mushroomspore

Cathi · August 29, 2022

4 minutes ago, Mobius1 said:

After the IO, the application goes to the supervisor (Quality Review) which acts as an extra layer before hates of heaven are opened. You, like other posters are so upset about this as if its my directive, ready to call the same IOs names.

In this case, it WAS objectively rude for the IO to say that couples are expected to have children after a certain amount of time. He had no idea if OP is/was capable of having children or if they even wanted to. It's a personal decision to have kids or not and a couple isn't legally less deserving of approval if they don't have kids. If they have kids, great, show their birth certs to the IO. But for an IO to show their prejudice like that is highly unprofessional.

SalishSea · August 28, 2022

1 hour ago, Mobius1 said:

Its a supplementary evidence that trumps others.

And where is the statistical evidence for this statement? Ontarkie said in their reply that their IO didn't care about their kid's birth certificate and specifically asked for co-mingling evidence. Not every IO is going to see children as "the evidence that trumps others".

1 hour ago, Mobius1 said:

But then again its VJ, where posters are self proclaimed experts / lawyers.

Yourself included apparently.

Marieke H · August 28, 2022

3 minutes ago, Mobius1 said:

One could think of this the other way around as well. Spouse trapping, where USC wants a child but immigrant doesn’t. It would cast a doubt on the immigrant’s intentions in the IO’s mind.

At the end whether VJ posters believe it or not, USCIS looks much more favorably at couples with children.

And where are the statistics that prove that USCIS looks more favorably on couples with children? If that were the case, why was I never asked about children or why I don't want to have children? Why was my process super easy, all the way until naturalization under the 3-year rule? And why were my other friends who went through this exact same process as me who also don't have children were not asked about children either and why was their process so easy then? What about the couples who DO want children but cannot due to severe medical and/or psychological issues?

Crazy Cat · August 28, 2022

6 minutes ago, Huckleberry&Koala said:

He even made fun of the other evidences I submitted. I had submitted insurance cards to show both financial commingling and residency, bank account, Id cards to show residency, some bills to show residency, and plane tickets just to show my trips due to its being citizenship interview. He was just like "I was looking at what has been submitted, I don't care about insurance cards or tickets, bank account is ok but not enough"... Considering officer was not friendly, and did not even look at my face or say even a good morning to me whereas I hear other officers welcome everyone in the waiting room in a very friendly way makes me now think that IO I encountered could have been one of a kind 😅

As Crazy Cat said, it just sounds like your IO is a (bad word that I can't type out).

apond · August 28, 2022

56 minutes ago, Mobius1 said:

As per IO, no one produces children just for paper marriage to seem more genuine.

Umm, not true. Baby-trapping certainly does happen.

Kel_H · August 28, 2022

23 minutes ago, mniceguy16 said:

Same here, in 2019 at My consular interview, questions were based mainly about My USC kids who were living with Me at them time. Fast forward to 3 years later, My ROC was approved without any interview, guess because I had another child with My spouse when I came to the USA and I included his birth certificate to My application, whether people believe it or not, it is the main thing to prove a bonafide relationship, reason why USCIS is strict about consummation of marriage.

My ROC was also approved with no interview and we have no children and don't plan to. We were also never asked once throughout the whole process if we had children or were planning to. It's purely due to the individual IO and their bias. Some IO's do think that if a couple has children, it's "stronger evidence". But not every IO operates like that (and they shouldn't because the whole point is to be objective and adjudicate each couple on the basis of their unique circumstances) beause as pointed out, there are many couples who can't have children or don't want to. Not having children does not mean a couple is less in love or is less legitimate or is less bonafide than those do.

August 1, 2022

46 minutes ago, EllisAndRenz said:

Perfect. THANK YOU!

https://www.uscis.gov/forms/uscis-early-filing-calculator Use this to find out the earliest date you can file. 90 days is NOT 3 months exactly. I also suggest filing a day or two AFTER the exact first eligible day, not right ON the first eligible day to avoid any possible glitches of day/times being misread by the system.

August 1, 2022

1 minute ago, EllisAndRenz said:

What's the filing time for the N400? The three year mark.

For N400 under the 3 year rule, the earliest filing date is 90 days minus your 3-year anniversary as a permanent resident.

Dashinka · July 31, 2022

22 minutes ago, DK2 said:

got it. so they will actually count that I was inside the us for 5 years.

Then it's probably better to wait for 1-2 more years before applying, or?

Again, without exact dates and the numbers of days in vs days out of the US, it is hard to advise. Continuous residence and physical presence are technically 2 different things and you need to fulfill both for N400. Link right here for info: https://www.uscis.gov/citizenship/continuous-residence-and-physical-presence-requirements-for-naturalization

July 31, 2022

1 hour ago, DK2 said:

Hello

I hope you're well.

I am trying to figure out when to apply for citizenship. But let me explain first

I got my green card through the lottery in 2018. I stayed in the US for 4 months and then went traveling around and then back to the UK, as that time I lived in London, and had a job there and a partner as well.
In less than 6 months since I had left the US, I came back to the US for vacation and went back to UK. In another less than 6 months I did the same, came to the US for vacation, as I didn't want to lose my green card. Well...at least this is what I thought, that I can't stay out of the US for more than 6 months straight.
In March 2020, I moved to the USA permanently.
Next year, in August 2023, it will be 5 years since I got the green card. My questions are: can I apply for citizenship for next year already? Will they count all the days that I was inside the US? Do I have to wait an extra year before I apply, because I was out of US two times for almost 6 months?
And now that I'm reading the requirements for citizenship...did I actually break the rules and abandoned my residency?

You need to provide exact dates. Vague info doesn't help as citizenship does have specific numbers in terms of days inside and outside the US. You didn't abandon residency if you were let back in by CBP but you may not fulfil thr continuous residency AND physical presence requirements for citizenship.

PlusUltra · July 29, 2022

11 hours ago, FianceInTraining said:

Should a divorce be a cause for concern when applying using the 5-year rule? We got divorced approx. 2 years after I got the 10-year green card and have lots of evidence proving bona fide marriage - it simply just did not work out. I am really stressing out if this will, in any way, affect the results of the N400... Any help will be greatly appreciated!

You don't need to prove bonafide marriage under the 5 year rule and there is no effect. Why would it? It says very plainly in the N400 that for the 5 year rule, the main eligibility requirement is that you've been a PR for 5 years. No mention of marriage under that rule.

Crazy Cat · July 27, 2022

2 minutes ago, NeedhelpCR1 said:

Thank you for confirming my suspicions - I appreciate it! Regarding applying for I-130 then, do I have to do that after she returns to her country or does that not really matter that much?

The only timing detail that matters about filing I-130 is that it must be done after you guys marry.

July 27, 2022

38 minutes ago, NeedhelpCR1 said:

Hi everyone, I'm a US citizen who has been dating my GF for over 3 years now. She is a South Korean National who was living in the States (was working at an American company here) up until last Summer when she had to move back to her country for family reasons. She is going to visit me in 3 months and we had intentions to get married (on-paper). Up until a few days ago, we thought it would be okay to get married, file I-130, and then AOS while she stays with me but after doing some research on this site, this seems to be illegal due to the intent to visit on a B-2 visa being in conflict with my GF's intent to marry + stay with me afterwards.

So, it seems our options are the following:

1. K-1 option

2. CR-1/IR-1

3. Marry then apply for AOS after 60 days - an immigration attorney I spoke to mentioned this could be an option (albeit risky) - he said this would be possible in my situation as we have been dating for a long time with her being in the states and so long as my GF can prove her intent was to return back to her country (return flight ticket for example) but show that things changed

At this point, K-1 is likely going to be out as it will take a very long time for her EAD to come out (her career has already been put somewhat on hold when she returned to her country).

Here are my questions:

Is #3 really possible? Wanted to confirm that here or whether that's just an unnecessary risk that we shouldn't take. We certainly have lots of proof that our marriage would be bona fide (text messages, photos, etc) but my understanding is that the issue is regarding the preconceived intent on a B-2 visa

If we decide to go with the IR1 option, can we get married while she visits me in the states, apply for I-130 then have her return to her country? Or would she have to apply for I-130 after she returns to her country first? Was a little confused about the sequencing when I looked this up.

How long on average is it taking for the CR-1 process to be complete (Green card in hand) these days?

Finally, is she still allowed to visit me in the states while we wait for I-130/CR-1 to be processed? Not quite sure how long it's taking these days but it was a tough pill to swallow knowing we'd have to extend how long we've been doing long distance even for longer than a year. Being able to visit each other in the meantime would really be a huge plus

Thanks so much in advance

AOS is not available to you guys because yes, it is fraud to enter the US on a B2 with the preconceived plan of staying in the US to adjust. A B2 is strictly for tourism/visiting. AOS is only available to those who enter on K1 OR to those who enter on non-immigrant visas but their plans genuinely change after entry. Just FYI though, there is no "60 day" rule with AOS. K1 is annoying because you have to do AOS and yes the EAD takes a long time. Best option is CR1. Not sure how long it takes to get the green card but when she enters, she'll have a stamp in her passport that acts exactly the same as a green card. She can visit while the CR1 is processing but every visit is up to the discretion of CBP.

Chancy · July 25, 2022

33 minutes ago, CTCR said:

Hi, everyone!

I’m a first-time poster here, just trying to make sense of this whole confusing process before diving in. Any advice or recommendations from people who are either currently in the same boat or have already finished their visa process would be very much appreciated.

My fiancé and I are getting ready to submit our visa petition. He’s currently in the UK, and I’m the US citizen. We’re going to do the K-1 visa, so he can move here and we can get married. However, after seeing some other posts on here, I’m starting to wonder if we should get married first and then do the CR-1 visa instead.

If I’m understanding correctly, it basically involves the same forms, filing fees, and proof required for both visas. However, the K-1 splits the mountain of paperwork in half (before and after the move to the US and the marriage, pretty much) and leaves him waiting for the second half to be completed before he can work here, travel again, or get his green card. Meanwhile, the CR-1 would mean we’d tackle the whole mountain of paperwork first, and then he can essentially hit the ground running when he gets here because everything (adjustment of status, green card, etc.) is already done.

I guess my question here is, which one makes more sense for us to do? He’s pretty concerned with financial implications, both in terms of filing fees and proof of income, since we’re both freelancers. The ability for him to travel again sooner would be pretty important, since he has an elderly mother who’s staying in the UK. Both of us are just anxious to get it done and done right, without getting too stressed out over it all.

Obviously, being together sooner would have its perks, but I’m under no illusion that either of these options will be quick. Instead, I’m looking for the more efficient option, as well as the least stressful option (if there even is one). So, for those of you who have gone through these processes before us, is it easier, financially and in terms of paperwork, to deal with it in chunks and do the K-1? Was it worth doing it all at once for the CR-1? For the immigrants in this equation, which one was easier on you once you were here in the US?

Any perspectives anyone can share on the pros and cons of either of these visas, particularly from the immigrant’s perspective, would be super helpful. I just want to make sure we pick the right visa and that his process of moving here goes as smoothly as possible, even after he’s landed.

Thanks!

Just on the fact that it's important for him to travel means you should definitely go for CR1. K1 plus adjustment is cumbersome, annoying and he will most certainly go insane not being allowed to leave the US. K1 and adjustment of status are also separate processes, meaning separate fees for both, meaning a higher grand total when you add it all up. CR1 is a much more efficient process on the basis that it automatically makes the immigrant a green card holder/permanent resident upon entry with the visa.

Rocio0010 · July 25, 2022

55 minutes ago, Rocio0010 said:

Having a job offer in the US actually shows immigrant intent, so why would they believe that she doesn't have immigrant intent?

If she wants to apply for a tourist visa, just having a lease in her home country is not enough. Especially with her job situation.

Yeah, you'll need those for a B1 B2 visa, but they don't prove strong ties.

Not a strong tie either.

Probably good for a B1 B2.

Paging @Crazy Cat for his (extremely) useful comparison of K1 vs CR1

You've been given toons of answers. You still insist on getting it your own way. At this point, since no answer here is convincing enough, I would strongly advise you to hire an attorney.

K3s are dead and a waste of money. The choice is between K1 and CR1

OP's wife is Canadian. She doesn't need to apply for B1/B2 just to visit. She'd only need one if CBP eventually tells her to get one, which would probably happen due to visiting too much.

1 hour ago, DualMatty said:

We want to do this “the right way” - we heard about adjustment of status but it seems scary. I’m a Jew so I have an innate residual fear of “having my papers in order” at border crossings. But I also feel like when we come and go, the border guards will be ok as long as we’re not truly abusing it.

Adjustment of status is not a viable option for you.

PaulaCJohnny · July 23, 2022

1 hour ago, DualMatty said:

I meant other than DCF, if DCF is allowed, and if she's allowed to visit during DCF, and if DCF actually takes 2 months (or not much longer). DCF feels like a hail marry because there's no way to call them, you can only email and not be sure when you'll hear back. I'll pray for DCF to come through.

I'm just pointing out the absurdity of this situation: If I could magically make my American citizenship disappear, I could have already gotten the two of us visas right? TN and TD I was told from the hiring company are 1 to 2 months. Hopefully we're only separated half the time for a few months total... that would be ok, still frustrating, but understandable.

As Crazy Cat said in the first page and Jorgedig said above, there is nothing easy or quick about the US immigration system. No lawyer is going to encourage you to give up your US citizenship just for the sake of getting TN visas for both you and your wife. That is too permanent of a solution for a very temporary problem. And as I stated before, if separation time is this problematic for you, you have the option of just staying in Canada. Best of luck. I'm out now.

July 22, 2022

6 minutes ago, DualMatty said:

she's an artist. with the salary of this job, even with 2 apartments, we wouldn't need her to work

Research DCF then. I'm not an expert on that particular process so I can't advise. I only know that it is possible via the Montreal consulate and that it is rather quick if the consulate agrees to it.

Chancy · July 22, 2022

8 minutes ago, Kdd1214 said:

My husband is about to be on the last step of the CR-1 visa since he has lived in the states for almost 2 years. Our date to refile all of the information is in October to remove the conditional status. However he wants to go to Costa Rica ( where he's from) in November. His green card is valid until January 17th, 2023. Does anyone know if he is still able to travel without any problems so close to the expiration or does he have to wait until he gets the new green card without conditions? I just want to make sure it's not something like he can't travel within the last 6 months or something like that.

His visa process was over when he originally entered with the CR-1 visa 2 years ago. You're only talking about his permanent residency process now. He's ok to travel and to return any time before his green card expires.

swalker · July 22, 2022

4 minutes ago, SusieQQQ said:

And this needs to be somewhere in the top 3.

This question does come up a lot and I do sympathize because I know a lot of immigrants aren't comfortable with English and they're not completely familiar with US law enforcement and the legal system. However, it also kinda boils down to common sense. The green card is not granted by the US citizen spouse. The US citizen spouse only petitions for the green card, i.e they are formally asking the US government to grant the green card to their immigrant spouse. The green card is granted by the US government. Therefore, only the US government has the power and authority to revoke a person's green card and to deport them.

laylalex · July 22, 2022

2 minutes ago, Crazy Cat said:

No.

I'm telling you, this is why we need a big updated FAQ page.

Mike E · July 22, 2022

4 minutes ago, Yoyo123 said:

We have been married since 4 years. now we having a problems in our relationship. I have 10 years green card so my question is if we get divorced can my spouse cancel my green card and deport me?

No.

Crazy Cat · July 22, 2022

Just now, DualMatty said:

We do have the same citizenship... we're both Canadian. If I didn't have my American one in addition, we could get a TN/TD in a month or two directly from the job.

You share Canadian citizenship but not American and that is the issue. There is no reason to rescind your American citizenship. That process alone can take some time. You're better off filing I-130 and dealing with that.

SalishSea · July 22, 2022

7 minutes ago, DualMatty said:

Is there another option other than I-130? Like a non-immigrant visa? If the best option is for me to rescind my American citizenship to get a H-1B and H-4 visa or TN&TD on our Canadian passports, that seems absurd...

I-130 is the easiest and fastest way for her to move permanently to the US without issues. Rescinding your American citizenship is an absurd idea. There's absolutely no reason to do that. Besides, even if you were to pursue that, that process PLUS trying to get an H1B or TN would take time. At the end of the day, it'd probably take around the same amount of time as just waiting for the spousal visa. You also would not be able to start your job right away. You'd have to wait for H1B visa to be processed and that can take a while.

And there is no reason to pursue a non-immigrant visa. Not all non-immigrant visas allow for a green card, which is ultimately what your wife needs to live and work permanently in the US. Non-immigrant visas come with all sorts of conditions and restrictions that your wife would have to adhere to. She would also have to qualify on her own terms and merits for a non-immigrant visa, depending on which one you look at.

Stick to the I-130. Sorry but if you're unable to handle some separation time, then consider just staying in Canada. Separation time is part of the deal if you're in a relationship where you don't have the same citizenship and must deal with these government legal processes.

Dashinka · July 22, 2022

37 minutes ago, Jamie and Richard said:

@beloved_dingo @Dashinka Thank you both for your kindness. Pregnancy is not the reason for my expedite request, but simply that I am struggling from resurfaced anxiety and depression that I have been medically diagnosed with. It is now not easy to cope with right now because of my inability to take medication because of pregnancy and lack of emotional and mental support from friends and family not living within close proximity. I made sure to educate myself on the whole visa process prior to filing our forms because I wanted to be sure I wasn't making any mistakes or hasty decisions., so I understand that pregnancy alone is not a reason for expedite. While I don't want to trivialize anyone's emotional and mental state, this is something I have been struggling with for most of my life and have had the ability to cope with prior to my pregnancy because I had useful tools in life that I no longer have accessible to me (i.e. medication, support of family and friends). My clinical depression and anxiety is also manifesting physically within my body that could also be putting the health of my child at risk. @beloved_dingo I agree with what you said in using "Ask Emma" for the next request. This will be my next choice if I choose to not hire a lawyer.

Unfortunately, this is just how the process is with the US immigration system. As Boiler said, even if an expedite were granted, it still isn't lightning fast. Governments and bureaucrats take however long they take and the hard truth is that applicants are at the mercy of however long it takes. A lawyer has no power or influence in speeding up a case.

Chancy · July 22, 2022

7 minutes ago, DualMatty said:

If she wanted to visit me where I'm living and working in Washington state, and we keep an apartment in Montreal, how much could she visit? Why couldn't we just straight up say to the border guards the situation, and she won't be working or voting, so during the 2 years of processing she could visit. And how much? Like half the time spent in Washington, half the time in Canada overall?

Every single entry is up to the discretion of the CBP agent she talks to every time she crosses the border. CBP will let her know at each entry how long they're allowing her to stay in the US for that visit. Being Canadian, she's unlikely to be turned away or denied entry. However, keep in mind that she will be declaring immigrant intent by filing I-130 and of course, CBP will know that. The onus is on her to prove that it is JUST a visit while the I-130 is pending and that she fully intends to return to Canada when CBP instructs her and that she will ONLY move permanently when her spousal visa is issued and not before that point. They will not allow her blanket entry for as long as she likes or allow her "easier access" just because you attempt to explain the situation to them. They don't do that for anyone.

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