portorusa

Congrats to both of you! Looked at your timeline. Had your wife waited for a month to arrive in the US, you could have avoided the ROC hoopla.

What is a current status of your mother and two siblings, are they under Uniting for Ukraine Program? In other words, is it only just for you that you want to apply for a TPS? You certainly can try to do it now - before your K-1 expires but if I were you, I'd consult with an immigration lawyer first. You can try to search a pro-bono lawyer in your area or the one with a free initial consultation. The other thing is, your American fiance might be afraid to take on financial responsibility (or to continue having it), and it might escalate. Do you have a safe place to go in case it's necessary?

It's unclear where you are now - in your home country waiting for the interview for CR1? If yes, then at the time of the interview the officer will be counting the days based on the stamps in your passport. You don't need to send them anything. If at the time of the interview the number of days spent in your home country is less than 2 years, you won't be issued the visa - instead told to come back after the time is served.

I did not have a personal experience with 2YYHR but I know someone who did. At the Consulate they do count a physical presence in your country - literally. And yes, they look at all the stamps in your passport and calculate each day.

If it's within 2 years since I-130 was approved, then OP can save $535 and just ask USCIS to re-start Consular processing based on the same initial petition for the immediate relative of a U.S. citizen. I-130 is valid 2 years.

Your immigration path will be based on the approved I-360 and not your marriage. Annulment or divorce, it’s termination of the marriage and it won’t reverse the I-360 decision or your GC approval. I know of the case similar to yours. There was a family court decision of annulment on the grounds of fraud. By then there also was an approval of I -360. And a successful GC later. Do not worry, abusers often seek revenge claiming immigration fraud. Good luck!

Count 3 years forward from the date of the GC and count 3 months back = the date to file N400.

The Consulate in Paris is notoriously bad about responding. What visa are you waiting for? I nagged them for weeks to get a response in 2020. Last month I sent an email to the Immigrant Visa unit, and got a robo-reply that they are severely backlogged with cases. Still waiting to get a response to my inquiry.

Thanks for all the responses! I contacted the Embassy three weeks ago, and received a robo-response that they are heavily backlogged with cases and slow in responses. If I petition him as my stepson, will it matter that he would be 18 years old? Also, will I have to file I-130 all over again even though he had been approved as my family member in 2019?

Hi! I am a US citizen. My husband is a green card holder, he has a 10 year green card. My stepson is in France, he will turn 18 y.o. in a few days. We want to bring him to the US to live with us. The thing is, my stepson already had his IR-2 visa in 2020. He never used it due to the pandemic and family issues, so stayed in his home country with his mother. The visa expired, of course. Now, what do we do to bring him to the US as soon as possible? Do I have to start the process from scratch (I-130) again, or does his father (my husband) has to initiate it? Please advise! Thank you!

I am a US citizen, filed for my sister I-130 back in 2010. The Approval arrived 4 years later, in 2014. But the PD date is the date USCIS received my petition (2010). Hope it does make sense?

Were you notified of the reason for a LOC be placed on you at the time? And who was behind it? Did they tell you if it was temporary, and if yes, for how long?

You filed on the basis of a 5 year rule so it has nothing to do with your VAWA. They will not be asking you about abuse, do not worry! They will be asking the regular questions, i.e. periods of being outside of the US (travels within last 5 years), where you work, where you live, marital status, national security questions on prostitution/terrorism. It will be easier than you think. Good luck!

I130 for a sibling is correct for a normal situation. Afghan nationals fall under special circumstances now at the time of the political crisis in Afghanistan. Your wife should file a different form, I-131 for her sister: https://www.uscis.gov/humanitarian/humanitarian-parole/information-for-afghan-nationals-on-requests-to-uscis-for-humanitarian-parole#:~:text=You%20must%20file%20Form%20I,131%20for%20each%20family%20member. Good luck!