appleblossom

Resident and tax resident are different things. The link I gave you earlier gives you the info you need from the horses mouth. Nobody said she’d have to PAY taxes in the US, just that she’d have to file them. I earn nothing in the US, all of my income comes from investments, property and a job in another country. But because I spend enough time in the US each year I’m tax resident there, and so I have to file a US tax return. I get credit for the tax I’ve already paid in my home country as there is a tax treaty in place, but still need to file and then potentially pay any difference. It sounds like your GF wouldn’t earn enough to pay tax in the US, but she’d still potentially be liable for filings. Snowbirds aren’t relevant as they don’t spend enough time in the US. You’re asking about her spending 9 months out of 11 in the US so a very different scenario. Another thing to factor in is health insurance.

As said above, you can’t, but is your spouse a green card holder yet? If so, they can file for their child (although it takes a long time).

Different type of case - the OP’s was spousal. If yours had been, a copy wouldn’t have sufficed either (unless certfied as said above). https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/MNL-Manila.html#pre_interview_checklist

Is his biological parent (your husband or wife) a USC or not? And have you paid the green card fee, if so when?

There is still no visa available to them, the current date for F3 category is July 2010, so a number of years to go. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2025/visa-bulletin-for-february-2025.html

No. It means you may be lucky, you may not. But by petitioning your children you’re massively increasing the chance of being found out.

So just to confirm, these were completely fake papers? I’m amazed you’ve got away with this for so long then. You have had a green card and now citizenship granted in error it seems. You’re risking losing your own citizenship by applying for your children.

As Boiler said, the source of her income isn’t relevant. https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test I certainly wouldn’t risk her planned travel but it’s obviously your call. It’s up to you whether you’re happy to take the chance of her being refused entry. As you’re both retired, taking turns to visit each other (and her staying for shorter periods, not 6 months) would be a much safer idea. Good luck.

I think that’s risky, particularly as she presumably doesn’t have a job if she can visit for such long periods of time? What other ties can she show? Spending 9 months out of 11 in the US could make it look as though she’s trying to live there without the right visa. Ideally she’d stay out for longer than she’s been in before trying to return (i.e. if she was in the US for 3 months, stay out for ~4 months before trying to go back). And spending the full 6 months is not great either. Could you not visit her next instead? She’s risking being refused entry with that travel pattern and then she won’t be able to visit at all.

Those figures are very optimistic, people that applied ~19 years ago (F4) and ~9.5 years ago (F2B) are only now eligible for visas. But the wait times are getting longer and longer going forward. Bear in mind F4 category has only moved forward 3 years in the past 10 years, and F2B 10 months in 3 years. I think that @Boiler’s general rule to manage expectations is to double the amount of time on the current bulletin, so 20/40 years ish. So I’d strongly advise the OP to only use family sponsorship as a back up (particularly as there’s a risk Trump scraps it), and as well as his/her relatives petitioning, should try for OPT followed by an employment based visa.

If the answer is yes then of course that’s what you have to put. Anything else would be fraud and could result in him being banned from the US.

Initial applications aren’t being processed now due to the recent ruling on DACA. So it has to be a renewal, can you fight it? How late did you file?

It’s all a bit vague but obviously makes a heck of a difference if it’s dodgy/misepresentation in any way. The OP needs to forget about petitioning their kids, as Boiler said that’s the least of their worries. Sounds like a really good lawyer is needed.

What do you mean ‘not really correct? Was it from official sources but just had a typo or something, or was it fraudulent?

No worries, good luck. Hopefully you’ll get the invoice no. soon and can get the process started.

Much faster for a LPR to petition a child. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2025/visa-bulletin-for-february-2025.html

Exactly, the OP needs to clarify the situation. But either way the visa isn’t relevant!

Yes, my daughter’s hadn’t arrived by 90 days so we reported it and it turned out she needed to redo her biometrics. Usually once whatever the issue is is sorted, it’s delivered quite quickly.

Unlikely as it doesn’t come under one of the listed ‘exceptional circumstances'. But a consulate can accept a case under discretionary reasons so you can certainly ask, it’s worth a try. Good luck.

Does he meet the requirements for him to have become a citizen upon entry? If not, then when did you pay the green card fee and what does the online status say? It can take up to 90 days from the date of payment to arrive.

Just to confirm, this is spousal case and the petitioner is a US citizen?

I’m not Boiler. 😂 You can search timelines for any other non-immediate relative visas as they’ll be the same sort of time - just bear in mind there is obviously no way of knowing how things may change, and there’s a chance Trump will ban Nigerians again which may impact things.

It’s certainly possible, they’ve just warned you that this is your last chance. It’s a shame that your brother has had his move delayed, he could have had his visa years ago. Just a cautionary tale for anybody else applying for family members really, they need to be aware of the process and how it all works. Make sure you do your research going forward and do everything in a timely manner. Good luck.

Did you contact them when the PD became eligible for filing (5 years or so ago)? If so, what did they say then? You must have been sent the Welcome Letter but it probably went in to spam, you’re very lucky that they haven’t cancelled the whole application. Hopefully it’ll get sent to you again (it’s an email - both you and your sibling need to check your junk/spam folders daily) and then you can proceed. Unfortunately Lagos has a lengthy wait for an interview, so it’s probably a couple of years away unless things speed up.

Why do you think you need to extend anything? The visa was only for one time entry to the US, as long as he entered before it expired then it’s no longer relevant. As said above, he should be a green card holder or possibly even a citizen already.