bigbuns1291

On 11/8/2019 at 5:48 PM, Boiler said:

US does not recognize sealed etc, asks for information on all your crimes.

Thank you!

On 11/9/2019 at 5:56 AM, snowdog said:

My husband also had a theft charge from when he was 14 (in Lithuania). We had to get the court record for it and disclose it on the DS-260. Better to be forthcoming, whether it shows on the police cert or not!

Thanks!

Hello Everyone, 

I just received my Canadian Criminal Record Check (the new one required for Canada which checks RCMP's repository holdings), and it came back clean.

However, about 12 years ago, when I was 16, I was foolish and shoplifted. Since then I haven't had any trouble with the law. I'm wondering if this needs to be disclosed at the NVC stage? If so, will I be given a chance to explain it? 

The reason I'm asking is because in Canada, any misdemeanor under the age of 18 is sealed/expunged and/or destroyed, and the records of the conviction normally cannot be accessed by anyone other than the accused, their representatives, or the courts/government officials. 

Thanks for your help!

9 minutes ago, ADW & JOP said:

I don't know if you completed the MCCQE part I and II, but the MCCQEs are considered equivalent to USMLEs in most states for licensure. I am thankful I don't have to go through the 3 steps myself. 

Thank you for the tip! I will speak to my advisors

15 hours ago, ADW & JOP said:

Where are you doing residency after graduating medical school, the US or Canada?

 

I ask because if you are planning to do your residency in Canada, you would run into trouble as you won't be able to permanently reside in the US whilst completing a 2+ year program in Canada.

Hi, I am planning on applying for residency in the US once the CR1 gets approved. Until then I will complete my schooling, study for the first board exam and focus on research within Canada.

16 hours ago, LilyJ said:

I-485 is only for adjusting status if you are in the United States already on another, non-immigrant visa so no it’s not necessary. Personally I wouldn’t recommend it as something to consider preemptively because it can be considered fraud if you enter the US on a tourist or similar visa/ESTA if you enter with intent to adjust status and grounds for denying of visa or ban from US if you are found of visa fraud. This is why the CBP could be hard on you if you visit and why it’s good to show ties proving you will go back to your country after your visit such as a work note from your boss of when you will be back to work in Canada or etc when you are entering as a tourist with a pending visa petition so the CBP can see you aren’t intending to adjust status as a tourist (and why they can turn you away from the border if they think you will adjust status). In my opinion it’s much safer to not do adjusting status and safer to just stick to visiting each other and wait out the CR1

Thank you for the detailed explanation!

If you don't mind I have a few questions about the process I'm hoping you can answer:

1.From my understanding, my wife has to complete the form i130, and i have to complete the form i130a

2.The forms i-485, i-765 and i-131 will not be necessary because I will not be living in the states to adjust my status nor will I be applying for work there before the CR1 has processed (I will only be visiting her over the Christmas break)

3.We will concurrently file form G-1145 so we can have electronic confirmation of the status of our package

4.Would you recommend we also file form G-1450 (alongside step "3") to authorize credit card transactions? Or is it better to just send a cheque?

5. If my wife moves after the NVC phase/Before the interview, how can she go about updating the relevant authority? Is it using form i-865?

6. In regards to form i-864 (affidavit of support):

I am unclear about whether both my wife and I will have to file this once we reach the NVC stage, or is it just my wife who will have to complete this form? The reason I am asking is because the USCIS website says: " Who completes this form? The sponsor of an intending immigrant fills out and signs this form in black ink..{...}.The principal immigrant must submit one original Form I-864 for his or her file along with supporting financial evidence of the sponsor’s income."

7.Will we be able to use the i-864EZ form if my wife is only using her income and the money in her savings account from her income? Or is the money in her savings account considered an asset?

8. My last question is in regards to the forms OF-169 and Of-230 Part 1 and 2 forms that we need to bring to the interview. I saw on some VJ forums that these do not exist anymore. I'm just wondering what the new forms are called and where I could find them.

Thank you very much!

On 4/2/2019 at 7:24 AM, LilyJ said:

1) No, it is not illegal. It would be illegal if you came and got married without a K1 with the intent to stay. It is not illegal to come and get married and then go back to your country. Many people do this, don’t worry.

2) Yes, you are allowed to visit, however expect questioning from border patrol and maybe bring a letter from an employer or other type of evidence to show you have intent of going back to Canada, just in case.

3) A lease and a joint bank account work for bona fides. A good idea is to also show proof of lots of time spent together. Plane tickets, passport stamps, pictures, wedding pictures, etc. You can also include some wedding receipts if you like. They understand that most people have not lived together and don’t have some of the things other couples may have especially if they have been married a short amount of time, so proof of time together is 100% acceptable, and the lease and joint account will help as well. You are also coming from a low fraud country, so don’t sweat it too much. Give what you have and what you’re able to get and you will be okay.

Hi,

I'm wondering if you could answer another question for me.

I see many members mentioning concurrently filing i130 and i485. I'm just wondering if that is a necessary or advised step for everyone applying with i130?

I am a Canadian citizen who married my wife in USA and left back to Canada to complete schooling. Thank you!

You all have been extremely helpful! Thank you all for chiming in

4 hours ago, pushbrk said:

A temporary resident card for a person who doesn't actually reside there, would not get you an interview in Poland.

Thank you for letting me know!

4 hours ago, pushbrk said:

As for 2, above, your answer is incorrect.  The OP said "traveling", not "moving to".  You can interview in your country of citizenship or country of residence, not random countries in which you are "traveling".

Hello, I have a question about the term "residence". I do have a resident card for Poland, which I applied for when I did some schooling and research here, and it expires in April 2021. I do still visit and stay in Poland during my breaks. Does having this temporary resident card qualify me to use the US embassy in Warsaw, Poland? If so, would you recommend having the interview in Warsaw, Poland instead of Montreal, Canada - in terms of the time required to reach the interview stage? Thank you!

4 hours ago, LilyJohansen said:

Yes my bad, you are right. OP, you will just have to come back to Canada if your interview falls on a date that you are visiting another country.

Thank you so much for the information!

54 minutes ago, Boiler said:

Usually a week or so, can be longer

 

If you move to another Country you can interview there, you do not have to go through the country you are a Citizen of.

That is great to know, thank you!

On 4/2/2019 at 1:24 PM, LilyJohansen said:

1) No, it is not illegal. It would be illegal if you came and got married without a K1 with the intent to stay. It is not illegal to come and get married and then go back to your country. Many people do this, don’t worry.

2) Yes, you are allowed to visit, however expect questioning from border patrol and maybe bring a letter from an employer or other type of evidence to show you have intent of going back to Canada, just in case.

3) A lease and a joint bank account work for bona fides. A good idea is to also show proof of lots of time spent together. Plane tickets, passport stamps, pictures, wedding pictures, etc. You can also include some wedding receipts if you like. They understand that most people have not lived together and don’t have some of the things other couples may have especially if they have been married a short amount of time, so proof of time together is 100% acceptable, and the lease and joint account will help as well. You are also coming from a low fraud country, so don’t sweat it too much. Give what you have and what you’re able to get and you will be okay.

Thank you very much for replying!

I have a few more question if you don't mind:

1. Once I get to the NVC/Consulate General in Montreal phase, I am wondering if I need to give them my passport? If so, how long does it take to get my passport back?

2. If I happen to be traveling outside of Canada at the time of the NVC/Consulate General in Montreal phase, am I able to use the Consulate services in other countries or do i have to fly back to Canada and complete the process in Montreal, since I am a Canadian Citizen?

Thank you very much again for your help, you are making this process a little less terrifying than it was earlier this week

9 hours ago, LilyJohansen said:

Keep in mind, your wife living in the US will be the one filing a petition for the visa on your behalf with the I-130 and I-130a technically, you won't be "applying" for anything yet. Once you get to the NVC phase after her petition for you is approved, then you will apply for the visa online with the DS-260.

Thank you all very much for your responses! I'm sorry if I sound ignorant. This process is just a lot more complicated than I expected being a Canadian.

So from what my fiance and and I discussed, it would be best for us to get married first and then apply using the CR1.

I do have a few questions I'm hoping you can answer as the info I've found is sometimes contradictory.

1. If I marry her in the states without the K1, and then apply for the CR1 is it considered illegal? I plan on marrying her and coming back by car to Canada within the 6 months grace period that we are allowed as Canadian Citizens. So either while I am there, or once I return, she would file the CR1 paperwork.

2. Am i allowed to reenter and exit USA once she submits the CR1 application?

3. What would show that our relationship in considered bona fide exactly? We live in separate countries so we don't have a joint bank account or home ownership. She did mention that she can put me on the apartment lease since I see every holiday, and we could open up a joint bank account. I'm not sure if these would be helpful or what else we could do.

Thank you once again

2 minutes ago, Boiler said:

You can start it whenever you want, will take a long time to get an immigrant visa. How long do you need to be in Canada.

Maybe 2 months, just depends on the schedule my school provides.

Thank you everyone very much for all of your suggestions! I apologize on for posting on multiple threads.

I do have a follow up question: My school also allows me to complete some rotations in the states (i.e. I could get a student visa to study in the states for the few weeks/month after marriage as well).

With that said, would you recommend I only begin the application process once I return to Canada, or would it be acceptable to apply for it while I have the student visa in America? With the later option, I'm also wondering if I'd be able to return to Canada in order to complete the remaining rotations.

Thank you once again!