appleblossom

Are you a US citizen? If so I think she was lucky to be granted a visa at all. She can certainly apply for another (if the wait is long it would be worth applying now to get an interview booked). Good luck.

You said ‘there has been no new rulings’ and I gave you the link to one that’s from 3 weeks ago. Feel free to read it or ignore it, your call.

17th Jan. Top of the page - https://www.uscis.gov/DACA

Congrats on sending the I-129F, I hope you have a speedy and uneventful process. But you might want to search the forum for info about the risks of doing an ‘unofficial ceremony’ before you plan it too much! Good luck.

Is the petition spouse a green card holder then rather than USC? Not sure what you mean by ‘mixed status’?

The easiest thing would be for her to spend less time in the US and then she can just use travel insurance. Honestly, your plan for her to spend so much time in the US is fraught with problems from taxes, to healthcare, and risking her visa being taken away altogether. It really would be far easier all round if you just rethink her intended travel pattern.

Impossible to say without knowing how long the I-130 took to be approved, and your date of birth. But you can easily work it out yourself, you need to look at when your PD became current on the VB, then subtract the amount of time the I-130 took to be processed from your age on that date. If you end up with you being under 21 on that date then you’d still be F2A. There are also online calculators you can use if you Google. Good luck.

NVC usually do, immigrant visas don’t schedule their own. But if you’ve been instructed to then just go with it - no idea why though!

It doesn’t have to be Chancery Lane, wherever is closest. https://ais.usvisa-info.com/en-gb/niv/information/courier_dropboxes

Why are you scheduling your own interview? The 11th is probably a cancellation, there is usually a longer wait if you have to schedule your own so I’d snap that up.

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.