appleblossom

Right, so the I-130 filed by your mother is irrelevant if they're now divorced. As @Crazy Cat asked, what's your father's status in the US and how did he enter and when?

Top tip: if you click on a username you can see all of that members previous posts. Here you go - Good luck with yours.

Which country are they from? There is always a risk, a visa doesn’t guarantee entry, but plenty of people visit with a pending I-130 with no issues. They should take proof of ties to their home country i.e. evidence of annual leave from a job, house, business, any other children etc. As you’re asking about a tourist visa, I’ll move this thread to the relevant forum. Good luck.

I really think you’re reading too much in to this and taking it too personally. The letter wasn’t ‘nasty’, it’s a standard one from a template. This isn’t anybody taking action for political reasons, it sounds like a case worker that somehow missed the evidence or just made a mistake. Or as said above, there’s something that’s raised a red flag for them - is there a large age gap for instance? I know it’s easier said than done but step back, take the emotion out of it, and just give them the evidence they’ve asked for. I’m sure you’ll be approved in no time. Best of luck.

It’s not clear, who’s the US citizen? Was the I-130 filed BY your mother or FOR your mother? Where are you now and where is your mother?

What's the reason for the I-824? Processing time is here - https://egov.uscis.gov/processing-times/

What date did you submit it? If you're eligible to adjust status then you can file the I-485 whilst the I-130 is pending, no need to notify anybody.

If she's in the US then she must have already had them taken on entry, so they won't usually need them again.

Yes, exactly. Any absence 6 months or over resets the clock. If her 2025 trip was less than 6 months, she can start counting from whenever she returned in 2023.

Fab. It would be super helpful if you could fill your timeline in (on your profile). So if your PD is now current then you can go ahead and submit your I-485, there's a guide at the top of the page which may be useful - Best of luck.

OK, and your husband is a green card holder, that's how you're adjusting status? When was your I-130 approved?

*Thread moved from DCF to Bringing Family Members of Permanent Residents, on the assumption that OP's husband is a LPR** Are you in the US now? On what visa?

She can leave, but just not for longer than 6 months. That's what breaks the 'continuous residency' requirement. https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3 So if her 2025 trip was over 6 months, then wait 5 years. If it was less than, she should be eligible to apply in 2028.

No, there are no visas available until the new fiscal year.

I would only go with official info, not that website. There is some misinformation on there, and it's also aimed at B visa applicants. But having the SAR is a good idea, so it's good that you've got that underway.

How did you contact them, was it via this page? https://egov.uscis.gov/e-request/onpt Have you tried getting your congressman to ask on your behalf? That may be worth a shot.

It's no problem at all, and no new I-130 has to be filed. All he has to do is add his wife as a beneficiary to his case - https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing/ceac-faqs.html#ceac16 They will then both apply for visas, and both interview when the times comes and their PD is current.

AP is hours to years. There is no set time. Mine was only showing 'Administrative Processing' for about two hours - as we've said above, EVERYBODY goes through AP. It's simply final checks before a visa is issued. Not sure what you mean by 'recd', please type the full word out?

As it's a dependent visa rather than a standalone one, it would just come under L-1 I think.

It sounds like you will need a waiver, the downside of that is the time it takes for that to be processed. But the immigration lawyers should be on the case for you. Good luck.

It's nothing to do with race. But you're well over average processing times, so have you submitted a case enquiry?

You have no way to stay though. And unfortunately by overstaying you have made things so much worse, if you'd left you'd have been able to keep visiting, but now you have a ban. If you leave before you have a year's overstay then your ban is 3 years, rather than 10, so please think really carefully about overstaying beyond that date. The longer you leave it, the worst it is likely to be - particularly with the current administration. Would your husband bring the children to visit you in Europe if you're waiting out a ban? Is your family court lawyer aware that you have no way of staying in the US and that the only option for the children to stay with you is for you to remove the children from the US to take them home with you? Says above she's overstayed more than 180 days but less than a year.

Then I'm sorry but unless you can find another route to stay (employment etc), there is no option for you to adjust now. You should leave before you reach a year of overstay, as at that point a 10 year ban will kick in - plus of course you're at risk of being deported now as you have no legal status, and it would be better to go voluntarily rather than face that. How old are your children? The eldest could petition you when s/he reaches 21.

What exactly has been filed and when?

You've been approved for an interview waiver based on very basic information, but they then still have to look at your information and decide whether or not to grant you a visa. As part of that they can call you for an interview at any time, or request any documentation they want.