SusieQQQ

Yeah so it’s just around a year and a half, so basically anyone older than around 22 1/2 when their priority date becomes current won’t be eligible.  F4 is current for July 2006 as of now so it’s probably a good while still till the PD becomes current too unfortunately- the younger two should be fine, the 1998 one will probably be borderline and exact dates will matter then. 1996 has already aged out.

Yeah, like people feel the need to consistently trot out tired old tropes that paint all non-western countries with the same brush In response to everything. Boring. 

Not sure where best place to post this is, I have not seen it posted elsewhere yet (apologies if I missed it and this is a duplicate) - PCC validity is now extended to two years from one, and updated as such on all DoS pages example https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-5-collect-financial-evidence-and-other-supporting-documents/step-7-collect-civil-documents.html
 
Important: Police certificates expire after two years, unless the certificate was issued from your country of previous residence and you have not returned there since the police certificate was issued. If at the time of your interview the following three items are all true, you must bring a new police certificate to your visa interview:
-You are more than 16 years old;
-The police certificate submitted to NVC was obtained more than two years ago; and
-You still live in the country that issued the certificate.
 

Excellent! 

They are citizens automatically. You are not applying (via n600 or passport) for them to become citizens, you are applying for proof that they are already citizens. (The n600 instructions also make this clear), I suggest you apply for their passports now. You will get them well before you travel.

So next step is to try find an employer prepared to sponsor you. I don’t believe there is a shortage of HR professionals in the US so it may be difficult to suceed (I am assuming you have looked at the links I gave you earlier and therefore that you understand what the labor certification process is). The visa process is done by the employers lawyers, not by you.
 
Correction, the DV lottery requirement is high school OR two years work experience at a fairly high level (the kind of jobs normally requiring degrees). It is certainly an option for OP though, the Dv2023 entry period should open in a couple of weeks’ time.
And you do not need to be single for a sibling visa! 
 
Contract work is not going to get you a work visa 
 
 

So have you followed the instructions above and given them these details they asked for in the inquiry email?
 

Agree with Adventine. I think (1) spouses often threaten and sometimes (we have seen them on VJ) even actually believe that because they “got” the spouse the green card they can get it taken away; and (2) a number of people come from countries where spouses can indeed get residence taken away, especially if the sponsored spouse is the wife. What one person calls “common sense” may be very different to a person who doesn’t understand the different contexts.

No, no, no, no.  
 
You have a ten year green card? Divorce him and move on with your life, wherever you want to be. After you’ve had your green card 5 years you can file for citizenship without needing to be married.
And this needs to be somewhere in the top 3.

Answering yes to that question doesn’t create a petition for the son. If you are a citizen and sponsored your husband under CR1 or IR1, then there needs to be a separate petition filed for the child. This can be either you filing an IR2 petition for your stepchild  (assuming child is under 21) or your husband filing F2A; it would be preferable for a number of reasons for you to file IR2, including priority of such petitions, no quotas and no risk of aging out once filed.

My reading of the Dept of State manual is that you can still get this sorted out after she is admitted, because you were married before she enters the US:
 
https://fam.state.gov/fam/09FAM/09FAM050201.html

9 FAM 502.1-1(C)(2)  Derivative Applicants/Beneficiaries
 
Derivatives – Overview:  A spouse or child acquired prior to the principal applicant’s admission to the United States or adjustment of status to that of a Lawful Permanent Resident (LPR), or a child born of a marriage which existed prior to the principal applicant’s admission to the United States as an immigrant or adjustment of status, who is accompanying or following to join the principal, should be accorded derivative status under INA 203(d). …
 
(2)  Following-to-Join: 
…
(b)  Spouse or Child Acquired Prior to Admission of Principal Applicant:  A spouse or child acquired prior to a principal applicant’s admission to the United States is entitled to derivative status and the priority date of the principal applicant, regardless of the period of time which may elapse between the issuance of a visa to or admission into the United States of the principal applicant and the issuance of a visa to the spouse or child of such applicant and regardless of whether the spouse or child had been named in the IV application of the principal applicant….

 
 

Not just Philippines https://www.bbc.com/news/world-europe-57358241
 

No way of us knowing if it’s enough evidence. If it isn’t, you’ll get an RFE.
The cost is the cost, there is no family discount for USCIS. Given the scarcity of evidence you may decide to file one to see if it’s successful/if there is an RFE and if so if you can get what they want, then see if it’s worth filing for the others.

and please, don’t let her do this again. If her flight was delayed and she did leave the next day - despite it being out of her hands it is a verified overstay in that situation. She should always plan to leave at least a couple of days before her i94 expires, because stuff happens…weather, technical problems, etc.
 
 

No way of us knowing if it’s enough evidence. If it isn’t, you’ll get an RFE.
The cost is the cost, there is no family discount for USCIS. Given the scarcity of evidence you may decide to file one to see if it’s successful/if there is an RFE and if so if you can get what they want, then see if it’s worth filing for the others.

This sounds more like a family decision issue than a visa issue. Your MIL clearly does not want to uproot her life to come and look after the newborn and that’s her prerogative. You don’t want your wife and son to go for an indeterminate amount of time to Vietnam - also a completely understandable position. Maybe your option is to hire a nanny full or part time to help for a bit if you need extra help with the new baby and want everyone to stay in the US. 
 
Btw: if the baby is born either to a USC (you or your wife) who can pass on citizenship or to a lpr who brings him/her back on their first return to US before the baby turns 2, no there is no hassle bringing the baby back. 
 
 

It’s fine, she should have proof of reasons to return home. Bear in mind though that while entry is usually granted  for 6 months, sometimes it’s shorter so I’d suggest an air ticket that doesn’t have large change fees in case she only gets 3 months. 

Is your employer cap exempt? You seem very sure of being able to get an H1B through them.
 
So here’s the thing, if your spouse starts the green card application while you are on F1 (and assuming you maintain that status), you cannot leave the US without first getting an advance parole document or you will be deemed to have abandoned the adjustment case. Plus, when you return on AP, you are paroled in and no longer on student status and unable to do those things you could before (unless you also have an EAD by then)
if you are on H1B, you don’t need advance parole as it is a dual intent status. You can leave without abandoning the adjustment case. The catch here is that while you can leave & return on H1B and maintain that status, if you get the H1B in the first place by changing status in the US, you will need to get an H1B visa stamp at a consulate before you can return to the US on H1B. If your travel is for work, it may be tricky to figure in a consulate visit especially if not your home country ti get that done' but that totally depends on individual consulate appointment availability.

Why would it take weeks? I’m amazed at how much paperwork you seem to have had. What “pile of stuff” are you talking about, exactly? In addition to originals of the few things that were uploaded as requested by the system, I brought my tax transcripts and passports. That’s it. What else is needed? Hardly a pile of stuff and hardly taking any time to go through. Are you maybe talking about  a case based on 3 year rule where you have to prove a zillion things about marital union? Doesn’t apply to OP. I know people who have gone same employment route as OP who haven’t uploaded anything in advance and been approved same day. Simple letter from employer in addition to the stuff I mentioned. So yes let me amend what I said and point out that if you expect to arrive with a “pile of stuff” at the interview that might take the IO ages to go through, you should upload in advance and hope that your IO finds time to look at it in before the interview. For straightforward non 3 year rule cases I honestly can’t imagine why you’d need that much paperwork that the IO would be unable to spend 5 minutes looking at in the interview. 

If mother doesn’t want to be “brought over” then visa discussion is pointless anyway. 

Visa interviews are open now! For March, April, and May 2023. Hurry and good luck. 

If mother doesn’t want to be “brought over” then visa discussion is pointless anyway. 

This sounds more like a family decision issue than a visa issue. Your MIL clearly does not want to uproot her life to come and look after the newborn and that’s her prerogative. You don’t want your wife and son to go for an indeterminate amount of time to Vietnam - also a completely understandable position. Maybe your option is to hire a nanny full or part time to help for a bit if you need extra help with the new baby and want everyone to stay in the US. 
 
Btw: if the baby is born either to a USC (you or your wife) who can pass on citizenship or to a lpr who brings him/her back on their first return to US before the baby turns 2, no there is no hassle bringing the baby back. 
 
 

This sounds more like a family decision issue than a visa issue. Your MIL clearly does not want to uproot her life to come and look after the newborn and that’s her prerogative. You don’t want your wife and son to go for an indeterminate amount of time to Vietnam - also a completely understandable position. Maybe your option is to hire a nanny full or part time to help for a bit if you need extra help with the new baby and want everyone to stay in the US. 
 
Btw: if the baby is born either to a USC (you or your wife) who can pass on citizenship or to a lpr who brings him/her back on their first return to US before the baby turns 2, no there is no hassle bringing the baby back. 
 
 

You wouldn’t get an RFE for not submitting them, because they are not a required document to be provided with the application. I honestly don’t think it makes a difference other than increasing the amount of what will eventually be outdated stuff. You’ll be updating other stuff in the interview anyway, things like further trips abroad, maybe job changes etc, it’s not like they ever expect a 100% perfectly up to date application before you walk in the door. By the way even if you do upload in advance, you should always have originals with you at the interview anyway. It’s not reducing what you physically bring with.