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27 minutes ago, Kirstyandliam said:

I think only citizens can apply for visas so your i130 will be denied if you or your husband are not citizens. You have to be married to the sponsor for 3 years to file under the 3 year rule. You can try applying online that will tell you what you need and if you are indeed eligible. 

?????? What you said doesn’t make any sense at all.

She is eligible to petition her husband as an LPR (Legal Permanent Resident) If she will be eligible to Naturalize under VAWA & 3 years as LPR and being remarried is another issue. 

Is not uncommon, you can celebrate!

I-130 which will give them a Green Card upon entry in the US. 

I-485 is adjustment of status which doesn’t apply in your case. 

After they are here in the US as LPRs then you move to the next step which would be N-600 or just apply straight for their passport which is the smarter option in my opinion. Both are evidence of Citizenship but they will need a passport sooner or later so why pay the fee for the N-600?

Good luck!

Yes, if your file was transferred to your local office you will get an interview 99.9% of the time. 

Sounds to me the CO left a little window of hope for you. He could have give you a straight denial but he didn’t so I assume that he didn’t see immigrant intent right away. Now according to what he said is up to his supervisor and this is where everything can change. Cross your fingers....you have nothing to lose. 

Good Luck!

There is no rules for Visitors visas, they can give him a stay of 6 months or 1 week. Funny part is that even when they authorize 6 months if he stays for that long it will raise suspicions about the ties to his home country which was the basis to approve a Visitors B1/B2 visa. At the end is something that needs to be done very carefully to avoid issues. A person with professional/economic & social/family ties with their home country usually doesn’t go away for months very often, that’s when immigrant “intent” starts floating around the mind of a CBP officer and questions start being asked...if those questions are not answered to his satisfaction he has authority/discretion to deny entry and cancel the visa. 

Be careful planning those visits and let him know about the risks so he knows the risks involved. 

Good Luck!

48 minutes ago, doshi8000 said:

How long does it usually take for a decision  to be made?

By law they are required to decide your case within 120 days after the interview, after that you can start pulling strings to force them to make a decision....the decision may not be on your favor. 

As said by others I think you will approved based on the info you provided.  

15 hours ago, Aloud said:

When you apply online do you have to submit your documents right away or do you take them to your interview? Im also getting ready to apply

Documents have to be uploaded before you can submit the application. I highly recommend having all beforehand, this will make the process smoother.

Entry is not guaranteed and mostly is depending on the officer she gets that day, some are very strict. One thing I think is almost sure is that any CBP officer will have curiosity why she is spending more time in the US than in her home country. Before this trip when was the last time she was in the US and for how long?

Ok, all you need is your certificate of naturalization along with the normal required documents when you apply for his/her passport.

You certificate is his/her evidence of having a US Citizen parent before turning 18. They will require his/her green card along with the documents which they will send back to USCIS after processing the passport.

Good Luck!

Just to clarify... your kid Has a green card and is living with you right?

Why not just filling online and avoid the hassle?

No worries about package lost, printing documents etc. 

After you submit the Application and the required documents it’s final. Even if you upload a corrected version or some additional evidence they are not required ro review it. 

With that said, any small details  like that can be corrected at the interview. 

I read your post again and noticed that you said visit the US *again* so I will assume that yes...he had a Tourist visa before. Not a new escenario but if he used that visa in a good way before and was not too long ago that could give him an extra half point *maybe*.

Good Luck!

It wont help at all, the situation is spiny already as you are filling an application and trying to prove non-immigrant intent at the interview while on the other side you have an ongoing process saying the opposite. It is not absolutely imposible but is an uphill battle that just a few survive with good results. 

Has he ever had a Tourist visa before?

2 hours ago, TPVN said:

I have the interview on Tuesday. The appointment letter says bring your spouse's citizenship certificate. My wife couldn't find the certificate, could I bring her US passport instead?

thank you,

You can not bring what you don't have....A Passport is primary evidence of US Citizenship.

If you find the Certificate by the time of your interview then perfect, bring both but I'm almost sure it will serve the same purpose. Maybe they mention the Certificate as you are not required to get a Passport.

Did they specifically ask for "Certificate Of Citizenship" or "Certificate Of Naturalization"? Both are different, a Certificate Of Citizenship is given to people who acquired Citizenship through their parents and the other to who went through the Naturalization process.

The CO did it again, denied a Tourist Visa to an Immigrant. Good job CO! 😂😂😂

Relax, not a reason for denial or delay. 

Common sense will tell the officer that number corresponds to prior marriages and if not you will have the chance to correct it at the interview. 

Joint filed tax return transcripts for the last 3 years along with any evidence of commingling finances you can have, lease agreements on both names, joint bank account statements for the last 3 years, insurance documents with both names (health, homeowners, auto, life)

Birth certificates of any child born from the marriage. 

You need to prove on documents that you have been and continue to live in marital union. 

Good Luck!

If you apply under your current situation is a 100% Denial.

 11/17/2019 

Same day passport is a painless and smooth process once you have all the documents. Why risk it? You will need your passport anyways for future travels so go that route an play safe. 

Enjoy your trip!

Interview tomorrow and start studying now?

Doesn’t sound like a good plan. 

Quality over quantity, financial commingling documents are the best but my number one recommendation is keep it organized so they can do their job easier.  Good solid organized evidence is always a good thing.