2024 I551

Filed Oct 8, 2023. Under active review since Oct 18, 2023. Estimate says another 6 months which we know means nothing. Bottom line, it is taking over a year just for I-130

I filed October 8th, 2023, my estimate is saying another 9 months

Agree about time estimate. When I filed last October 2023 it said 4 months which went down to "taking longer than expected". Now 9 months after filing it estimates another 9 months.

I started this thread after filing on Oct 8, 2023, and have been under active review since October 18. The initial four months processing time estimate passed and now it is "taking longer than expected."

Timeline varies depending on which consulate/embassy will be conducting the interview. Currently, the wait can be months to years.

So, there must be a US address connected to the bank account and credit card. She will need to take steps to establish US domicile. Might as well start now.

Petitioner needs to be domiciled in the US, before a visa is issued, so put petitioner's US address if there is any.

Interesting. I didn't know that, but I can see why they would make this an issue in Canada. It appears they are allergic to people obtaining a green card with no serious intention to live in the US. The fact is that a lot of people worldwide want a green card with no actual desire to live in the US, as it is a well-respected immigration document that makes travel worldwide easier and facilitates obtaining visas to other countries. The rest of the world doesn't really care if the green card holder actually lives in the US, but as soon as they see the document, they place that individual in the green channel for travel purposes. Instead of a one-month Schengen visa, they will be issued a 3-year multiple entry visa. UK will happily grant them a 10-year multiple entry visa and so on...... Of course, it would be far more ideal if one could travel on a tier A passport, but absent that a third world passport holder can really benefit from a green card in terms of travel ease. Of course, Congress could revamp the immigration system and make it less skewed towards family-based immigration, but they have failed to do so in the last few decades despite some debate. So, with family-based immigration being the easiest route to a green card there will always be people who want it, but still want to live abroad. Hence, the consular officers act as the policemen denying people an immigrant visa who do not seriously plan to immigrate. This indirectly helps the endless queue of people who are actually waiting in line to immigrate and move to the US. FWIW, in adjustment of status (I-485) spousal applications, the domicile issue is non-existent.

This is an extremely hairy area. I have been on the wrong side of it in the past. I am talking about intent to re-establish domicile. According to the manual it is enough that the US petitioner agree to accompany the spousal beneficiary to the US after issuance of immigrant visa. But in practice, in the middle east and Asia CO's routinely use this as a reason to create obstacles and can really require you to jump through the hoops, including requiring the US petitioner to relocate first to the US and establish domicile before the immigrant visa is issued to the beneficiary spouse. The CO ultimately has huge discretion on whether or not to make an issue of this. So, the fact that you are in London, and further if you are white, you may have no issue whatsoever. The NVC, is not the problem, as any minimal evidence of US domicile will satisfy them. It is at the consular interview where this may or may not be raised as an issue by the consular officer. Interestingly even sufficient liquid assets/passive income and property in the US will prove to be not enough if the CO determines that the US petitioner is in fact living abroad and must re-establish ties to the US before a spousal immigrant visa is issued. So, if you want to be on the safe side, I would have US financial accounts, W2s, tenancy contract/mortgage, utility bills, voter registration, and if you have kids, evidence of enrolment efforts in school. But if you want to take your chances in London, frankly I wouldn't bet against a successful outcome. Worst case scenario they will issue you a 221g and ask you to provide above things.

I suspect you will need to do better than that in your I 864 particularly in a consular processing case where they tend to scrutinize matters even more so than a similar category adjustment of status case.

She could apply for a B2 tourist/pleasure visa. Philippines nationals can be issued a 10-year multiple entry visa if they can demonstrate non-immigrant intent. On each entry to the US, B2 visa holders are routinely granted an entry for 6 months.

Probably not, at least not without sending you a request for evidence first. They should give you an opportunity to present further evidence to clear any doubts they may have about the bonafides of your current marriage. I assume you did submit a divorce certificate of the previous marriage with the I 130 application.

Yes, my case is also showing as under active review since October 18, 2023. and my estimated time to decision has dropped from 7 months to 4 months now. But based on what I have read in this forum these updates mean nothing. Also, literally daily (too many times to count at this point) I get an email saying an action has been taken on my case, but I see nothing when I log in. Must be a bug, or they are touching my case every day.

The Embassy will not hold the passport unless they are imminently going to issue the visa, i.e. in a matter of days. So, in your case with medical pending they won't keep the passport. However, at the medical I would think you can present any alternative form of government issued ID instead of passport.

It seems they will accept her immigrant visa application on the date of interview, and you may mail in the medical later.