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FlyCal

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Posts posted by FlyCal

  1. Like said before, entry into the US is not an issue as long as you can show proof that you do not intend to live there. The I-130 in theory shows your desire to live, not visit, so you might have some real explaining to do.

    Personally, I have been across the border twice since starting the process and both times was held up for a few mins having to explain my reasoning for heading over. One of the officers even stamped a 30 day stay limit on my passport, and cautioned me to be back within the 30 day window.

    It's a ####### shoot..:but then again, so is everything else in life. :)

  2. Hey Guys,

    During the I-130 approval process if a simple RFE is dealt (simple as in just a long form BC request), are their usually additional delay's once the BC is received at USCIS?

    Obviously our i-130 has been handled by an IO, which I am assuming is a good thing for progression in this process, but I just wanted to insight from the crowd.

  3. Already received my daughters and my own BC, which I ordered in anticipation of the NVC stage. Wife's (petitioner) ordered today, just in case.

    I really don't get why there would be a mismatching of information right off the same system. Is there any chance that an IO reviewed it and deemed something missing, and then a more senior IO looked at it again and pushed it through? It just doesn't make sense.

    Our file is very straightforward too. No divorces, no legal issues, etc.

    Ahhhhh....stress.

  4. Ok, this is interesting...

    Told my wife to call today to clarify what was going on. IO said the RFE was sent out yesterday but they would have another office call back to clarify things.

    IO calls back an hour later and said she reviewed my wife and my daughters file and nothing is missing and they look to go.

    What's the deal with that? Anyone ever had that happen?

    Ok, this is interesting...

    Told my wife to call today to clarify what was going on. IO said the RFE was sent out yesterday but they would have another office call back to clarify things.

    IO calls back an hour later and said she reviewed my file and my daughters file and nothing is missing and they look good to go.

    What's the deal with that? Anyone ever had that happen?

    Sorry, that was MY file and my daughters file.....

    And they look good to go.

  5. I just looked at the I-130 instructions: http://www.uscis.gov/files/form/i-130instr.pdf

    Your first instinct is probably correct as the instructions ask specifically for the child’s birth certificate and a marriage certificate of the USC to the child's natural parent. If you submitted the short form birth certificate with no parentage on it there is no way to show this relationship.

    Our (spouse/beneficiary) birth certificate’s are required at NVC but the kid’s BC are with the I-130.

    Yeah, I just realized that both my daughters and my own birth certificate were short form with no parentage. I also don't think I included my wifes BC as well, as we had her US Passport. Do you think that might be an issue too?

    If sent in quickly, does anyone know what the delay could be?

  6. Just got a change of status and email online saying that there is a request for evidence for my daughters I-130 application. The notice was sent out today. My wife (the USC) will be calling to follow up tomorrow, but any idea what it could be? We submitted short form birth certificates with the package, so my first thought was that they want long form, but doesn't that happen at the NVC stage?

    Mind is spinning!!!

  7. I think i found it...

    "Petitioners residing outside the United States are no longer able to routinely file Forms I-130, Petition for Alien Relative, with U.S. embassies and consulates. Petitioners residing overseas in countries where USCIS does not have a public counter presence are required to file their Forms I-130 by mail with the USCIS Chicago Lockbox. U.S. embassies and consulates can only accept and process Forms I-130 in exceptional circumstances"

    "U.S. embassies and consulates may only accept I-130 petition filings from petitioners who believe they have exceptional situations that would merit an exception from filing by mail to the USCIS Chicago Lockbox."

    So, I am assuming that this slightly more speedy process refers to having an out of US address.

  8. You said you filed using a US lawyer. He should be able to tell you where he sent the documents. If it was not filed at the consulate in Canada. You are filed like the rest of us in the US.

    The other post said that a non-US address from the petitioner and beneficiary could cause this somewhat expedited process. As far as I've heard, I-130's must be filed at a US lockbox.

    Can anyone clarify?

  9. My 2 year old daughter is going through the same process as I am for the IR-1 Green Card.

    My question is regarding documentation. The NVC wants everything including police certificates, employment letters (from Petitioner), etc from adults in the process, but what will I have to supply for my daughter? Do I need police certificate for her? What else will they ask for? Just want to be prepared.

    Can anyone shed some insight into this?

  10. I have an I-130 pending, as does my 2 year old daughter. Is there an age minimum that USCIS will require a police certificate? I know it's an odd question, but I am getting all my papers in order so that I am prepped once our i-130s are approved.

  11. I'm confused about your question, are you filing for your spouse? Who is the USC? I don't know what an I-190 is so don't know what other steps would follow that path.

    USCIS won't care about income from Canada for a spousal petition. The USC has to be able to support the beneficiary based on the poverty guidelines. There is an opportunity to use assets. However, you must have tax returns filed for the past 3 years in the States.

    Lots to think about obviously and I'm sorry I can't be more help.

    Sorry, I meant I-130. I must have had a slip of the hand. :)

    My spouse is filing for me as she is the USC. No income has ever been derived from the US, and she's going to bring her tax filing status up to date ASAP. If they dont care about Canadian income, how will they qualify her for support? They would have to look at her Canadian tax filings or at least pay history I would assume.

  12. Hi All,

    So, I am currently waiting for an I-190 approval that was filed early March. My situation may be a little unique, but I wanted to see what you guys suggest..

    -My wife will be attending school full-time for 1 year once we get into the US...therefore no income for that time period.

    -I am leaving my main job in Canada in order to pursue some training and a slightly new career path in the US...therefore, income will be nil at the time of immigration.

    -We have substantial assets that we are bringing in which we can support ourselves nicely for quite a while, plus I am still going to working at a secondary job to help support us a bit more.

    -Our Canadian tax returns would show substantial income over the past few years.

    What will USCIS think of this situation? I know we are supposed to file tax returns, bank statements and employment verification once we are in the next phase of immigration, but since our situation is a bit unique, will this cause any issues?

    What are peoples thoughts on this?

  13. Thank you...yes, I've read up on this, about domicile. My wife is already registered for school and she has all of the docs for this. Her mom will also be writing a letter confirming that we will be sharing a home with her and we'll be paying x amount of dollars. I love this site...I wouldn't have known to do any of that, if not for VJ!

    I am in a similar situation where my US Citizen wife will be attending school in the US and I am still awaiting my i-130 approval for myself and my daughter. I am the only income earner and have substantial assets to help support her. Does anyone know if this can help expedite the Visa Process for my daughter (2 years old) and I?

  14. Quick question, you are aware of the affidavit of support form? Because your wife will not be working you will need a joint sponsor or else enough assets that are easily liquidated to cover 3x the 125% poverty guideline for a family of 3. I'm not sure because the child is being petitioned as well if it is 5x or still 3x.

    Because you wife has proof of school etc, you might get an expedite due to extreme financial hardship? I'm not sure on that though.

    Best of luck to you and your family!

    Thats a very good point. Thank you for that info.

  15. Unless you have a legitimate medical/financial reason that you need to be with your spouse and LOTS of evidence to back up that claim, an expedite won't be granted. Even if it were, you'd still have to wait in Canada, and request separate expedites for both NVC and interview scheduling. Even then you'd be cutting it close to an attempt to be there by July.

    What about the fact that my 2 year old daughter needs to accompany my US Citizen wife to the US in July. My daughter is also in the I-130 approval process. Plus, my wife will not be working and I am the sole income earner while she's in school (income from Canada, not US). Should that be enough to expedite?

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