Recent content by newacct

Do you have a Re-entry Permit? If not, my concern would be that, since you've been out for more than 1 year, the consulate might insist that you get an SB-1 returning resident visa in order to go back to the US, before they will issue boarding foils for the children. And SB-1 visa is super-hard...

You can stay for as long as you were admitted for on your I-94. By default, B2 is admitted for 6 months each time. There is no rule that they can't admit you for 6 months again after you've been out for only 3 months. If you are admitted for 6 months on the second stay, you can stay for 6...

I just looked at the visa bulletin; it looks like the backlog is already close to 10 years. So you are maybe looking at 15 years if it keeps growing.

Well you should get an I-130 receipt. But after that, nothing to do for a while.

The date you filed the I-130 is the priority date (PD). You need to wait until a visa number is available for this category and priority date, in about 7-10 years, before she can immigrate. She cannot get married until she immigrates (or at least not until you become a citizen), because there is...

The petition will be forwarded to NVC after I-130 approval, and only then will they ask for I-864.

She can petition (I-130) no matter where she is. But after the I-130 is approved, and it goes to Consular Processing, they will need the I-864 Affidavit of Support from her, which will require that she be domiciled in the US, or plan to re-establish domicile no later than when he immigrates.

Are you an asylee or an LPR? The answers for those are very different. An asylee needs to have a Refugee Travel Document to travel abroad and re-enter the US. An LPR technically only needs to have a green card to re-enter the US. In practice, to enter the foreign country, they will need to...

She can file an I-130 petition for him, either online or by mail to the USCIS Elgin Lockbox.

That's correct.

In the last year, there have been many reports of people claiming the exemption on the I-485 getting an RFE for an I-864. This is almost certainly USCIS's mistake, probably because the place to claim an exemption moved from the I-864W to the I-485 itself, and they haven't updated their internal...

That's correct. You don't need an I-864, so you don't need a joint sponsor.

No. If it did not cause issues when you got your green card (and it wouldn't), it wouldn't cause issues later as a green card holder.

"Authorized stay" just means "not accruing unlawful presence". It doesn't mean having "status". So they are indeed in "authorized stay" while a timely-filed, non-frivolous EOS/COS is pending. The COS would be predicated on the approval of the earlier EOS. If the EOS is approved for a period...

Correct. It just needs to be valid at the time she enters.