appleblossom

Assuming your petitioner is a citizen then no, overstays are forgiven for spouses of USC’s. But with the current administration I wouldn’t risk being out of status for any time at all personally.

Please do. And as it’ll be so long before your daughter can get a visa via you, it would be a good idea for her to explore employment based visas and see if she’s eligible for any, if so she can speak to her current employer and see if they’d be prepared to petition her. It may just be a way for her to stay until she can apply for the green card rather than having to return home to wait it out. When does her current U4U status expire?

His ties will have been asked about on his DS-160, generally the decision is made from the info given on that. I’d leave it for a while, presumably if he’s early 20’s he’ll be done studying in a year or two? So wait until he’s got a full-time job and then try again to maximise his chances. If he keeps trying and keeps being refused that’s not going to help his case at all.

OK, so a very high refusal rate, realistically until he’s got more ties it’s probably just going to be another refusal. https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/RefusalRates/FY23.pdf

You have nothing to do with it. Your SIL needs to apply for both of them.

It’s not going to reveal anything, there were probably hundreds of tourist visas refused at that consulate just this month alone. It’s just whether or not it’s a high risk consulate so advice can be more tailored. But if you don’t want to say that’s fine. Your BIL can try again, although not straight away as that would be a pretty much guaranteed way to throw that money away, he should leave it a while and then try again. You can’t ‘sponsor’ him but he can say you’ll support him financially if he gets the opportunity, but stronger ties would increase his chances far more i.e. waiting until he’s finished studying and got a full-time job/his own home/a spouse. And just checking, but you haven’t filed a I-130 for him at any point?

Which consulate?

Please do fill in your timeline to help others going forward, plus once you do you’ll get a much more accurate estimate from VJ than from USCIS! Good luck.

It’s about 18 months for immediate relatives I believe. Good luck.

If it’s just to visit, then they need a B-2 visa - https://uk.usembassy.gov/visas/tourism-visitor/ Good luck.

They can do, it will depend on what has been written on his record.

Or much longer, depending on the consulate. 3 months would be about the norm for one of the quickest consulates (if the OP submits docs etc straight away). But it could be as long as 2 years or even more if it’s at a consulate with a big backlog. @mnelove97, if you could fill your VJ timeline in that would be helpful.

Check current processing times here - https://egov.uscis.gov/processing-times/ It also looks as though there may be a potential complication with your case according to your previous posts, so just bear in mind ’standard’ processing times may not apply and don’t get discouraged it it takes longer than others who filed at the same time.

And they’ve definitely paid the fees? And not changed address? Then as above, they need to complete that form.

Who is your dependent?

Unfortunately not. You’ll submit the I-130 (or they’ll accept it from your current package - hopefully somebody in the know will clarify that), and then you need to keep an eye on the ‘dates for filing’ page on the USCIS website, that will tell you when you can file for adjustment of status - https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin As you can see from that, they’re currently allowing people to use the date on Table B on the Visa Bulletin, which is 1st Sept 2017 for your category. So only those who applied prior to that date ~7.5 years ago can file for AOS now. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2025/visa-bulletin-for-january-2025.html

F1 category, he’s a USC. I agree, but I’ve no idea if they’ll accept the I-130 or the whole thing will be rejected? I don’t know how it works in this situation.

If this is the same certificate that she received a few years ago then it may be that she needs a newer version. Has she visited China at all since she received it? Does it definitely comply with these requirements? https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/China.html

Unfortunately it seems not. I think the whole package will be being sent back to the OP and he’ll have to file a standalone I-130 instead.

Ok. Then I suspect that’s why you’ve not heard anything, her AOS will be rejected as there won’t be a visa available to her for many years. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2025/visa-bulletin-for-january-2025.html I’m not sure if they will accept the I-130 if you’ve filed concurrently, or if you’ll need to refile that.

How old is your daughter and is she married?

See the above post, @RBS is in ‘proper’ Admin Processing, unfortunately it’s likely to take a lot longer than 2 weeks.

Congrats!

Ah, ok. Not a lot to do but wait it out unfortunately. Good luck.

And were you born in the UK? If so, have you ever lived in another country - particularly a high risk one like Iran, Pakistan, Nigeria etc?