Lil bear

No your visa must be used by its expiry date .. Jan 2 2022.. which you did when you entered in Dec 2021. When you enter using the visa, the CBP officer stamps the visa and this “stamped visa” is now called a temporary I 551.. evidence of your permanent resident status . As a permanent resident, you now enter the US using the I551…. USC and permanent residents do not use visas to enter the US.. they use evidence of their status.. USC uses their US passport, Permanent residents use their I551. When you get your Green card.. this becomes your I551. The “stamped visa” .. temporary I551.. is valid for 12 months from entry as the GC takes weeks to months to be printed and received even under ideal situations. I think the line at the bottom of your visa foil actually says “ upon endorsement serves as temporary I 551 evidencing permanent residence for 1 year”. The endorsement only happens at entry. So that starts the 1 year period for the temporary I 551

I am confused by your statement “ I visited the US “ .. did you enter the US at that time using your immigrant visa ? The stamped visa in your passport is valid as evidence of your Permanent Resident status for 12 months from date of entry using your visa. If it had not been valid you would not have been granted entry when you presented it .. you would have been sent to secondary inspection and kept there until they confirmed your status through USCIS .. not a 5 minute process.. Am i correct that this didn't happen ? Unfortunately you are not going to receive the GC until they have the packet in hand .. and confirmed your identity with biometrics. A huge inconvenience for you when it was their error.. but no other options unfortunately

Being acceptably vaccinated for USCIS visa medical purposes and fully vaccinated for CDC travel requirements are two different things

No separate photo .. only the photo /biometrics page of your passport

Postmarked before the 30 day window closes is all you need. Keep the receipt

Never heard of an I 865 being “ rejected”. Like the beneficiary’s AR11( change of address) it is only a notification to USCIS, not an application

All correct except for your understanding /use of CR1/IR1 CR1 is an immigrant visa issued to a spouse who has been married less than 2 years at the time of the consular interview IR1 is an immigrant visa issued to a spouse who has been married for over 2 years at the time of the consular interview Holders of both CR 1 and IR 1 arrive at the POE , present the visa, and are given permission to enter the US and are granted legal Residency status on entering. The Visa (CR or IR) has been used. It is done. Over If the spouse enters the US when it has been over 2 years of marriage , they are granted permanent residency status .. so all IR1 holders get permanent residency, and a CR1 holder where their entry happens after 2 years of marriage also gets permanent status.. even though their visa was issued as Conditional. Hence the comments about it being good to wait if its workable. Conditional residents must apply for the conditions to be removed before their 2 yr GC expires. This then gives them permanent residency. If they do not complete ROC .. removal of conditions, then their legal residency status lapses when their card expires. Permanent residents must apply for a new card prior to their 10 yr card expiring... though their legal residency status does not change even if they dont apply for a new card. They just dont have evidence if their legal status as they don't have a current card

To reenter after the expiry date of the conditional GC she will need the NOA 1 for the submitted I751 and the extension letter which will be sent with the NOA1. My plan would be to fill out all the ROC forms and assemble all documentation prior to leaving USA and have a very trustworthy person mail it the day after the 90 day window opens .. use certified mail!!!! Then get that same trustworthy person to collect your mail and post the NOA1 and extension letter to you. Get USPS Informed delivery app so you can see whats coming each day in the mail. Also make sure you can access your myuscis account while away .. this usually requires having your US cell phone and US number operational .. and you will be able to see the NOA1 and letter on there.. download and print …. If all this goes without any hitches she will be fine to reenter.. but… there are lots of ways this plan can go sideways so.. Plan B.. be flexible in return date to be able return before the expiry if needed or change plans now and rebook tickets to return early. Even with plan B you should prepare the ROC application and have that trustworthy person mail it the day after the 90 day window opens.

As per TOS, English only in the main forums please As per TOS, english only in the main forums please

No new I864 needed Follow the instructions in the info you have received from the Consulate. If they require him to confirm the appt them instructions will be in that letter. If there are no instructions to do so then he does not need to confirm NVC has determined this application to be “ documents completed/qualified”. No need to upload anything else that has not been requested by NVC No fee at the interview but the Green Card fee (USD$220) must be paid after he has the visa in hand. Instructions should be in the envelope with his returned passport No need for any new documentation Only extra thing worth taking would be your 2021tax return … assuming you did not have this to submit when you submitted documents to NVC

Yes you are fine to travel with the I 551 stamp as long as it is not past its expiry date No change of status by filing for ROC. Assuming you filed I90 for GC replacement, just carry the I797 NOA for that application as well as the I797 for the ROC. While they are not needed, they fill out your “story” of why you are traveling on the stamp

Yes you must be married before submitting the I130. Where is the “ here “ that refers to living and working while waiting .., Canada yes .. USA no.

Look at the guide on this website and in the USCIS website ( spouse CR/IR1) visa. You take the first step by submitting I 130 which documents the relationship and hence the eligibility of your spouse to apply for an immigrant visa. When that is approved, she files the visa application and the two of you provide the required documents. Once everything is correctly submitted, she will have an interview at the US consulate in Montreal. The Interviewing Officer determines if a visa is approved and issued. 18/12 to 2 years from start to finish

Yep. We have adult children and 8 grandkids here in the US .. 93 yr old parents in Aust. I lose no matter where I am.

🥺😓. I hear you .. no one “ wins” no matter what you choose .. especially you and your spouse

93 year old parents in Australia .. totally understand. Many things the same as your situation ..loss of hearing , denial of reality, refusing assistance, wont ask … shape up or ship out has so many risks. .. no clear pathway here either .. 😢

I 864 obligation is not terminated with a divorce .. only when the beneficiary 1. Has 40 quarters SS credits or 2. Becomes a USC. or 3 Dies

Yep. I do understand. I agree that not having the naturalization certificate out of my possession was good. SSA were happy with the passport as evidence. DMV in MO isnt interested in changing my status until i renew my licence. Pre N400.. in 2020 .. I had to mail my GC to SSA in order to meet requirements for Medicare and SSA benefits .. that was before SSA made the direction that GC must not be requested to be mailed.. and way before the offices reopened for in person appts. I sure had a long 10 day wait for it to be returned. I got both the passport card and book so I have an extra ID document When I sent my GC to SSA, I sent it certified and enclosed a prepaid certified envelope for them to use to return it to me

If you are close to a passport office this works.. feels like gaming the system a bit though as appointments are increasingly hard to get and it means someone with a more urgent need may not get an appt My closest office i 6 hrs drive away

Correct…only needed if the sponsors situation has significantly changed such changed employer etc. Take a few recent payslips as evidence of current income

Im sure some have tried .. but it is a fruitless journey .. they wont see anyone without an appointment .. they have no information on the visa processing

The form must be current when submitted so you are fine with the I864 as submitted. Taking the 2021 tax transcripts is good

I liked your post !! We can be a good tag team. 😀

If his extension is granted he will not incur overstay .. if it isnt granted , overstay is backdated to the day after his I94 expires