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dtw313

WIFE AND I ALREADY LIVE IN US

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My wife is Native American (50%+) and she came here in 04. My question is, will it be a problem when applying through IR-1?

I gather you are the US citizen and she is the immigrant? So you are saying she came here in 04 and overstayed? I don't get your question or why it matters she is 50% Native American. Could you clarify please.


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From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.
Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

:goofy:


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Where was your wife born, I found this link http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=82a83a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=82a83a4107083210VgnVCM100000082ca60aRCRD for Native Americans born in Canada. Follow these steps for your wife.

~~~~Moved to Adjustment of Status from Work, Student, & Tourist Visas, from IR-1/Cr-1 Process and Procedures~~~~After rereading the steps your wife will take I realize your question does not really fit any spacific place, I will leave your thread here as this forum deals with many issues.

Edited by Ontarkie

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I gather you are the US citizen and she is the immigrant? So you are saying she came here in 04 and overstayed? I don't get your question or why it matters she is 50% Native American. Could you clarify please.

Sorry, she is Canadian. The reason I mentioned that she is 50% Native American is to show that she has been here legally the whole time. Everything I have read always states that the applicant came to the US after starting the application. In our case, we are already here and will that make a difference?

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Sorry, she is Canadian. The reason I mentioned that she is 50% Native American is to show that she has been here legally the whole time. Everything I have read always states that the applicant came to the US after starting the application. In our case, we are already here and will that make a difference?

Are you a USC? Or are you trying to adjust your status?


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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I am the USC

Oh, ok, then you shouldn't have any issue. She can either apply for a green card based on her Native American blood (see link above), or she can apply to adjust status from within the US (II-130 & I-485) based on her marriage to you. You can do the IR-1 if you really want but that doesn't make any sense for you unless she intends to move back to Canada in the meantime. IR-1 is when the spouse is not already in the US.

Edited by ceadsearc

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Sorry, she is Canadian. The reason I mentioned that she is 50% Native American is to show that she has been here legally the whole time. Everything I have read always states that the applicant came to the US after starting the application. In our case, we are already here and will that make a difference?

Thank you and WOW i learned something cool and new. That link is really informational. And of course a Visa should be a guarantee for your wife. Congratulations.


Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.
Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

:goofy:


Come join the current Interview thread: 

 

Case-Complete-to-Interview-November-2018/

Case Complete to Interview Form
Case Complete to Interview Spreadsheet
NVC Filers Wiki Process

 

 

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Sorry, she is Canadian. The reason I mentioned that she is 50% Native American is to show that she has been here legally the whole time. Everything I have read always states that the applicant came to the US after starting the application. In our case, we are already here and will that make a difference?

File as Native American, If she has a Status Card from Indian Affairs (or whatever it is called now). The reason being, is that it will be free, as it is free for Natives, but not for spouses. Its a pretty simple process as long as she has her documents.

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