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US Immigration from Canada





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Anxious as I prepare for Interview
12:15 am August 9, 2020

Callistora

Callistora

Read 1199 Times
11 Replies



So me and my Canadian husband sent in a AoS package back in October 2019, we've had no issues so far other than having to send in a long form birth certificate. Our original interview was back in April but was cancelled because of COVID-19. He has done his biometrics and gotten his EAD and work SSN.

I can't help be so anxious about the interview. We've been married for 4 years. He was out of status (overstay) for 3 years pretty much as we had some emergencies pop up that required money which made it hard to file while providing for both of us. He's obviously been unemployed and we stay with my parents (I pay them rent). He came on a tourist visa in February 2016 to help me care for my Mom who had open heart surgery, we were gonna drive back and stay in Canada after a few months when she was recovered but I ended up getting promoted to full time at my current employer and decided I wasn't sure if leaving that job and my Mom was such a good idea and I guess since our plans were changing and we were gonna be separated he ended up proposing end of July 2016 and we were married in September at the courthouse where my Mom and a family friend was present.

The evidence I have is joint bank account for last 2 years, 3 years of joint tax returns, I added him on my main credit card as an authorized user (although there is no paper showing this that I can find but he has the card in his wallet). We have a joint phone plan for over a year and he is the beneficiary on my work life insurance. I've met his family (I don't have pictures though as this was 5 years ago) and he has met mine (which I have holiday pictures every year of him, me and my extended family). I also have evidence of one vacation together (all we have taken) with pictures and also pictures of us at a concert. I have evidence that we visited 4 times before this last visit. And lastly I have a ton of greeting cards (most still have the envelope with postage and our address and names) I kept from his mom and grandma to me and him over the last few years, some with a lot of writing since his grandma loves to write to him.

What I don't have is a joint lease or utility bills as everything is in my Mom's name ( but I do have an affidavit from her, and also his Mom too). We bought a car together (this was the event that most caused us to have to postpone our application as my car was a money pit and then finally died making us use any savings we had trying to keep it alive and then on down payment on a new car ) and I have pictures of us on that day with our but I wasn't able to add his name to it.

Unfortunately outside of holidays with my family we don't have many pictures. We are homebodies and game in our free time and I don't know how to provide evidence of that.

The things I'm most worried about is we met online in the game WoW and I am 13 years older than him. It's never been an issue for us but I know age gaps are frowned upon. Also his overstay and proposing on a tourist visa even though none of this was our intent, it's just what ended up happening.

Sorry for such a long post I'm just extremely anxious about the interview. My husband tells me to calm down and it'll be fine but I just want it to be over so he can work and we can start a family.

Is there any other evidence we can provide that I haven't thought of or do you think I have enough? And would any of my concerns cause any serious issues at the interview?

I can screenshot texts from the last 2 years on my phone to and from my husband, between my husband and my mom, or between me and his mom if needed.



 
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TN visa to CR1 or AOS with kids?
7:59 pm August 8, 2020

Juliekaz

Juliekaz

Read 1292 Times
13 Replies



Hello,

I have been reading a lot up on TN status (not for dual intent) expires June 2022 and confused going the CR1 vs AOS route following marriage to USC for GC.

I know that the CR1 is considered a "loophole" that does not violate the TN intent, but I cannot apply for it until my boys are with me on June 2021 using my TN status for TD status

My question is:

1. Should I wait to get married until they are with me on TD status and then apply for AOS with EAD and AP for the 3 of us (issue being I would have to get married right away and file I-130 and 485 with EAD and AP request in order to not violate court order that has boys visit with their father in Canada, but entry and immediate marriage has intent issues)

OR/

2. here on the TN/TD status and apply for CR1 which I am by lawyer we are able to travel between Canada and USA freely on the TN/TD status until CR1 and CR2 is approved (issue here is my TN status would only have 10 months left and I have read multiple times you cannot travel on TN while CR1 is in progress)

OR/

3. come here on TN/TD status I apply for AOS with EAD and AP following wedding and have the boys go through with CR1 while in US so they can travel to visit their father? (but does this invalidate the TD status if I have changed AOS status)

OR/

4. have the boys come to the USA on F1 status as a student and not use my TN status and then apply for CR1? or then AOS with them

If I had the boys on a F1 student visa then I could go the CR1 route myself with plenty of time left on the TN visa to work in US.

I just want to find the best route for my boys without losing their ability to visit their father in Canada or losing their pending GC



 
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Traveling to the US from India on a valid B1/B2 visa
3:26 pm August 8, 2020

slider100

Slider100

Read 1665 Times
14 Replies



Hello everyone, I needed some insights on this particular scenario. I am a US citizen and my mother, currently residing in India, has a valid 10 year B1/B2 visa. She also has an approved I-130, we are waiting for an interview which won't be until early next year.

In the mean while, I know she can visit us as long as we are transparent about the current I-130 application approval and "convince" the CBP official that she will be headed back in a couple of months.

My question is how can she fly in from India? I understand the Presidential Proclamation has cited multiple Schengen countries that she can't transit through. Can she fly through London?

Bombay -> London -> Dallas?

I am looking for the best options for her to fly in.

Any relevant inputs would be appreciated!



 
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Question about employment
5:06 am August 7, 2020

mgcrsco415



Read 514 Times
7 Replies



So we are working with a simplecitizen to finish my application for marriage based AOS. They asked for employment letter, last years W2 s, last years tax returns and 6 months worth of paystubs. I submitted everything except the 6 months of paystubs because my husband was on PFL for almost 2 months (Jan-Feb) because we had a baby, and then about 3 weeks after going back to work he was laid off due to COVID-19. He collected unemployment until he was able to go back to work but he has only been back with his company for 3 weeks.

He makes about 60k a year, and his employment letter states he is currently employed and working full 40 hour weeks now. I m in a bit of a time crunch because I already did my medical and now only have 60 days to submit everything.

I guess my question is, is the lack of paystubs going to be a major problem? Should I just submit his EDD stubs?



 
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Did we majorly screw up?
2:23 am August 7, 2020

caitlinrose88

Caitlinrose88

Read 1149 Times
8 Replies



Okay guys I m worried now. Someone tell

me if we messed up...

My husband is Irish and was living in Canada on a work visa. He came to visit me in the States on his ESTA in March. We had a K1 that was accepted but were waiting for the interview. The day after the borders closed due to Covid. Our interview was never scheduled. We ended up getting married in the states and adjusting status. Our I485 and I130 are pending right now. Here s my question: were we supposed to extend his esta? I assumed that we didn t need to and now all of the sudden it occurred to me that we might have needed to? Help, smart people of VJ!!



 
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