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US Immigration from Canada





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Final review - I-130/I-485
2:54 am September 22, 2020

JasonS1

JasonS1

Read 1363 Times
7 Replies



Hi all,

We are filing our I-130 and I-485 on Wednesday. It would be appreciated if you would take a look at the documents we're submitting and advise if we're missing anything.

Thank you.

Form I-130

1) A check for the amount of $535.00 to cover the filing fee;

2) Form G-1145: e-Notification of Application/Petition Acceptance;

3) Form I-130: Petition for Alien Relative;

4) Form I-130A: Supplemental Information for Spouse Beneficiary, for the beneficiary;

5) Two (2) photos of the petitioner and two (2) photos of the beneficiary;

6) Copy of Petitioner s U.S. birth certificate;

7) Copy of Petitioner s U.S. passport;

8 ) Copy of marriage certificate of petitioner and beneficiary;

9) Copy of Beneficiary s birth certificate;

10) Copy of Beneficiary s passport biographical page;

11) Copy of Beneficiary s I-94 and passport entry stamp in valid TN Status;

12) Evidence of bona fide marriage consisting of:

a) 2019-2020 lease agreement signed by the petitioner and beneficiary

b) 2020-2021 lease agreement signed by the petitioner and beneficiary

c) Joint bank account statement of the petitioner and beneficiary

d) Photographs of our relationship

Form I-485

1) Check for $1,225 (Form I-485 @ $1,140 and biometrics @ $85)

2) Form G-1145: e-Notification of Application/Petition Acceptance

3) Beneficiary s Form I-485: Application for Adjustment of Status and the following supporting documents:

a) Copy of beneficiary s birth certificate;

b) Copy of beneficiary s passport biographical page;

c) Copy of beneficiary s passport entry stamp in valid TN Status;

d) Copy of beneficiary s recent I-94;

e) Copy of marriage certificate; and

f) Two (2) passport photos of the beneficiary within the past 30 days.

4) Petitioner s Form I-864: Affidavit of Support filed by Petitioner and the following supporting documents:

a) Copy of petitioner's most recent Federal Tax Return Transcripts for the three (3) most recent years;

b) Proof of employment (letter of employment and supporting pay stubs);

c) Copy of petitioner s birth certificate; and

d) Copy of petitioner s passport biographical page as proof of US citizenship.

5) Beneficiary s Form I-765: Application for Employment Authorization with the following supporting documents:

a) Two (2) passport photos of the beneficiary within the past 30 days;

b) Copy of beneficiary s passport biographical page;

c) Copy of beneficiary s passport entry stamp in valid TN Status;

d) Copy of beneficiary s recent I-94;

e) Copy of marriage certificate;

6) Beneficiary s Form I-131: Application for Travel Document with the following supporting documents:

a) Two (2) passport photos of the beneficiary within the past 30 days;

b) Copy of beneficiary s passport biographical page;

c) Copy of beneficiary s passport entry stamp in valid TN Status;

d) Copy of beneficiary s recent I-94;

e) Copy of marriage certificate; and

f) Copy of beneficiary s birth certificate.

7) Beneficiary s Form I-693: Report of Medical Examination and Vaccination Record

8 ) Form I-944: Declaration of Self-Sufficiency is not required to be filed at this time per USCIS guidelines. Find attached the Injunction of the Inadmissibility on Public Charge Grounds Final Rule printed from the USCIS website.



 
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Opinion: Immigration: A federal court may have declared immigration arrests unconstitutional
2:02 am September 22, 2020

CanAm1980



Read 1220 Times
14 Replies



When police arrest people for suspected crimes, the U.S. Constitution requires them to show probable cause to a judge within 48 hours. But Immigration and Customs Enforcement (ICE) does not do that. When ICE arrests people, it typically holds them for weeks before any judge evaluates whether ICE had a valid legal basis to make the arrest.

That may need to change.

A federal appellate court in California recently did something that is at once simple and radical. The 9th Circuit Court of Appeals said the usual constitutional rules that apply to normal police all over the country also apply to ICE. "The Fourth Amendment requires a prompt probable cause determination by a neutral and detached magistrate," the court said. This really shouldn't be a big deal. Prompt independent review by a judge of whether the government has a legal basis to take away a person's freedom is an essential safeguard against tyranny. It's something we all should be able to take for granted.

Yet it is a big deal. Since the 19th century, immigration enforcement has existed in a constitutional shadow land where the usual rules do not apply. When ICE arrests people, the only immediate review is from the ICE officers themselves. It may take the immigration court weeks to hold a hearing, and typically at the first hearing the judge may deal only with procedural matters.

https://thehill.com/opinion/immigration/516740-a-federal-court-may-have-declared-immigration-arrests-unconstitutional



 
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My fiance and I both live in canada but will be moving to the USA
12:46 am September 22, 2020

kaelyra



Read 3988 Times
48 Replies



Hi there! This is my very first time on the page, so absolutely any help would be so appreciated! I was born in canada and naturalized through my mom marrying an american before I was 18 years old. I then moved back to canada after spending 12 years in the USA. Now i am engaged to a canadian only. I just recently bought a house in Washington state, but live in canada still. We are getting married in August 2021. Does any one know if there is a way to get him a visa while we are both still living in Canada ? If not, is there a certain amount of time I have to be living in the states before we can apply? Also, is there a visa that will allow him to cross to and from canada every day as his work is in canada? So many questions! Appreciate any help at all! Even if its just answering one of my questions! Thank you so much!



 
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K1 with Previous J1 Visa
8:47 pm September 21, 2020

pooj97

Pooj97

Read 1183 Times
11 Replies



My fianc and I are waiting for his K1 interview at the Montreal Embassy. He was previously here on a J1 visa from September-December 2018 but hasn t spent the entire 2 years in Canada due to him being a student in the UK from January-June 2019. We re almost 100% sure he isn t subject to the 2 year Home residency requirement because Canada isn t on the skills list, he didn t receive graduate medical training, and his program was 100% funded by his parents and it says personal funding on his DS-2019 which we plan to bring to the interview. Unfortunately he doesn t have his J1 visa because the consular officers at the border took his visa (apparently that s what they do with Canadians) and his DS-2019 isn t marked either. I m still very paranoid that he ll be denied due to the 2 year rule and was wondering when in the K1 process they look at that? Do they look at the K1 interview or during adjustment of status? I ve heard different things about when they would check? And how would they check? Do they have a copy of his J1 visa? Will they ask for his DS-2019 and make a determination there? What if his J1 visa wrongly states he s subject as what I ve seen with many people? How could they make a determination based on that?



 
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Letter of Permission/Consent from Biological PARENT (SPLIT)
7:00 pm September 21, 2020

Schupper



Read 551 Times
4 Replies



On 12/23/2013 at 10:00 AM, camden said:

Search for Julie Salako on here, she brought both of her stepsons over successfully.

Hi, Camden (or anyone else who can help)!
Can you please direct me to this info?? I wasn't able to find anything by Julie Salako using the VJ search function.

Thanks!



 
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