apond
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Posts posted by apond
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Wanted to update. So apparently when I reentered my case numbers in case tracker I transposed two numbers and this wasn’t even our card lol. Ours was produced yesterday!
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The USCIS app finally updated with our approval. Awesome right? We got the letter of approval a week ago. Well the tracking for the EAD says out for delivery. In San Diego… we live in Western Mass. wondering if a someone just attached the wrong tracking to our acct. Trying not to freak out and I know no one can actually truly reassure us or do anything I just needed to vent while I sit here and stress.
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My wife is at hers right now!
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I have a USCIS account from filing the i130. We are now filing for AOS. Can we add all those petitions to my account or should/will my wife have her own account where she will add with the rest of the aos filings?
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4 hours ago, Sparkle Sparkle said:
Spell her name correctly on the present documents and the area where it ask if she has used any other name legally just put in her full name and spell her first name with one N. At the end where you have space for any other information, explain the discrepancy. You can submit your I-130 like this then she should start working on correcting the spelling legally while I-130 is being approved
130 was submitted 6 months ago. We didn’t then know there was an issue .
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8 minutes ago, Lemonslice said:
Unless she wants to use the one N version, do NOT contact Passport Canada; just try to have her birth certificate corrected.
Thanks! Nope want to stick with the 2 N version if possible.
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2 minutes ago, Lemonslice said:
This is the way. Submit copies of the documents she has been using (driver's licence, passport, SIN card if she has it; health care card), and they will correct the typo. This is minor variation and should not cause problems [anything bigger would have required justification to Passport Canada], but still best to correct it.
Thank you!
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3 minutes ago, Mike E said:
That is surprising. The passport agency in Gatineau that Canadians residing in the U.S. must use (via courier) is quite strict IME and I still have emotional scars.
The regional passport offices in NS must be slack.
As a Canadian residing in the U.S. she might find that future passport renewals will be difficult unless she corrects this.
We will definitely work on fixing it once we are sure which needs to be fixed.
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2 minutes ago, throwitaway said:
I must have read your initial post wrong, as I swear you said her name is Jennifer and is spelled as such on her passport, so I’m not sure why that one vs the BC would be corrected.
On BC is Jenifer on Passport it’s Jennifer.
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9 minutes ago, Mike E said:
When she got her first passport, did she use a short form credit card sized BC and does it say Jennifer or Jenifer?
For half her life, my mum (born in SK) spelled her first name differently from her BC name and didn’t even realize it until her late 30s when I pointed it out to her from her short form BC.
Not sure about her first Canadian passport but her last passport used her BC name.
She believes her small one. Which we just located and it too has one N. Interesting to have a passport differ from BC spelling.
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26 minutes ago, throwitaway said:
You should correct the BC.
From NS Vital Stats: “Occasionally birth records need to be amended, when an error has been made or for another reason, such as adding the father’s name. If you would like to correct an error or omission that was made in the original Registration of Birth, contact the Nova Scotia Vital Statistics Office by calling (902) 424-4381 or by sending an e-mail to vstat@gov.ns.ca. In some cases, a change or correction to a person’s name does not require a legal change of name under the Change of Name Act. An agent of Vital Statistics will evaluate your request to find out whether your name can be corrected through the amendment process of the Vital Statistics Act.”
8 minutes ago, Chancy said:That's good. A record from the I-94 site with her passport number and date of entry is enough evidence that she was properly inspected and admitted.
Assuming she was given the default 6 months duration of stay, she might have enough time to request BC correction before she goes out of status. From my quick google search, it seems most Canadian provinces have procedures for requesting BC correction from abroad.
She will try but I feel this is less a BC issue than the fact they issued her a passport with her name spelled differently than her BC. Which is just odd to me as here I had to submit my BC to get my US passport. We will work on figuring this out.
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Just now, Chancy said:
Travel record from here? https://i94.cbp.dhs.gov/I94/#/recent-search
If it's a record from the I-94 site, that's fine. She needs official documentation that she went through CBP inspection for her current entry. Without that, she would not be eligible to adjust status.
Yes from the official site.
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1 minute ago, Chancy said:
Does she have a CBP entry stamp on her passport? That could be enough to meet the requirement, in lieu of an i-94.
Nope they don’t typically do that at Canadian/US landborders. At least never the two we’ve used. I have no stamps she has no stamps except the one from last year when she flew in.
Her last i94 was from her visit in August 2021. Her travel record shows her crossing the land boarder for this trip and I did print that too.
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3 minutes ago, Chancy said:
A legal name change document is required if the name on the BC is different from the name on the passport or any other government-issued ID. Which is the case with your wife's name, even if she did not change to a new married name. Check page 8 of the I-130 instructions here -- https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf
She will need an I-94. It's a requirement for the I-485.
How does one get a i94 when they were not issued it at a land border?
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6 minutes ago, Chancy said:
It seems you did not submit the required legal name change document for your wife with the I-130 petition. Might as well submit that now with the I-485 package. The name that your wife puts on her I-485 will be the name on her EAD/AP and green card, and will be her legal name in the US. So she should decide carefully which name she wants to keep. Then she should list the other(s) under the section "Other Names You Have Used Since Birth". Whether she uses the name on her passport or the one on her BC as her current legal name on the I-485, she should correct the name discrepancy on her government-issued documents anyway. How long does she have left on her I-94? Does she have time to get a corrected BC or passport before submitting the I-485?
She did not change her name with the marriage. I did. This is not that. This is her passport spells her name with two N yet her birth cert it has one N. This is something we were unaware of until her BC arrived from canada last week. She doesn’t have an i94 when I look it up as she came across a land border.
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1 hour ago, jaydnynj said:
Hello and thank you everyone for the messages, responses and advice! I really appreciate the time effort and thoughtfulness. I plan to participate more here and offer whatever input I can to help others as well. I feel like I have an idea of how things need to go from here (although please continue to message, respond, and offer any thoughts!)
as a final check on the cadence of how things should go, can someone confirm I’m on the right track with these next steps?
1) schedule the civil marriage ceremony in Toronto, CA
2) go up for civil marriage. at Canadian border, CBSA agent: “why are you coming to canada?” Me: “to get married”
3) on the way back home, US CBP: “why were you in Canada?” Me: “I married my girlfriend”
4) file I-130 CR1 petition, wait out the 1.5-2 yr CR1 process, while she is in Canada and I’m in the US
5) sequential visits in between the wait: “visiting my spouse” (either for her visiting me or me visiting her, whether it’s going into Canada or the US). Don’t bring anything that would trigger a concern about a long term stay. Have things ready to show that link her back to Canada (bank account statement, pay stub). Being up front about the I-130 pending
6) hopefully CR1 is approved after the 2yr wait, visa issued and she moves downthat’s how it went for me and my wife. I will say I always got more questions coming back into the US than entering Canada. My wife had no issues Coming here once after the 130 but the second time she was brought into secondary for 45 mins ( quiet land crossing in NB) and the agent made told her every entry now would be harder. They did allow her in though.
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Not sure if this is the right forum but here goes.
filed my wife’s i130 in August while living apart.
Her name is Jennifer on it is spelled as such On her passport and drivers lic ( Canada). We just got her long form BC from Nova Scotia for use in filing her Adjustment of Status ( hard left turn from original plan but here we are)… anyways, so on her birth certificate her first name is spelled Jenifer. One N. Given she hasn’t seen this since she was a teenager( so nearly 30 years ago) we had no idea there was a discrepancy between her BC and her passport and ID.
so now we are filing out the papers for her aos and of course this discrepancy is the worry in our minds. When filing the new papers we are thinking we will of course spell it as written on her BC and hope the i130 difference isn’t a big deal… should we include a note on why there’s a discrepancy?
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12 hours ago, jaydnynj said:
Thank you, it sounds like the best route at the point we’re at is to civilly marry in Canada then do the CR1 to avoid any potential problems since we did a religious ceremony.
To make sure I understand correctly, if I was to go to Canada with the intent of getting civilly married, then when I return to the US (and for any visit trips there and back after), what should be my responses at the border when asked why I’m going to Canada or what I did in Canada (I usually drive up and back, and say visiting my girlfriend)?
Response is “visiting my spouse or getting married ”. I married my wife in Canada and my response when I crossed was I’m getting married. No issues. My wife is Canadian and I crossed 7 times. Each time that was my response. I never had an issue. She did however have issues last time she came here because of the i130 being in process.
- Chancy and Lemonslice
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9 minutes ago, iwannaplay54 said:
Not a state.gov form it’s a USCIS form and it comes with very specific instructions.
Conflicts with I864 instructions Item #4. Previous post is aligned with the instructions.“Type or print the number of unmarried children you have under 21 years of age even if you do not have legal custody of those children. You may exclude unmarried children under 21 IF they have reached age of majority in their place of domicile AND they are not claimed on your tax return.”
You list them if they are on you tax return regardless of age. You list them if they are under age of majority regardless of custody or tax status.
So 3 are age or majority and I do not claim
them. 1 is under and I do. thus by this my household is 3?
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Getting reading to file our paperwork for adjustment. For the Affidavit of support I’m trying to determine for sure which of my kids count as dependents.first off NONE of them live with me. Oldest is 28, lives in his own, I know he doesn’t. Second will be 21 in one month, lives with his father has a full time job and provides for more than 50% of his own expenses. Third is 19 also lives with her father, works full time and provides for more than 50% of her own expenses. Youngest is 17, lives with his father but I claim him on taxes per our divorce agreement.
I’ve been told and read conflicting info. Some stating only the 17 year old needs to be claimed for the AOS others saying all 3 youngest.
my W2 is 47k for 2022 but the previous years I was under(2021) or filing with my ex ( roughly 78k combined for 2020 and 2019).
just hoping to get some clarification.
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Following this as I’m in MA and we are starting AOS soon.
Poll: how long have you been at "longer than expected"
in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports
Posted
No option for what ours has done. Gone down to taking longer three separate times after resetting to 3
months..