appleblossom

So has the I-130 been approved? I thought from your first post it hadn't been approved yet, and the consulate isn't relevant until you actually apply for a visa and the case is passed to them. So exactly what stage are you at? You might need to send it to NVC or the consulate or USCIS - but it will depend on whereabouts you are in the process.

I doubt it. You're just in a big line unfortunately, I don't see how a consular officer could help you jump to the front of it.

Ah, ok. I hope your lawyer didn't send the I-129f to the consulate then as that would be the wrong place! It goes to USCIS too. You can't get approved for any visa if you have a bar, and the I-212 won't be done by the time you have your K1 interview (approx 3 years processing time last time I checked - even if that speeds up it won't be as quick as the K-1 application). So it'll be a case of going to the K-1 interview and being refused, then waiting for the waiver. No idea on your approval chances as it will depend on the case your lawyer has put together and the grounds you have. But best of luck to you both.

So have you already got an approved I-129f, and you were refused at the visa interview at the consulate? If the bar started was a year ago then you won't be far off it ending anyway if current processing times remain as long.

"I would like to contact NVC to keep my immigrant case active. To keep your case active, do not let more than one year pass without contacting NVC. To do so, you can submit fees and/or documents through the Consular Electronic Application Center (CEAC), https://ceac.state.gov/iv. Each time you access your case in CEAC, your contact date will be updated. If one year passes from the last date of contact with NVC, all submitted fees, forms and documents will expire, and your case will begin the pre-termination process. You do not need to contact NVC to keep your case active if you have received notification your case is documentarily complete." From this page - https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing/helpful-hints-iv-processing.html

That's odd, you should have had it ages ago. What does the online status say? Have you contacted NVC to ask?

**Thread moved to Taxes & Finances sub forum, as it's not an AOS related issue.** You just need to give the reason she didn't have to file taxes. Being outside the US isn't relevant as LPR's (and USC's) must file taxes no matter where they live if they are required to, so just give whatever reason she didn't file i.e. earnings were too low.

You have to wait until you're contacted by NVC with the 'Welcome Letter' (which is actually an email). At that point you pay the fees and start the process to become DQ'ed. The whole process is set out step by step on this website - https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing.html You're at step 2, waiting for your PD to become current. Once it's current on Table B on the Visa Bulletin (that date is currently August 2023 for your category, so a year ahead of you) you'll be contacted to start the NVC process. Best of luck and please do fill in your timeline to 'pay it forward' and help others in return. Thx.

And the travel insurance were made aware it wasn’t a vacation and she had moved with the plan of staying permanently? Normally they wouldn’t cover somebody in that scenario so that’s very unusual. Congrats on the interview, hope it goes ok.

You specifically said it asked you to list schools you've *attended*. Hence my response. But your call, I don't think it matters either way. But whatever you do, don't use Chat GPT for immigration info, it's utterly useless!

So if they ask you to list all the schools you attended, why is this college relevant? As you say, you didn't attend it! I agree with the above, just put HSD.

They'll be sent a full checklist when the interview is scheduled, but all of the info about required documents is on the usual website - https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-10-prepare-for-the-interview.html Just make sure you look at the consulate specific page too. If your parents are interviewing in Lagos as per your timeline then they're a long way off the interview, so I'd wait until nearer the time in case any of the requirements change. Don't start gathering documents yet as they will likely need to be replaced/updated by the time the interview rolls around. Good luck.

Has she been filing her US tax returns?

Sorry to hear of your loss. Have you informed USCIS of his death with a copy of the death certificate? Are you in the US or elsewhere?

Do you have a link to that info? I know a couple of people who've been admitted for less than 90 days under ESTA, the date stamped was their return flight date so they couldn't change it and stay longer.

I think that's the OP's conundrum though, they say they're going to have to use their GC because of the Real ID rules. But definitely probably easier (and cheaper than the I-90 at $600ish!) in the long run.

Not sure you can tbh. You would normally file a I-90 (be aware that they are taking 2+ years at the moment so it won't be a quick process) to change the name on your GC, but you do need to provide evidence of the name change i.e. a marriage certificate or divorce certificate. If you want to go back to your married name but you're not divorced, I've no idea what you'd provide. Have a look at the I-90 instructions and see what they say. But do you really need to change it? After all, if you fly internally all you need to provide is your GC, you don't need a passport as well, so it probably doesn't matter if your name is different - just make sure you book the ticket in the name on your GC.

Do you have assets in Nigeria by any chance?

Congrats! If she can’t currently meet the financial requirements, and you can’t find a joint sponsor, then there doesn’t seem to be any option other than waiting until your wife can work again then. I assume she doesn’t have assets in the US she can use? FWIW, I don’t think it’s ’excuses’ that people are giving you if they’re declining to be a sponsor. It’s a huge financial obligation you’re asking of them, potentially for life. I certainly wouldn’t even consider it for anybody other than a very close family member.

Your spouse may have to return to the US and starting working there to meet the financial requirements.

Just to confirm, your spouse is a US citizen?

All the time. My daughter lost her GC and so has to travel using an ADIT stamp. Every single time the airline staff in the UK have to phone CBP to ask if they'll let her in as they never know what it is!

You can try, and also contact the consulate and point out that he shouldn't have been refused a visa as he didn't age out, and it is their error. I wonder if perhaps they misclassified his case as F2B so thought his PD wasn't current, but if you didn't check it there would be no way of knowing for sure. Contact NVC and the consulate urgently, and if that doesn't work you'll need to file to reopen the case, I think it's a I-290B that you'd need to do, but I'm tagging @family as they are the pros for this kind of admin error.

No, there's no way it should have been delayed like that. It was current when the I-130 was approved, so should have been sent straight to NVC and his visa application should have been done in 2022. What does the status say online, and did it say F2B or F2A? Did you chase it up at all in 2022/2023? Double check the dates and that it was current back in 2022, but I think I'd be consulting a lawyer.

So working it out exactly, and if my maths is correct (it's atrocious usually, so please do double check the below!) - Petition took 1 year, 5 months and 11 days to be processed, so he was only eligible for a visa under F2A if his Priority Date became current before 2nd April 2022 (as that was the date his 'calculated age' went from 20 to 21, meaning he was no longer eligible as the under 21 child of a LPR). But looking at the Visa Bulletins from early 2022, his category WAS current. Are you absolutely sure that his I-130 was approved in December 2021? His case should have been sent to NVC immediately if so. When did you receive the Welcome Letter from NVC asking you to pay the fees etc?