SusieQQQ

It is technically, but no one ever suffers consequences when they are married to a US citizen. Unfortunately you will be prejudiced by the many others who do this.

You are aware it is likely to take 15 or more years before she gets a green card via F4? Speaking from personal experience, someone who shows ties to home shouldn’t have a problem visiting the US in the interim with that kind of long-term petition.

Um, because they are in the city where the consulate is? Why would you think consulates don’t have services for citizens, especially countries where there is quite a distance between cities. I’ve never been to the embassy in SA because they don’t do visas, only the consulates do. I attended visa interviews at all 3 consulates at different stages and the above scenario played out every. single. time. Can’t imagine the embassy making someone take a 2 hour flight + 45 minute drive to the embassy because the person lives in Cape Town and they would only help citizens in Pretoria. Remember very many countries are bigger than the UK. edit: actually, I remember I have been to the embassy in SA, but that was for some cocktail party to do with economic relations between the two countries so it doesn’t count for this discussion lol.

Based on my memory of various queues at various US consulates us muggles waiting in line for however long someone comes to the front of the line, flashes a US passport and in inside in 5 seconds

They may need more than a phone call, after all anyone could be on the other end of the line. Citizen services would presumably help if they needed to. I can’t imagine anyone at the embassy wants to see someone get a visa under false pretenses.

Normally they would always allow access to a US citizen who needs to talk to an official. Obviously, make sure you take your passport as ID. If i were you I would go before Thursday.

Well, let’s look at this logically. Will it really be 2 years? Once the petition is approved, it goes to NVC. Current NVC time frames are (1) one month for case creation and (2) about 3 weeks for document review (see https://travel.state.gov/content/travel/en/us-visas/immigrate/nvc-timeframes.html ) So if OP has all his ducks in a row with documents ready to go etc , that takes him to about 9 months from filing if uscis is indeed 7 months. Then it depends on how long the queue for interview at the embassy. Is Algeria really 1 year 3 months to get an interview from DQ?

CR1/IR1 will always have precedence over F2A, there is no scenario I can think of in which upgrading the petition is a bad idea - not that you actually have an option , you have to make the change when you become a citizen. I can think of situations in which not upgrading is a bad idea, including the possibility that F2A retrogresses priority dates. edit: the embassy in Algeria also explicitly notes it prioritizes immediate relative cases https://dz.usembassy.gov/visas/immigrant-visas/

I’m done wasting my time here. good luck.

I feel like you did not actually read the previous two answers I posted. I have nothing to add to those.

Answers that were based on the understanding that it was your son and that it mattered when you got citizenship. If it’s not your biological son, it doesn’t. Other answers might change too. Annoying to have wasted time here. Good luck with everything though.

Why wouldn’t it matter? A citizen can sponsor an over 21 married child for a green card. Bottom line is if they ask for a birth certificate, they want a birth certificate.

She can also submit the application with the documents she has now, and upload a proper birth certificate later.

There ate a few threads on VJ discussing some of the larger embassies, a search in some of those might shed some light for you. But short answer is for the most backlogged embassies, yes the wait is longer than a year.

You misunderstand the process. The visa bulletin is not used by embassies to decide to schedule. It shows when limited categories have visa numbers available - at that point the petition is able to have an interview set . Because IR petitions always have visas available, NVC goes directly to the coordinate with embassy step for interview once they are done with the petition. Interviews are generally scheduled in order of DQ date, so the fact that you’ve been waiting since June is likely just a reflection of the current backlog at the embassy. Having a visa number available and getting to the front of the interview queue are separate things….

The best option is you apply for your parents, when they get their green cards they apply for your sibling as F2A minor child of LPR. Each process will probably take about 2 years. They cannot bring a derivative on an IR5 visa, and a direct sibling visa is probably going to take 15 years+.

So how do you interpret the quote from the OP?

You can be sarcastic about detective work, but details like this matter for getting correct answers to immigration questions.

So (1) yes it’d probably be refused for immigrant intent (2) uscis processing time for e-visa filings is currently 8 months and that excludes getting an interview at the embassy so that’s not really going to save you any time anyway.

She can theoretically, however it’s generally not recommended because the uk embassy will be far less able than her home country embassy to evaluate her ties to home, so chances of denial are higher. officially: You should schedule an appointment for your visa interview at the U.S. Embassy or Consulate in the country where you live. You may schedule your interview at another U.S. Embassy or Consulate, but be aware that it may be more difficult to qualify for a visa outside of the country where you live. https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html

It’s confusing to me why if the parents are married, the mom is also a citizen and the dad is (apparently) living in the US, the minor son is only here on a visitor visa. That was why I assumed the parents were not together, especially when he said he could “get” permission from parent 2. The description of the situation doesn’t make sense to me unless parent 2 is not resident in the US, although there could obviously be scenarios I haven’t considered (such as the son has been living with other people).

OP seems aware of that and is trying to determine whether he can qualify under the “spouse of” allowance: @jan22 you are always reason well, would you agree that the technicality of the US being part of the treaty - see sentence highlighted in red above that is the crux of OP’s question - does not count for this purpose?

Not by you lol

Ok, i was answering what OP was asking.

OP was asking if he could qualify for the E2 on cross chargeability rules (even though he didn’t phrase it that way) because his wife is a citizen of the US. Not sure what question you were answering.