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mushroomspore

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  1. Like
    mushroomspore got a reaction from AKN2 in Domestic Violence(Pending) issues with customs   
    I would cancel the trip, if I were you. If you said your wife got a parking or speeding ticket, that's no big deal. But domestic violence is a big deal to immigration. I would NOT take ANY risks after such an event. Cancel the trip and wait until your wife's case is over.
  2. Like
    mushroomspore got a reaction from AKN2 in Domestic Violence(Pending) issues with customs   
    Yes go to the court date and get this sorted out and drop the charges. Even with dropped charges though, I think your wife will have to disclose the arrest at the AoS interview and also for the RoC and citizenship interviews. Just something to keep in mind.
     
    Traveling and coming back with Advanced Parole SHOULD be fine. But also keep in mind that the risk that exists is that AoS will be denied while you are abroad. This is uncommon and unlikely though. However, if it IS denied, AP won't help and your wife will be denied entry. If you are that nervous about the potential effects of the arrest, my suggestion is to cancel the trip altogether and not leave until your wife's AoS case is 100% done. That's just my 2 cents though because a domestic violence related arrest for an intending immigrant is pretty serious.
  3. Like
    mushroomspore got a reaction from AKN2 in Marriage problem [merged threads]   
    I'm telling you, this is why we need a big updated FAQ page.
  4. Like
    mushroomspore got a reaction from Oriku in ESTA To AOS Potential Problem?   
    But she is a former consulate employee. She is more aware than most people about the laws. It's also just basic common sense that governments regulate who comes in and out of their countries and that lying to those agents about the purpose of your entry is not a good idea. 
     
    The truth is that actually, AOS applications from B2/VWP/ESTA does not incur "more scrutiny" and it's not "a whole other ball park". Generally, it's actually a rather simple process for applicants who have been completely honest. The other big detail that stood out is that her ex supposedly reported her to ICE. Unfortunately that is really not good. The overstay and illegal work actually are not the problems either. The lie about her intentions is. Alright I am now also out. Good luck to you both.
  5. Like
    mushroomspore got a reaction from Bahrainexpat in What's after getting approved for Green Card?   
    All info about that is right here: Continuous Residence and Physical Presence Requirements for Naturalization | USCIS
     
    Just to be clear, physical presence and continuous residence requirements are more than just about how much time you've been in the US and how much time you've been out. The main thing about this point is that you must be residing in the same district in which you file N400 for at least three months before filing. For example, if you live in New York City but then move to Los Angeles and file N400 in Los Angeles after only 1 month, your application will be denied.
     
    Also keep in mind that while you are a permanent resident, absences of about a year or more can cause issues with CBP when you attempt to return. Only an immigration judge can revoke your permanent resident status, but obviously you don't want it to come to that nor do you want any reason for CBP to single you out or be hardcore towards you. Technically yes, N400 requires you to be present in the USA half the time but do not take that to mean you can stay in the USA for 18 months and then leave for 18 months, come back and file N400 under the 3-year rule without issues. This pathway will cause issues for you and would undoubtedly lead to denial. There are some people who are exempt from physical presence and continuous residence (see the above link) but they're pretty specific exceptions (things like military, certain industries that require international work/travel, etc).
     
    Sorry to throw all this info at you but obviously this is important and knowledge is power. An immigration judge, CBP and any other US government official will not take, "I didn't know" as an excuse.
     
  6. Like
    mushroomspore got a reaction from swalker in Marriage problem [merged threads]   
    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. 
  7. Like
    mushroomspore got a reaction from AKN2 in Bomb drop...in-laws want to immigrate to USA. HELP   
    That's what worked for you but please don't come in here saying that your mentality and circumstances apply to OP. They don't.
  8. Like
    mushroomspore got a reaction from AKN2 in Bomb drop...in-laws want to immigrate to USA. HELP   
    My parents (more specifically,  my mother) has made "jokes" about me petitioning their immigration to the US after I become a citizen. It has never progressed to any serious discussion but nonetheless, it is a majorly hard-cold NO from me. You're an adult. You're allowed to say no. "No" is a full sentence. You're allowed to enforce whatever boundaries you have to with your in-law's for the sake of your mental health and that does not make you selfish. Trust me, I went through therapy for 1 year (as a full-grown adult in her 20's!) and it took me that long to untie myself from those feelings too; I felt like a bad person for wanting to say "no" to my strict/overbearing parents, even after I had moved away from Canada and to the US. But that said, since it's your wife's family, it's really on her to enforce the boundaries. If you want her to grasp how serious this could be for you guys, one idea would be to go together to an appointment with a lawyer and possibly even a marriage counselor to drive home into your wife's head how uncomfortable you are with this situation and how it would affect your marriage/lifestyle.
     
    Just wanna add....your wife would be able to petition her mother right away if your wife is now a citizen (which it looks like she is). But your wife's sister will be waiting, at minimum, 1 decade. Most likely longer.
  9. Like
    mushroomspore got a reaction from Lorenelady in Why does the US hate AOS from tourist visas?   
    For AOS, you do not submit such documents. To answer your question, a lot of people don't like this route (B2 to AOS) because it's seen as the easiest way to commit fraud. I don't have exact stats but it would be interesting to know if B2 AOS cases does indeed yield the most fraud investigations. Fraud can happen under any category though. A couple years ago in Los Angeles, a local cafe shut down while a 2nd location was being built in the city. Turns out the owner had violated their investor visa (EB5, I think?) and basically misused the millions that had been given to them for the operation. Yikes!!
     
    Also wanna add that there are many stories of immigration fraud with the student visa. Lots of fake schools out there that just take people's money who want a way into the US and are not actual educational institutions.
  10. Like
    mushroomspore reacted to Crazy Cat in Wife's N-400 Interview is Scheduled!!!!!   
    With a pending I-751 since March 2019, I am hoping for a combo interview!!!!!  It's time to end this journey.
    N-400 interview scheduled for Dec 14th in Dallas!!!!!
  11. Like
    mushroomspore reacted to Mike E in USCIS Extends Green Card Validity Extension to 24 Months for Green Card Renewals   
    https://www.uscis.gov/newsroom/alerts/uscis-extends-green-card-validity-extension-to-24-months-for-green-card-renewals
     
    Release Date  09/28/2022 Effective Sept. 26, U.S. Citizenship and Immigration Services (USCIS) is automatically extending the validity of Permanent Resident Cards (also known as Green Cards) to 24 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card.
     
    Lawful permanent residents who properly file Form I-90 to renew an expiring or expired Green Card may receive this extension. Form I-90 receipt notices had previously provided a 12-month extension of the validity of a Green Card.
    USCIS has updated the language on Form I-90 receipt notices to extend the validity of a Green Card for 24 months for individuals with a newly filed Form I-90. On Sept. 26, USCIS began printing amended receipt notices for individuals with a pending Form I-90.
     
    These receipt notices can be presented with an expired Green Card as evidence of continued status. This extension is expected to help applicants who experience longer processing times, because they will receive proof of lawful permanent resident status as they await their renewed Green Card.
     
    If you no longer have your Green Card and you need evidence of your lawful permanent resident status while waiting to receive your replacement Green Card, you may request an appointment at a USCIS Field Office by contacting the USCIS Contact Center, and we may issue you an Alien Documentation, Identification, and Telecommunications (ADIT) stamp after you file Form I-90.
     
     
  12. Like
    mushroomspore got a reaction from Chancy in dual citizen married to canadian, moving to US for job   
    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.
  13. Like
    mushroomspore got a reaction from milimelo in dual citizen married to canadian, moving to US for job   
    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.
  14. Confused
    mushroomspore reacted to Pinkclouds in Can a permanent resident spouse come to the USA on an esta visa and stay while AOS?   
    Yes, I've been told this before as well. 
     
    Do you know how long I will take to maintain my residency, so I can file a CR1? Or AOS legally when the time is right?
  15. Like
    mushroomspore reacted to SalishSea in Can a permanent resident spouse come to the USA on an esta visa and stay while AOS?   
    Your partner won’t be able to enter with the intent of AOS.   We have been trying to tell you that is fraud.
     
    CR-1 is for spouses of USCs.
  16. Like
    mushroomspore reacted to Family in Can a permanent resident spouse come to the USA on an esta visa and stay while AOS?   
    Your question is a bit unclear…..there is NO FORMAL “ recognition “. You are in great shape the moment you enter.
     
    I explained earlier IF you don’t want to stay ….do rentry see previous post
  17. Like
    mushroomspore got a reaction from Family in Detailed FAQ?   
    I know each sub-forum has their stickied posts but I wonder if the site should have a more dedicated FAQ page and if new users should be required or requested to read that FAQ page first to see if it answers their question(s). Also...let's promote the search bar that's right there in the top right corner.
     
    Lots of people (esp new people) don't even see the stickied posts and end up posting the same questions over and over. I know part of it is that the individual wants reassurance about their case, but the same questions pop up a LOT. I did AOS so I'm more familiar with the questions pertaining to those and I felt like starting a list of the most common ones. Please feel free to add any others that are more specific to the other processes, like K1, CR1/IR1, the work visas, etc. And this is meant to be an open discussion, of course...feel free to add your thoughts about developing this.
     
    I'm in the US on a B2/ESTA/VWP and wanna get married/just got married. Can I adjust status?  What about the "30/60/90-day rule"? Help, my spouse is threatening to deport me/is abusive etc. What can I do? What's the difference between the 2 year and 10 year green card? How do I know which one I'll get? What's the difference between I-751 and I-90? Which one do I file? How does the ROC extension letter work? How do I know when to apply for naturalization? What are my rights and privileges as a permanent resident? What are my rights and privileges as a US citizen? They made a mistake on my green card. What do I do? What are the differences between K1 and CR1/IR1? (Let's do @Crazy Cat a solid and immortalize his comparison post that he copy-and-pastes all the time) I saw/read <incorrect info> on <some random website>. Is this correct? We don't really have a lot of the "bonafide evidence" that they list in the application. What can we do for that? How do I establish domicile for the spousal visa application? Can I visit while my visa is being processed? I'm pregnant. Will that speed up my application?
  18. Like
    mushroomspore got a reaction from Elf in N-400 Interview Having Children 3 Year Rule   
    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. 
  19. Like
    mushroomspore got a reaction from Elf in N-400 Interview Having Children 3 Year Rule   
    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? 
  20. Like
    mushroomspore got a reaction from Elf in N-400 Interview Having Children 3 Year Rule   
    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. 
  21. Like
    mushroomspore got a reaction from laylalex in N-400 Interview Having Children 3 Year Rule   
    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".
     
    Yourself included apparently.
  22. Like
    mushroomspore got a reaction from laylalex in N-400 Interview Having Children 3 Year Rule   
    As Crazy Cat said, it just sounds like your IO is a (bad word that I can't type out).
  23. Like
    mushroomspore got a reaction from laylalex in N-400 Interview Having Children 3 Year Rule   
    Umm, not true. Baby-trapping certainly does happen.
  24. Like
    mushroomspore got a reaction from laylalex in N-400 Interview Having Children 3 Year Rule   
    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. 
  25. Like
    mushroomspore reacted to Cathi in N-400 Interview Having Children 3 Year Rule   
    Not to mention discriminatory. 
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