Crazy Cat

A spousal visa, processed through USCIS, NVC, and the consulate, could take about 2 years. The I-130, alone, at USCIS, will take a year or so for approval.

****Your 2 threads have been merged to keep your questions and the responses organized***

My decision process for a spousal visa: Step 1: Decide when you want to re-locate to the US. Step 2: Decide if you want to try the DCF route (if petitioner is living outside the US) or if you want to file normally thru USCIS. Step 3: For DCF, contact the consulate and request they process the case. If approved, they will give you instructions for filing directly thru them. For normal consular processing, you file the I-130 thru USCIS. Once you file normally thru USCIS, you cannot later file DCF. If filing a normal I-130 case through USCIS, see this guide:

No... ...If you file an I-130 online to USCIS, you lose DCF........DCF means "Direct Consular Filing"......Filing online to USCIS means consular filing....but not DIRECT Consular Filing. With DCF, everything bypassess USCIS. But, for consular filing (filing an I-130 thru USCIS), you would put that your consulate is Montreal....but that is not DCF.

An approved I-130 leads to a spousal visa (in your case)....which is a family reunification visa....to live in the US.

Either that or have a convincing plan that you are re-locating.

Be aware that you cannot go the DCF route once you have filed a normal I-130 with USCIS. Also be aware that Montreal is notorious for their scrutiny of US domicile.

Of course, they can....if the consulate officer believes the petitioner or joint sponsor has sufficient income or assets to prevent the immigrant from becoming a burden to taxpayers.

Under the law, Petitioners are responsible for supporting the immigrants they sponsor...If consulate officers think the immigrant is likely to become a burden to taxpayers, they can deny visas or require well-qualified joint sponsors. Actually, I am surprised we don't see more public charge denials. I don't recall seeing one in a couple years.

It means I added your new post to your existing one in order to keep your situation and the responses from other members organized.

The only effect I see is possible public charge questions.....but probably unlikely.

****Threads merged***

*Thread moved to the Philippines regional forum for the PI experts to answer***

I would not withdraw and refile yet. I would wait. The I-751 was filed under her A-Number. Assuming you filled in the I-751 correctly, I think she will receive the extension letter.

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I worry about my wife's situation. She was a teacher in Taiwan for 28 years, and she receives a teacher's retirement pension......along with income from substantial investments there. We pay her fair share of US income tax on all of her income....there is no foreign income exclusion for Taiwan. If I pass on to the great beyond before she does (highly likely), I think she would probably like to reside there. So, at this point, I don't think she wants to surrender her Taiwanese citizenship (loss of lifetime income) or her US citizenship. As I see it, this bill (as written) would force the involuntary surrender of one (probably unconstitutional). Unless the government would re-issue her a Green Card, this bill would cause grave harm to my wife's future and possibly our future together in the US. I served in the US military for more than 20 years. As a veteran, this bill infuriates me. My wife deserves better than what this bill, as written, does. I just do not see what the bill accomplishes. It was ill-conceived and will destroy the lives of millions of LEGAL dual citizens and spouses. My wife has never been out of status a single day. She entered the US in 2017 via a spousal visa. She became a US citizen in January 2023. My wife has never broken the law. My wife reports her foreign income, and we pay her taxes every year. My wife has an aging husband (me) here in the US. This bill undermines the legal process we followed precisely and properly. As I said, it infuriates me. - Vent finished....for now.

You do have a dog in the fight.....This is an ill-conceived, destructive bill.

I wish you had come here prior to filing for the extension. Good luck. I hope you have also hired an attorney. Note to everyone: Filing for an extension of a B2 is very rarely a good idea according to the cases I have seen. It is very risky, and usually leads to problems.

IMHO, "Paused" and "suspended" are the same. "Cancelled" would be permanent.

Nope. Neither marriage to a US citizen nor an approved I-130 offers any right or authorization to enter the US or to remain in the US. Even submitting an I-485 is now in question, it seems.

No. You must meet face to face before you can even start the process. Don't file anything until after you have met. Filing an I-130 before you meet will result in a swift denial.

Visas expire the same time as the medical exam expires. I think they will make you get another medical if it has expired.

It is 6 months from when the medical exam was done.....

To eliminate any ambiguity and any possibility of a future issue if he was to re-enter the US in the future, I would immediately send a letter to USCIS to officially withdraw the I-864 you submitted. I would also send a copy of the divorce decree along with it. This will establish a clean paper trail to prevent any future issues....even if there is a low chance of problems. This should be done asap.

I would let it continue.