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mushroomspore

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  1. 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.
  2. Like
    mushroomspore reacted to Crazy Cat in USCIS Expedite Request Denied?!   
    USCIS has established categories for a valid expedite.  Severe Financial Loss is a popular one I have seen.   USCIS receives many, many, many expedite requests every day.  There are thousands and thousands of people already patiently waiting for their loved ones to be processed.  Those are just the facts.  Good luck on your journey.  The immigration process is a very, very stressful experience for all of us.  I wish you and your family well. 
  3. Like
    mushroomspore reacted to Boiler in dual citizen married to canadian, moving to US for job   
    That will not help visiting, DCF sounds the best bet.
  4. Like
    mushroomspore got a reaction from Chancy in USCIS Expedite Request Denied?!   
    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.
  5. Like
    mushroomspore reacted to pushbrk in Marriage problem [merged threads]   
    Essentially correct within the context of the OP's question but lots of semantic errors.
     
    US Citizens petition in behalf of their relative/spouse but not for a green card.  They petition for the relative's privilege of applying for an immigrant visa, or for Lawful Permanent resident status, depending on the circumstances.  Once conditions are removed, the status of the relationship between the petitioning relative and the Lawful Permanent Resident is no longer relevant to any immigration benefit they were granted.
  6. Like
    mushroomspore reacted to Boiler in dual citizen married to canadian, moving to US for job   
    Why does she not apply for a TN?
     
    DCF is approved is relatively quick.
  7. Like
    mushroomspore reacted to Boiler in Marriage problem [merged threads]   
    No
     
    And has I 864 obligations
  8. Like
    mushroomspore got a reaction from Redro in Marriage problem [merged threads]   
    I'm telling you, this is why we need a big updated FAQ page.
  9. Like
    mushroomspore reacted to SusieQQQ in Marriage problem [merged threads]   
    No, no, no, no.  
     
    You have a ten year green card? Divorce him and move on with your life, wherever you want to be. After you’ve had your green card 5 years you can file for citizenship without needing to be married.
    And this needs to be somewhere in the top 3.
  10. Like
    mushroomspore got a reaction from laylalex in Marriage problem [merged threads]   
    I'm telling you, this is why we need a big updated FAQ page.
  11. Like
    mushroomspore got a reaction from P055UM in Marriage problem [merged threads]   
    I'm telling you, this is why we need a big updated FAQ page.
  12. 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.
  13. Like
    mushroomspore reacted to SalishSea in dual citizen married to canadian, moving to US for job   
    She needs an immigrant visa to be able to live in the US.   As a citizen, you do not need a visa.
  14. Like
    mushroomspore reacted to SalishSea in dual citizen married to canadian, moving to US for job   
    She cannot live in the US until she has an immigrant visa.   Visiting is discretionary, and if abused, can lead to a denial of entry.
     
    She is also not permitted to work remotely while visiting the United States.
  15. Like
    mushroomspore reacted to Crazy Cat in dual citizen married to canadian, moving to US for job   
    Best option, imo, is to marry, then go with the I-130 route (either DCF or USCIS).  After your spouse has been a legal US resident for 3 years, she can apply for American citizenship.  
  16. Like
    mushroomspore got a reaction from Crazy Cat in dual citizen married to canadian, moving to US for 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.
  17. 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.
  18. Like
    mushroomspore reacted to Crazy Cat in dual citizen married to canadian, moving to US for job   
    Many, many of us have had to be separated during the part of the immigration process.  Visiting during the process is sometimes the only option. 
  19. Confused
    mushroomspore reacted to DualMatty in dual citizen married to canadian, moving to US for job   
    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...
  20. Like
    mushroomspore got a reaction from beloved_dingo 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.
  21. Like
    mushroomspore reacted to Crazy Cat in dual citizen married to canadian, moving to US for job   
    You won't like this, but the truth is that she can visit until a CBP Officer tells her she is visiting too much.  There just isn't a written rule.  Until she receives a valid visa, she can't live in the US whether she votes or works. 
  22. Like
    mushroomspore reacted to SalishSea in You can work and Pay tax without EAD   
    She needs an EAD to be able to work, full stop.
     
    The ongoing VAWA thread here may be helpful.
     
    With her SSN, she can file taxes.
  23. Like
    mushroomspore reacted to jan22 in You can work and Pay tax without EAD   
    This is a good example of the difference between "can" and "may" in the English language.  Unfortunately, they are now seen as interchangeble, but that is not accurate.
     
    "Can" means you are able to do something while "may" indicates you have permission to do so.   So, you often CAN find a job and someone to hire you even if you don't have authorization to work -- and if you do, per the IRS, you legally have to pay income taxes.  But you MAY NOT accept the job because you don't have legal permission/authority to do so because you don't have work authorization and it is illegal for you to work.
     
    Once you have work authorization you CAN (are abIe to) and MAY (have permission/authorization to do so) work.
     
    Sorry -- grammar lesson for the day is finished!
  24. Haha
    mushroomspore reacted to Crazy Cat in You can work and Pay tax without EAD   
    Believe it or not, there is an IRS rule which states that if you steal property, you are required to declare the value of the stolen property as income....LOL.
  25. Like
    mushroomspore reacted to Dashinka in You can work and Pay tax without EAD   
    The IRS is a completely different department in the government and has nothing to do with immigration.  Any immigrant or asylee needs employment authorization to work legally and no one here on VJ will tell you anything different.  Since we don't know the exact conversation between your friend and their lawyer, it is hard to comment on the exact context of the exchange.  It is true that if a spouse of a USC is attempting to legalize their status either through a spousal visa or through adjustment of status, and the immigrant spouse has worked illegally in the US, this will be forgiven by USCIS, but no one here will advocate that a spouse of a USC should work without proper documentation.
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