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Davin and Rachel

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Posts posted by Davin and Rachel

  1. Also anyone else confused by the USCIS timeline saying they're only looking at February applications? Thankfully a lot of you are getting approved faster than that!

    If i understand the new reporting from USCIS correctly... they are doing it like this:

    USCIS's target timeframe is 6 months. If they are running ahead of schedule, they will still only display their "target" timeframe. If they are running behind, they will show the behind date instead.

    Basicly they rendered their timeframes useless, unless your in a group of petitions thats taking longer than their "target" timeframe

    -edit:

    Oh, and you can add me to this list as soon as i recieve my NOA =)

  2. While im sitting here obcessing over all this immigration fun... Thought i would check and make sure im handeling this correctly. My wife and I are expecting our first baby in the begining of november, which should be toward the end of our 129f process (I think)

    The baby itself should not be an issue, i'll be able to file for a "Birth Abroad" certificate. Where at in my wifes process should this come up tho? Im assuming not untill the interview, or did we allready screw the pooch by applying before the baby was born... I wouldnt think they would make us start over from the begining to update our information.

    Has anyone else been in a similar situation? and how'd that turn out?

  3. Let me get this right where did you marry? In Canada or USA? If Canada then all is well and the K3 is correct, if not and she visited USA to marry it may cause you some problems down the road.

    We Wed in Canada, where she is currently residing... impatiently =)

    If she is now living on the US side of the border waiting for the K3, then she is breaking the rules. During the K3 process the foreign spouse should be waiting outside the USA for the visa.

    The way i understand this rule... the law states it is illegal to cross the border with intent to imigrate. Having a petition in process is clearly an intent to imigrate, so while crossing you would have to have a clear case that you intended to return to your home country. For us, its not worth the risk, and will continue to stay in canada for the durration. (Besides, she's 8 months pregnant, and not much for travel atm!)

  4. Congradulations on the wedding! sounds like your on the same step of the same journey as us.

    Very recently, ordering your marrage certificate is available online in ont. Make sure you order it online! we applied by mail in early may... decided they lost it in late july, and ordered online. Both of them arrived within a week of eachother.

    I wasnt expecting a 4 month wait for the marriage cert, in the states its a week at most (and calling the Office of the Registar is a joke.... only take calls from 1:00 to 4:00 on tuesdays or somethign stupid) It really threw off our plans, so be certain to plan for it =)

  5. Silly question, but being from canada, my wife has never needed a passport to come visit me in michigan. However, is the visa after the interview simply a stamp in your passport, or is it a full blown green card, no passport neccissary?

  6. just doing an AOS makes perfectly logical and legal sense for anyone here on a long term vesa for work or school... and a totaly beliveable story in the interview (Over the past year i've been here, we fell in love and decided to get married, yadda yadda). I mean, it would be really counter productive to have to quit your job, move back to your home country, and wait on the k1/k3, only to move back and be unemployed.

    I think the only contentment to be had is the fact that it is a system that can be and sometimes is abused... and well, if you can sleep sound at night then i guess its that persons descion

  7. heh... so... the day i found out, and started really researching the visa process... (before i found this resource)... I grabbed the phone book and made an appointment with the only lawyer that dealt with immigration in this area. Met with her today...

    Her advice was... for my fiancee to come over on a normal visit, go up to the courthouse and get married, and she would take it from there by filing an adjustment of status

    So, i asked her... "umm.. isn't crossing the border with intent to immigrate illegal?"... which my only response was, " i can only advise you not to say that"...

    Anyway... needless to say, I wont be spending the 3 grand to retain her =P I supopose it would be hard to catch that it was pre-meditated.. but not worth the risk of permanent separation....

  8. At most, i would suspect the randomly cross-reference where you say you worked, with things like tax information for inconsistencies.... and i doubt they check every one or every person either

    Edit: wow i can spell... sometimes spell check makes me feel really stupid, and english is my primary language!

  9. After laying all the approximate dates down on a calender, along with the babys due date... we've decided that going the route of a K2 visa is the safest route for us to go...

    This leaves us getting married in canada... ok, cool.. except...

    Having been married once before (in the US), I have to:

    a) get a canadian lawyer to validate my divorce paperwork

    B) send it to.. I believe nova scotia (sp?) for them to ok it

    c) wait for them to send it back approved, then can continue applying for a marriage license

    Has anyone else had to do this? if so.. approximately how long did this process take?

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