jan22

This is only the second business day since her interview.  Hopefully, you’ll see a change in the system soon!

14 hours ago, Family said:

It was always my understanding that a petitioner with plural marriages has to give up/ divorce all but one spouse. 

Because it would be difficult to otherwise prove that the wife left behind would be cut off from financial support, or any other marital ties. …or children born to the marriage. 
 

Was I wrong ? Can a  USC Muslim petitioner simply disclose he has practiced polygamy throughout his LPR , Natz and all I-130?

 

If so, then I was wrong….but am not convinced they could pull it off

 

 

9 FAM 302.12-2(B)(3)  (U) Distinguishing Current Practice from Advocacy, Belief, or Past Practice

(CT:VISA-2023;   07-08-2024)

(U) The applicant must intend to actually practice polygamy in the United States to be ineligible.  The applicant's mere advocacy of or belief in the practice, or the fact that the applicant in the past may have practiced polygamy, would not be sufficient to render a finding of ineligibility.  To sustain an ineligibility, an officer would have to find the applicant will maintain a married relationship with more than one spouse while in the United States.  If one spouse is traveling with the applicant while the other spouse remains overseas, the applicant is ineligible if you believe the applicant will continue a relationship with the left-behind spouse, such as visiting the spouse, providing financial support, keeping in phone contact.  If an applicant is legally married to a second spouse, but maintains no active relationship with that spouse, then that would not be practicing polygamy and would not sustain an INA 212(a)(10)(A) ineligibility. However, if the applicant is applying for a spousal-based visa category, the existence of a valid marriage may make them unqualified for the visa, even if they are not found ineligible under INA 212(a)(10)(A), as indicated in 9 FAM 302.12-2(B)(4)

 

https://fam.state.gov/fam/09FAM/09FAM030212.html

The key to the issue is in the first sentence of the FAM quote — it only becomes an issue in the US or for immigration if the intent is to practice polygamy in the US.  That usually only has an effect if there is an attempt to immigrate the second spouse (e.g., immigrate spouse 1, divorce them, “remarry” spouse 2, immigrate them, all live happily together in US).  No divorce of spouse 2 is required, but there should no longer be a spousal relationship. Technically, if that relationship with spouse 2 is maintained on trips outside the US, and that can be proven, there might be an issue.  Just like “intent is decided at the border”  for other issues, once the immigrant visa is issued and the person is admitted to the US, and naturalized, it becomes very difficult to prove the intent to practice polygamy in the US.
 

None of this is an issue for any biological children involved.  If they are his biological children, regardless of whom the mother may be (former spouse, current spouse 2 with/without an ongoing spousal relationship, child from an adulterous relationship, born out-of-wedlock — whatever), he can petition for the child(ren) without repercussions.

OP, to answer your question, you will have to prove — as does any parent petitioning their child — the relationship between you and each child.

6 hours ago, DELTAFOXTROT said:

For sure it is cleared by an American, this is the Philippines.  Thankfully last few weeks they are talking about WW2 rememberance and getting student visa to USA.   They will go into a stuff like pride month or silly stuff like the Ber months.

 

You can tell by the wording and some topics whomever runs the FB page for the US Embassy is non American, If I post something about the current president of the Philippines having an arrest warrant out for him in the USA and put a link it is taken down pretty fast, which is kinda funny.

 

From what I have seen is getting to an American inside the US embassy is rather difficult, you have to go thru non americans first, even doing a visa interview inside the US Embassy.

 

A few years ago I tried to go to the US Embassy and get a ballot to vote for the Federal Elections in 2018, the Philippines security gaurd didn't want me to go front entrance and kept telling me the Embassy was closed for holiday, I kept telling them the US embassy never closes.  Finally after ignoring them I got to the front entrance and was told the US Embassy was closed, I called their bluff and the finally handed me a phone thru a window and finally I was able to talk to an  American and they found me a ballot.

While this is far from the OP’s topic and question, I would like to address a couple of your statements that are not accurate, as they may cause future misunderstandings for others with other topics.

The “silly stuff” you mention is included to give people a sense of American culture and wide variety of interests, attitudes, and humor — as we all do in life, the Embassy FB page does not focus solely on “serious” topics.  
 

The Embassy FB page is 100% managed by an American officer.  They will take down any post that appears to be more about domestic issues than foreign affairs related or that has potentially sensitive information, including law enforcement issues.  And, anything with an outside link will be immediately taken down for cybersecurity reasons, as it could introduce a virus into the system.

Most importantly, US Embassies DO close for holidays — they close for all US federal holidays and the majority of the local county’s federal holidays, up to a total number allowed per year.  They may be open for a local federal holiday, if it exceeds the annual total allowed.  (They also close for the two days that are the “weekend” for the host country).  There is always a US officer on duty 24/7 for emergencies involving an American citizen (for example, the death of an American citizen, a crime involving a US citizen, etc) when the Embasst is closed.  It was almost certainly the duty officer you spoke with on the phone.  BTW, not all duty officers would have deemed your request an emergency and would have told you to return when the Embassy was open, unless it was almost the last day to get a ballot.

54 minutes ago, OldUser said:

You know this is punishable by law in the US?

 

Please go ahead, file the I-130s for them and brace for harsh consequences for committing bigamy.

Assuming OP is from a country where polygamy is legal, as long as he doesn’t practice polygamy in the US or try to immigrate the second spouse (assuming the wife in the US is wife #1), there will be no repercussions in the US.

OP — you need to file an I-130 for each child, assuming you did not meet the requirements to transmit US citizenship to them.

4 hours ago, toaosornotto said:

Will it help if the J1 program is well-reputed (think Harvard/MIT level, cannot give details in a public forum) and I am being invited instead of applying there myself? And is there a way the consular officer would know about the reason for not being able to immigrate?

It’s not a question of the quality of the host agency or the program.  It’s whether you meet all the qualifications for the visa — the main one of which is non-immigrant intent by planning to return home and utilize what you learned/gained in the US.  The J visa program is an exchange program with its purpose of sharing culture, knowledge, and experiences met by the J visa holder returning home to use those experiences and that knowledge.

The officer will most certainly know of the approved I-130 and will question why it was canceled — at which point they will ask you and you will need to answer truthfully.

On 8/30/2024 at 1:54 AM, toaosornotto said:

What is the source of the immigrant intent? Is it the I-130? Because my J1 was approved despite having an approved I-130 (preference category was F1). Or is it being CSPA eligible and having preference category IR2, which presumably should be fixed by withdrawing the I-130 and instead of adjusting status, coming back to the home country? I am just having a hard time understanding how one can have immigrant intent if you choose not to immigrate despite having the opportunity to do it? I have not filed I-485.

Just want to present something from a consular officer’s possible perspective.

Your last question, if I read your posts right, does not really describe your situation.  You are not “choosing” to not immigrate because you no longer want to immigrate.  You are dropping the immigration idea because right now you can’t meet the requirements.   It seems like, If you found a joint sponsor, you would proceed with immigrating.  It would appear to the consular officer that you merely dropped the IV petition so you would appear more qualified for a non-immigrant visa as you want to immediately return to the US and resume your life there.

The first JI was approved when you had a tears-long wait (for petition approval and the for a visa number to become available).  So, time to complete J1 your program, return home, and wait for the process to be completed.  You are no longer in that situation.

15 hours ago, DELTAFOXTROT said:

Nope, Cuz I see them get asked daily about why is it taking so long for a CR1 visa to get and appointment and the person has never answered that questions in years.  I always reply to them you should of done a K1 instead.

 

They do seem to mention the Allie and partnership the USA and Philippines have when it comes to military conflict with China, or trying to push Pride Month.

 

The US Embassy in Manila deals more with VA opening and closing, outreach etc, the only visa they ever mention is the Student Visa, I wonder if the person who is doing their FB account (The person isn't an American I can tell by what they post) is pushing these Student Visa.

You don’t know the number or topic of inquiries the Embassy gets…most do not come in via Facebook.  The Facebook account serves the entire Embassy and has to address US policy on a variety of topics.  They are unlikely to try to deal with anything involving immigrant visas , as they are very legalistic and case specific, rather than general information that all could use.

Whether the person doing the actual posting is an American citizen or not, I can guarantee to you that everything that is posted is reviewed by and cleared by a US officer from the Public Affairs office in the Embassy.

They “push” student visas because they constantly get questions about student visas and hope to get correct answers out so people don’t get bad information.

And, US colleges and universities want a diverse student population — it’s good for the educational program and the financial needs of the school.

2 hours ago, Boiler said:

 

CRBA would seem to be the way to go.

 

I simply do not know about the consequences of a USC obtaining a Norwegian Passport it seems they were not entitled to.

Although I’m not sure on what basis you concluded the children were not entitled to Norwegian passports*, the fact that they have them will have no bearing on a CRBA and/or a US passport application.

*Most countries that do not permit dual citizenship — which Norway now allows, since 2020 — do not recognize the second citizenship of a child born in their country and require documentation of them as citizens of their birth country, assuming they qualify for it.  At the age of majority in that country, they will require the new adult to make a choice and renounce the second citizenship.  That does not apply to Norway anymore, anyway.

4 hours ago, Nywoek said:

Maybe someone knows the answer to this, since I am talking about the kids and their passport anyway.

 

I looked it up, and I can get the kids a passport/do the notice if I get a notarized copy of their dads statement of consent. I think thats how he was planning on doing it as well. However, the american embassy in Norway is half a country away, and it would cost me quite a lot of money just to take the kids there. Now it just so happens they are going on a trip to that city with their grandma while I am away in the US visiting my fiance, and I did find a section saying this if neither parents can apply:

 

Submit a Statement of Consent: Form DS-3053 or a notarized statement from both parents or guardians giving that person (example: grandparent) permission to apply for the child. Include a photocopy of the photo IDs for both parents or guardians. If the statement is from only one parent or guardian, you must also show proof that that parent or guardian has sole custody of the child. Now I am wondering if I manage to get an appointment at the embassy and notarize both mine and their fathers statements, can their grandma bring them? There was mention of like institutions and such in the letter of consent, and that doesnt apply here, but I am still thinking I can? It would just save time, money and hassle if we can do this. I would call the embassy directly but they dont take calls about US services (madness), just about visas and such.. I also tried to email them a few months back and never got a response.

I doubt that this plan would work, primarily because without an already approved Consular Report of Birth Abroad (CRBA), the grandparents would not be able to provide proper information/documentation that the father transmitted his US citizenship to the children at their birth.  
 

The proper route is to get the US citizen father to prepare the CRBA application, which he will have to have notarized and sent to you for submission to the Embassy — along with the required proof of physical presence in the US — if he is not going to the Embassy to submit it himself.  Any chance he lives closer to the Embassy and would be willing to take the kids and apply for the CRBA while they’re with their grandparents?

Once the CRBA application is approved, you can apply for their US passports at the same appointment, as long as there is the written permission from either parent who is not present at the appointment.

5 hours ago, Edward and Jaycel said:

 

Apologies for my misunderstanding... This discussion was revolving around the couple meeting within 2 years of filing the I-129F so I thought you meant new, recent proof of relationship photos being filed with the DS-160. 

No worries.  I was responding to the second post from the OP where there was a question about a possible problem because of the potential that photos would be three years old at the time of visa interview.

2 hours ago, Edward and Jaycel said:

 

This is not true... The only thing you submit with the DS-160 is a digital visa style photo. You will bring proof of relationship with you to the embassy interview. We just did this a month ago and there is no way to submit anything with the DS-160 application other than the photo.

. ..

Not sure how this different from what I said, which was that new photos would have to be included with the DS-160 when it is submitted.  Not sure what it has to do with proof of relationship.
 

Yes, the photo submitted with the DS-160 will be digital — which only includes information on the beneficiary — as the whole DS-160 is completed and submitted on-line.  That doesn’t change the requirement for the age of the submitted photo.  The photo is supposed to be no more than six months old.  They will not/should not, therefore, use the photo already taken for submission with the petition.  

There will need to be new, recent photos included with the DS-160 visa application when it is submitted.  

Just now, Nous Eb said:

 

I did add "Unless you suspect a hard denial without it." But I never said anything about traveling anywhere I don't think? What do you mean by leaving the USA? OP is not in the USA, right?

The I-601A is a waiver of overstay for a person who is still in the US.  Assuming it is the only ineligibility, once it is approved, the person then leaves the US to attend their immigrant visa interview.  Their visa can then be approved as quickly as any other applicant and return to their family/life in the US without having to wait outside the US for a waiver to be approved.

Your situation, a missing medical report, is not comparable to someone needing a waiver for an ineligibility that results in a ban on entering the US.  The OP should not leave the US and go to the visa interview until the waiver has been approved.

On 8/21/2024 at 5:53 PM, Nous Eb said:

I went to my interview that I seemed to have booked way too early (luckily in hind sight since they moved the whole process from Amsterdam to Frankfurt. Germany just a little later!) and had to beg the healthcare center to let me do the medical before that but everything was so tight that the consulate did not have my medical in and I was approved pending medical. They took my passport and a week later my VISA was approved. I am not sure how long you are expecting that waiver to take but if you expect a short time and you can miss your passport for a bit, I would just go to the interview. Unless you suspect a hard denial without it.

Sorry, but this is bad advice.  An I-601A waiver is a pre-interview waiver of an overstay in the US.  If the person leaves the US before the waiver is approved, they will be denied at the interview and receive a ban preventing entry to the US of 3 or 10 years, depending on the length of overstay.  They would then need to remain outside the US that long or start the waiver process all over again.

The example is permission to travel.  Yours should also include a phrase to show it is travel for immigration purposes.  Doesn’t need to be more complicated than that.

You could pursue the case of your baby deriving US citizenship through the grandparents — but it usually takes as long as, or longer than, an immigrant visa and can be harder to document.

Prior to filing the I-130 with USCIS (preferably on-line), you should contact the Embassy/Consulate to see if they would accept your filing the I-130 directly with them under the exceptional circumstances provision.

21 hours ago, Boiler said:

I would go with a company transfer,, L Visa, much the quickest and easiest.

I have not seen anything in this thread that indicates she has the qualifications for an L1 visa, basically —

• working for a company with a US branch;
• working at that company at least one year out of the past three years;
• working in an executive, managerial, or specialized knowledge position.

Follow the information from the State Department.  It describes what the document should look like and where/how to get it:

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Brazil.html

If I understand your timeline, you’ve been married for almost 3 1/2 years and have spent a total of 9 weeks together after the trip during which you married.  Some questions come to mind.  If you don’t want to answer them here, fine — but still something to think about that the consular officer may have considered.  Nite that this is not a comprehensive list — it’s a starting point:

• Hiw long have you known one another?  How did you meet?
• How long after you met one another in person before you married?  Did you marry on your first in-person meeting trip?
• Do you have a significant age difference? If so, is that culturally acceptable in Gambian culture?
• Major difference in religion?
• Great difference in educational level?
• Language difference (I know the official language of Gambia is English, but still an important question, just in case.)
• Do either if you have children?
• Were either if you married before? Multiple times? International marriage requiring an immigrant visa?
• Were both families supportive of the marriage?

None of these issues by themself would be a problem; however, if many of them apply, taken together they may form a pattern cause concern about the validity of the marriage.  
 

I can almost guarantee that the issue was NOT the lack of a large celebration after the marriage.  People are married in simple ceremonies (civil and religious) without large celebrations all over the world and still get issued US immigrant visas.

5 hours ago, Crazy Cat said:

OK.  Thanks for the clarification. The wording does appear like I meant it was automatic.  I should have said "3. You would now fall under the F3 category". 

Exactly.  But not with the existing petition, as you listed later on in your response.

19 hours ago, Crazy Cat said:

 

My thoughts:

1.  You were an F2B when she filed the I-130. 

2. You lost that category when you married. 

3.  Now, you are an F3 category. 

4. Even an F3 priority date is not current.

5.  You will be denied at an interview next month.

6.  Your consulate needs to be informed that you are married, imo, so they can cancel the case.

7.  Mom will have to file a new petition.  You MIGHT be able to use the earlier priority date.  If not, you will have a long wait.

Others here might think differently.

First two pints are correct.  Three is incorrect.  When an F2B applicant marries before the LPR petitioner naturalizes, the petition is immediately voided and cannot be resurrected after the petioner naturalizes. Belinda63 is correct — parent must now file a new petition.

14 hours ago, SalishSea said:

What do you mean “the I-130 is for the baby”?  
 

 

I think this summarizes things for the OP:

• The two stepdaughters with approved I-130s finish the process and are issued immigrant visas.
• They enter the US — without the baby — and they become green card holders,  i.e., LPRs.  (Note: The green card processing fee must be paid to USCIS before the card is actually produced, but they will be in LPR status from the minute they are admitted to the US.)
• The baby’s mother can immediately (even the same day!) file an I-130 for the baby.
• While the I-130 is being processed and the wait for a visa number occurs, the baby remains in the home country.  (Note:  The baby’s mother can apply for a re-entry permit after entering the US to return to care for the baby, if she wants to.  The re-entry permit is for situations when an LPR wants to protect their green card status but must spend significant time outside the US.  It will allow an LPR to be outside the US for up two years without risking the loss of their LPR status.  It can usually be renewed for an additional two years, if needed.)
• Once a visa number is available — assuming there is already an approved I-130 by then — the immigrant visa process is completed for the baby.
• The baby enters the US with the immigrant visa and becomes an LPR.

24 minutes ago, appleblossom said:

 

I think the OP was suggesting adopting the baby as well - no idea if that's feasible or not though. 

Adopting the baby is not at all feasible, IMO.  Even if there is a remote possibility, it would likely take as long as it would take for the stepdaughter to enter as an LPR and then petition for the baby.

It would not seem possible for the US citizen to meet the requirements for adoption for immigration purposes, including those such as:

• Proving the baby is an orphan (he/she’s not); 
• Documenting that the stepdaughter is unable to adequately care for the child and has relinquished all parental rights (but then plans on immigrating to the same household as the baby?!);
• The adopting parent has had legal and physical custody of the baby for two years (baby isn’t even two years old, most likely — even if he/she is, the process for obtaining legal custody and then the  two-year clock hasn’t even been started yet);
• There is a complete and final adoption (hasn’t even been started, don’t know country involved, so don’t even know how feasible an international adoption would be or how long it would take.)
• Showing that the adoption is not being done solely to circumvent US immigration law (which it is, since the plan appears to be that the baby would still be in his/her mother’s custody and care while living with the “adopting” parents).

OP:  I’m sorry, but I see no legal means to do this other than the stepdaughter becoming an LPR and then petitioning the baby or your wife delaying US citizenship and petitioning for her daughter so the baby can be a derivative applicant on that petition.  

Adopting the children would have no effect on the results for the visas for which they would qualify and would add years to their cases.  Any petition filed by a stepparent or an adopting parent ultimately results in an “IR” (Immediate Relative) visa.  The result for the baby are the same — no derivatives, no matter what the IR category is, so the baby would have to be left behind.  Once the baby’s mother enters the US, she can immediately petition for the baby, but that will take 3+ years.  
 

While waiting, if she wants to return to care for the baby, to protect her own green card status the mother could apply for a re-entry permit once she has been admitted to the US and then return to her home country until the baby’s visa could be issued.  The re-entry permit is issued for two years and can usually be renewed once.  Certainly not ideal, as it basically delays your step-daughter’s US plans for 3-4 years.
 

I suspect the lawyer who advised you to ask/beg for a visa for the baby was suggesting you try to get a B2 visitor/tourist visa for the baby and then try to adjust to immigrant status once in the US.  That would not work for a few reasons:

• It is highly unlikely that any consular officer would issue such a visa, as it would be condoning fraud.
• Even if granted the maximum stay on a visitor visa (usually 6 months) the baby could not remain in legal status for the time needed for a visa number to be available for adjustment of status.  Once out of status (I.e., past the time of authorized stay), adjustment of status would not be possible.
• It could ultimately cause problems for your step-daughter if any consular/immigration official thought this plan rose to alien smuggling — assisting someone (the baby) to obtain an immigration benefit to which they are not qualified, whether the attempt is successful or not.  This is an extreme outcome, but it has happened.

Another possibility is that the lawyer suggested Humanitarian Parole, but that is not a visa.  It is an application to USCIS to request someone who is not qualified for a visa to be “paroled” (versus admitted) into the US for a temporary period because of humanitarian reasons.  However, the parole process specifically states that it is not meant to be used to replace normal visa processing procedures, so that route, too, would almost certainly not work in your case.