Demise

Looking at the FAM the only requirement is that they're married before her entry, not necessarily that the steps to attach OP as a derivative are undertaken before her entry. "... regardless of the time which may pass between the issuance of a visa to or admission into the United States of the principal applicant and the issuance of a visa to the spouse or child of such applicant and regardless of whether the spouse or child had been named in the IV application of the principal applicant." Like obviously the consulate will be suspicious and might question the bona fides but there's a world of difference between "bring receipts" and "no, you can't do this". The other source that this site censors the name of also points out an option of contacting the consulate by mail to add OP as a FTJ.

Not an LPR until she arrives in US. According to 9 FAM 502.1-1(c)(2)(b)(2)(b), it does include spouses and children acquired before admission of the principal: "Spouse or Child Acquired Before Admission of Principal Applicant: A spouse or child acquired before a principal applicant’s admission to the United States is entitled to derivative status and the priority date of the principal applicant, regardless of the time which may pass between the issuance of a visa to or admission into the United States of the principal applicant and the issuance of a visa to the spouse or child of such applicant and regardless of whether the spouse or child had been named in the IV application of the principal applicant." Messy situation but OP should be able to follow to join as an E34. According to ***removed*** (not the best source but google isn't being very helpful) the correct thing would be for OP's wife to show up at the consulate with her visa, marriage certificate, and a DS-260 for OP. If the consulate sent the case back then the correct thing would be to file I-824 and work from there.

As per https://www.uscis.gov/i-765-addresses and https://www.uscis.gov/i-131-addresses: USCIS Vermont Service Center 38 River Rd. Essex Junction, VT 05479-0001

I mean the cause is correct. K-1 is for fiance(e)s, CR-1/IR-1 is for spouses. Regarding the process just own up to it, explain that you both misunderstood the process and filed the wrong forms. It's not a misrepresentation to not understand something. Just to confirm one thing, there's no issues with polygamy going on here, right?

Okay, explain in your own words what do you think this means.

You could ask your senator or congressman to follow up with USCIS if they received it. USCIS doesn't give any acknowledgement for RFEs aside the status getting updated on their website and sometimes that just doesn't go through either.

Okay I think you are really mis-naming some things here. Explain to me in your own words that you understand "FX" to be.

The reason for this is two fold: Keeps the queue moving if you can just grab use the FX country-cap exempt. Country reserved F2s keep one country from causing backlogs elsewhere. What decides this? Literally what's available and then just random chance. Like you are really complaining about something random and inconsequential. Like let me take a step back - the thing you thought was FX does not exist. For EB-1, 2, 3, 4, 5, DV Lottery, F3, F4 (and for children also F1, F2A, and F2B), a spouse or child would generally just tag along on the same petition as the principal and be charged to that quota. Could the principal move first and start an F2A process for their spouse? Sure but that's a waste of time and really only happens in cases where one can't be married (IR, F1, F2B), where sure the son/daughter would immigrate to US, go marry their SO, and start off an F2A for them.

You know, murder cases frequently go cold there. There's no dental records and all the DNA matches.

You severely misunderstand something. FX and F2A are the same thing. It's just that 75% of those numbers are exempt from per country quotas (not numerical limitations) and can be charged to any country (FX), while the other 25% fall under the 7.1% rule (F2). In all reality the only reason you'd even know it exists is because F2A for Mexico sometimes gets a tiny backlog at the tail end of the FY. But other than that, no you can't go into the consulate or USCIS and tell them give me an F21/F26 and not an FX1/FX6, they will give you whatever is available. Now wait until I tell you that most people get their citizenship by being born here, now look at somewhere like Kentucky and tell me that's a good idea.

Do what Mike E said. Start with the oldest one, even if Hubby and Kid #2 end up overstaying they can adjust out of status anyways. Not that I recommend it, just a heads up if it happens. Just a question that probably won't apply but still no reason not to ask it, any chance your parents were in the US military, working for the US government, or working for an international organization (think NATO, UN, etc)? Asking because time as dependent of such gets treated as living in US allowing one to pass citizenship via birth to kids.

Filed my I-485 today. Hoping that it won't take too long.

They asked me primarily because they wanted to stay within their own template over at ICE and go through prosecutorial discretion rather than go over their heads and get it directly from the judge. Dude was polite and respectful on the phone so I decided to play ball with him. Not sure what difference did it really make to ICE, metrics maybe?

I wasn't able to do a Motion to Recalendar and Terminate because at the time the judges didn't have the authority to terminate (Matter of S-O-G- was still controlling), so the only thing I could've done is move the case to MN and basically take the I-485 to court. I possibly could've tried the local OPLA but after getting blown off by the one in NY I really didn't even consider it. Terminate and Dismiss is a bit of a to-may-to to-mah-to but there is a difference in them. Termination is on the basis of the judge agreeing to kill the case whether ICE agrees, objects, or doesn't respond. Dismiss is on the basis of ICE agreeing to drop it. Still, both lead to the same result - removal proceedings end, go file I-485 with USCIS.

FOIA was just record keeping and I didn't know that it can stall a change of venue, lesson learned there. Yeah what happened was the following: My proceedings were admin closed in January 2018 since at the time I was planning to do an I-601A. Filed VAWA I-360 in August 2018. Moved to Minnesota in October 2020. I-360 was approved November 2020. Contacted NY ICE if they'd be willing to dismiss under the Doyle memo in April 2022. Heard nothing back so I just filed a motion to recalendar and change venue to MN in I think June 2022 and it was approved August 2022. I was wondering what's going on, then I saw Matter of Coronado Acevedo and I filed a motion to terminate with MN court in December 2022. Figured that I might as well try and preempt any action by the MN court. Got a call from the ICE attorney for MN a few days later, filed a withdrawal of the motion to terminate and an unopposed motion to dismiss (early January 2023). Then nothing, checked with the ICE attorney in March, Then checked again in April that's when he told me that the case got stuck due to the FOIA I withdrew that FOIA, checked with my senator, COV finally happened, got a hearing date for August in May, Checked with my senator in May, the change of venue was finally done, Checked with the ICE attorney again was told to refile Refiled in early June and it was finally dismissed as of June 7th. So yeah, god damn rollercoaster. Honestly if the OPLA in NY wasn't a black hole or if a decision alike Matter of Coronado Acevedo happened earlier, a lot of this mess could be avoided, since I'd just get a dismissal or termination from the NY court.

No, what happened here is that I saw an AG Decision that restored the ability of immigration judges to terminate proceedings (Matter of Coronado Acevedo), filed a motion to terminate based on it, got a call from ICE attorney, we talked, we agreed that I'll withdraw that and instead file an unopposed motion to dismiss, I did that, nothing happened, followed up with the ICE attorney, turns out that my case never left NY due to a FOIA I filed, I withdrew that FOIA, reached out to my senator who gave the NY court a nudge to get the case moved to MN, had a master hearing date set for August, checked with the ICE attorney again, he told me to re-file the motion to dismiss, I did and finally the court dismissed it. So yeah, glad this mess is over, lol. No hearings that I had to attend here.

No I was originally planning on doing I-130 and later I-601A/DS-260 due to EWI. And thanks good to know I can use G-1450, asking mainly because no idea when I'll actually file and I'd like the option to just dip into my credit rather than maneuver around bills.

Awesome, thanks.

Hey quick question. Finally got my proceedings dismissed so right now I'm just waiting on a copy of the order before I file my I-485. Can we use G-1450 to pay for the I-485? Previously it was only for application sent to lockboxes, right now it says lockbox or service center. Did they change it? Any special consideration with VAWA?

No, B visa is toast because yeah 214(b), and since there's no formal appeal process for this stuff the only real way is to challenge the previous finding is while trying to get some other visa (H-1B, EB-3, F4, DV, etc) and address it there that the ban was incorrectly applied and in fact they're not subject to it. If the consulate doubles down on it then get it in writing and file I-601 if it's an immigrant visa, USCIS should deny that stating that there is no ban and go back in there and raise hell.

Present the stuff to the first employee you see, if they agree great, if not ask for a manager to look it over, if manager agrees great, if not ask them to check with the Office of Legal Adviser, because their policy says one thing and they are trying to say something else. Be polite but firm and bring the receipts for this claim.

Here, by DC I mean District of Columbia, US's capital where most federal departments have their HQs either in it or somewhere nearby, when met with a question where the consulate has no idea what to do, they should ask further up the chain.

Yeah they should've been informed but things like this don't come up often so a lot of the rank and file employees don't know every intricacy of immigration law. In this case you'd apply for something else, go to the interview, point out that the agent incorrectly concluded that you are subject to a 10 year bar, bring proof of your prior F-1 and admission for D/S, copy of the Foreign Policy Manual sections detailing how it works, and after having someone higher up look it over which might have to involve them getting a legal opinion from DC, you should be approved. They will schedule an interview regardless because if there's some inadmissibility reasons that'd require a waiver you actually need a denial from the consulate to file a waiver with USCIS. I-601 for unlawful presence is generally: go to interview, get denied, file I-601, once approved go to another interview and get approved. Moot point just letting you know that they will interview regardless.

So yeah there's no bar due to how unlawful presence is calculated in your case (i.e. it wasn't). You probably won't ever be able to get a tourist visa because you'd have to prove significant connections to your home country, but for any other visa like a work visa, or a family or work sponsorship or you win the DV lottery, it shouldn't be an issue, you might have to bring a copy of the policy manual sections I cited previously and have someone higher up look at your case. Consulates are notoriously bad with this stuff. You can have your family petition for you, you can see if they have some connections that could get you an H-1B or an EB-3, or you can try to win the DV lottery. Lottery is free so like, if you can play it why not?

@ROK2USA @limegreenbowler Yeah I do agree that B-2 would've likely been denied anyways for immigrant intent, but everyone here was like "well try again in 2032 then".