appleblossom
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Everything posted by appleblossom
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Can you amend your text so it's a bit smaller? No idea why it's coming up so huge but it makes it really hard to read! Boiler wasn't saying you had aged out, just that you are looking at two issues - aging out and seeking to acquire - as one. All you can do is wait and see what NVC say, and if they refuse to move you back to F2A that's when you'll have to argue that you couldn't seek to acquire within a year anyway due to their original error. Good luck.
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South Africa K-1 interview process
appleblossom replied to fbgmlae's topic in K-1 Fiance(e) Visa Process & Procedures
Is he South African? Why is he not interviewing in the country where he's resident? That would presumably be much easier if he can't travel to SA easily. -
That didn't seem to be within the one year window to me though, as from the dates you've given a visa become available to you on 1st June 2024. So you'd have had to have paid the fee etc before 1st June 2025 to have met the sought to acquire requirement. But I've only done a quick look/calculation - if you're eligible, NVC will put you back to F2A soon I'm sure. I guess the argument you'll have to make if they refuse is that because they incorrectly moved you to F2B the first time, it mean you couldn't pay the fees etc when you should have been able to. Good luck.
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That does keep your case active, but doesn't stop you aging out in to F2B. You have to 'seek to acquire' the visa within a year of it becoming available to you if you want to take advantage of CPSA. See this webpage - https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa "To benefit from CSPA as an alien applying for family preference (including VAWA self-petition), employment-based preference, or a DV , you must seek to acquire lawful permanent resident status within 1 year of when a visa becomes available . This is referred to as the “sought to acquire” requirement. You may satisfy this requirement by: Properly filing Form I-485, Application to Register Permanent Residence or Adjust Status; Submitting a completed Part 1 of Form DS-260, Immigrant Visa Electronic Application; Paying the immigrant visa fee to the Department of State; Paying the Form I-864, Affidavit of Support, review fee to the Department of State (provided the alien is listed on the Affidavit of Support); or Having a Form I-824, Application for Action on an Approved Application or Petition, properly filed on your behalf."
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abandoned gc in 1998, apply for an b1/b2 visa? (split topic)
appleblossom replied to Zey Ty's topic in Tourist Visas
When you say they abandoned it, do you mean they've actually withdrawn the petition? Or just left it? No problem applying for a B visa either way, your chances are slim of it being granted but you can always apply. -
EB2-NIW Waiting for Interview Letter in London 2023
appleblossom replied to OnPoint's topic in United Kingdom
Depends on when the quota is met. -
EB2-NIW Waiting for Interview Letter in London 2023
appleblossom replied to OnPoint's topic in United Kingdom
Yes. If visas aren’t available then that’s the same regardless of who applies. -
Not really long term (that might be relevant to somebody sponsored by their sibling with a 25 year wait ahead of them maybe, but not a spouse/fiance visa). I concur with @Crazy Cat and would absolutely not apply for a B visa in your situation. If denied you’d probably not be able to visit on ESTA again for quite some time which would be far too risky.
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Then Advance Parole isn’t relevant to her or something she’d have been eligible for. She needs to find out if it’s a glitch on the status checking website, or if the lawyer messed up and filed for something he shouldn’t. You’re correct, the I-130 is the only thing that should have been needed at that stage.
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Have a good look at the step by step guide here and the forms involved, then see if you still think you need a lawyer to help. https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html
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There are two types of E visa - investment and treaty trade. Apologies, typo above and I meant the E1. But unless you have very specialist skills and extensive work experience (I assume not if you’re on a J-1 now and looking at doing a degree) then a self sponsored green card isn’t an option, so you would need your company to petition you for any employment based visa. So start by asking then if they’d sponsor a visa for you to stay, if not then at least you know. If they will sponsor it then if H1-B doesn’t work and they don’t qualify for E-1, then see if they have offices outside the US and perhaps an L1 may be an option after a year working for them abroad. F-1 really isn’t feasible so if employment based doesn’t work then I think you’ll just have to go home and wait out the F2B.
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I’d explore other visa options through your employment. You say they’d offer you a remote position, do they mean based in the US? Why do you think they’d not sponsor you if they want to keep you? Unless they’d be cap exempt H-1B is a lottery and uou wouldn’t be able to start on that visa until Oct next year, so that’s far from ideal anyway. But perhaps explore something like the E2 visa if they’re eligible, do they trade in other countries? An F-1 will just take a ton of your money and not help in the long term (as you would be unlikely stay on one long enough to get LPR through your father), so I don’t really see any point in that. You’ll still have to return to your home country but just be a lot poorer when you do! What country are you from?
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How recently did you update it? I did ours a couple of weeks ago and didn’t get any kind of receipt, but it did say that it would take a few weeks for the change to reflect on the online account. So are you just expecting it too soon maybe? Or did you change it weeks ago? Either way, make sure you have change of address and Informed Delivery both set up with USPS.
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Current timescales are here, it’s updated once a week - https://travel.state.gov/content/travel/en/us-visas/immigrate/nvc-timeframes.html Then once the NVC stage is done the wait for an interview will vary by consulate. Anywhere between a couple of months to a couple of years. If yours is London then luckily it’s one of the quickest. Good luck.
