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froyo

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Posts posted by froyo

  1. 1 hour ago, Lil bear said:

    Immediate relatives who legally entered have their overstay forgiven if they adjust status within the US. If they leave the US first they will then incur the ban 

    OPs mother is eligible to AOS from within the US

     

    Her current  physical address is where she lives now... in the US.  Read and answer the questions literally 

    THANK YOU!!

    1 hour ago, aleful said:

    ditto

     

    it doesn't matter how long she has overstayed, parents that entered legally and lived here for years have been able to adjust status

     

    the address is her current one since she will adjust status in the US

     

     

    Thank you so much!

  2. 2 minutes ago, USS_Voyager said:

    🤦‍♀️ oh no, I think you screwed up big time here! 

     

    I assume she came on a tourist visa? That means she has overstayed her visa for more than 1 year, and therefore, she is NOT eligible to adjust status from within the US. Furthermore, because she overstayed for more than 1 year, she now has a ban from entering the US for 10 years! Your application to adjust her status to green card will be denied. The only path forward for her is to leave the US, and you have to file a waiver for her, proving extreme hardship to the US citizen petitioner (you). It will be a very difficult, long, and expensive road ahead. 

     

    The thing that sucks is, all of this could have been avoided had you filed the I-130 AND the I-485 BEFORE her I-94 expired, which would have been between Feb 2017 and July 2017. She could have had her green card by last year!

    I couldn't have. I did not get naturalized until December of last year. Also, I couldn't say "I screwed up" because her overstaying was not intentional and the timeline of her medical treatment was out of our control. We did not know it would take her more than a year to finish chemo and then have to go through all of the treatments after that. 

  3. So I am in the middle of my Mom's green card application. We got the approval of her petition 2 months ago and now I am in the process of filing for her green card. I am not sure which address I am going to put since she is currently living with me. Please read below.

     

    1. I am a US Citizen 

    2. She arrived in the US in February 2017 and never left since then. She was supposed to go home in August but then we found out she has breast cancer so we decided to just let her stay here. She has medical records of all of her radiation/chemo sessions and even her surgery from then until now. So please no bashing about her overstaying here :)

    3. I filed her application in January of this year and I stated there that her physical address is here in the US.

     

    Now, I am filing up the application for her green card and I am not sure if I should put her address here in the US 9cause she is here physically) or our home address in the Philippines? 

     

    Thanks in advance.

  4. Hi guys! I submitted my application for Naturalization in November 23 2017. I had my biometrics about a month after ( December 21 2017) at the  USCIS Baltimore - Pikesville office. I haven't heard anything since then. I called today and the woman on the phone said that the processing time in that office takes 11-14 months. Anyone else has experience getting naturalized here in Baltimore? I would also love to hear from applicants within the same timeline as mine. Thank you! :)

  5. On 11/11/2017 at 10:43 AM, viajero said:

     

     

    yes you can use the old one.. I sent my expired GC and had no problems

    Hi Viajero! Thank you for your response. So even though my old green card is under the conditional category (because of k1), that is okay? Just wanted to make sure :) The lady on the phone said if USCIS denies my application because of that, I will have to pay the fee again -- and I definitely do not want that to happen.

  6. Hi everyone! I got here on a k1 visa and applied for the removal of my "conditional status" on my green card last year December 2016. They received my application on January 4, 2017, and sent me a schedule for my biometrics. I did it on March 3, 2017, and until now I am waiting for my green card. My husband and I are hoping that I could submit my application to be a citizen this month since I will be a resident here in the US for 3 years next year in February 2018. 

     

    One of the requirements to apply for a citizenship is the copy of the green card. Since I am still waiting for my new green card to arrive, I am wondering if I could use my old one? I read some posts that some people use their expired or old green card to apply for a citizenship. I am not sure if I could use mine since it's the conditional green card. 

     

    I called USCIS but of course, their answers are pretty general and was not helpful at all. She told me that they are only processing October 2016 applications.

  7. 5 hours ago, Transborderwife said:

    In a previous thread it was mentioned that the mothers extension  is for looking after the children.

     

    5 hours ago, Unidentified said:

    So they are in the US to work then? Since taking care of children is considered working... Not what a tourist visa is for...

     

    5 hours ago, Transborderwife said:

    Op I've read some of your other threads and will admit you sound suspicious.  Your mom is extending so that she can look after children and now your sister is coming perhaps for the same thing?  You have also asked about citizenship and petitioning relatives.  Put two and two together...

     

    you also forgot to mention that she was denied not that not that long ago in May

     

    6 hours ago, Penguin_ie said:

    Why did she file for the extension, and why is the sister coming and for how long?

     

    What I do not understand from most people here is how they are quick to judge when people ask questions that are "out of the norm". I did ask A LOT of questions, but not all of them were for me. I posted topics for friends and for future reference since my husband and I wanted to know how we will approach this whole immigration thing. Not that ANYONE here needs to know, we were considering moving out of the country not a long time ago and wanted to know our option. I really thought that Visa Journey is a place where you can get support and understanding. NOT people shooting every idea down, making it seem like you will just do something NEGATIVE. We are in no way trying to bypass anything here. For all you know, someone else might be in the same position BUT just afraid to ask because of other users speculating a simple scenario.

     

    YES my sister got denied a tourist visa. She wants to get one. WE all want her to get one because the rest of my family, 2 brothers and parents HAVE a tourist visa because in almost 7 years we are going to spend Christmas again.  IS IT WRONG TO TRY?? I just get sick in my stomach knowing that someone here is saying that SHE IS GOING TO WORK like you know us?

     

    My Mom is here. And yes we are still considering extending her b2 visa... WHY? BECAUSE MY HUSBAND AND I WORK AT 5AM and leaves the house at 4AM. WE TRIED EVERY AVENUE TO GET A SITTER, NANNY, OR CAREGIVER FOR MY SON! But where we live, it's going to cost us both our paychecks OR NO ONE JUST WANTS TO WAKE UP AT 4AM. So us trying to get my Mom to stay a little longer is really the best option for us. Quitting our job/sis not the best idea for a family who has bills and all that. So before anyone jumps into stupid conclusions here and start asking questions that shouldn't be,and most of all.. investigate, it would be much appreciated if you do not comment at all. It's really disheartening.

  8. 10 hours ago, Bill & Katya said:

    I believe you can apply 90 days prior to your 3 year anniversary.  My wife is in a similar situation with her 2 year GC received in mid-March 2015.  We calculate that we can file her N400 December of this year as she will meet the requirements.  Based on your dates, you should be able to file in November of this year even if you still have a pending ROC (which is where we are at right now).  If this is incorrect, I hope someone corrects me.

     

    Also, to add to the other replies, your friend heard wrong.

     

    Good Luck!

     

    https://www.uscis.gov/forms/uscis-early-filing-calculator

     

    https://www.uscis.gov/sites/default/files/dateCalculator.html

    Thank you so much!! this is very helpful!!!

  9. 1 minute ago, EmilyW said:

    I think @az2014 is pulling your leg because what your mom is doing right now is in breach of her tourist visa.  You're in a hard spot.  Tell the truth and the extension may be denied.  Lie and - well - you've lied to immigration to gain a benefit, which could lead to a ban down the track.

    We are aware that it is a risk to apply for an extension, but we would rather try and get denied than not try at all. I know we are in a hard spot. That's why I posted here to at least get the courage to move forward without being judged that we will lie our way into getting an extension -- but it seems like every time people ask questions like this, other users assume negative things right away. 

  10. 2 minutes ago, EmilyW said:

    You're right, it's not a valid reason.  Besides 'taking care of children' is considered work a USC should be doing so she's already breached her tourist visa conditions.  How are you going to explain that in any application for an extension?  

    Okay thanks! My sister was granted a b2 extension last year but I just feel like I want to know more before we take our chance.

  11. Hi, everyone! I just need clarification regarding naturalization. I got here on a K1 visa and got my green card on February,21,2015.  I got my conditional status removed this year on  February 28, 2017. I read that if you are married to a US Citizen and been a green card holder for 3 years, you are eligible to apply for a citizenship here in the US. So next year in February 2018 will technically be my 3rd year as a green card holder. Correct me now if you think my timeline is wrong.

     

    So I was wondering if I could apply for a citizenship next year? I believe I have to wait for a letter from USCIS telling me that I could submit papers and such? BUT my friend who got here a year before me via K1 visa too said the first 2 years of us being a resident does not count because of the conditional status on our green cards. Is that true?

  12. 6 hours ago, milimelo said:

    Why do you need extension? 

    It's for my Mom. I read that "taking care of grandchildren" is not really a valid reason but we are in a tricky situation right now and we will really need her help. She is currently here with a tourist visa.

  13. 1 hour ago, Coco8 said:

    Oh, I checked the DC consulate and now it seems they do not accept cases for visas, unless you work in government, etc.

     

    http://www.cic.gc.ca/english/information/offices/missions/washington.asp

     

    I think that is because everyone residing in the U.S. has to do a Canadian visa by mail like what I did.

     

    I had to submit photocopies of U.S. visas, my passport, bank statement, university letter. I also needed 2 passport photos. I think I sent the invitation for the conference I had to attend. I don't remember much else, because it was like 3 years ago.

     

    Wow! Thanks for the heads up! I guess we will just submit her application via mail. Read that it takes 21 days currently if applying here in the US. 

  14. 17 hours ago, Coco8 said:

    When I was in the US I had to get a Canadian visa for a conference. I had to mail the application to the consulate for my location along with my passport, and it took them over a month to get my passport back with the visa. I basically got it one day before I had to take a flight!

     

    I don't think it is possible to get a visa at the border. Even if it were possible, it would be a big risk. If she doesn't get it, what would you do? Drive back?

     

    She could get one at the DC consulate. But it is not a same day service. I don't know how long it would take. Maybe a couple of days? The good thing is that the Canadian visa lasts for 10 years so if she gets one now, she could have one for next time she visits. 

     

     

     

     

     

     

     

    Did you submit any supporting documents with your application? She will go to the Embassy so hopefully the pricess will be a little faster when done in person :)

  15. Hi guys! My Mom is here in the US as a visitor and for her last month,we would like to go to Canada for the weekend. She is a foreign passport holder (our home country is not included in the visa waiver program). So anyway, my husband and I plan to drive to Canada since we have a 1 year old with us and we do not feel like paying $1000 for a 2 day trip to Canada. I asked a couple of people regarding this and I am still uncertain of what to do.

     

    1. One of our friends told us that when they drove to Canada about 2 years ago, they did not apply for a tourist visa beforehand. They were all Philippine passport holders with US tourist visas. She said they got the visa when they got to the POE. IS THIS TRUE? Can we just do this?

    2. One friend advised us to go to DC to get a tourist visa.We live close to Washington DC, so obviously if we have to get a visa, we will go there. What are the requirements? I know they do not accept appointments so can anyone share their experience? How did it go? Processing time? and again.....requirements? The Canadian website is not as detailed as we hope it would be so yeah.

     

    Lastly, if you were able to cross the border from the Canada to the US with a Us tourist visa, did you have a difficult time at the immigration here in the US? I am concerned that they might think something negative with my Mom going to Canada since she is not a resident here. 

     

    If we could do #1. That would be better so we do not have to rush everything now :) I do know that she needs a visa to go to Canada. I just want to have a better idea of our options. Basically, if we could drive to the Canadian border and get her visa there just like what we were told OR if we have to apply in person in DC. 

     

    Thanks in advance!

  16. A friend of mine mentioned that I can start the application for my Mom now. I am now on my 3rd year as a permanent resident. I got here on a K1 visa and based on what I read at the USCIS website, I only need to wait 3 years to file for citizenship. My friend told me that since I am only a couple of months away from applying for a citizenship, I can also start the petition for my Mom so when I become a citizen, we do not have to wait too long for her to be here. Is this true?

     

    I am done with the renewal/ biometrics. I am just waiting for the physical card which seems to be delayed. Anyone else having a problem with this by the way?

     

    Anyway. I've always thought it's a no...to petition your parent if you are only a permanent resident but since she mentioned it, I just wanted to have clarification. 

     

    Thank you in advance.

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