appleblossom

Depends what you mean by all documents. When is your interview? Your checklist will tell you what needs to be originals and what can be copies. You can also find the info on the website. Make sure you check the country specific guidelines too. https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-10-prepare-for-the-interview.html

Ditto!

It was 7 years a while back, but processing times are only getting longer unfortunately. As @Dashinka said, currently the Visa Bulletin date for the F1 category is March 2016, so 8 years ahead of your Priority Date. But if you go back in time and look (for example) at March 2020, you’ll see that the date then was October 2013, so it’s only moved forward 2.5 years in the past 5 years. So I’d assume at least 10 years, possibly much more though, but just keep an eye on it and check to see how it’s moving every so often. And if your son/daughter wants to move sooner, then it might be worth them exploring other visa routes i.e. getting a good degree and a masters, some specialist work experience, then employment based visas maybe? Best of luck.

You’re welcome - but please do fill in your timeline in reciprocity. And yes, that’s fine, although there’s no way it should take that long! You should be able to start work pretty much immediately if you wish to.

No need, you’re going on the basis of a job offer, not the basis of a job that you’re already doing in the US. You don’t need your GC to start work for the US employer though, you can start immediately using your endorsed visa. And please ‘pay it forward’ and fill in your timeline!! Good luck.

The processing time for the I-130 isn’t really relevant as there won't be a visa available for a long time anyway, so that’s why USCIS don’t rush to approve I-130’s for family members that aren’t immediate relatives. Most people want the I-130’s to take as long as possible as well, so that any dependent children stand the most chance of being included by the time the applicant becomes eligible for a visa. Processing time for F1 and F2B is pretty similar, slightly longer for F1 at the moment but it fluctuates. You’ve probably got another 10-15 years or so to go as a very rough guide but just keep an eye on the Visa Bulletin to see how it’s moving. And bear in mind that if your child marries between now and then, they’ll move to category F3 and increase their wait further. Good luck.

@Sixt, did this lawyer tell you that you can’t adjust status? If this was a genuine lawyer that you spoke to then I’m confused by the advice you’ve been given thus far. It seems you have no option but to leave the US (asap - don’t overstay your B2 if you haven’t already), and apply via consular processing. Forget the I-485 and certainly forget the I-765 as it’s not valid, you have no grounds for it from what you’ve said.

PD - Priority Date. ROW - Rest of World (row 1 on the Visa Bulletin). The query was if you were EB-2 as per the thread title, but if you’re EB-1 then you’re current. And yes, it does appear but only the I-140 info. If you can add the NVC stuff in that would be great. Thanks!

I meant on your profile, to help the VJ community and also make it easier to help you with any questions you may have. See mine for an example (just click ‘Timeline’ by my name). If you can take a few minutes to fill that in that would be great, thx.

Please fill in your timeline too! Thx.

Because 9 months in a year isn’t using it ‘as legally intended’. That’s not normal tourism. Make sure she files her US tax return next year as mentioned above - risking annoying immigration is one thing but she really doesn’t want to get on the wrong side of the IRS!

It’s certainly not now. Current date for filing for ROW is August 2023 and it seems the OP has only just filed I-140, so isn’t likely to be eligible to file I-485 for at least another year.

You didn’t share that on the previous thread, you never mentioned the B2. Do you mean I-140? The confusion is how you’re adjusting status as you don’t seem to be eligible to do so. Have you overstayed your B2?

Your stepson will know. Their PD became current in June 2024 it seems, so they should have been documentarily qualified a long time ago. Step 2 onwards here - https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing.html

Is your stepson a citizen or permanent resident? And just checking, but which case number are you using? They can’t log in on the CEAC system with the old case number (from USCIS, for the I-130), they must use the case number from NVC but perhaps they haven’t had that yet?

It will depend on the reason for the denial. Is the notice on your online account or do you need to wait for it to come via mail?

Looks like @HappyPlace’s was approved the day after s/he posted that, on 20th Feb. You can click on the Timeline button on their profile to see details of it. Good luck for the rest of the process to both of you.

As said above, for the RFE you need a really good lawyer. This isn’t a DIY situation IMO. But the main question was about your current status in the US, which is relevant to this thread as well.

No, you didn’t. On this thread - It’s really hard to help you without basic info like your current status etc.

I think your biggest problem is that you don’t seem to have any experience in the field according to USCIS, which would make you ineligible for the visa. I’d also suggest you answer the questions posed in your previous thread. They really are important, particularly if you don’t have a lawyer.

@alixe and @cherryblossom70, please fill in your timelines, thx. Given the bank holidays, I’d assume letters will be later this month but hopefully soon.

Right, so she’s not eligible to adjust status. Given the current administration, they need to get things filed urgently. It’s not going to be easy, quick or cheap though unfortunately. Get her to (a) join VJ so she can understand her situation and the process and (b) hire a really good lawyer.

Also, just checking, you were a citizen when you petitioned him? Just that you’ve put this in the section of the forum for queries about green card holders petitioning relatives?

You don’t need to inform them. As said above you just wait until they’re actually eligible for a visa and then add any dependents at that point. No need for a new I-130 and you don’t have to do anything now. It’ll probably only be his wife as his children are unlikely to qualify unless ‘under 15’ means they’re very young.

It’s a huge ask of anybody, I don’t think any stranger would agree to be on the hook financially for potentially decades for somebody they don’t even know. But I’m amazed your lawyer suggested you try to find somebody on an anonymous internet forum when it sounds like you already qualify yourself - frankly I’d be firing him and demanding a refund for that atrocious advice! It’s not ‘forward thinking’, it’s basic immigration knowledge. And if he doesn’t know that I’d be worried about what else he’s missed.