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Everything posted by Redro
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Where is your wife now? And yes, you will have to pay if you file the I-485 or I-824.
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Sponsoring Mom
Redro replied to Dan2023's topic in Bringing Family Members of US Citizens to America
Entering the US on a non immigrant visa (tourist visa) with the intention of adjusting status (filing i485) is immigration fraud. If your mother leaves this July and you file the I130 you will wait about 12 months for the I130 to be approved. Then she will complete DS260 and you will complete the I864. After those documents are accepted she will wait to be called for an interview at the embassy. I believe the complete time from filing I130 to interview will be about 24 months. So, July 2025 your mother will receive her immigrant visa. She can still visit you in December 2023 but each entry is up to CBP. If they think she is entering to stay in the US they won’t allow her to enter the US and she will have to return to India. -
Married on ESTA + AOS
Redro replied to E&G's topic in Adjustment of Status from Work, Student, & Tourist Visas
Poster I linked had 6 months of paystubs at time of application and received RFE. You might get a similar result or might be okay. Depends on nature of job and adjudicator. -
Use your US address. You are not living in Thailand. You are not a resident of Thailand. You are on a very long vacation in Thailand. In addition, you want to show USCIS and NVC you are maintaining your residence/ties to the US. If you are wanting to use your physical presence in Thailand as proof you and your partner have spent a lot of time together. Proof would be mail to that address. Passport stamps indicating you are present in Thailand should be sufficient for bonafides.
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It would be child of Canadian PR and USC using US health insurance... and the PR choosing to treated under US health care system not provincial health system sending her to the US. Wife would not in this situation have an OBGYN in Canada... so would they be able to use the provision in Canada's immigration code? @mugatu300 I would have your wife investigate whether or not she could be treated in the US with her Canadian health insurance... As always, it seems like the relationship between Canada and the US confers special privileges that are not available to others with a pending I-130.
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In theory, she can go to the doctor in Buffalo if they doctor takes her on as a patient. But in practical terms will she have issues crossing the border every time she needs to go for a check up? If she has a difficult pregnancy what is the plan? These are things you need to consider. You might feel more comfortable with the medical care in Buffalo but will an OBGYN take her on as a patient if she is a tourist just visiting? Maybe chat to your healthcare provider about the implications of pursuing a birth plan in the US as opposed to Canada. This is not an immigration question. This is access to healthcare question.
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Actively reviewed means your case was "touched". Generally, when a case is actively reviewed just after submission this means the case was assigned to a processing center. What you want to look out for is a second actively reviewed with a newer date. This will likely mean your case will be approved soon (look in the notices section of your online account). As you might have guessed: Do not pay attention estimated time until case decision because it is doesn't seem to follow any sort of logic. When we went through the process in 2021 our processing time fluctuated, too. From 6 months to 12.5 months then 13.5 months then 14.5 months. Actual time ended up being 9 months. Unlike the I-129F, processing times for the I-130 are not standard. You can read the processing group times IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports Here are November 2022, December 2022 and January 2023 filers. Someone else received the same message here: And you can check average timelines here.(step 2) And latest NOA2 approvals here. (Order by I-130 NOA2).
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You seem to have a lot of contacts in Myanmar which makes it easier. I was just highlighting the other advantages of Utah compared to marrying overseas. Most people do not have your resources. If you don't need the affidavit that you are free to marry in Myanmar even better, USCIS will not require it at any point either... I personally think February is a good amount of time. 4 months might not seem a lot now but if you can date back the marriage to February 2023 by registering the marriage in Myanmar I would do that... It also seems like for whatever reason you really want to formalize the ceremony you had in February, so even if it isn't 100% practical I would go to Myanmar and sign the paperwork. I will add- having my foreign marriage recognized in my home country took a long time. So, if it is complicated to have the Utah marriage recognized in Myanmar- I vote one more time for the Myanmar regisitration process.
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Is this your first big argument/fight? Is this your first time 1.) living together 2.) Having to organize finances and life stuff 3.) Blending your life together? I won't disagree your husband was disrespectful towards you during the fight. Did the fight just happen? Are you still not talking? As you are adjusting status, if you leave the US you will abandon the process (unless you have AP). You are currently allowed to stay in the US because you have the NOA1. It indicates are you allowed to remain in the US even though the I94 has expired. But, if you leave you might not be allowed to return to the US for some years (as a tourist) depending on what the consulate decides when you apply for a B1/B2 and if either tourist visa or ESTA are still valid for use for a return trip (you've shown immigrant intent by applying for adjustment). See how your husband behaves after the fight. Is he apologetic? Is he willing to work on the issues you were arguing about? In addition, the things you called him out on... if he never changes these behaviors would you be able to stay with him? It seems like you are saying no... You are in a tricky situation because you are most likely fully dependent on him until you obtain EAD. You might also want to consider going back to your home country, work on the marriage and obtain the immigrant visa via the consulate. This would give you more independence in the relationship as you would return the right to work and drive.
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Question: When you register the marriage in Myanmar. Will the date of marriage be the registration date OR the ceremony date... ? If the ceremony was quite a few months ago/a year ago and the marriage will be backdated I might suggest Myanmar to register the marriage. This way your wife will be more likely be granted an IR1 visa as opposed to CR1.
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Marriage certificate is in English. This means when you live in the US and if for any reason need to show the marriage certificate, authorities in the US understand it. Cost of translating documents from English to Burmese for the registration in Myanmar, cost of having to go to the US embassy to obtain a document stating you (the US citizen) are free to marry, then cost of translating the marriage certificate to English before you can submit it to USCIS. Marrying via Utah will save you time and money.
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Married on ESTA + AOS
Redro replied to E&G's topic in Adjustment of Status from Work, Student, & Tourist Visas
Seems like you qualify on paper. Apply, keep on looking for jobs and have a joint sponsor lined up if you receive an RFE. As always, I request you follow up on a few months as this will help others who follow in your wake. -
Married on ESTA + AOS
Redro replied to E&G's topic in Adjustment of Status from Work, Student, & Tourist Visas
Someone recently received an RFE for not having sufficient income. Click on the post to read part of the RFE. They want the sponsor to show 12 months of bank statements and will average the amount over the 12 months... (if using assets). Scenario: If you receive a large deposit in your bank account just before you file adjustment. You might receive an RFE asking you to explain why your bank account balance jumped so high... So, you'll want to explain how you came into the money if you haven't been working since November. I assume this won't be a problem though as you explain you have sufficient savings. -
Sounds like a plan… try it out and see how if works. First order would be for your wife to fall pregnant. Are you planning on visiting her or will she be visiting you every month? If she is due to give birth just before the interview what are your plans? She will cross the border? She will give birth in the US? Then stay until she can return to Canada for her interview? Will she wait out her last few weeks (heavily pregnant) in Canada or US?
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So would she spend her entire pregnancy here in the US (and overstay her visa)? Would she visit the US only for visits to her OBGYN? Is it really practical for a woman to travel 2 hours for health care? What happens if she encounters complications during pregnancy? Will she stay in the US? Will she she travel 2 hours from her home in Canada to your home in New York to receive care? Your TITLE suggests you think your wife can just move to the US and "wait out the process in the US"... Marriage to a USC confers no automatic right to stay in the USA. Being pregnant and having US healthcare is great... but sounds like you want her to move to the US and live here while the I-130 is processing. If she falls pregnant and stays in the US for 6 months total (because you don't want her to overstay her visa). Then leaves the US to return to Canada around her 7-8 month of pregnancy do you really think she would be allowed to re-enter to give birth?
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Travelling to US after CR-1 visa
Redro replied to pizzapancake's topic in Working & Traveling During US Immigration
It is better to say "I am entering on a US immigrant visa, where should I go?" You do not have to give them an entire life story... And I would definitely not say this at the interview in August. If you read @Mike E's post you can see they gave too much information. No longer had a home in the US. Primary residence was in Canada. Where is your USC spouse during this process in US or Hong Kong? And is your home country the UK? -
Adding Child After I-130
Redro replied to LethalEchidna's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
And if you look at that link it doesn't say if residing in the US you can file online... correct? Some of the US embassy websites are outdated/do not have all the correct information.. You can file online or you can file by paper. Your choice. -
Adding Child After I-130
Redro replied to LethalEchidna's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
We submitted the documents online and were approved with no issue. We were both living in Korea at the time. Filing online is easy and convenient. -
Adding Child After I-130
Redro replied to LethalEchidna's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
You should submit the I-130 online. No need to mail the packet to the US (it is expensive!). You will be able to add the child to the DS260. You do not need to inform USCIS about the birth of the child while the I-130 is pending. Get the CRBA for the child after birth. -
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Cancelled without prejudice
Redro replied to Sagar khan's topic in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports
Has someone else submitted an I130 for you? A mother, father or brother? Or maybe a former spouse? -
I-130 Mailing Address Question
Redro replied to LethalEchidna's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I only suggest this because the mail to Poland will take ages… and if you file online you get the same documents in your USCIS account. We moved while our I130 was pending (and you can’t change your address online if it’s a foreign address)- so getting our physical approval notice was a chore because we had to wait on the new tenants.