jan22
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Posts posted by jan22
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If your son entered the US on an immigrant visa (IR-2), in the physical custody of the American citizen parent (you), and is residing with you in the US — he is now a US citizen under the Child Citizenship Act of 2000. You can take evidence of his entry as a US permanent resident and a completed passport application to a passport acceptance office and get him a US passport. Please do this for him before you make any decision about or take action toward leaving the US.
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There is often a big difference in doing a domestic adoption and an adoption for emigration/immigration. A domestic adoption may give the adopting parents legal parental rights within the country, but not meet the requirements for immigration to the US. If you haven’t already done so, especially if you are considering doing this yourself, you should spend time thoroughly reviewing the following information from the State Department:
In just a quick skim of this information, for example, I saw a requirement that may possibly be an issue for you. Under the “Who Can Adopt” section, it states that there cannot be a more than 45 year difference between the age of the child and the age of the adopting parent(s). Hard to tell about your wife without actual dates, but there was clearly more than 45 years between your age and the child’s age when the adoption was finalized.
The above information applies to a Hague Adoption Convention, which is the usual way to do an adoption for immigration from the Philippines. It’s clear that your adoption doesn’t qualify for immigration under the Hague process, but you need to be aware of the requirements because you need to establish that the Convention requirements don’t apply to your adoption. Once you do that, you need to follow the USCIS Family-Based Adoption Process which will include filing an I-130 petition for your child. (Note: The I-800A is used to determine that the prospective adopting parents are suitable as parents for adopting a child from a Hague Convention Country. This is not appropriate for your case, a domestic adoption.). Review the USCIS requirements to see if you qualify for an adoption for immigration under the Family-Based requirements at:
https://www.uscis.gov/adoption/immigration-through-adoption/family-based-petition-process and
https://www.uscis.gov/policy-manual/volume-5.
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You’re being a little coy about what might be the very reason for additional administrative processing. You have said a coupe of times that you sell and export “a common/commodity used in construction”. What, exactly, are you selling? And, to whom do you sell it? And, when you specifically say it is a “small business” but the “income is still high” — something doesn’t quite match. If you answered the questions the same way on your application and during the interview, it likely raised questions in the interviewer’s mind.
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The one year validity of the MRV fee refers to the time period in which you need to make am interview appointment. The appointment and interview do not need to be within the year of MRV validity — once you have the appointment made, the year counter stops.
According to the State Department website on Global Visa Wait times (last updated 1/7/2025), there was only a 4 day wait time for a B1/B2 visa appointment in Kingston.
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/global-visa-wait-times.html -
On 4/11/2025 at 9:10 AM, Boiler said:
Might come up but is shouldn't.
What shouldn’t come up?? The consulate obviously had doubts about the biological relationship or they wouldn’t have asked for the DNA.
Were you married to the mother of the two oldest and have maintained a father-daughter relationship with them? If so, you could petition for the 18-year-old as your step-daughter.
- OldUser, Lemonslice and TBoneTX
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Like most things in US immigration, it’s not nearly as simple as just filing a visa application. You can find general information about international adoption for immigration at the first link below. Thailand-specific information is in the second link.
https://travel.state.gov/content/travel/en/Intercountry-Adoption.html
It is likely that, since this will not be a Hague Convention compliant adoption in a Hague signatory country, the child will have to live in the legal and physical custody of the adopting parent for two years prior to being eligible for US permanent residency. -
Check the official information on bringing an animal into the US at https://www.aphis.usda.gov/pet-travel/another-country-to-us-import
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A good place to start is to review the State Department info at: https://travel.state.gov/content/travel/en/us-visas/employment/temporary-worker-visas.html
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4 hours ago, GC556t said:
yeah she need to have a waiver filed like 601 for 212 6ci in past which they will not give until spouse is GC so only option. We are planning to go first myself and kids and then once we get GC she can file for waiver after interview, at least that is the plan right now.
She should go to interview with the family as scheduled. Unless she is the principal applicant, the visas for the rest of the family can be issued and she can start the waiver process.
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On 3/29/2025 at 1:25 AM, JD2 said:
Isn't this what the NVC and getting DQ'd is for?
NVC reviews to ensure that you have submitted some documentation for all the requirements. They do not evaluate the quality of those documents, as they are not authorized/trained to adjudicate visas. They cannot review documents and determine, for example, that they are fraudulent. The final evaluation and acceptance of documentation is done by the officials at the interview.
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Similar efforts have occurred over the years in other aspects of consular processing — for example, applications for Consular Report of Birth Abroad applications — and have been extremely helpful in having an applicant ready with all required information at the interview and, therefore, being approved the first time an officer reviews the case at interview.
The ultimate goal is for an officer to have to review a case only once, thus freeing them for more cases, or reviews of cases that were previously 221(g)ed, or those that have finally cleared administrative processing and are ready for approval processing.
Ultimately, it should help reduce backlogs at posts — but that remains to be seen, depending on any new processing requirements that might be announced in the future.
- TBoneTX, milimelo, appleblossom and 1 other
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I am not familiar with Cairo’s current procedures, but I would not leap to the assumption that this is something to be concerned or panicked about right now.
When there is an officer review of the details/documentation of a non-immigrant visa case (which a K-1 technically is) prior to the interview, the officer usually either issues the visa or sends an interim refusal until the interview. The interim refusal may suggest additional information to bring to the interview. For example, if someone has applied for a visa under the Interview Waiver program and the officer decides that the person really needs to be interviewed, they will issue a 221(g) refusal and require the person to come in for an interview. They will tell the applicant if there’s a specific piece of information to bring with them.
It appears to me that what Cairo is doing is reviewing the case for completion prior to the interview, to help applicants come fully prepared with everything they need to bring. To document the review and what was requested, they issue the 221(g) sheet. Since none of the main areas were checked on the OP’s sheet as far as I could see, it seems to me that they were likely satisfied with the basic documents, but wanted to indicate that documentation of a solid, bonafide relationship is very important — probably THE most important part of the application..
NOTE: If someone has gone through Cairo for a K-1 visa recently and my basic assumption about their process is wrong, please let me know and I’ll reassess this response!
About asking for an earlier interview — the date you received is likely the earliest open date. Unless you have a valid reason (other than, of course, wanting to be together as soon as possible), it is unlikely that you will get an earlier date.
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1 hour ago, Kai!1 said:
Hello, I’m a naturalized citizen since June 2024. My 17-year old son immigrated shortly after and received his Permanent Resident card in December 2024. Given the current political climate, is it a sound idea to apply for his N600? He will turn 18 in January 2026. Thanks in advance!
Just to check —- you naturalized before your son immigrated, right? Did he immigrate on an IR-2 or some other immigrant visa? Is he in your physical custody (i.e., is he living with you)? If all of the answers to these are “Yes”, your son became a US citizen immediately after entering as a permanent resident to live with you (Child Citizenship Act of 2000).
I would recommend that you immediately take the evidence of
- a) your naturalization;
- b) his proof of entering as a legal permanent resident;
- c) documentation that he is living with you at the same address, and
and immediately apply for a US passport for him. It should be the fastest way to document his acquisition of US citizenship. After he has the passport, you can then always apply for a Certificate of Citizenship as a further proof in case the passport is lost, etc.
Goid luck!
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7 minutes ago, Nana Sakyi said:
But given that my visa class is F24, I’d have to wait years for my pd to be current? Or you think I’ll still have my interview scheduled regardless and the consular officer will make the final determination?
You need to work with NVC and convince them of your argument so they move the case forward to the Embassy — may or may not work out, but you need to try. This might be a case for lawyer involvement, as it’s a rather unusual situation for NVC (and the consular officer).
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Just a note — NVC does not have the authority to definitively decide on CSPA issues. They may make an initial determination to allow a case to move forward to interview, but the actual, legal determination as to the application of CSPA issues resides with the consular officer at the time of interview. The officer will decide the “seek to acquire issue”, which seems the biggest issue, IMO.
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17 hours ago, hplusj said:
Just MIL, which is why we're looking ahead. My step-DIL has his family there, and we hope he lives a good long while but we're attempting to prepare for when he leaves us.
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You indicate that you have no plans to apply to immigrate your husband’s step-father, but I wanted to share information that might be useful if the situation changes or for someone else who might be in a similar situation. Sounds like it would be unlikely that your husband would be able to petition him — the marriage to his mother would have had to occur prior to your husband’s 18th birthday. If not, her husband does not qualify for immigration as the step-parent of your husband.
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You need both. For more information on how/where to get what you need, check out the “Police, Court, Prison Records” information at https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Georgia.html.
- TBoneTX and American Husband
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The requirement was dropped for immigrant visa applicants as of March 11, 2025. See
https://travel.state.gov/content/travel/en/News/visas-news/cdc-removes-covid-19-vaccination-requirement-for-immigrant-visa-applicants.html . -
I’m sure you know this, but just in case…
You have no standing to apply for an immigrant visa for your MIL. Has your spouse completed the naturalization application and taken the oath of citizenship? If so, she needs to file the I-130. If not, she needs to wait until she’s a US citizen and then file.
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Have you read all the information available on the State Department’s website:
Urgent Immigration Situation – H1B expiry
in Work Visas
Posted
A couple of points for you to consider:
Consulting a really good immigration attorney with knowledge of changes of status and also DV timing/filing would likely be useful to you.