ConOfficer

You need the father's passport to prove citizenship. The transcripts can prove he lived in the U.S. for the request 5 years (two years after age 14).

DNA may be requested if you have no other evidence that could establish a biological relationship. The consulate would give you instructions in that case. 

10 hours ago, Ben&Zian said:

They can generally make a decision off the initial I-129f petition they receive from NVC.

This is totally false. The applicant's credibility in the interview is the deciding factor. The petition only tells you whether there is a legal relationship (in a K1 case, whether the applicant and petitioner are legally free to marry), it says nothing about the whether the relationship was entered into purely for immigration benefits. Also people can and do submit additional photos etc. during the interview. 

Black out your account numbers. 

2 hours ago, EM_Vandaveer said:

If you were deported, you need a waiver first. Having the waiver approved will in no way guarantee getting a tourist visa (which is highly unlikely, an uphill battle) but without the waiver it's guaranteed that you will NOT get a visa.

He said he was deported over 10 years ago, so he does not need a waiver. The 10 year bar has expired.

OP, I think most officers would give you a visa if everything you're stating is true. A long time has passed. International travel shows you're pretty successful. Would someone give up a solid profession to work illegally in the U.S? Doubt it. 

You're not at any greater risk of being denied entry at the border. I write something like "10 year bar has expired" on the visa so the CBP officer knows I considered any ineligibility. 

Suerte

15 minutes ago, geowrian said:

You are free to apply for it, however F-1 requires non-immigrant intent and having filed a DS-260 implies that you intend to immigrate. As such, you would almost certainly be denied IMO.

Disagree with this. It's quite common for someone waiting for a family based visa to apply for a student visa. You can issue them if you think the person intends to use the student visa appropriately and will return to their country to pursue the normal immigrant visa process. I'don't think a diversity visa applicant would be treated any differently. 

Is he telling you he makes double of what is required or have you actually seen his tax returns?

Or maybe the I-864 was not filled out correctly. 

Just want to add that I've seen many U.S. citizens jailed in other countries for doing exactly this - attempting to enter or leave another country with a lot of cash, even if declared, but especially when they did not declare it.

Not a good idea to travel with wads of $100 bills. If anything you just give a corrupt customs agent the opportunity to extort you.  

1 hour ago, MyJourney said:

Give me one reason why she cannot adjust her status, one reason. 

I mean legal reason, not your usual "I think"s. 

If you file for adjustment of status within 90 days of entering the U.S. as a tourist there is a legal presumption that you had the intent to adjust status at the time of entry to the U.S. This can lead to the adjustment of status application being denied, entry of a 212(6)(c)(i) ineligibility for fraud, and the initiation of deportation proceedings.

Even after 90 days there is still a risk of fraud finding. I'm inferring here that she promised the CBP agents she did not intend to adjust status in the U.S. (otherwise they would have turned her around), so she's on record with that. 

Just now, Alabamak1 said:

The only venezuelan affected by the ban are certain politician, not the general public or Venezuelan citizens

CBP turns around a lot of Venezuelan visa holders at the airports because of the economic situation there (lots of people working in the U.S. or just biding their time in Miami).

I wasn't referring to the limited travel ban. 

Prior answer is correct. If he's Venezuelan there's already a real risk of being turned around at the airport.

How old were you when they got married? If you were under 18 you can file for him as your stepfather. 

14 minutes ago, Californiansunset said:

You are from a VWP country

Poland isn't a visa waiver country. https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html.

Otherwise agree. OP needs to jump through hoops of getting married in Poland or apply for a tourist visa and get married in the U.S. understanding that she will need to return to Poland (or wherever she lives) until the J2 paperwork comes through. 

1 hour ago, usmantariq88 said:

She will not be able to come back on her B1/B2 visa because I-130 will be in process.

This is 100% false. 

Maybe Special Immigrant Juvenile Status. Needs a lawyer with knowledge of state family law.

The stepchild of a U.S. citizen is not eligible for naturalization. 

You can get her a green card but then she has to live in the U.S. until she is eligible to become a citizen (several years). 

USCIS doesn't review proof of relationship evidence. The consular officers in Nicaragua all speak Spanish and can read your messages (if they want to, which they probably do not). 

There's nothing you can do but wait for a response to your email.

The CEAC status is basically meaningless. No human person updates that status. 

The CEAC status is meaningless. US government does not have the best technology. 

If you're concerned email the embassy. 

1 minute ago, Lemonslice said:

Definitely possible to make an adjustment to Medicaid fund received, it's done all the time  - it's not a refund, it's an adjustment applied to the amount received in the following period. Still, OP would need to pay what she owes.

Are you saying that the U.S./state treasury actually gets its $6,000 back? Interesting. 

Even if you are using a cosponsor you as the petitioner need to submit a valid affidavit of support. They want a new I-864A. Submit it and it will be approved. 

He previously complied with all U.S. immigration laws. He had the opportunity to continue living in the U.S. if he really wanted to but departed.

I issue this 100%. If he shows up at SFO a year from now with all his belongings and says he's going to stay in the U.S. forever CBP can turn him around. 

18 hours ago, Redheadguy03 said:

If it was in effect you'd get denied. No they won't hold the petition. It would eventually expire. Although, if the ban ends soon you might be ok. 

This is only true for K visas, and even for Ks the embassy should hold the case while the beneficiary applies for a waiver. 

8 hours ago, milimelo said:

You’d be surprised what kind of questions duty officers field. 

1. Your average duty officer has zero experience with visa issues and won't know how to answer this question.

2. This person is not a U.S. citizen.

3. This is not an emergency.

Please don't encourage people to make after hours calls about this kind of issue.