NorthByNorthwest

Last I read about it Spain does not permit dual citizenship in general, but if you are born in Spain you can keep your Spanish citizenship after acquiring US citizenship _if_ you declare your intent to do so within three years of acquiring it.

Zero need to show that you're talking to each other on the phone a lot, after all you're supposed to be living together. One page to show that you have the same billing address is the only relevant bit.

I see, unfortunately neither me nor the lawyer missus has any experience with military law enforcement so I'll have to pass on this. Hopefully someone else can give better insights, good luck!

What did the petitioner state in the I-129F? For Part 3 section 2 only arrests or convictions are covered, so I assume he answered No there? Even item 4.a states "arrested, cited, charged, indicted, convicted, fined or imprisoned". It is unclear what you mean by "falsely accused". If there was a formal charge I believe a prosecutor would have filed those charges and there would be a record. If it was just a matter of someone stating to police that "Person X did Y" and there was no charge filed I don't believe you have to answer yes to that question.

Were you born in the UK? For US immigration purposes your citizenship at birth is what decides the timeline, but as long as you were not born in India or China your PD should be current.

I would not reschedule anything given how unpredictable USCIS can be. Your nearest passport agency is Seattle - with proof of travel within 14 days you can get a passport there in 0-2 days, so if you have the time/ability to do 1-2 trips to Seattle that's the best way by far.

There are several European countries that require transit visas for certain nationalities unless those people possess a valid US visa, so there are cases where (somewhat counterintuitively) having a K1 visa yields benefits traveling through other countries.

That timing doesn't quite add up...

If you think he'll be in the US well before October 15 I'd just file IRS form 4868 to get the automatic 6 month filing extension, have your spouse tick the box for getting a SSN on his DS-260 and not bother with amended return or ITIN at all, but if you're DQ I'm guessing you already submitted DS-260? What did you state on there for SSN?

In that case it seems like an easy choice. As the IRS page states you will need to get an SSN or ITIN for your spouse if he doesn't already have one.

You can file as MFJ but then you need to report your spouse's foreign income as well: https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse Depending on your situation this may or may not work out in your favor in the end.

The proces The process is pretty straightforward for the parents as long as you meet the income requirements for sponsoring them. The more complicated issue is usually how to handle healthcare for elderly parents, especially if they are over 65 with no plans to work or if they have chronic health issues. There are plenty of useful threads on this topic if you search the forums here on VJ - there are significant differences between the states that affect the costs involved and support services available. As the others have stated, it would likely take at least 20 years for you to sponsor your brother vs. 10+ years if your parents sponsor him once they are in the US. It is unlikely that you'd be able to expedite these timelines.

Out of the 5 years you need to have been present in the US for at least 30 months, with no single trip longer than 6 months. 5 months total outside the US is no issue whatsoever. You also need to have lived at least 3 months in the state where you file, that's about it.

While his I-94 is unexpired he has lawful status. The second the I-94 expires he moves to unlawful presence and is deportable, but once you file I-485 (in your case it would be concurrent filing of I-130 and I-485) and the filing has been accepted by USCIS he moves to being in a period of authorized stay and unlawful presence is no longer accrued. The I-797 is his proof of authorized stay at that point. Since he's in an immigration gray zone at that point he needs Advance Parole to be able to leave and reenter the US at that point until AOS is approved. Note that you will face questions at the interview about adjusting from B2 since it is illegal to enter on B2 with the intention to AOS.

As long as the TPS status of her country remains active (and she regularly re-applies) she is lawfully present in the US and does not need to go back. However, if the TPS status of the country is terminated she would need to leave while waiting for a visa to become available. Note that F1 availability for unmarried adult child will likely take at least 10 years at this point, plus if she gets married she moves to F3 which takes at least 15 years. All of that hinges on the fact that her last entry into the US was lawful (on tourist visa). The overstay timer is stopped while she is on TPS, and overstays are forgiven for immediate relatives anyway, but a lot of things can change during the 10-15 years the process will take, there are no guarantees.

A Haiti citizen needs a visa to visit the US, the allowed period of stay will depend on the visa. For a B-2 visitor visa the period would typically be 180 days.

What kind of petition is it, and are you the petitioner or beneficiary? Your timeline suggests that you would have been through biometrics before, but it's basically fingerprinting, photo and signature collection. Should take no more than 5 minutes once it's your turn. What form are you referring to?

I reentered the US over 20 times while on AP, no issues. The only realistic risk of not being admitted is if the I-485 was found to be abandoned while outside the country, for example by missing biometrics/interview appointment or not responding to an RFE in a timely manner. Being out for max 2-3 weeks should be no issue at all. You just need to be aware of the likelihood of ending up in secondary inspection every time you reenter on AP - if you're flying with domestic connections ensure you book flights with sufficient stopover. Personally I would not do anything less than 3 hours if traveling on AP with checked-in luggage.

If you want to play it extra safe bring at least this link to the CBP Carrier Guide and/or a printout of the relevant page in case you run into inexperienced airport staff: https://www.cbp.gov/sites/default/files/assets/documents/2023-Nov/Carrier Information Guide ENGLISH.pdf

You can still get generic case info by plugging these numbers in here: https://egov.uscis.gov Only a USCIS account that has had the user identity verified can see detailed case info such as documents submitted, USCIS responses etc.

Usually a not-insignificant consideration would be insurance - do any of the quotes you've received include at least basic insurance (TVC - Total Value Cover) or coverage for individual items? Just as a data point I paid about $10k USD to move from Japan to US West coast 8 years ago with packing service on Japan side and only delivery on US side. I would absolutely not want to deal with the logistics myself for the container freight or customs clearance unless I was working in the freight industry. I can totally see costs adding up quickly for you to rent trucks on both ends, container storage space in port if you can't deliver/collect the container exactly when required etc.

The State Department page on returning resident visas has this paragraph that may be applicable to you, I have no personal experience though: https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html Spouse or Child of a Member of the U.S. Armed Forces or Civilian Employee of the U.S. Government Stationed Abroad - If you are the spouse or child of a member of the U.S. Armed Forces or of a civilian employee of the U.S. government stationed abroad on official orders, you may use your Permanent Resident Card, Form I-551, to enter the United States even if it has expired. Therefore, you would not need a Returning Resident (SB-1) immigrant visa, as long as you: Have not abandoned your LPR status; and Your spouse or parent is returning to the United States.

Should be no issue, I had a trip to the US on ESTA the week before my K-1 interview. That one was for work, but getting back to the interview was a very compelling reason for me to leave on time, CBP officer didn't even ask about it.

Passport timelines are much better now than a year ago, I'm hearing you can get one in two weeks or less with a standard priority filing. If not you can always get it faster if you live close to a passport agency and have proof of travel within two weeks - then you can get it in a day or two. https://travel.state.gov/content/travel/en/passports/get-fast/passport-agencies.html

As Lil bear noted there is no such requirement, when filing under the 5-year rule you don't need any birth certificate even for a current spouse. You just need all documents pertaining to your divorce, that's all.