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SalishSea

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Everything posted by SalishSea

  1. Still not sure what you're asking, but: you cannot add a derivative spouse now that you are already here and were not married when you received your visa. If eligible, she can try for her own work visa. Otherwise, as a GC holder, you would petition her as F2A, which like I said, is a numerically limited category for which there is a queue.
  2. That isn’t really a term for it, but the process starts with you petitioning your wife for an immigrant visa. I-130 is the form. I-485 does not come into play until much later in the process. The process will take many years, as it is a numerically limited category, and not current.
  3. Even if you petition them now, it will be years before they can get visas. Suggest you don’t petition them until they’re ready to live here full time. And in the meantime, you’ll want to research on how you/they will afford the cost of their healthcare (and overall retirement, since they won’t get social security).
  4. If you sent in documents that were not required/requested, but that you “thought” would be helpful, they could have opened up another can of worms in terms of AP/background checks.
  5. Just to clarify: even with a disability, she would not be eligible for any type of disability income or public benefits from the government.
  6. OP, if your sister needs 24/7 care, they should all go home and be petitioned properly for immigrant visas. Otherwise she risks deportation and a bar.
  7. They can deny you if it appears that it is a green card marriage.
  8. She has no basis to adjust though. She will accrue an overstay, which is a bar to adjustment.
  9. What do you mean adjustment of status? Where is the sister now?
  10. It’s not an interview- just collection of fingerprints.
  11. The usc spouse needs to join VJ and research this process, as you don’t apply for anything until much later in the process.
  12. “I relied on legal counsel” will absolutely not cut it when it comes to misrepresentation and fraud with USCIS/Department of State. The petitioner/beneficiary is 100% responsible for the accuracy of the contents of their forms.
  13. Nope, green card is not for visiting. One has to wonder where these attorneys were unearthed from. Bad advice upon bad advice. OP, it’s unfortunate that you did not do some basic research years ago, particularly since this isn’t your first experience with US immigration. A word of advice if your wife does complete the interview: do not even think of misrepresenting your current plan to circumvent the issue of domicile. But will not end well, and could result in a permanent bar for your spouse.
  14. Generally not, unless you are a citizen or permanent resident of neighboring country. You can't "consulate shop." And unless it is a dire, life and death situation, you can't expedite because you don't like the wait time.
  15. Hopefully have not been working remotely while here. Getting married doesn’t solve the problem in and of itself - you’d still need a green card or work authorization to be able to legally work while present in the U.S.
  16. Yes, if it gets accepted by the lockbox, you can try to submit additional evidence directly to the California Service Center in Laguna Niguel, CA. We did this for a missing item. Make sure you write a very concise cover letter explaining that it was omitted from your petition, and requesting that the enclosed evidence of the USC petitioner’s citizenship be included in the file. Make sure that your letter contains ALL relevant info, starting with the receipt notice number (will be WACxxxxxxxx Something), and full names and DOBs of both petitioner and beneficiary. Good luck!
  17. She absolutely needs a passport if she wants a US visa.
  18. They will (rightly) wonder how you can afford such long vacations. Hopefully you realize that you cannot work remotely while in the U.S.?
  19. Realistically, if you cannot afford to support yourself in Canada, how will you be able to in the U.S.? Do you realize that you won’t be eligible for disability here? How will you pay for health care? Will your fiance be able to add you to his employer-based health insurance? And yes, it could impact your eligibility for an immigrant visa (public charge). It’s evaluated. Asked on the totality of circumstances, and your ability to earn and contribute is part of that.
  20. So you’re planning to actually marry before your divorce is final?
  21. Make sure your friend is prepared to foot the bill for her mom's health insurance, which can still be hefty even if she is eligible for Medi-Cal.
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