templeton

Still waiting for a biometrics reschedule or update here in Charlotte. Originally filed Mar 7.

41 minutes ago, Shahzadi92 said:

Have they not reused ur bio

Not to my knowledge. My case status hasn't updated since March and I haven't received anything in the mail to-date.

47 minutes ago, Shahzadi92 said:

What they told me was Charlotte opened up on the 20th of July.. 

Thanks for mentioning that. Everything in USCIS updates says they were resuming in-person services in early June. I assumed that meant ASC as well.

I do now see a few (non-USCIS) immigration related sites saying ASCs didn't reopen until July.

Just chiming in so those still waiting know they're not alone.

My original Biometrics appointment was March 25. It's been more than 90 days since the Charlotte ASC reopened, but I still have not received any word on a rescheduled appointment.

I reached out via USCIS website a week ago, got a long canned response around Covid delays and reopenings, but nothing addressing my specific case.

The wait continues.

Yup, many of us traveled to the US while our visas were processing. As others have said, be sure he brings some evidence that demonstrates his current ties to Canada and that he intends to return.

When you say he's currently paying for it, does that mean he has a car loan through a bank?

If there is a secured loan attached to the vehicle (like most vehicle loans), it's very unlikely the lender will agree to let him leave permanently with it without paying off the loan first. And without proof of ownership, he won't be able to import the vehicle. He should speak to the lender to figure out his options.

Please see the helpful Guides at the top of the page for instructions on how to proceed with a K-1 petition. You'll find the answers to all your questions there.

You are of course welcome to include a statement regarding the pregnancy with your application, but be aware that a pending pregnancy isn't a circumstance that will affect the process one way or another.

All they can do is tell the truth. If they intend to stay 5 months, that's what they should tell the CBP officer when they ask. The officer has discretion to allow them to stay up to 6 months. Make sure they have a copy of the return flight reservation.

+1 for Charlotte. Love the area! Beautiful country. Summers can get pretty hot, but I'll take that over a long winter any day. Wearing shorts into November is pretty cool. As someone else said, cost of living is very reasonable, especially out here in the burbs. The only drawback is the traffic along the main corridors, but any place you choose is going to have pros and cons.

Someone correct me if I'm wrong, but pretty sure two years of marriage as of the APPROVAL date (not application date) is the criteria for 10 year card.

If that's still not the case, then yes, you need to notify USCIS of their error.

There was a very similar thread recently. Read this: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf

Yep, you're right. I didn't read closely enough. Someone out of status wouldn't be eligible for EAD.

To be clear about a few things...

You keep mentioning "visitor visa". If you're just meaning she comes as a visitor, that's fine, but Canadians (generally) do not need a visa to cross the border to visit.

To directly answer your question, CBP's potential feelings on the matter not withstanding, there's nothing stopping her from job hunting while here as a visitor. But as others have stated, she cannot legally start working while here as a visitor. If she were to find some employer willing to sponsor her, there is no way to magically change from a visitor to worker. She would have to return home to acquire the work visa and then re-enter. Unless she has a very specialized set of skills and education, most employers don't want to be bothered talking to people who aren't currently eligible to work for them. Going by your previous thread where you provide her current employment position, I think you're in for an uphill climb in proving no one in the US could do that job.

I don't mean to pile on, but the other posters have given you the best advice. We all want to have our cake and eat it too. Be patient. The legal immigration road isn't a quick journey. Visit in the meantime when you can and make sure she doesn't overstay or do anything else while in the US that could jeopardize things in the future.

How? Until you are divorced, you are not. There is a divorce waiver, but there is no separated/considering divorce waiver. They could go to interview together and tell the truth under oath that they are currently separated, haven't filed for divorce yet, but entered the marriage in good faith. Where's the fraud in this? I didn't suggest them to go to interview together and pose as a happy couple.

I agree 100%. They are still married. As long as they are truthful about being separated at a potential interview, there is no problem.

They may be avoiding fraud, but what immigration officer is going to let her remove conditions? The OP is outright stating that he lied on the application that they have a bonafide marriage and that they're only saying they're together to help her get ROC. If just being married "on paper" was enough to remove conditions, they wouldn't be getting RFEs, would they? This whole situation at this point is very definition of marriage for immigration benefit only. The entire point of doing ROC is to demonstrate to USCIS that the conditional resident has earned the right to become unconditional based on their ongoing and BONAFIDE marriage to the USC. How is it going to going to go over during an interview when they admit they're just putting off the divorce until after she gets the 10 year card?

Probably something like this: "I appreciate your honesty. Removal of conditions denied."

The point is that marriage was entered into for the right reasons, not that it is the perfect marriage.

He has stated they have amicably broken up. That's not an imperfect marriage, that's non-existent. That it was entered into in good faith is the whole point of a divorce waiver, which is clearly a better and much more viable path.

Not 100% on this but, I don't believe that you can apply for AP without AOS because you have to have valid immigration status.

Technically speaking, someone who came on a K-1 can apply for EAD before AOS, but its expiry would be based on their I-94. Since that is only valid for 90 days, and the EAD process can take up to that long, they may get a few weeks of authorization out of it at most. Then they need to re-apply all over again with AOS just like everyone else.

Definitely have read posts where people, thinking they were getting a head start on the process, found out the hard way that they just threw a few hundred dollars down the drain.

While your wife is in a period of authorized stay having applied for AOS, until she gets the EAD, her current I-94's expiry date is what many states go by when issuing a drivers licenses. The EAD will have a validity of one year, and that's what the drivers license will have as well. Normally before it expires she will receive the green card, allowing her to renew the license again for 2 more years. And then again after removing conditions. Get ready to pay a lot of renewal fees.

It sure would be nice if they did start doing certified mail. It's crazy to me that they don't for such an important thing.

Usually 60-90 days after submitting the application.

There's no law or anything keeping an applicant from visiting during the process. You'll want to be sure to bring evidence of ties to your home country so you can overcome any assumptions that you might try to circumvent the immigration process.

You are mistaking Constitutional rights in criminal matters with civil matters.

In criminal proceedings, you have a right to an attorney and the right to remain silent. You don't have those options in civil matters such as seeking a green card.

Immigration is civil. You do not have a right to an attorney in civil matters. You can bring one at your option, but you are not guaranteed the right to an attorney for a civil matter.

You do not have the right to be silent when seeking an immigration benefit. You need to answers questions if you want a green card.

Basically what I was getting ready to type. Thank you.

No one here can answer your questions for sure. Whether or not he's given the visa is at the sole discretion of the interviewer.

Basically, all applicants start from a place of having assumed immigration intent. It's then up to the applicant to overcome this assumption by demonstrating that their reasons for returning outweigh their reasons for not returning. Proof of financial ties and obligations to their country of residence is the best way to do that. Owning property, being employed, going to school, etc. are all good, so bringing proof of those things will help his chances.

Nich-Nick got in just ahead of me. While a tax preparer can speak to your specific circumstances when the time comes, it will likely be best to file jointly. Your husband will declare the income he made in Japan before arriving, but in most cases there is an offsetting deduction for it.