Lil bear

25 minutes ago, kvito28 said:

My mother who arrived on a B2 visa is adjusting status via concurrent filing. She never overstayed or violated the terms of her visa. Due to changes in circumstances related to our work we need a caregiver now and she decided to stay. We filed concurrently a few days ago and the credit card was charged. I am assuming we will get I-797s any day now. We would like her to be able to drive in case emergencies arise while she cares for the newborn.

 

We filed I-130, I-485, I-765, I-131, I-864 and the medical I-693 all at once. 

Thank you. She can try with her passport, I797 and I94 that you can get online from cbp records. I haven’t looked if she also needs a ssn.. which she cannot get yet.. not how long the dl would be valid for.  It would not be Real Drivers licence but that won’t be an issue  at this point.  May only be until the end of her allowed b visa stay on this entry. Plan B will be needed.. uber, taxi, neighbour, friend. Let us know how you go 

3 minutes ago, Katlady203948 said:

Do you know if it's common for them to reject this route? Or any reasons why they would reject it if we have filed everything correctly? The company offering him the job has repeatedly expressed to him how urgently they want him to start (under 3 months, preferably sooner) and once they send it in writing it will undoubtedly say a date within 2 months. 
 

Put a new question about DCF experiences on the Canada sub forum 

Do a search on vj timelines using Canada and DCF as key words. Look at threads that come up there 

Search the Montreal

interview posts for any who used DCF 

PM vjers  who went through this directly 

2 hours ago, kvito28 said:

I saw that but did not know what to make of it. I recently read that someone got it with just I-797 and was wondering of other's experience in NC in particular.

So much of the answers to your question  depend on info you havent given us 

The I797 is accepted under certain conditions only. We need a little more info on the current status in the US for the person who is wanting to get a NV drivers licence 

2 minutes ago, madj22 said:

Thank you for answering some of my questions. Should I be filing in Canada now? I left when I was 21, so never really had an income there and clearly havent since. I've never understood that and honestly forgot about it entirely. 

US is unique in taxing its citizens and LPRs on worldwide income not just on income earned in the US.  Canada only taxes Canadian income. 

3 minutes ago, madj22 said:

Hello all,

 

Years ago I started my immigration journey to the states and a year and a halfish ago I became a US citizen (now ha e dual canadian/us) via a marriage green card! My husband is a US citizen. 

 

As we are looking to start a family, we are considering moving to Nova Scotia where my family is, as housing is affordable and we want to be near my family as we have kids. 

 

This website seems to be US based only, but does anyone have any knowledge on the following questions or point me towards someone/a website who does? I've looked into lawyers and even the cheapest ones are so unaffordable. Money is really tight right now for us. 

 

1. If I move back to Canada, will I lose my US citizenship? 

 

2. Most importantly, the process to essentially start all over again in a different country with immigration is so daunting. This website was enormously helpful and there doesn't seem to be anything like this for people moving to Canada. Does anyone know what the immigration process would be like for my husband? I'm curious how he would work (as he is the main breadwinner) and what the steps to apply for marriage based Canadian citizenship would be like for him. 

 

3. He works for himself, also curious how that would be impacted by moving countries/immigrating. Starting his business again on the other coast.

 

4. How does this work with his US citizenship- does the US gov really care that much or could he have both? 

 

I am sorry if this is totally the wrong place for this. I'm just so lost and anxious and this site was such a saving grace for me before. Helpful answers would be so appreciated, from one human to another. Thanks! 

You both keep your USC status. You  also both keep the amazing  responsibility of filing with the IRS every year, declaring your income no matter where you live 🤣

2 minutes ago, Katlady203948 said:

I'm trying to look into DCF - it's so unclear whether that applies to our case or not - I swear the US Embassy website said it didn't the first time I looked, and now I can't find that page. Also, the only consulate that does immigrant visa processing in Canada is in Montreal, which is far for us to travel to file, but of course would be worth it for the processing time, IF our situation applies after all. This has been such a confusing process so far. 

Each consulate can choose to offer DCF… or not.. The USC needs to email them and outline your request… usually it’s because of an  urgent need to relocate because of a firm

job offer for the USC. But its not guaranteed that your request will be granted. You will end up interviewing in Montreal whether you go DCF or Consular  processing. 

4 minutes ago, Dee002 said:

It happened so long ago, when the police grab him off the sidewalk he had just lit up the cigarette, the police take it out of his mouth, crush it on the ground and say “we taking u down to the station”.. & take him to the station. The police UNWRAPPED it & seen it was tobacco yet STILL corrupt & charge him. When he went in front of the judge, they nah believe him. Of course they wouldn’t. It’s the police in JAMAICA corrupt. It was so fast, they told him just to pay $10,000JMD & plead guilty to get out of jail. No, no lawyer for that case, but yes we have a lawyer for our immigration case. The lawyer said since it was just a cigarette and not actual weed, it shouldn’t be a problem. But the consular officer said that he couldn’t push it through with that on there. We didn't want to lie or withhold info so that’s what we did. 

Ohh okay. Sorry, but What does IO mean?

Because the DOS regulation needs to be interpreted in light of the specifics of this case .. And this is  outside  the scope of the IO.. He refers it to legal, who make a ruling and notify the IO.. who then makes the final decision on the application 

2 hours ago, Tiff. said:

Me and my fiancé want to apply this month for a k1 and I had a few questions about this and hope someone could answer them all since I haven’t been able to find much.

 

1. Does age matter ? I’m 21 and he’s 19 and he’s the petitioner, would this cause extra scrutiny? I’m not worried about the age difference but I am worried about how young we are since it’s apparently looked down upon?

2. Is it ok for his mother to be the sponsor with him? I saw that the sponsor has to be 21 so he can’t be the sponsor but does that mean he can be the sponsor with his mom?

3. We got tickets for a concert in June and I wanted to visit him. How do I proof I don’t want to live there yet? I currently don’t have a job and live with my parents so I don’t know if that would help. I have pets but is that enough reasoning? How big is the chance they’ll deny me? Does it depend on the airport? What other proof could I show them? What questions should I prepare for? 

4. Should I stay shorter than I usually do? On an average I visited him about weeks and was planning on staying for 4weeks or would this be suspicious? I have visited him 4 times now for an average of 41 days and left when I said I would, except once when I changed the flight home to a week later which was still within the 90 days. would this make them trust me more since they can see that? 

5. We have about 20 photos together, texts, call logs, FaceTime photos, engagement ring photos and receipt and 3 statements of 2 friends and his dad. Then lastly we have proof of meeting up 7 times (tickets, receipts boarding passes etc) is there anything we should add for proof?

6. We don’t have proof of us calling before 2023 since we used a server call which isn’t recorded, does that matter? I do have some screenshots from us in videocall but that’s it. 

 

7. Are the forms really randomly sorted to the centres or is there some way of knowing before you send it? 

8. If the form fee is sent by personal check, do we send the form at the same time? How do we add proof of payment if it has to be at the same time? We wanna make sure we have a copy of the receipt so how would we do that? 

 

I’m sorry if this I didn’t post this right please tell me if I did. 

1.  Not necessarily. They are looking for evidence of a bonafide relationship 

2. yes 

3. Given your situation, it may be more difficult to demonstrate strong ties to your home county once you have submitted  the K1 application. But it all rests with the incoming cbp officer 

6. Cant  give what you don’t have. Evidence of time together is the strongest documentation

7. Not a random assignment .. done according to USCIS protocol … over which you have no control or knowledge until you receive your receipt for the application 

8. photocopy of everything. Personal check if fine. Keep a copy of everything. Payment must accompany the application and all required documentation.
 

This first stage of application is really the USC responsibility .. He should be doing his research and taking responsibility for the correctness and completeness of the application..  you can support him .. but he should get active on here too., you have a long journey ahead  

8 minutes ago, Dee002 said:

The officer said that he has to give our case to the lawyers to look over for the statute and see if it states all tobacco products, weed included or if you can only get charged for smoking in a public place that only applies to weed: my husband had a conviction for ‘smoking in public’. This whole time for the paper work and everything we filed stated his charge. We never lied about it. Why do they wait until you get to the interview to make you know? It wasn’t even weed he had. It was a tobacco cigarette. And it was so small, I mean like half the size of a pinky finger. Yet the JP filed it as ‘marijuana’. Anyway, the charge was 3 years ago. So; the consular has his passport and paperwork. If they didn’t give his passport back, why even take it if this happens? This is a joke & it makes no sense. He’s never been to jail, he doesn’t have ANYTHING else on his record. We explained all of this, but it doesn’t matter I know. All these corrupt politicians, all of these people in power have so much more that they do and the people trying to do things the right way always get the short end of the stick. What do we do now? File a 601? His medial will expire at the end of March. 

You can’t push it. No waiver can be filed until  after a denial… if that happens. The reason why this occurs at the interview and not before is because the IO is the one who holds the authority to adjudicate your application for an IV. No one else can.  USCIS address the right of the US spouse to petition their foreign born spouse. NVC collect the documents and checks that they are signed etc but does not make any judgement on them.  You can only wait at this stage. We all know this is hard 

1 hour ago, PeterMcS said:

Isn't it easier to do it after marriage, so you don't have to change the name with the SSA again after you get married and change your name?

It is easier to get one when the names on passport I94 visa and ssn application are the same. Waiting can mean that the ssa check  processes don’t come through in the limited time period for issuing a ssn on a K1.. which then means that you have to wait until by the EAD or GC. Its needed for bank, drivers licence etc   

24 minutes ago, Evelina said:

So weird it's not like I wasn't doing my research on the whole process... since everything is so complicated it's really difficult to know how much you have to go out of your way to look for stuff and not do things as they come,  in  certain order.  THere's no way I'm the only person whos in this situation nor they mention this on most k1 visa advice articles 

Not that it helps you now, but the guides and posts on bthis site give in depth step by step directions .. including on SSN, EAD and AP. Sorry. 

3 minutes ago, Evelina said:

Check the box where ??

On the I485 form. But as you have not completed the AOS process yet, you would still be  without the SS number. This only requires the SSA to process a SSN application appropriately when the 485 is approved 

6 minutes ago, Evelina said:

What are those the aos is almost completed

Stand alone Employment Authorization  EAD.  and travel Authorization. AP. Optional but recommended to file at the same time as the AOS.. no fee when co filed.. they are processed much faster than AOS and allow you to work and leave the country and report if needed before the AOS is completed 

50 minutes ago, CuriousPanda said:

I apologize, still figuring this timeline process out. 
Yes though, it’s the K1 process with the I-129F petition. The approval from USCIS was in December 2023, and the email from NVC saying they forwarded it to the embassy was this month (January 2024). 

Thx 

9 minutes ago, CuriousPanda said:

Hello folks. I received my NOA1 in early December, where it told me they were sending the approved petition to the NVC. Then in early January, I got an email from the NVC saying they were forwarding my petition to the embassy in Peru. 
 

According to the email, it says to wait for instructions from the embassy. But my worry is on the NOA1 there is a “Valid From” date from December to early March. So if I’m waiting on the embassy to email me, and the date passes, then what?

 

Others were saying I can go ahead and start the medical for her (has to be at least 10 days before the interview) and fill out the DS form and pay the fees. Is this correct or am I still sitting and waiting for the embassy to message me? I can continue to be patient, it’s just that early March date on the NOA that is giving me concern. 
 

I am assuming you are going B through the K1 process. Please fill out your timeline and info so we don’t need to assume times. Thx 

1 minute ago, Lupigirl said:

Hi, I’m in the process of filling out my N-400 form online. I’ve worked 2 jobs in the past 5 years. My last day at one job was on a Friday (4 years ago) and I started work on the following Monday, at my current job. When I put those dates in, the online form gave me an error, saying I was missing info for the 2 days in between. Do I say unemployed for the weekend in between those 2 jobs? It just feels weird because I’ve never considered myself unemployed.

System needs continuity. Do what it takes to keep it happy 

8 minutes ago, defeedme said:

thanks for the info - yes she has the in hand GC so I guess that means she can work without the EAD? 

So I guess the answer is there's really not much she can do until either the American files for divorce or apply for removal 90 days before in 2026 ?  she just saw this and is going to try and sign up here..

Correct. 

1 minute ago, defeedme said:

Hi all, any help here would be appreciated. My wife's friend is going through this ugly situation..

 

She came here on H-2B ,(educated long term worker for toyota in philippines), fell in love with American , court marriage in Florida 3/8/23 just before the H-2B expired.

Approved i485 & i130 in Jan, got green card 1/3/24 expires 2026 

EAD combo card issued, good until 2028

Has valid Philippines & Florida Drivers licenses.

 

this is where it gets sketchy - they needed joint sponsor from San Francisco (filipina good friend). American is broke , ineligible to sponsor.

American bounced first i765 / i485 check, had to redo everything after case rejection. 2nd time around she used money-order and finally went thru..

They just had big fight, she moved out. He will probably file for divorce, but hasn't yet.. 

 

She is 44, has family in the U.S. - She is working for Mitsubishi now in Florida and they offered to sponsor if things don't work out.. Also her good friend in San Francisco is willing to sponsor..

 

Any feedback on what she should do is greatly appreciated.

 

Have the friend join here. Best to get info from the  person actually doing it and to be able to ask questions directly .  If she has the GC already then she is no longer adjusting status. The in hand GC means the EAD combo is now cancelled. She will need to apply for Removal of conditions in the 90 days prior to the expiry date on her GC   Encourage her to join us here 

3 minutes ago, MRJ9987 said:

I was under the impression that once I cross the border and my visa 'activates' I cease to be a resident of Canada and that I am no longer employed by my employer, and that I am no longer eligible for maternity leave and Canada child tax benefits (I am on maternity leave).  Is that true?  

From what i read i know that certain benefits are no longer available such as health. I don’t know specifics 

2 hours ago, Dhilman2 said:

My wife has entered the US on the K1 visa and we are now married and she has a temporary green card that has her married name on it.

 

Her name on the green card is different of course than what is on her Philippine passport since it has my last name.

 

The Airline in the US told us to use her original passport name on the passenger id name and thats understandable so she can enter the Philippines without incident.

 

Our question remains.. What name to place on the passenger name for the return trip to the US??

Should we place the same name that is on her Philippine passport, flying out of Manila and then hope her K1 passport visa (showing her maiden name and also my name as her sponsor) that is also on her US K1 visa and hope her green card Will allow her re-entrance? The Green Card has her married name same as her drivers license?

Book flights in the name on the passport. Carry the marriage certificate as evidence of name change .. it links the passport name with the GC name    

1 hour ago, hawaiicostco said:

Hello,

 

Could I activate my Immigrant Visa, and hence LPR status, at a land border, and then immediately return to Canada? This is so that my SSN gets processed as I need that to apply for jobs in the US, and I wish to not quit my job in Canada yet until I secure employment in the US. So basically, could I use my Immigrant Visa to re-enter the US in the future to visit my spouse while waiting for the green card to come in the mail because I know that could take several weeks? Is my situation a legit reason to not move to the US immediately and reside in Canada momentarily until i get employment in the US? I don't think my spouse and I can afford me being unemployed even for a bit.

 

Thanks!

You do not need to have the SSN in hand to be employed. You can work as soon as you find a job in the Us after entering. Go  to SSA the day you enter the US with all the documents they request and apply for your SSN. Returning  to the home country for a period after becoming an LPR is not unusual .. often needed to tie up loose ends etc..  But treating your LPR status as a visitor “ visa” Is not going to end well. CBP will eventually ask why. 

55 minutes ago, Shades8 said:

I thought it was ok to go into the US and activate the visa, but then leave before you get the physical green card if you had to? If I get mine after my interview, I planned to go to the US right away but then I have to take an international trip a couple weeks later.  I was hoping that wouldn’t be an issue.  

This is not a problem 

1 hour ago, HoneyBadger26 said:

No, you cannot do that. Once your visa is activated, you enter the US and must wait for your green card.

Incorrect.  The stamped passport is the temporary gc document until the physical card arrives. 

On 9/1/2023 at 3:16 AM, rierose said:

Hi all,

 

I've been attempting to find an unanimous answer to my question at hand, but I've been unable to find anything, so I'm hoping somebody in here may know more!

 

I can't seem to find out whether or not you can apply for SSN using your K-1 visa after you get married, but before adjustment of status.

The situation is that my fiancé and I originally was planning on getting married within the first week of my arrival in the US legally, in order to get the greencard application started asap, and then later get married ceremonially. Due to insurance and other topics, it is quite important for me to obtain a SSN before my I-485 or I-765 would be approved. I had previously understood that you could simply go to your local social security office after two weeks upon entry, show your K-1 visa with the entry stamp, I-94 form, and SS-5 form, and you'll get sent your SSN two weeks later.

But now I am seeing a lot of people writing that you should not get married before applying for the SSN, as your K-1 would no longer be valid to use for a SSN after marrying?

 

So I have two thoughts I'm wondering about. Firstly, is this even true, that the K-1 expires after marriage and makes you illegible to obtain a SSN? That seems so backwards to me, but I would not be surprised. I guess you are no longer a fiancé but a spouse, but I thought the visa didn't expire before 90 days after entry.

 

Secondly, would it be possible to go to your social security office after the two weeks, file for the SSN, and then later that week go through with the legal marriage before receiving the SSN? I'm scared it would interfere with the process of getting the SSN in case they register the change in marital status, if it is the case that its hinged upon being an unmarried K-1 entrant.

 

I realize that it is a matter of a few weeks difference, but we have family and friends flying in for our ceremonial wedding a month after my entry and we would like to be able to be legally married at this point the latest. This issue of pushing the legal marriage in order to obtain the SSN could very well make that not possible, especially if you can't marry even after filing for the SSN initially. This is in addition to the fact it would prolong the entire greencard application process as well with at least a month and make me unable to get on my fiancé's insurance plan.

 

I hope somebody knows an answer for this or has any experience with this process.

 

Thank you for reading it through! ☺️
 

Best,

R

 

The warning about getting the SSN before marrying is if the marraige certificate shows a name change for by the k1 holder. Unless you are changing your last name after marrying your fiancé, there  is not an issue for your SSN application 

Go to SSN asap.. nothing to do with you getting married. Breathe 😁 File the AOS  as soon as  have the paperwork in hand. 

The K1 “ expired “ the moment you entered the US.  Your period of authorized stay ends 90 days after entering. Getting a SSN when entering on the K1 must be done well before the 90 day ends otherwise the SSA check on your lawful stay  Status won’t get completed before the 90 days is up. Once the 90 days ends, you cannot apply for a SSN using AOS application documentation. You must wait  until you have either your employment authorization or the actual Green Card in hand. Can take months and  months .. 

On 1/18/2024 at 9:34 PM, Alytes said:

My Nepali husband's passport expires in May.  He has a 2-year conditional green card that expires in October.  We would like to travel outside the US to vacation.  We followed the steps listed on the Nepal passports website for setting up an appointment at the Nepali consulate in the US (NY or DC), for him to renew his passport, but there are no appointments available ever at either location.  No one answers email or phone calls.  Several other countries have appointments, so the website is working.  My understanding is that he doesn't need an active passport to renew his green card later this year, but please let me know if this is incorrect.  If he can't renew, then do we just never travel outside the US until he gets citizenship?  Does he/can he return to Nepal to renew the passport?  I also think I understand that he can return to US with only a green card, but most countries won't let him in without a green card and Nepal passport with 6+ months before expiry (I know there are different rules for entry in each country, also dependent on nationality).

I would be emailing the consulate to enquire about appointments