BuiQuang

2 hours ago, Pinkrlion said:

 

There is no derivative for a grandchild.  You will have to think about the child's care needs and this immigration plan.  Your spouse may need to live with her daughter for a while.  

there is derivative for a child.  the beneficiary is the OP's wife's daughter.  the OP's wife is the petitioner.  the grandchild is the child of the beneficiary.  there is no problem.  you are mistaken.

4 hours ago, geowrian said:

Residency in the US isn't required. US domicile, or sufficient evidence of intent to establish US domicile, is required.

 

Given that he has lived abroad for so long, they will very likely set a high bar for showing domicile. IMO, this will likely mean having to come to the US before the visa is issued.

The other issue is the financial requirements for the affidavit of support...it sounds like the OP may not know any suitable joint sponsors in the US, so establishing a suitable US-based job (and place to live to go alongside it) would be the way to go.

how she gonna met intent to establish us domicile when the last time she was a resident was in second grade?  how she gonna convince us embassy without actually going to us to establish residency.  in this case, residency will be required.

Just now, Yesteryear said:

Thanks for the quick reply.

 

we have traveled to different states and mexico while i have been here the past few months. Would more travel be a valid reason for them to approve?

no.  what does more travel show?  

what is ur legitimate reason for wanting more time in the US?  why do u need more time to visit the US?

residency status for tuition have nothing to do with immigration status.

u will not qualify for in-state tuition

u stop school, u can't go back to being internatnonal student

with aos file, u get to stay legally even if u no longer have valid i-20

u better have valid reason for extension.  if extension is denied, then time beyond original I-94 is overstay which will affect ur AOS.

u would take gamble that extension is legitimate.  if not, you will lose big.

if father on birth certificate, she need father's permission or court order for child immigrate

if father not on birth certificate, no permission needed

57 minutes ago, edsperfect said:

Here is our problems. My wifes daughter is pregnant lost her job but is in line for an immigration visa since we applied January 2012 and looking atvthe visa bullitins feb 2011 is up now so she could be getting a notice to gather her paper work.  We were all going to just wait but unfortunatley the girl got pregnant, due in April, lost her job in Moscow and has no family in russia but does have an us visitors visa since she has been here at least a dozen times. She speaks perfect english, university educated and a brillient woman expcet when it comes to men. So whats new right.

 

My thought is she should come here now, have the baby and then apply for change of status.

 

Please indicate any problems or yor thoughts on the matter

problem is immigration fraud.  illegal to use visitor visa to enter us with intent to aos.  immigrant intent will not be forgiven since she not IR of USC.  it will end badly.

also, how she gonna pay for the birth?  if she uses public money, she become public charge and will affect her immigration.

bad. bad. bad.  extremely bad idea.

18 minutes ago, Russ&Caro said:

It's not fraud, it's just not possible. A son/daughter can't adjust thru a parent.

the fraud is using non-immigrant visa with intent to immigrate by adjusting status.  so, it is fraud.  since she not IR of a usc, the fraud is not forgiven.  her preconceived immigrant intent would matter.

p.s.  a son or daughter can adjust through a parent.  lots of people do it when visa numbers available to them.  

too many people applying in f2b is why.  more people + same number of visas = longer line to wait in

3 minutes ago, Linda Yousef said:

I am citizen because I was born there and lived there for one year when I was in second grade. And I'm a resident because two summers ago I applied for the California Identification card. 

ok, u r a us ciitzen.  

a ca id does not make you a resident.  living here makes u a resident.

u r not a us resident.  u need to look at residency requirement, us domicile, and filing us tax returns

1.  u can file abroad

2.  a joint sponsor is not enough.  u need us residency and domicile.  u need to file us tax returns for last 3 years.

3.  read the guides.  step by step in there.

here is first link from Google - adopt niece for us immigration

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/adopting-a-relative-for-immigration.html

none because us laws does not allow people to adopt nieces with two live parents for immigration.  if immigration was possible, everybody would adopt their nieces and nephews.  you are not the first to think of this idea.  the us government has too and has a specific law not allowing immigration like this.

u should have done research before adopting.

6 hours ago, Linda Yousef said:

Can I put my parents address? Would they send anything to them?

I am a resident and citizen, I just don't live there yet. 

how can u be a resident and "just don't live there yet"?   how is that possible?  how are you "am a resident"?

citizen of what?   

don't like to give information, then don't expect anyone to help

u need to give a reason why uscis was wrong to close the case.  what did uscis do wrong?

1 hour ago, Goldenkoi91 said:

Oh okay, whats the first step i should do after im done with my divorce?

first step.  read the guides on us immigration

56 minutes ago, Goldenkoi91 said:

Okay thanks. And i know i had to divorce first before remarrying in the states, i just had to ask and make sure. I am still young,(mis 20s) not everyone know these things so we ask. But does she have to do anything on her end first? 

bigamy is a crime in Canada and US.  us law specifically deny visa to anyone coming to us base on bigamy.  

yeah, she must file immigration petition after u divorce.  takes 1 year for u to get visa.  

answering one million and one time.

no, it not ok.  plenty of example in philippines forum.

CENOMAR + "wedding" = denial or visa fraud.  so for one million and one time, do not have any type of "wedding" in the home country when applying for k-1 visa.

just because someone get away with it does not mean it work out for them.  being lucky do not mean it work out for them.

Just now, tstuver2000 said:

Thanks. I understand your point and that this is nothing new, just really really frustrated towards USCIS. My wife will be heartbroken if we don't hear back in the next couple weeks. I appreciate your time.

good luck.  maybe she get in mail soon before trip

for people on vj long time, we see people make travel plan with no travel document all the time.  they all think what they done is not unreasonable.  no on on vj long time would agree.  we see all before.  follow the us governement instruction and do not make travel plan without travel document in hand.  

this advice not for u.  it for other people who will read this thread and are thinking like u about buying ticket with no travel document.  they can end up like u.  

49 minutes ago, Jon York said:

Oh wow.  I didn't know that.  So, my wife and I have been married 3 years as of two days ago.  But we sent in the ROC application in August.  Does that mean we didn't have to do that?

 

I thought it was if you had been married two years before you started the process.  

if ur wife have expiring green card then she need ROC

AT TIME THE FIRST GREEN CARD IS APPROVED AND COUPLE MARRIED MORE THAN 2 YEARS AT THAT TIME, then get 10 years green card and ROC not needed.

16 minutes ago, tstuver2000 said:

Tickets are not refundable, but we haven't spent anything else on the trip yet. We knew there was a chance we'd lose the tickets, but we got a great deal on them so we're not entirely worried about that. Unfortunately, her family is not able to travel to us.

 

I'm open to any other ideas about how I can contact USCIS about this, but they're so horrible to work with.

 

Just from everything that I've seen here on VJ and on the USCIS site, it seems completely unheard of for it to take 5 months. That's completely unreasonable

sorry, but there nothing u can do.  us warns not to make nonrefundable travel plan without travel document in hand.  wanting us government to do something for u after us government warn u not to do it is also completely unreasonable. 

2 hours ago, arvn2017 said:

As in - how to apply for her visitor visa once again, and what waivers are required. Potentially talk to an attorney as well.

sorry, only option is for you to go visit her.

no way she get visitor visa or waiver.  overstay, AOS abandonmnet, immigratnt intent.  you would waste time and money.

13 minutes ago, Dyadi said:

And why I may not be Abel to bring him here?

adoption must be complete before age 16 for qualify us immigration visa.  19 is too old and will not qualify for visa.

6 hours ago, Tcwolt said:

Yes you are right, I did not understand how any of this worked but I think I am beginning to understand.  So correct me if I'm wrong but since my child is the stepchild of a US citizen, basically all my husband needs to do is file a form I-130 and if I read this right we also file her form I-485 adjustment of status at the same time because she does not need to wait for a visa number to become available.  Correct?  Because it says that a visa number is not required if the child is under the age of 21.  Correct?  

not correct.  this is immigration fraud.  ur daughter can not file 485 cuz she not inside US.  illegal to come to US now to file 485.

stick with I-130 and consular process for IR2 in Canada.  (it's IR2, not CR2 since u will be married more than 2 years when she get visa)

for citizenship, she need to live with u for 3 years.  that not gonna happen when u live in UAE and she live in US.

ur plan will not work.