Redro

I want to add… she might get hit with misrepresentation if she enters and adjusts on ESTA as she really shouldn’t have ESTA after the overstay. Getting the immigration visa through consulate should avoid issues of misrepresentation. I advise you consult with a lawyer if you’re so keen to go this route.

Yep! File as soon as you can but don’t be in anyway surprised or annoyed when people who filed a month or two after you get their I130 approved before yours. You need to be very “go with the flow”…. And yes we entered after our 2 year anniversary so I’m pretty much done with US immigration until I apply for citizenship next year. I entered, received SSN after 10 days, then my GC arrived 5 weeks later. It has been such a weird transition because I was so used to going to Kimmi once a year to renew my ARC. My other advice is to really love everything about Korea before you leave. We miss Korean food so much. All I want is some samgyetang or juk or dakgalbi… I could go on…

If you husband files now. He will be filing as a green card holder (F2A) visa . Once he becomes a US citizen he will inform USCIS or NVC he is a citizen and the petition will change from F2A to IR2. Right now only you can file a petition for IR2. I want to ask again. Does your stepson want to stay in the US or does he want to go home while the process takes place and 2. Is the mother of your stepson okay with him moving to the US?

Then check out November too! I found following the groups around our PD so helpful as I got to understand what was happening with various service centers. I think you will find it helpful as you can probably understand what is happening with the various field offices and you might find other members going through the same field office. This couple also went through Saint Louis MO and have a fairly quick turn around!! AOS timelines out of Saint Louis....

He needs a letter from his doctor explaining the issue. As much as he would like to advocate for himself, I highly recommend he gets the assistance of a third neutral party. You might also want to get a free consultation with a lawyer and see if they can help you figure out how to construct an argument. I would suggest Jim Hacking as he has a free call in show on youtube and he might give you some additional ideas with how to work through this problem. I am so sorry about how this is impacting your relationship and your journey. I really wish the two of you the best.

December 2023 January 2024 February 2024

Did you receive a stand alone EAD or the combo-card (EAD and travel)? I'm confused by your question. Also, you should follow the AOS group for the month you filed AND follow the groups for the month before and after you filed. You can see what the average is for most people...

Apply for ITIN Make sure she files the 2555 so her foreign income is not counted. @JeanneAdil when you filed taxes before Adil came over, how did you manage it?

Why not just file MFS? Does she have an ITIN already or are you going to apply for one? If you’re filing MFJ she should complete the 2555 to exclude her international income.

@euphoriccanineluv the agency is correct. There is no issue with adding a K2 to the process if the child was born after the I129F was filed. This has happened with several members on the forum. Generally though, the petitioner is the father and CRBA is filed so the child obtains a US passport and is not issued the K2 visa. In cases where the child cannot obtain a US passport the child is added to the DS160 application as a derivative. Unfortunately? US immigration is so slow so USCIS and the embassies are familiar with new borns being added to the process at NVC/ embassy stage. People are just telling you about potential issues you will face adding a child who is not yours- this is something people do even if the initial I129F or I130 is not on file yet.

You can PM me if you wish. Getting the passport is the most important thing. No passport- no ability to move to the U.S… 1. Don’t list the child as yours or give the child your last name. 2. If the parents are not married AND the mother has full custody rights- list the biological father in the BC. If he wont be involved with the child at all then there is no harm in naming him on the BC. You can research adoption of the child once you move to the US and then the child can assume your name. 3. If you list the child as yours or give the child your last name- the consulate might DENY the child a K2 visa and request you go through CRBA. As the child was born out of wedlock they might or might not request a DNA test. Good luck! It should be a simple enough process as long as you can register the child and get them a passport.

Will the child be registered under the biological father's name, as "father unknown" or do you intend for the child to be registered under your name? For the child to be added as a derivative: your fiancee will have to register the child as "father unknown" or indicate the child's name. Depending on the country, she will need to get permission from the father showing he is allowing the child to move to the US. The Philippines is one country that does not have that rule: no permission required if parents are not married. Child will then receive a K2 visa after interview and will be able to move to the US with your partner. Question: Did the agency you're working with have the "easy" experience with the same consulate or a different consulate? Which consulate will your fiance be interviewing at?

I love Shahbaz… he is a great story to follow. His wife… is she even aware of what is happening? Have we met her?

Does he want to go back home or do you think he wants to stay in the US now? Also, legal issues are separate to immigration issues. You would only be responsible for him if he needs help from the government. Additionally, if your husband becomes a citizen before he turns 18- he can become a U.S. citizen and you won’t be financially responsible for him anymore…

You should be fine I think… GOOD LUCK! And congratulations on finding love again.

You might have to show some type of relationship with your stepson.. You say you barely know him... Have you ever met him? He might also be questioned on the nature of your relationship to your husband/ his relationship with you... How long have you and your husband been married/ when can he apply for citizenship? If you husband files, your stepson might or might not be able to come to the US (it depends if he ages out or not). He would come over on the F2A category. Currently they are processing cases filed February 2020 (so around a 4 year wait not including time to interview- this depends on consulate). So, your husband would more than likely become a citizen before that happens and can convert it to a IR2 visa. Processing times for CR2/IR2 are about the same as processing times for CR1/IR1 so you're looking at about 18-24 months if you petition him.

Get married ASAP. Pay an officiant. Ask a friend or family member to become an officiant so they can marry you... When does the marriage license expire? I believe in Ohio it has a 60 day validity?

@chronos1116 please clarify. 1. Is your partner planning to come to the US in February and stay (for 1.5 to 6 months) while studying online? 2. As a military contractor, is there a chance you might have to go overseas for an assignment or is your life and work here in the US? 3. Are you planning to go the K1 route because you want to get to know each other better but because of long processing times you want a K1 on file now. 4. When you talk about canceling the application, do you mean you would cancel it if you broke up OR you will cancel it and go the spousal route?

I used to live in Korea! And you will be assigned to a random service center. unless you can file DCF there is no benefit to be overseas and it can actually slow down your case. During the year we filed, we were at Vermont SC and our I130 was approved after 9 months (online stated time 13 months). A friend (not on VJ) was at Nebraska and their petition took 6 months and then a third person was at a third SC and I believe their petition took a year. All couples living together in Korea. NVC to Interview was really quick- about 2 months after DQ. You can check out my timeline and my review to see how we handled domicile. The advice we were given before filing (we started speaking about it in early 2021) was to file as soon as possible. And not to focus on best case scenario but plan for long processing times… Word on the street is don’t pay attention to what’s happening now or might happen in the future. Other piece of advice is… hope for a 10 year green card. I’m not sure if you are getting married in March or going to someone else’s wedding. If this is your wedding, I suggest you move to the US after March 2026.

It would have been better to marry instead of file a second K1. But, a second K1 can be successful. Additionally, the extra documents required that led to the application on pause can also factor into the outcome of the second K1. If you have proof of your first K1 cheating I would take that to the interview.Don’t give it to the CO unless they request it though. If you tell us where you plan to interview this could be help give you a little more insight… but I wouldn’t worry about the first stage (USCIS) as long as you have submitted all the required documentation you should receive the NOA2. Currently, applications filed 8-9 months ago are being approved. So, (if things stay the same) you should receive a response to your application in April or May…

Maybe something about how you cannot extend your stay on ESTA or adjust unless adjusting through an immediate relative? So not really not inspected but something about the rules about entering on ESTA. I should google the answer but I'm just going to make up wild opinions and state them as fact.

People on ESTA are not vetted in the same way other non-immigrant visa holders are. They fill out a form and then enter the US (if their application is not denied). On the other hand, B1/B2 and other visa applicants have to complete the DS160 and give a lot of personal information and then go for an interview at the consulate.

You want to live in the US while waiting for the K1/K2 visa to be issued. This is not possible. You could attempt to get an F1 visa for your child but this would raise flags for CBP when you cross the border. Why would you return to Canada if you are in the US and your child is studying in an US school? How do you plan on answering that question when you enter the US? https://ca.usembassy.gov/visas/canadian-students/ Canadian citizens do not need visas to study or participate in an exchange program in the U.S. However, Canadian students do need to obtain an I-20 (or DS-2019) Certificate of Eligibility from the university, school or exchange program they plan to attend. Upon receipt of the I-20 (or DS-2019), the student will be registered with SEVIS, the student tracking system, will be assigned a SEVIS number, and will be required to pay a registration fee. When crossing the border to begin their study or exchange program in the United States, the student will need to provide the Officer at the port of entry: A Canadian passport; The original I-20 (or DS-2019) certificate; Proof that the SEVIS fee has been paid; Proof of ability to pay school fees and living expenses in the United States; and Proof of ties to Canada. https://studyinthestates.dhs.gov/students/get-started/kindergarten-to-grade-12-students SEVP can certify a private school for F-1 or M-1 student enrollment in any or all of its K-12 programs. SEVP can certify a public school for F-1 or M-1 student enrollment in grades 9-12, which is limited to a maximum of 12 months. Immigration Lawyer Website Enrolling your child in school while in a B-2 TOURIST status can jeopardize your family's current and future visa possibilities! While the law states that public schools in the USA cannot turn away a child that is a law that is not in accord with the Immigration and Nationality Act.

This is interesting news. As I know Germany isn't too generous with the amount of time they give tourists. Some friends of mine were only given permission to stay in Germany for the stated time they said they would be traveling.

K2 allows the child to enter on a non immigrant visa and start attending school while waiting for a green card. I’m not sure what I’m misunderstanding?