sneyek

I just received my stepdaughter green card that contains , in my opinion , error. She got 2 year green card instead of 10 year. Correct me, if I'm wrong. I and her mother got married on January 18th 2020. On my daughter's green card it says she's been resident since April 22nd 2022, which means she should be in IR2 category instead of CR2. Our marriage has been  over 2 years when she became permanent resident. Should i file I-90 and tell USCIS that it is their mistake??  Any help is appreciated.

7 hours ago, Boiler said:

Unlike I 601's, I 212's can be filed at any time. And you know her history.

 

Solo I 212s' processing times certainly used to be all over the place compared to I 601s and I doubt that has changed.so any processing time is very speculative.

we filed i-212 before visa number was assigned to my wife. Unfortunately our application was refused. That means, solo i-212 can not be send at any time.

8 hours ago, Boiler said:

Do you have a basis to expedite?

 

Why did you wait until now to submit the I212?

we were not told at the end of interview that we needed waiver. Consul said they have to run a background check,which took several months. we recently received letter from embassy stating my wife qualifies for waiver. what basis do I need to qualify for expedited removal??   Is there a chance that our petition i-212 gets approved earlier then 6 months period?

10 minutes ago, Allaboutwaiting said:

https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

Thank you for that. I will try to expedite processing once I get notice number. I appreciate that.

3 minutes ago, Allaboutwaiting said:

Yes, you can request for it to be expedited. 

how do I do it?? I have my application ready to be sent. I'm planning on sending it tomorrow.

8 minutes ago, sneyek said:

 

can i-212 be expedited?

2 minutes ago, Allaboutwaiting said:

You can request for the visa to be reissued.

she will have to do new medical exams?? who should i contact to get her visa reissued?? nvc??

i will try to make the story short. My wife and my stepdaughter had interview in march 2021 and were put on administrative processing. In December she got a call from embassy  that background check was received and they can proceed with their visas. My wife and stepdaughter were asked to do new medical exams since the previous ones expired. on january 5th we checked the status of their visas and my stepdaughter visa was issued, but my wife received a letter from embassy stating her visa was refused under section 212 a 9 a and there is waiver available for her. I forgot to mention she was in expedited removal and removed from the USA on September 2018. the thing is my stepdaughter visa is valid until June 22nd 2022 and I'm not sure if we get waiver approved before that date. I will not be able to take care of my daughter without my wife being with her. What are my options?? can my daughters visa be extended ?? can we expedite i-212?? When I check processing time for i-212 form, it doesn't look good. It says , it take 6-8 months to get it approved. By the time that waiver is approved  my daughter's visa will expire. I hope someone here can help me and tell me what  my options are.

36 minutes ago, carmel34 said:

Yes, try that approach and hope that they will hold the I-212 until after the I-130 is approved and visa interview scheduled and done at the embassy/consulate abroad, then if needed, USCIS can send the I-212 application to the appropriate embassy/consulate.  There's certainly no harm in trying.  Best case, they say yes.  Worst case, they say it was your error that you filed it too early and the fee is nonrefundable.  In that case if they ask for a new I-212 at or after the spousal visa interview, you'll file one again with a new fee.  Normally an I-212 is not filed until after the immigrant visa interview (CR-1/IR-1 in your case), and the IO asks for it.  The reason it was denied is that the issue of inadmissability is irrelevant until an alien person is found to be eligible for a visa on all other grounds, first an approved petition (I-130), then at the visa interview if everything else looks good.  Plus, I-212 inadmissability is complicated and in some cases, such as being refused entry with VWP, an I-212 may not even be necessary.  Did you consult with a good immigration attorney on the I-212?  Generally, inadmissability waivers are more successful if you use a good lawyer who has experience with these complicated cases, for best advice and timing.  Good luck!

thank you. What you just said makes sense. I shouldn't have sent it this early and ,as you just said, may not even be necessary to send it at all. I will send a motion to reconsider and explain them my situation. Hopefully they say yes and hold this application until it is needed.

11 hours ago, milimelo said:

You have to be told at the immigrant visa interview to file I-212 before you can do it. You jumped the gun. 

I was told on this forum that you can send form I-212 before you go to interview. Although I may have sent it too early. Can it be postponed until visa becomes available? this petition costs nearly $1000. I do not want waste this money.... anybody???

I have a situation and I need some help. I want to say that vj has been really helpful and I appreciate that. I hope someone will help me with this. Here is my story. My wife was denied entry to the US at the airport and was removed from the country. She had a tourist visa at that time. Right after that we got married and filed i-130 in march 2020. then we realized she will need i-212 to re enter the country. so we filed i-212 in june  2020. Our i-130 is still at Uscis in Texas. We just received denial notice of i-212. The reason for denial is : "A review of USCIS and U.S. Department of States records show that you don't have a pending visa petition." "You don't qualify for an approval of an I-485 adjustment of status, because you do not have an available visa or petition. Therefore, USCIS denies your form I-212". Correct me if I'm wrong, but it seems to me that we filed i-212 too early? Does USCIS consider pending i-130 as a petition? if so, there is an error on their side. They are giving us option to appeal to AAO or submit a motion to reopen or reconsider. I would like to hear from people what our options are. Should I submit a motion to reconsider and explain that we are still waiting on our i-130 to be approved. I have 33 days to respond, otherwise case will be closed. We have waited over 4 months to hear back and we were given denial. I don't want to submit new I-212 .

thank you.

are you positive on this?

hi.  I have a question about police clearance certificate. i'm petitioning my wife and  we need police clearance certificates from places where she lived. she lives in Ukraine at this moment and we know how to obtain certificate from Ukraine. She used to live in USA for some time and i figure we may need a certificate from the States as well. question is : how do we obtain certificate from USA? any info is appreciated.