other members who have successfully completed the spouse visa process after a Utah zoom wedding.

US birth certificate should be sufficient proof of US citizenship, but maybe the consulate is in doubt about your joint sponsor's US domicile, not citizenship? I suggest responding to the consulate with a statement that the sponsor does not have a US passport, and send a scan of the sponsor's US birth certificate again, along with a scan of their US driver's license or state ID.

What do you mean the US government doesn't recognize it? Marriage rules are governed by the state, and Utah zoom wedding is definitely valid according to the state of Utah. Refer to the section "About the Legality of Marriages" -- https://www.utahcounty.gov/dept/clerkaud/PassMarr/RemoteAppearanceFAQ.asp Also valid in the eyes of USCIS, as long as any I-130 petition is filed after the couple has met in person during or after the online wedding ceremony. As for marriages outside of the beneficiary's country of residence, destination weddings are a thing and definitely accepted for US immigration, as long as the marriage certificate is valid where it was issued.

Get travel insurance for your fiancee in the Philippines. Before signing up, get written confirmation from the insurance company that their coverage includes offloading as a valid reason for flight/hotel cancellation.

Nope, no such rule. For an LPR, the TB appointment is purely a matter of health, not immigration. The TB appointment only affects immigration in the case of AOS applicants who have chest x-rays that indicate TB exposure. OP's mom is not an AOS applicant.

Even if your mom does not have her plastic GC, she is already an LPR (aka GC holder). The IR5 visa with CBP entry stamp in her passport serves as her temporary GC for 1 year. In any case, unlike in the Philippines, there is no exit immigration at US airports, not even for tourists. Your mom need only check in with the airline, then go through the TSA security checks and on to the boarding gate to fly back to the PH. Also, no problem with not attending the medical check-up for TB. Not sure if the health department staff explained it to you or your mom, but in my case, the Louisiana health department explained that TB screening has no effect on my immigration status as an LPR. The medical check and optional treatment is for the sake of my well-being and US public health and safety.

*** Moved from Bringing Family of USC forum to Moving to the US forum -- topic is about health insurance coverage after moving to the US ***

*** Moved from Bringing Family of USC forum to AOS from Work/Student/Tourist Visas forum -- topic is about AOS for asylee ***

The I-130 your stepfather filed for you was approved, so I suppose you were under 18 when they were married, but I wanted to double-check. You also should be sure about their wedding date, as you might be asked about it at your visa interview. Anyway, if you were under 18 when your parent and your USC petitioner were married AND the I-130 was filed before you turned 21, then your case is IR2 category and should not be changed regardless of how old you are by the time of your visa interview. Submit a request to NVC via their public inquiry form, to have your visa class changed to IR2. You should attach supporting documents showing that you were under 21 when the I-130 was filed -- scans of your birth certificate and the I-130 receipt or approval notice. [EDIT] I just saw your note about the lawyer. Good that you fired them. They do suck for not sending you the NVC letter sooner. Do send that request to NVC so you can also have an email trail of notifying them about your intention to pursue an IR2 visa.

Yes.

Were you below 18 years old when your stepfather and your parent were married?

*** Moved from General Immigration-Related Discussion to Bringing Family of USC forum, where similar topics are discussed ***

*** Moved from Bringing Family of USC forum to IR1/CR1 Progress Reports *** Congratulations!

You may send a request to NVC through their public inquiry form, to "link" your cases and schedule you for interview together. Your cases will still be processed separately at NVC, but sending in the request will increase your chances of being interviewed together. If NVC forgets, you may try again with a direct request to the consulate.

Note that the petition to start the K1 process is the I-129F, not the I-129. I-134 is not required with the I-129F. I-134 should be brought by the beneficiary to the K1 visa interview, after the I-129F has been approved.

Correct. When it was time for us to submit the I-864, I explained to my USC spouse that even divorce is no escape and asked him if he's 100% sure about signing the I-864 anyway. He said he's 1000% sure ❤️ Keep it simple for Manila. No bonus points for presenting more than what is required. The supporting documents you listed above about your sufficient current income will be more than enough for USEM, with your IRS transcripts being the most critical. Manila does not like assets for the I-134 (or even the I-864 for IV cases). You can browse the Philippine sub-forum for cases that got 221(g) letters because the sponsor used assets for the affidavit of support.

Provide the updated employment information on the DS-160 form after the I-129F has been approved. No need to update the I-129F nor inform USCIS.

Some key points to remember as you consider your options -- Your fiancee's K1 visa will be valid for 6 months maximum from the date of her medical clearance. So if she completed her medical end of March, she has until end of September to travel to the US. A K2 visa must be issued within 1 year of the issuance date of the parent's K1 visa. Extension to 18 months after K1 issuance was previously in place due to COVID, but may still be allowed at the discretion of the consulate. A valid passport is required to submit DS-160 form for K2 visa, but not required for I-130 petition for step-child of a USC. You and your spouse-to-be will need to have a valid marriage certificate to file an I-130 for your step-child. A Filipino minor traveling abroad without either biological parent needs DSWD travel clearance to be able to board the plane. Your options (assuming your fiance will attend her upcoming K1 interview without rescheduling) -- [K2 option] Get PH passport for the child. File DS-160, book K2 interview, book SLEC medical. Your fiancee and her son travel together after her son's K2 visa is issued and before her K1 visa expires. Your fiancee travels to the US ahead of her son. You two get married. Your wife files I-485/I-765/I-131. Your wife requests expedite for her I-131 AP on the basis of her son's K2 travel. Hopefully your wife gets her AP or GC within 1 year and travels to the PH to accompany her son to the US with his K2 visa. @BOKURAGAITA was able to do this recently, with a lot of luck and perseverance -- https://www.visajourney.com/forums/topic/790217-expedite-ap-approved/ If your wife does not get her AP or GC on time, ask your wife's relatives in the PH to apply for DSWD travel clearance for her son to be able to travel without her. You travel to the PH to accompany your step-son to the US with his K2 visa and DSWD clearance. [CR2 option] Your fiancee travels to the US ahead of her son. You two get married. Your wife files I-485/I-765/I-131. You file I-130 for your step-child. Get PH passport for the child. File DS-260 after I-130 is approved. NVC sends interview schedule after case is DQ. Re-schedule interview if necessary until your wife has either AP or GC. Book SLEC medical. Your wife travels to the PH to accompany her son to the US with his CR2 visa. Your step-son immediately gains LPR status, no need to file I-485.

I suspect the family law practitioner will recommend the works -- ROM for previous marriage, Recognition of Foreign Divorce, ROM for current marriage -- as that will bring in more legal fees. If you are set on doing ROM before N-400, I recommend just sending in the ROM documents without going through Recognition of Foreign Divorce for the previous marriage, like I said above. There is no penalty even if the ROM is rejected.