appleblossom

Does her employer by any chance have has US locations she could request a transfer to? If her job will continue from the same source then she could use it. If not, then sounds like her only option is to go ahead and find a job in the US. You can visit in the meantime though, and most jobs would qualify her so hopefully you won’t be apart for too long. Good luck.

Do you have assets you could use? **Thread moved to the CR-1/IR-1 forum as it’s not a DCF case**

Ah, ok. In which case I'd definitely wait for the response from USCIS, no point in chucking more money at it if there's no chance of a visa anyway.

Doesn’t sound like it then. You need to have spent 5 years in the US but at least two of those must be after the age of 14. DCF isn’t an option if you’ve already filed the I-130 as said above. Looks like you’ve already tried for an expedite and had it refused? So nothing you can do but wait it out I’m afraid. And yes, back file your taxes asap! Good luck.

Why was the first case refused? What kind of case and what complications? It doesn’t sound great, the whole point of using a lawyer is so they make it easier and save you the stress of doing it yourself - but sounds like they’re doing the opposite!

It’s perfectly normal, just means they need something re-doing. My daughter had to do the same, apparently her photo wasn’t good enough so she had to have it re-taken.

When's the interview? Honestly I can't see any point in filing now and you may not have time to anyway. Not filing at all is far better than filing and declaring yourself non resident, and you probably weren't required to file anyway if you only earned $8000 that year. But are you absolutely sure you didn't tick 'yes' to that question on the application?

You may not have remember it, but you will have checked in. There’s no way to board an international flight without doing so.

And was 61 a/b left blank?

Oh, that might be it - maybe they meant the petition? Their timeline says they've just applied for a J-1.🤷‍♀️ Hopefully they can clarify exactly what they've applied for and where.

I-129f was quicker than I-130's last year too. https://egov.uscis.gov/processing-times/historic-pt

Just answered this on your other post, but no, because they're just not processed. Last year only 3 were approved, the rest are just ignored and the USC is usually contacted and told to file an I-130 instead.

Only 3 K-3's were issued in the whole of FY2024, it's obsolete and just won't be processed.

Sorry but I don't understand your question then. What are you asking about?

Yep, lawyer time. "USCIS presumes an applicant who claimed special tax exemptions as a "nonresident alien" has lost LPR status through abandonment." "An applicant who is a lawfully admitted permanent resident of the United States, but who voluntarily claims nonresident alien status to qualify for special exemptions from income tax liability, or fails to file either federal or state income tax returns because he or she considers himself or herself to be a nonresident alien, raises a rebuttable presumption that the applicant has relinquished the privileges of permanent resident status in the United States." https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-316/section-316.5 Good luck.

Without knowing the reason for the NOIR nobody can tell you - please answer the questions in your other thread on the subject and then the good folks of VJ will be able to help you.

OK, and they didn't intend to stay when they entered this time? It's just that you were planning on petitioning them last year whilst they were in India and now you're applying when they're visiting the US. Just to confirm, they still have jobs/cars/a home/other obligations to go back to and you could prove that if needed?

@dualcanus, just noticed in a previous thread you said 'I have visited the US here and there in the past few years, but I haven't lived there since i was very little' and then you say above you've only got 1.5 years of cumulative visits since you left. So are you sure your children qualify for CBRA? Did you definitely spend more than 2 years in the US after the age of 14?

Ah, I see. That sounds good then, plenty of evidence of a bona fide relationship there. Best of luck.

Bank statements, SSN and voter correspondence don't prove physical presence, plenty of people live overseas and have those. Travel history works (you could do a FOIA request to try and get border crossing records), and the school records would too but how long is 'brief enrollment' and how long did you live in the US and at what ages? Could you get an affidavit from your parent confirming the dates you lived in the US as a child, maybe doctors records too?

Where are your parents now? You previously said they were in India?

Maybe it's the way it's written but this makes it sounds like you married without meeting. I'm sure that's not the case, but how much time did you spend together before you got married and how long before that did you meet?

Approx 2 years 3 months. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/iv-wait-times.html Good luck.

I’d push her interview back until you’re back living in the US. As Boiler asked, when will that be?

You couldn’t have done it from the states. If they’re doing May now and your DQ date is Sept, that’s 4 months or so to go, so March ish as a rough guide. The good news is that Montreal often sends out the DS-5535 ahead of the interview these days. Which means at least you know in advance if there are going to be extended AP checks, and also starts the process a couple of months earlier. There’s a long running thread in the Canada forum about it, you can find other Iranian born cases there to give you an idea. Best of luck.