SusieQQQ

oh no sorry… I looked at the wrong table…my bad … well, hopefully next fiscal year (October) it moves

@LeanneT did you see the latest bulletin? You’re current! It just jumped by like a year. That means you can file the expedite request (well technically next month only). Please be careful about how you phrase the reasons, and good luck.

You seem to have left out that there is a spoken test too. (The reading and writing is only one sentence each.) The bulk of the spoken test is actually the discussion about the answers in the form. And we’ve seen people here before fail the English test despite passing civics for this reason. Definitely, he should enroll in a local civics/ESL for citizenship course, but part of the test prep should also be going through the n400 form and dad’s answers, ensuring he understands the questions when repeated to him verbally and that he can discuss anything around them that might need to be discussed.

those chances are probably pretty much the same regardless of entering on VWP or a visa, though. We’ve seen cases here of people refused entry on both. As for consequences, they range from just having to note something on future forms to entry bans, though the latter normally require that CBP has found actual evidence or has very strong reason to believe that the applicant intends to overstay.

USEM afaik is a common term for many US EMbassies anyway your embassy does include a photo on its list of requirements for a visa https://www.ustraveldocs.com/ph/ph-niv-typeb1b2.asp#supportingdocs suggestion remains, contact them to confirm whether or not they need your passport, if it’s as urgent as you suggest why you would risk following incorrect advice from a forum? Contact details here https://www.ustraveldocs.com/ph/ph-main-contactus.asp#contactinfo Tbh, much more likely to get a proper answer than hoping someone else at the same embassy who had an emergency appointment and forgot photo is likely to read this.

But it’s an emergency visa, not a travel document. I’ve never heard of a US visa that is standalone from a passport. In any case OP should confirm with the embassy. They have given no clue as to which embassy it is. (The comment about no photo taken in the interview was odd too, the standard requirement is that you provide photos when you go to the interview, or at least it was the last time I did this.)

That’s highly likely, as we’ve said. But a number of us would give it a try anyway because of the cost vs the benefit of doing so in the case that it isn’t is worth it. Up to you if you don’t even want to try.

The first quote was not from an official website. It tries very hard to look like one, but it’s not.

The primary beneficiary needs to go through the entire visa process and enter the US on their immigrant visa either before or with the derivatives- only at that stage do the derivatives get their own green cards. as above, they will have a long time to wait anyway. May as well file, only need to decide a decade and a half or so down the line when their priority date gets current. How old are the kids?

But the prior overstay wasn’t on VWP, it was on J1. And no, you don’t get to decide that the clause is broader than they say lol. They specified VWP, so I assume that is what they mean. If they wanted to say any overstay they would have said that. So I am still waiting for someone to produce something that says OP is ineligible for ESTA because of a J1 overstay. I agree it will likely be very difficult, but that is not the same thing.

I’ve seen people state this before but I’ve never seen the actual clause in a DHS publication that says so, can you point me to it?

So you would have had a ten year bar but the period is over now. I’d agree probably best to just try for a B but what the heck, an ESTA is a few dollars and a few minuets to apply for, no? Id probably try anyway if it were me. There is an 80 day wait time for B visa appointments in Copenhagen but you don’t sound in a rush so that wait time is probably not an issue for you

Agree about bullying/ coercion but then again, such conversations often have more content or context than the very brief summary we got here. (Though we did get a hint of possible context being the wife wanted a proper permanent home to move into and OP seemed to prefer a more temporary rental situation, one can see OP’s side but one can also certainly read between some lines there to see the other side) Regardless - as others have mentioned, this doesn’t fly as abuse.

There is also an issue with people here saying “oh of course you can adjust from VWP” when not everyone can. We’ve seen a couple of posts before where LPR spouses have been refused at interview after thinking they can adjust from VWP/overstay because most posts here are IR and it’s ok, so they think they can do the same. and then get a nasty surprise.

How long did you overstay for and how long ago did you actually leave? a lawyer will likely just be a waste of money. You can try apply for ESTA assuming you’re from an eligible country, will likely get refused and need to apply for a B. What is your home country?

You know the evidence you have and the details of your relationship/marriage. I have no idea what they will or won’t ask you, it will depend on how they perceive your case. Although the DS260 implies you can choose where to be interviewed, regardless what you put in there KCC will assign you to the embassy or consulate that deals with residents of your current address as listed. If you are worried that you cannot speak good enough English or don’t know the official language where you will interview, you are allowed to bring an interpreter. If you want the interview in your home country you need to have an address there to list as current so that KCC can use that to assign you.

1. There’s nothing you can do about a lack of photos. You will have to find other evidence to prove it is a genuine relationship. 2. KCC will assign you an interview location based on what is listed as your current residence in the DS260.

The law does actually say you cannot adjust status from VWP. There just happens to be an exception to the law for IR cases. The extract you quoted there deals specifically with VWP overstays for IR, not the general principle of adjusting from VWP. From the actual uscis memo on the principle of adjusting from VWP: https://www.uscis.gov/sites/default/files/document/memos/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf INA section 245(c)(4) renders aliens admitted under the VWP ineligible to adjust status to that of a person admitted for permanent residence. This provision, however, includes an exception for immediate relatives of U.S. citizens.Thus, an individual admitted under the VWP who is also an immediate relative is not precluded from seeking adjustment of status, even after the VWP period has expired. The last sentence in the paragraph deals with the overstay issue that you highlighted, but that is not the same as recognizing that the underlying principle is one of prohibition with limited exceptions (just like IR are exempt from other bases of AOS ineligibility that everyone else is subject to).

Only for IR categories.

That’s good to know, not sure it helps the expedite case though tbh. Anyway …All you can do at this point is wait, and hope things go quicker from here. Good luck.

Your sister will take 15-20 years. It will be a bit faster for your parents to apply for her as over 21 child of LPR, once they have their own green cards (about a 7 year wait at that stage; she’ll have to remain unmarried for that route though.)

It’s moved 3 weeks over the past year. Could still be a year or two before they get to your number depending on how the backlogs go. PS my old F3 date was Dec 2008. I’ve been watching this movement thankful I had an alternative. I can understand how frustrating it is to be apparently so close and just not quite getting there.

I’m curious if your mom in law is sponsor and this ill, and apparently no spouse to look after her - is she working? I think the income requirement is something like $65k to sponsor a family of 6 if there’s only one person in the sponsoring household. She’s ok to earn that despite being so ill?

They can’t expedite before the priority date is current. When they are able to expedite, and if the expedite case is successful, I can’t see any point in them granting a visa only to the principal applicant and not the derivatives in the case. All they would be doing would be creating extra work for themselves having to have at least two interviews instead of one for the same visa number. Have you ever heard of a case like that? I haven’t.

When in 2009 is your exact priority date? I assume you are aware that F3 has been at some date within Nov 2008 since the July 2021 visa bulletin, and in the year prior to that it had moved 6 months’ worth of PD. Hoping it’s going to suddenly speed up doesn’t seem a good strategy, given the backlog /wait from covid and given that F3 is quota-limited each year.