US Immigration from Ukraine

Hello All,

My wife's marriage based conditional green card (and her son's) will expire this coming September. So I'm starting to refresh myself on the what to start next. I understand we need to submit I-751 and it's associated evidence. My question is about her upcoming travel this summer. She is planning to visit her family back home June-mid August. Does anyone see a potential problem with this timing? I remember being called for biometrics appointments, etc. before the initial GC interview. I've told her to go ahead and buy tickets, but after thinking about things more, I'm a little concerned something might pop up that she needs to be present for.

Thank you!

All,

I am a US Citizen and my mother is currently in the US on a visitor's visa (B2). I am sponsoring her to become a permanent resident and as such, I have filed the I-130 online (back in March), and received a case number. Early this month (April), I submitted the I-485 package to USCIS but have not received NOA1 nor has the check for the filling fee been cashed yet.

Her I-94 is going to expire in 9 days and I am concerned that she will accrue unlawful stay until I get the NOA1 from the adjustment status application thus causing potential impact on her application's decision.

My question to the more senior members is, should I go ahead and apply for an I-539 - Application to Extend/Change Nonimmigrant Status to prevent an unlawful overstay accrual?

Thanks in advance.

I've called three doctors in my area, all three of them either don't do vaccines for someone as young as 4 year olds, or refuse to do just the vaccine portion of the I-693. A fourth doctor will do it but has to see the child first and then refer her for the actual vaccines. Is this common?

The instructions for I-693 clearly state you can do just the vaccines if you had your medical overseas less than a year ago but didn't get all the needed vaccines, but Civil Surgeons seem to not know that. I heard that it's best to do them in the country of origin to save on money, but I didn't expect it's because the Civil Surgeon would make you repeat the entire examination.

From the instructions:

Quote

If you were admitted as a:

1. K-1 fiance (e) or a K-2 child of a K-1 fiance (e); or

2. K-3 spouse of a U.S. citizen or a K-4 child of a K-3 spouse of a U.S. citizen; and

3. You received a medical examination prior to admission, then:

   1. (1) You are not required to have another medical examination as long as you file your Form I-485 within one year of an overseas medical examination; and

      (a) The panel physician did not find a class A medical condition during your overseas examination; or
      (b) The panel physician did find a class A medical condition, you received a waiver of inadmissibility, and

      you have complied with the terms and conditions of the waiver.

   2. (2) Even if a new medical examination is not required, you must still show proof that you complied with the vaccination requirements. If the vaccination record (DS 3025) was not properly completed and included as part of the original overseas medical examination report, you will need to have the Part 10. Vaccination Record completed by a designated civil surgeon. In this case, you must submit Parts 1. - 5., 7., and 10.

      of Form I-693.

I applied together for CR1/CR2 for my wife and her 9 year old daughter. We have just received the interview data from NVC for next month. However, the father of the child refuses to give permission for his daughter to leave the country, and we had our first court appearance yesterday to get the court's permission instead. We have no idea how long this process will take, but the next court date is set coincidentally a few days after the scheduled embassy interview date.

Should we cancel the interview and get a later date while we wait for this court case to resolve?

What will happen if we go to the interview without this permission from the court? Will both applications be put in Administrative Processing? or they will issue visa for my wife and AP the child?

I understand the medical exam determines the six-month clock for entry into the US...but what happens if the case sits in AP for six or more months while this court case is resolved? Do we simply take another medical exam?

Does anyone else have experience with getting this court permission if the father refuses?

Hello Everyone!

Somebody please explain to me what is going on with USCIS processing and approving K-1 cases that have been sent in September and November but earlier ones like August they have been ignoring. Our date that they confirmed and received was August 22, 2020. Why is it that more recent applications get approved quicker than ours.

Second question: We already sent inquiry for case outside normal processing time and they answered that there should be a response with 45 days. Is it true that if you constantly contact USCIS by yourself or approach your senator/congressmen, then USCIS delays the process even more or cast it aside. What would be the appropriate course of action to take if we did not hear anything past the 45 day timeline?

Feel free to share any of your knowledge or past experience!