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pushbrk

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  1. Like
    pushbrk got a reaction from Asia in Filing from the US   
    The above is true but the OP has stated an intention to return to Canada for a couple different purposes.  If she does that, before filing, then her next entry will be with immigrant intent.  If she leaves after filing, she is unlikely to get back in and will abandon her adjustment of status.
  2. Like
    pushbrk got a reaction from NikLR in Leaving my job to visit my spouse?   
    You qualify based on current income. If you have no job, you have no current income.  For Mumbai, you also need 3 years of qualifying PAST income, but that will not make up for "current income".  A job offer won't keep you from stating $0 current income on your affidavit of support.  If you leave work AFTER your affidavit is accepted, you MIGHT be OK, but only if your spouse is NOT asked about your "current employment" at the interview.  He must tell the truth if asked, and that will kill your sponsorship.
     
    "I want" and "My family wants" are not things considered by Consular Officers in making decisions.
  3. Thanks
    pushbrk got a reaction from Anmol Yash in Leaving my job to visit my spouse?   
    I mentioned a general policy for the Immigrant Visa Unit in Mumbai.  They have their own policy.
     
    One most current pay stub will be sufficient, if it shows year to date income.  Take your gross pay for a pay period and multiply by the number of pay periods in a full year going forward.  That is your current income.
  4. Like
    pushbrk got a reaction from geowrian in Leaving my job to visit my spouse?   
    Mumbai is not London, but current income plus two years qualifying will probably work for a young person.  It's a judgment call.  Mumbai looks at things differently that most other IV units.
  5. Like
    pushbrk got a reaction from SalishSea in Leaving my job to visit my spouse?   
    You qualify based on current income. If you have no job, you have no current income.  For Mumbai, you also need 3 years of qualifying PAST income, but that will not make up for "current income".  A job offer won't keep you from stating $0 current income on your affidavit of support.  If you leave work AFTER your affidavit is accepted, you MIGHT be OK, but only if your spouse is NOT asked about your "current employment" at the interview.  He must tell the truth if asked, and that will kill your sponsorship.
     
    "I want" and "My family wants" are not things considered by Consular Officers in making decisions.
  6. Like
    pushbrk got a reaction from Duke & Marie in Leaving my job to visit my spouse?   
    You qualify based on current income. If you have no job, you have no current income.  For Mumbai, you also need 3 years of qualifying PAST income, but that will not make up for "current income".  A job offer won't keep you from stating $0 current income on your affidavit of support.  If you leave work AFTER your affidavit is accepted, you MIGHT be OK, but only if your spouse is NOT asked about your "current employment" at the interview.  He must tell the truth if asked, and that will kill your sponsorship.
     
    "I want" and "My family wants" are not things considered by Consular Officers in making decisions.
  7. Thanks
    pushbrk got a reaction from Anmol Yash in Leaving my job to visit my spouse?   
    You qualify based on current income. If you have no job, you have no current income.  For Mumbai, you also need 3 years of qualifying PAST income, but that will not make up for "current income".  A job offer won't keep you from stating $0 current income on your affidavit of support.  If you leave work AFTER your affidavit is accepted, you MIGHT be OK, but only if your spouse is NOT asked about your "current employment" at the interview.  He must tell the truth if asked, and that will kill your sponsorship.
     
    "I want" and "My family wants" are not things considered by Consular Officers in making decisions.
  8. Like
    pushbrk got a reaction from sineth in Different Dates: actual wedding ceremony and marriage certificate   
    You never need to ask if you should tell the truth. If your marriage was legally registered on Nov. 29, then that's the date of your marriage. There is no date of wedding ceremony question on any form. You can add any explanation you wish, but ALWAYS tell the truth.
  9. Like
    pushbrk reacted to Duke & Marie in IR - 1 Visa Questions ???   
    You can, but they’ll wonder why your seeking it given we get waivers... and you could end up getting neither. b2/Waiver because of it... their concern is AOS and or over stay after you enter as a tourist and like previously mentioned that’s considered as visa fraud.. 
     
    your problem with B2 is proving your intention to return to Australia after such a period of time in the US (due to your connections with the US, Husband) which is really tricky with a pending immigration petition that clearly shows your desire to leave Australia to be with him. And remember if they turn you down for b2 then you can’t get a waiver due to its denial..
     
    even with the 90 day waiver, you’ll need to ensure you’ve got plenty of ties to Aus when visiting the US or they could turn you away at POE when visiting.. so you need to keep the marital home, employment, schools for kids  etc and carry evidence to present to boarder control when travelling to America.. unfortunately your no longer the usual standard tourist, your one that will be visiting husband and child’s father and will be considered high risk when entering.. 
  10. Like
    pushbrk reacted to SusieQQQ in Entry window after Visa approved   
    You’re confusing the visa with the green card. The visa will have an expiry, 6 months from date of medical, you have to enter before that date. 
    The conditional green card you get will be valid for 2 years from date of entry.
  11. Like
    pushbrk reacted to Crazy Cat in Entry window after Visa approved   
    Once a CR-1 visa is issued, it is valid for 6 months from date of the medical exam......so up to 6 months maximum...You must enter the US prior to the expiration date printed on the visa. Once you enter the US, the visa is voided as it is a single entry visa.  Once the visa holder enters the US, the visa will be endorsed (stamped).....at that time the new immigrant has status as a legal resident......if the marriage is less than 2 years old at time of entry into the US, the new immigrant will receive a conditional 2 year green card.  If the marriage is 2 years or older at the time of entry into the US, the new immigrant will receive a 10 green card.
  12. Like
    pushbrk got a reaction from NikLR in Filing from the US   
    The above is true but the OP has stated an intention to return to Canada for a couple different purposes.  If she does that, before filing, then her next entry will be with immigrant intent.  If she leaves after filing, she is unlikely to get back in and will abandon her adjustment of status.
  13. Like
    pushbrk got a reaction from Dashinka in Filing from the US   
    The above is true but the OP has stated an intention to return to Canada for a couple different purposes.  If she does that, before filing, then her next entry will be with immigrant intent.  If she leaves after filing, she is unlikely to get back in and will abandon her adjustment of status.
  14. Like
    pushbrk got a reaction from Marieke H in Filing from the US   
    The above is true but the OP has stated an intention to return to Canada for a couple different purposes.  If she does that, before filing, then her next entry will be with immigrant intent.  If she leaves after filing, she is unlikely to get back in and will abandon her adjustment of status.
  15. Like
    pushbrk got a reaction from geowrian in Filing from the US   
    Some direct advice to the OP and her USC husband.
     
    1.  Your husband lives in the USA now and will use his Florida address for mailing and residence address, but you are not a resident, so will be indicating a Canadian residence address.
    2.  Completing the process in 12 to 15 months is wishful thinking.  Plan on 18 months or more.  It's Montreal.  There's usually a wait for an interview date, once case is Complete at NVC.
    3.  Your marriage certificate, some photos together and your husband's Canadian residence history during your marriage are all the relationship evidence you will need.
  16. Like
    pushbrk got a reaction from Suze1 in Filing from the US   
    Your husband filing a petition for you does not change your visitor privileges.  You are not authorized to reside or work in the USA.  Start by clicking on the word "Guides" at the top of any page here.
  17. Like
    pushbrk got a reaction from Suze1 in Filing from the US   
    Some direct advice to the OP and her USC husband.
     
    1.  Your husband lives in the USA now and will use his Florida address for mailing and residence address, but you are not a resident, so will be indicating a Canadian residence address.
    2.  Completing the process in 12 to 15 months is wishful thinking.  Plan on 18 months or more.  It's Montreal.  There's usually a wait for an interview date, once case is Complete at NVC.
    3.  Your marriage certificate, some photos together and your husband's Canadian residence history during your marriage are all the relationship evidence you will need.
  18. Like
    pushbrk got a reaction from Suze1 in Filing from the US   
    Sometimes it's useful to try to boil things down and sometimes it's not.  A Canadian Visitor is still a Canadian Visitor.  Yes, the status is B-2 and pretty much the same privileges apply.  However, generally more latitude is applied and less stringent tracking of visits happens, particularly when grossing by ground transportation.  None of the differences apply to actual immigration in any meaningful way that comes to my mind though.
  19. Like
    pushbrk got a reaction from geowrian in Filing from the US   
    Granted B-2 status when granted entry.
  20. Like
    pushbrk got a reaction from Suze1 in Filing from the US   
    Granted B-2 status when granted entry.
  21. Like
    pushbrk got a reaction from Duke & Marie in Filing from the US   
    Same answer.  The "visa" will be IR1.  You'll be getting the visa about a year and a half from now, in Montreal.  Your husband "files", not you.
  22. Thanks
    pushbrk got a reaction from Dante2019 in Questions about the Form I-130   
    "Immigrant intent".  She was not in proceedings.  If ever asked if she was denied entry, answer is yes.
  23. Thanks
    pushbrk got a reaction from Dante2019 in Questions about the Form I-130   
    A person NOT born in the USA but receives citizenship through a parent, may not have a Certificate of Citizenship.  They can just apply for a passport.  If he has a Certificate, the information is there.
     
    For his Dad, the questions are "applicable", so don't enter N/A.  You can enter "Unknown" if your mother really doesn't know who your father is.
     
    Also note that USCIS doesn't issue visas.  Consular Immigrant Visa Units do.  For S. Korea, that is at the Embassy but in many countries it is at a Consulate in a different city than the location of the Embassy.  China, Canada, Mexico, India are examples.
  24. Like
    pushbrk got a reaction from NikLR in Questions about the Form I-130   
    A person NOT born in the USA but receives citizenship through a parent, may not have a Certificate of Citizenship.  They can just apply for a passport.  If he has a Certificate, the information is there.
     
    For his Dad, the questions are "applicable", so don't enter N/A.  You can enter "Unknown" if your mother really doesn't know who your father is.
     
    Also note that USCIS doesn't issue visas.  Consular Immigrant Visa Units do.  For S. Korea, that is at the Embassy but in many countries it is at a Consulate in a different city than the location of the Embassy.  China, Canada, Mexico, India are examples.
  25. Like
    pushbrk got a reaction from Matrix13 in Using Assets for Affidavit of Support   
    It's not so much that your did the math wrong but that you did the wrong math.
     
    First, her "current income" would be what she will make at her current job during the next twelve months, NOT what she made in any past calendar year.  Next week, 2019 will be the past.  Sounds like her income is in the low 20's, so with $100k or so in a mutual fund, she's fine.  Also, for the spouse of a US citizen the multiplication factor is 3, not 5.
     
    So, technically, she qualifies, but this is a judgement call, not a finish line you cross by technically qualifying.  A better, more obviously qualified sponsor WITH a genuinely good reason to want to act as sponsor would be a better choice, if you can find one.
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