Crazy Cat

Ordinarily, we think a Green Card holder must be a legal resident for 5 years before qualifying for Medicate. However, I just discovered that the 5 year residency rule does not apply to all new Green Card holders. It appears that if a new immigrant marries, or is married to, a US citizen or LPR who already qualifies with 40+ quarters of work credit, the Medicare 5 year residency rule goes away after 1 year of marriage. This is important info for immigrants who are approaching 65 years of age. https://justiceinaging.org/older-immigrants-and-medicare/ "...is an LPR who came to the U.S. three years ago. She married another LPR shortly after arriving. Her husband, a long-term U.S. resident, has enough work credits for premium-free Part A. Ms. Lopez is turning 65. Because she can rely on her husband’s work history, she can start her Part A and Part B coverage right away, even though she has not been a U.S. resident for five years." ",...... a 65-year-old LPR, came to the U.S. from Jamaica last year when he was 64. Because he is subject to the five-year continuous residency period, he cannot enroll in Medicare until he is 69. However, next month he plans to marry Ms. Allen, also an LPR and age 63. She has been in the U.S. over 15 years and, because of her work history, qualifies for premium-free Part A. Once they are married for a year, Mr. Williams will be entitled to Part A based on Ms. Allen’s record. He won’t have to wait for five years to enroll or pay a premium for Part A. "

Time to spend more time together, marry, and file for a spousal visa, imho. That K-1 application is dead. The only (and very, very unlikely) option is to ask for a review before it leaves the consulate. The consulate is not obliged to review or give you any more information. Likewise, USCIS will not give an appeal.

Yep. That is a denial. It will expire at USCIS.

That's the only stamp you get at POE. Does it indicate "CR-1" or "IR-1" ? CBP doesn't normally take the X-Rays. They aren't required to pull you into secondary. SS cards sometimes take more time. Is the stamp similar to this?

This doesn't sound like a denial....does it say the petition is being returned to USCIS?

To my knowledge, there is no discretion. I would not cut it that close. In our case, wife entered 30 days prior to 2nd anniversary.

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The I-134 is taken to the interview as explained in the VJ guide:

First time in almost 30 years. This is a blow to Kamala as this has been a reliable endorsement for dems for years.

Have you spoken to an immigration attorney? This might be more complicated than you think.

1. To live in the US, it would be an F4 category visa. It would take 20+ years. Start by filing an I-130 for each sibling. 2. To visit the US, each sibling would have to apply for a visitor visa on their US embassy web site.

Those don't look like any chickens I have ever seen.

Visa Bulletin For October 2024 (state.gov)

20+ years. I-130 approval is just the first part. There is a very long queue. Waiting for a visa number to become available will take a very long time. Siblings (F4 category) with I-130 submission dates of Aug 1, 2007 are just now receiving visa numbers.

Without a case number, No.

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To avoid another rejection, just send a complete, new package.

Did you marry? A K-1 fiance cannot file an I-485, but a spouse can. A fiance can file an I-765, but it would not get approval before the expiration of the I-94 (90 days after entry)., thus making it useless. 1. That depends on whether the new immigrant wants to work legally. 2. No, not too late. You can submit an I-765 after filing an I-485. Cost is $260.00 3. 5 years, I believe. 4. It Doesn't matter. Make sure you include the receipt for the I-485.

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I think that was one of @OldUser's points. The OP is in danger of losing LPR status.

Agree. Op could not ever legally adjust status through another Green card holder if he/she had ever accrued unlawful presence (the way I interpret the law).

OP needs to return and clarify the timeline of events.

Did you adjust status through a perm resident after having accrued unlawful presence?

You don't plan for him to immigrate for 6 years, correct?