appleblossom

If she's in the US then she must have already had them taken on entry, so they won't usually need them again.

Yes, exactly. Any absence 6 months or over resets the clock. If her 2025 trip was less than 6 months, she can start counting from whenever she returned in 2023.

Fab. It would be super helpful if you could fill your timeline in (on your profile). So if your PD is now current then you can go ahead and submit your I-485, there's a guide at the top of the page which may be useful - Best of luck.

OK, and your husband is a green card holder, that's how you're adjusting status? When was your I-130 approved?

*Thread moved from DCF to Bringing Family Members of Permanent Residents, on the assumption that OP's husband is a LPR** Are you in the US now? On what visa?

She can leave, but just not for longer than 6 months. That's what breaks the 'continuous residency' requirement. https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3 So if her 2025 trip was over 6 months, then wait 5 years. If it was less than, she should be eligible to apply in 2028.

No, there are no visas available until the new fiscal year.

I would only go with official info, not that website. There is some misinformation on there, and it's also aimed at B visa applicants. But having the SAR is a good idea, so it's good that you've got that underway.

How did you contact them, was it via this page? https://egov.uscis.gov/e-request/onpt Have you tried getting your congressman to ask on your behalf? That may be worth a shot.

It's no problem at all, and no new I-130 has to be filed. All he has to do is add his wife as a beneficiary to his case - https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing/ceac-faqs.html#ceac16 They will then both apply for visas, and both interview when the times comes and their PD is current.

AP is hours to years. There is no set time. Mine was only showing 'Administrative Processing' for about two hours - as we've said above, EVERYBODY goes through AP. It's simply final checks before a visa is issued. Not sure what you mean by 'recd', please type the full word out?

As it's a dependent visa rather than a standalone one, it would just come under L-1 I think.

It sounds like you will need a waiver, the downside of that is the time it takes for that to be processed. But the immigration lawyers should be on the case for you. Good luck.

It's nothing to do with race. But you're well over average processing times, so have you submitted a case enquiry?

You have no way to stay though. And unfortunately by overstaying you have made things so much worse, if you'd left you'd have been able to keep visiting, but now you have a ban. If you leave before you have a year's overstay then your ban is 3 years, rather than 10, so please think really carefully about overstaying beyond that date. The longer you leave it, the worst it is likely to be - particularly with the current administration. Would your husband bring the children to visit you in Europe if you're waiting out a ban? Is your family court lawyer aware that you have no way of staying in the US and that the only option for the children to stay with you is for you to remove the children from the US to take them home with you? Says above she's overstayed more than 180 days but less than a year.

Then I'm sorry but unless you can find another route to stay (employment etc), there is no option for you to adjust now. You should leave before you reach a year of overstay, as at that point a 10 year ban will kick in - plus of course you're at risk of being deported now as you have no legal status, and it would be better to go voluntarily rather than face that. How old are your children? The eldest could petition you when s/he reaches 21.

What exactly has been filed and when?

You've been approved for an interview waiver based on very basic information, but they then still have to look at your information and decide whether or not to grant you a visa. As part of that they can call you for an interview at any time, or request any documentation they want.

Odd that it doesn't say that then and says 'ALL nonimmigrant'. But in any event it sounds like you applied before the rule change, all I'm saying is that they can still call you for an interview.

No it’s not. https://qa.usembassy.gov/updated-visa-interview-waiver-procedures/

As the interview waiver scheme has now been scrapped it might just be that they’re doing extra checks to see if they call you for an interview. Out of interest, is your wife a permanent resident of Bahrain?

I think so. The point about Pakistan being added to the banned list is a good one, it would be awful for that to happen if you’d done a K-1. But I wouldn’t marry after just one visit, plan a couple at least and then try and get more time together whilst the I-130 is being processed so that you have plenty of evidence for the interview. Good luck.

Yep, which is great, but that's only specific to the reason for the waiver, it doesn't check your other eligibility for any visa. They will be doing that now before getting you back for another interview and advising on a new medical etc. Hopefully it won't be too much longer, good luck.

No, there's no right to enter the US if you're an EU passport holder. They are eligible to apply for ESTA, but it won't necessarily be granted. As part of the application they'll have asked if he had ever been refused a visa for the US, so assuming he answered that truthfully and said yes (if he didn't, then that's a whole other issue!), then that's probably why it was refused. He can reapply, but I'd leave it at least a year before trying again.

It could be less or a lot longer than that, no way of knowing what checks they're doing now or how long they'll take.