7 minutes ago, SusieQQQ said:

This is your basic error of assumption. The US does not consider immigration to be a right. It is a privilege.

 

I don’t see a point in responding to the rest of the post, venting at other posters because you don’t like the law doesn’t require a response. 

Thank you for the helpful part and best of luck. 

1 minute ago, SusieQQQ said:

This is your basic error of assumption. The US does not consider immigration to be a right. It is a privilege.

 

 

Being together as a family is a basic human right. You can't take away a child from a mother, for example. Immigration is a privilege, but the way laws are designed, they build upon basic, foundational rights.

1 hour ago, Boiler said:

The US is actually very generous in the Family Categories, expecting a Permanent Resident to bring an adult nephew does seem somewhat optimistic.

 

It does seem that a significant percentage of students intend to stay once they have qualified, usually through work so I would not rule that route out entirely.

Thank you. Totally agreed, it is indeed generous. As far as that being optimistic, her nephew being an adoptable orphan for whom my wife assumed responsibility after her sister's death, I would not agree here. Like I mentioned in the previous post, unmarried children under 21 (not 16, not 18) can immigrate. He will be left without family there. 

1 hour ago, aaron2020 said:

Susie has been helpful in providing you with answers.  She clarified that there is no way for your wife's nephew to immigrate since he's an adult and you stated that "there should be a way for a family reunion" in your case.  There isn't.

 

Don't shoot the messenger when you don't like the answers.  Especially when people are trying to help you.  

We can perfectly sort things out with Susie, we don't need a mediator. You are being rude and arrogant trying to interfere and preaching to me. If you are having a bad day, do not spread it to others. 

1 hour ago, SusieQQQ said:

You said “There should be a way for a family reunion in our case.“  There is no nephew visa and no route to a visa through an adoption after age 16.  So practically, the only way for a family reunion is in their home country and not the US. Is that more clear? 

That was clear already if you could read between the lines. No doubt you understand that I did not like the reference to the 'home country' and the overall tone that you took: " I’m sure she is perfectly able to adopt him and look after him in his home country" It's totally out of context and misplaced, especially these times, with this administration and on the background of the posted question. It makes you look less helpful and more hateful. 

The reason that I said  "there should be a way for a family reunion" is that the US immigration law is striving to provide ways for families to immigrate together. It's a basic human right. Unmarried children under 21 years of age can immigrate with parent, why orphans and adopted children should not be able to? My assumption was that the law does its best to provide an avenue for every person to legally immigrate and may have something in store for this more complex case. 

Another point, you did not ask if he is special needs or capable of survival in the context of his location. "he is legally an adult" You are referring to the word of law, but my understanding was that I was speaking to humans here. 

2 hours ago, SusieQQQ said:

You might think it’s ridiculous but unfortunately that’s the law as it pertains to immigration. I’m sure she is perfectly able to adopt him and look after him in his home country.  Anyway that is all moot now as at 18 he is legally an adult, basically everywhere right?

I do not understand your point, sorry. Are you trying to help or clarify something?

2 hours ago, Boiler said:

So she did adopt him, at 16?

She did not. He lived with her, she raised him, there was no practical need to adopt him. It just came up when we got married and she decided to move to another country. 

On 9/8/2020 at 11:56 PM, jan22 said:

Which requires that the applicant be able to show non-immigrant intent, which doesn't seem to be the case here.

thanks for the comment, I didn't think about that... There should be a way for a family reunion in our case. The whole part about the nephew that he should have been adopted before he turned 16 y.o. is ridiculous given that his mother died after he turned 16. 

11 hours ago, SusieQQQ said:

Unfortunately, no. At 18 he is an adult (too old to be adopted) and there is no basis for a familial visa for a nephew (other than as derivative of sibling petition of USC, so cannot apply in your wife’s case).

Thank you for the helpful response. I had the same findings, but was hoping there was something else I am overlooking.

9 hours ago, Boiler said:

Maybe a student visa?

thank you for the suggestion, looks like our next option, indeed...

Dear VJ'ers,

My wife is immigrating through the CR1 spousal immigration process and will become a Green Card holder shortly. Her divorced sister deceased almost 2 years ago and left behind her son, my wife's nephew. He is now 18 years old. His father lives in another country and does not take care of him. My wife wants to bring him from their non-Hague country to the United States to give him a better future.

Any way for us to do that? 

Thank you!

1 minute ago, Mi0&Li0 said:

Yes, once we get it we need to send to the consulate, they kept my passport, 

No document no visa, this is the way they reply to each our sent emails

I see. Have patience. One last step and you have a visa. Depending on her tax situation, your wife may be able to file taxes now and make an amendment later. The IRS (US tax agency) will need about 10 days for the tax account transcript to be generated. The good thing is that they don't need the original tax transcript, this removes about a week or two. She can download it from the IRS website. Good luck!

15 hours ago, v2talk said:

Global Health Advisory Level 4 "Do not travel" has been lifted. This might mean that we are all one step closer to reopening embassies.

Twitter - Travel State Dept

 

 

See individual travel advisories here: https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/

12 hours ago, Mi0&Li0 said:

I had an interview on august 4th in Kazakhstan, Almaty where I got refused under section 221g, because the consulate asked for tax information 2019, but my wife won't have it until October.

Hmm... looks like your wife filed for extension... did they ask you to resend the paperwork by email, once available?  

Global Health Advisory Level 4 "Do not travel" has been lifted. This might mean that we are all one step closer to reopening embassies.

Twitter - Travel State Dept

Judge Issues Two Nationwide Injunctions Blocking “Public Charge” Immigration Rules Amid COVID-19 Pandemic
https://www.nilc.org/2020/07/29/injunctions-block-public-charge-rules-amid-pandemic/

43 minutes ago, chris413 said:

Also maybe a dumb question but is case complete the same as DQ? I apologize I’ve been trying to search and read everything I can

yes, Documentarily Qualified / Complete are the same thing

Quote

If NVC determines you have paid the necessary fees, submitted the required immigrant visa application, Affidavit of Support, and supporting documents to NVC, you will receive an email that your case is documentarily complete and NVC will work with the appropriate U.S. Embassy or Consulate to schedule an appointment for you. 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-8-scan-collected-documents/step-9-upload-and-submit-scanned-documents.html

"DQ" was likely derived from this document https://fam.state.gov/fam/09FAM/09FAM050404.html

3 minutes ago, Daria Parkinson said:

Thanks for letting me do so.

 

But seriously, I apologise. Somehow the website in Russian language does not say anything, like this.

Sorry for misunderstanding, I was responding to the other person. I believe your information is correct, Daria. No need to apologize. 

Are you also waiting for CR1 visas to resume processing in Moscow? It looks like the actual situation around covid is keeping their doors closed. 

15 minutes ago, Louis61404 said:

You should delete your account here with all the trash you post.  Once again, you're wrong.  There's nothing more to say about it.

https://ru.usembassy.gov/visas/

Consulate General Yekaterinburg has begun to accept a limited number of interview waiver visa applications for C1/D and F visas ONLY.

You can keep your account here. 

1 hour ago, zolotinka said:

It’s just information about things being the same and considering their recent silience it’s still better than no updates. 

You can transfer to the embassy of the country where you have a citizenship or where you legally reside now.

I see the things exactly the opposite way. I guess this kind of update just means they are not even thinking about reopening anytime soon. Silence meant to me they were thinking, so it was good. I expected an update around this time and the hope was they would announce plans on reopening. Indeed, an update came out but it looks like they made a different decision. 

Can you please point me to the source of your information for the case transfer? For example, US embassy in Japan says that you can transfer the case if the other embassy wants to process the case: https://jp.usembassy.gov/visas/immigrant-visas/case-transfer-request/

2 hours ago, zolotinka said:

An update on Moscow Embassy's Facebook page without changes in fact - "Visa processing is suspended for all but emergency cases until further notice".
Consular operations status

Hi,

Not sure what this video means exactly as far as their plans and timeline on reopening, but maybe those going through Moscow should consider transferring their case to a nearby country where they'd have better chances of ever getting through this nightmare this year. 

Can anyone suggest the *best* European embassies a CR1/IR1 case can be transferred to that are already open or are going to start processing the immigrant visa categories in the near future (within two weeks)? 

Also, anyone knows how much time is needed for the transfer?