appleblossom
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Everything posted by appleblossom
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Ah, ok. Then it makes no difference any longer, spouse or fiancee, neither can get a visa. But if they entered the US illegally and are married to a LPR rather than citizen, it's going to be many years before they can get a visa anyway. So I wouldn't worry about the country ban for now, I'd focus on getting them out of the US asap so any overstay ban doesn't get longer, and getting the I-130 filed asap when eligible to secure their place in line. Then hopefully by the time they are at the head of the line to get the visa, the country ban will be lifted or amended anyway.
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I think the traffic tickets should be fine, but that is just a guess. Yes, the I-130 will still be processed as that isn't a visa application. Your case will proceed all the way to the point of visa issuance (interview at consulate), that's when it would be held. As she's already got a visa, she's still able to travel to the US. Just be aware that she may be scrutinised more heavily upon entry. Good luck.
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Should be no issue for you travelling as a GC holder, as long as you don't have any issues that might jeopardise that status (convictions, no tax filings, too much time out of the country, etc). But is your wife also from Nigeria? If so, she can't get a visa for now, it may change again by the time you come to apply but keep an eye on it. Good luck.
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What's your visa status in the US? Which country? And how long have you been out of the US? Please complete your timeline, thanks.
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Yes. But is this the F3 you were asking about previously? If so the ban isn't likely to be relevant by the time a visa is available to them anyway.
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**Thread moved to AoS forum as OP is not applying for CR/IR-1**
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I thought it had to be valid at time of adjudication too, and it had expired by that point. But if the RFE has definitely been cancelled (I think I’d be inclined to call and ask to speak to a Tier 2 agent to confirm that) then it’s just a case of waiting. Good luck.
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When was it done and was it done for your current application? If the RFE has definitely been cancelled then hopefully you'll hear soon, good luck.
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How long were you out of status for before filing?
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The I-130 isn’t relevant, as that’s not a visa application. So that would remain valid. Why Mexico? Is that where they’re from? Mexico isn’t on the banned list. But they can’t adjust status if they entered the US without inspection so yes, they’d have to return to their home country first, and wait out any ban or apply for a waiver.
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Fiance visas aren’t currently exempt from the restrictions. Which country?
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They only give you 221g if there is missing information or a document they require from you. If it's just standard background checks then you don't get that.
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Could be way longer than 20 days, could be less. Just a case of waiting it out I’m afraid. Good luck.
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You don’t need that, only the divorce certificate to prove you were free to marry your current wife.
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USCIS fees are non-refundable, regardless of the outcome.
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It will be. Don't wait until mid January to file, the I-130 should only take you an hour or two to do, so get that submitted asap to give him the best chance.
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You didn't read far enough down the page! Scroll down to 'Petitioner Documents' and you'll see it says the following - "If you are applying for an IR1, CR1, or F2A visa as the spouse of a U.S. citizen or Lawful Permanent Resident and your petitioning spouse was previously married: You must obtain evidence of the termination of EVERY prior marriage your petitioning spouse has had. This evidence must be an original or certified copy of one of the following documents: FINAL legal divorce decree, death certificate, or annulment papers."
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Petition for Parent of a USC?
appleblossom replied to Ony's topic in Bringing Family Members of US Citizens to America
Ah, ok. That's good, so she could adjust status through you, although it'll be at least a year. Follow the guide at the top of the page (this is aimed at spouses, but it's the same process for a parent) - But why does it limit her? With an EAD she should be able to work as if she had a green card? And if it's been 4 years then it might be worth asking on the long running VAWA thread where the good folks there will be able to give you advice on how to hurry things along - Good luck. -
Petition for Parent of a USC?
appleblossom replied to Ony's topic in Bringing Family Members of US Citizens to America
How did she get an EAD? And when does it expire? -
Yep, and at the NVC stage as well. You'll need to get another copy. https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-5-collect-financial-evidence-and-other-supporting-documents/step-7-collect-civil-documents.html
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Petition for Parent of a USC?
appleblossom replied to Ony's topic in Bringing Family Members of US Citizens to America
OK, and what is her status, and if she's there legally, when does her visa/status expire? -
You won't be able to calculate his CPSA age until his PD is current on the Visa Bulletin. At that point, you take his actual age, minus the time it took the I-130 to be processed, and that will give him his CPSA age. So using your example above, if the I-130 took exactly a year to be processed, then he'd need his PD to become current before 5th August 2027 to qualify for the visa. He's likely to age out. But are you a citizen? And if so, when did you and his mother get married, was he under 18?
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Petition for Parent of a USC?
appleblossom replied to Ony's topic in Bringing Family Members of US Citizens to America
Where is your mother at the moment? -
Dual citizens with a passport from a non banned country are exempt from the ban, as long as you have the visa in your British passport you'll be fine. https://www.whitehouse.gov/presidential-actions/2025/12/restricting-and-limiting-the-entry-of-foreign-nationals-to-protect-the-security-of-the-united-states/
