jan22

Step-parents can file for an IR-2 for their step-child if the age requirements are met (child under 18 at date if parent’s marriage to petitioner and currently under 21). The 2-year requirement that you are referring to is for adopted children, not step-children. Note: The child will enter as an IR-2 but only as a permanent resident. As you, the US citizen, are not the biological parent, the child will not automatically receive US citizenship after entry, if you have read about that in connection with the IR-2 visa. They will have to naturalize on the same schedule as their permanent resident mother.

You didn’t read far enough into the section. Scroll further down and take a look at the first sentence in 9 FAM 402.2-5(E)(c). It, basically, says that an applicant coming to merely observe business, professional, or vocational activities can do so on a B1 visa. Other than meeting the general requirements to qualify for a B visa, the only other stipulation for a B1 observer visa is that the applicant must pay their own way (i.e., they cannot receive any funds from the place they are observing).

A B1 visa is the appropriate visa for a short-term medical observership. It does not permit direct,/physical patient contact — it provides only a shadowing experience.

The requirement is NOT “continuous presence” — it is physical presence, that is any time you were physically in the US. Any time you were in the US — legally, unlawfully, as a visitor, as a resident, as a citizen, etc. — it all counts. To repeat/clarify — all of the time you spent in the US counts for the 5 year requirement, as well as all the time since you naturalized. The Embassy is trying to protect your children and ensure that they do not lose their birthright citizenship if they qualify for it.

The I-134 is not a legally enforceable document, so is technically not a required document. Some consulates require it to help determine the likelihood of meeting the financial requirement at adjustment of status in some — or all — cases. The consulate not looking at it will cause you no problem (unless you are borderline for meeting the requirement and a “heads-up” would have helped you have more time to find a joint sponsor or something). You will need documentation such as what you gathered when filing the I-864 with the Adjustment of Status.

She was. OP posted the denial notice. It was, of course, a 214(b) refusal.

They can be served concurrently once the second J-1 program has been completed and the person has left the US. Any time spent in the home country between the two program could not, of course, be applied to meeting the requirement for the second program. So, the second one essentially “resets the clock” back to zero but the time accumulated after the second J-1 applies to both. Important note — the home country residence must be tha same for the two programs. If there’s a different home country for the second one, the two-rear residency requirement must be met for each country in that country, which can’t possibly be done at the same time.

Are you/your spouses from a country that permits multiple marriages? If so, you may have more problems than others have expressed here. You said you are not divorced from the first wife and have not physically separated either, if I understood correctly. You plan to divorce her and immediately petition your second wife. Since you are still living with the first wife up to now, if the home country allows multiple marriages, this will likely cause questions about whether your intent is to divorce wife #1 (but still maintain a relationship with her) in order to immigrate wife #2. If you cannot convince the officer this is not the case, the visa will likely be denied under 212(a)(10)(A), as it is illegal to immigrate a spouse(s) to practice polygamy. If not from a country that allows multiple marriages, there may be some questions asked about possible dual relationships, or marriage strictly for immigration purposes, but it might be easier to convince the officer as to your intentions.

What I said was go to the interview and have the officer adjudicate whether there actually is a ban. It is actually very difficult for someone on a student visa to accumulate unlawful presence/overstay, so there quite possibly isn’t a ban and a visa can be issued. The officer would not be “turning a blind eye” if, after reviewing the information, determines that there was no overstay. Your scenario is, IMO, so extremely remote in this case that even in the current climate it is very close to fear-mongering If the OP is still unsure, they could request a delay in visa printing — might not be done, as the officer would reassure that there was no ban and everything was good to go. But it may not be enough reassurance for them. Pushing the interview — taking it out if the normal processing stream — could result in it falling between the cracks and a long delay for an interview. There is no guarantee that it would be right after the ban is up.

That is not a risk if the visa is not issued until after the potential ban is up.

Or, you could go to the interview if it’s scheduled before Jsnuary and find out if, in fact, you have a ban. If you don’t, and everything else is good in your case, you’ll get a visa. If you do, they will give you a 221g refusal until either a) you get a waiver approved, or b) the ban is over. You do not have to apply for a waiver just because you went to the intervie. You can still wait out the ban, which will overcome the 221g refusal much sooner than getting a waiver, and the visa will be issued. You might have to update your medical; however, that’s likely still cheaper than the waiver fee.

As I said in my previous post, you cannot enter on a visitor visa (B2) with an intent to immediately apply for Adjustment of Status without being willing to lie to the immigration officer about the reason for your “visit”. While you might be admitted, it will likely cause you immigration issues every step of the way after that, up to and including the possibility of a denial of your I-485. in addition, it is to your benefit to go through counselor processing and get a visa. It will likely be less expensive (the fee for application versus the fee for a AOS, the fee for the medical for a visa versus the Civil Surgeon medical fee in the US, etc.). Most importantly, it will allow you to legally begin your life in the United States from the day that you enter with your immigrant visa versus waiting months for work authorization, etc.

You need to change it to consular processing and depart the US before the end of your authorized stay. It will be several years until your Priority Date (PD — the date your petition was filed) is current and a visa number is available for you. People whose petitions were filed by January 1, 2022, are those who now have visa numbers available. This has been the current PD for visa processing since October 2024, so it’s moving slowly. There is no way it will become current during your authorized stay, so there is no way you can adjust status. When a visa number becomes available, you will proceed with consular processing. You cannot enter the US as a visitor to adjust to permanent residence status (unless you lie to the immigration officer at the Port of Entry).

A couple of points for you to consider: If you were, in fact, selected for DV Fiscal Year 2025 as you stated, your Priority Date will have to become current, your Adjusment of Status filed, and all approved no later than September 30, 2025, the end date of DV 2025. Therefore, your planning would seem to be unnecessary, since you would have permanent residency (assuming your DV Adjustment of Status is approved) NLT the end of September, within your authorized grace period. If you were, instead, selected for DV 2026, your Priority Dare will not become current in September 2025. The program doesn’t begin until October 1, 2025. Your concern listed in #3 is something I would be concerned about. By filing the request to change from one non-immigrant visa status to another non-immigrant category while you know you are definitely planning to immediately file for an Adjustment of Status to permanent residency might well cause concern to someone at USCIS reviewing your case. There is a possibility that it could be considered a “frivolous” application and quickly denied. And, perhaps even more troubling — if your applications is quickly reviewed and refused (unlikely it will be reviewed quickly, but…), you will be considered out of status from the date your H1 ended, not the date of the denial and you may not be in status from which to apply for an Adjustment of Status. Consulting a really good immigration attorney with knowledge of changes of status and also DV timing/filing would likely be useful to you.

If your son entered the US on an immigrant visa (IR-2), in the physical custody of the American citizen parent (you), and is residing with you in the US — he is now a US citizen under the Child Citizenship Act of 2000. You can take evidence of his entry as a US permanent resident and a completed passport application to a passport acceptance office and get him a US passport. Please do this for him before you make any decision about or take action toward leaving the US.