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Lance27

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Posts posted by Lance27

  1. 4 hours ago, HRQX said:

    Read 8 USC § 1185(b). The President* allows exceptions to the passport requirement; i.e. CRBA, NEXUS card, Naturalization Certificate, US Birth Certificate, Enhanced Drivers License, etc.

    *via DHS, a cabinet department

     

    Furthermore, INA § 215(b) no longer has an associated penalty: http://isaacbrocksociety.ca/2013/05/01/the-history-of-the-requirement-that-u-s-citizens-only-use-u-s-passports-to-enter-the-u-s/ "The punishment for violating the law?"

     

    An example: Maximiliano left and entered the US without ID https://youtu.be/1FB1FTXwGLw?t=2237

    I don't see Canadian passport on any of those links.

     

    Just to clarify, a USC should be entering the US as a US citizen.

  2. 10 minutes ago, L&C ARG said:

     

     

    3) If the K1 is not approved by September, can my fiancée go to US with tourist visa to visit me at least periodically? Or would that be a problem?

     

    4) Once we get the K1, get married and start the EAD process, could my fiancée still work remote for her Argentine employer being paid in Argentina? This while waiting for the EAD process. 

    3. Yes she can visit on the tourist visa. It's up to CBP to parole people in though.

     

    4. No. She cannot work.

     

    10 minutes ago, L&C ARG said:

    Thanks so much. This community is everything!

     

    Hopefully someone can help you out on 1 and 2.

     

    Good luck.

  3. 14 hours ago, tiffanymarie12345 said:

    I don't think they offered him to withdraw his application but they did cancel his esta and they also made him sign maybe 2 papers and asked him to put his right hand on the Bible and just tell the truth.. how would I find out if they did a expedited removal? I don't think they did because he never even made it to the US and the passport notation was 8 cfr 217.4(a)(1).. nothing else was written and they even told him if he wants to come back he needs a visa now... 

    You are okay to apply for a K1 visa. The denial at POE will not be am issue.

  4. 6 minutes ago, Jelly_Belly said:

    Ok, my mother-in-law does not need to obtain a work visa (she is retired, and has a pension), just the green card.  So, would it be better that my wife apply for her with the 1130, as my mother-in-law doesn't really want to stay here for the duration of 12-18 months?  She has no problem going back and forth.  Thanks!

    If she doesn't want to stay until AOS is completed then the I-130 is the best option.

  5. 8 minutes ago, Zeriox said:

    A year ago I came to the US on ESTA to visit my girlfriend. She asked me to marry her on her birthday and we filed for Adjustment Of Status. We paid all the fees and waited a few months. We did all that before my 90 days were over. So I did NOT overstay. Then things got a little complicated. She had to move out of her apartment and I got sick (stomach problems) but I wasn't able to see a doctor because I had no insurance. That was because I didn't have my SSN yet. I received my interview letter 1-2 weeks later. Then a family member died and unfortunately I had to return to my home country. I just bought a ticket and left. I called the USCIS from my home country and canceled the interview. That's all I did. It wasn't easy but I had no other choice.

     

    I still have my case tracking number and it says "Case denied". But actually I abandoned it and canceled the interview.

     

    Am I now banned from going back on ESTA? There's no way I would be able to get a B2 Visa. I have a disability and I don't have a job plus I live with my parents at the moment. So I don't have any binding ties. And I'm married to a US citizen. There's no way anyone would give me a B2 visa.

     

    I'm scared that I might not be able to go back to the US ever again. I never overstayed and I did things the right way.

    You can have your wife petition for you as the beneficiary of a USC. File the I-130 and go the CR1 route.

  6. 28 minutes ago, Dome said:

    My fiance is living and working in Canada on a work permit, which will expire the beginning of May. We received the NOA2 at the beginning of this month.

     

    I am beginning to become worried that we won't be able to get an interview date before her work permit expires. She could do a tourist visa to stay in Canada longer, but would she be allowed to do the K1 Visa interview on a tourist visa?

     

    How difficult would it be to switch embassies this far into the process if we can't get an interview before the work permit expires?

    She will not be able to interview if she is out of status in Canada. US consulate in Montreal will ask for proof of residency in Canada. I believe you can request to have the interview moved to her home country.

  7. 1 hour ago, Wendy said:

    After 18 years as a green card holder, I finally applied for citizenship.  I went to my biometrics appointment yesterday, and when I went to put my ID away today, my green card was gone.  I have looked EVERYWHERE.  What should I do?  Should I spend $455 to replace it so that I can hand it over to them to destroy soon after?

    Wow that really sucks. I applied after 13 years and had to apply for a replacement green card as I had lost mine. You will need to turn in the card when you get your citizenship. 

  8. 6 hours ago, MariKi said:

    Hello everyone. I’m an Italian citizen, my boyfriend lives in the USA but he can’t visit me right now. Because of this, I tried visiting him. I landed in Detroit but they deported me and revoked my ESTA because they thought I would overstay, which is not true. Now I want to apply for a tourist visa as that is my only option right now. But I’m wondering, will they deny me without second thought? I’m a student with no job, I live with my family, have no kids or anything. My only ties are my school and my family. I feel like that will be a problem. I don’t know what my options are at this point. Is there anything I can do to ensure they don’t deny me? 

    If he is in Detroit, you can visit Canada and meet in Windsor. It's right across from Detroit. 

  9. Wow Montreal got slow again? It took me 5 months to get my interview date after sending in packet 3 to the consulate. This was in 2007. In 2008 I was looking at timelines and it was taking 2and 1/2 to 3 months to get the interview date. 4 months is a long time but its a little better than the 5-7 months it was taking in 2007. Hopefully everyone waiting will get their interview dates soon.

  10. YES :)

    I'm nowhere near close to needing to have my medical but I was just wondering if you can have it done in a different province than the one you live in. I'm in Ottawa and the medical here is $250 but in Montreal it's only $180. Would it be possible to do this?
  11. the K3 visa is a non immigrant visa which does not allow you to work in the US, you will have to file for Adjustment of Status. The CR1 visa is an immigrant visa (gets you your green card) once you are approved at your interview at Montreal.

    Please check the timelines to estimate how long it will take. I believe there is not much difference in time between either at montreal (took us 9 months to get the K3 when we applied and it was taking a little longer for the CR1 at that time)

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