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SaysWho

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  1. I was talking to mum about my visa requirements last night. Her latest great reveal (she's had many of them since I decided I was moving to the US, and they just keep getting better and better. The one before this was that she apparently "doesn't believe in weddings" so she won't in any way support mine with time or money, though she'll come eat the food I pay for)?

    :wow: oh man.. so sorry.. hopefully she'll come around.. feel for you gal. (F)

    It's my mum. The real irony of her #######? My whole life, she's accused me of "intentionally flaunting conventions to be different" because apparently I want to be the most special snowflake. And now she's telling me "NO WEDDING FOR J00 BECAUSE IT IS AN ANTIQUATED TRADITION THAT COSTS MONEY AND IS STUPID AND EVERYONE DOES THEM SO WHY SHOULD YOU?"

    I'm not sure whether to laugh, or call the men in the white coats.

    Omg are we long lost sisters!?

    My mother said the same thing, didn't even like the man I was marrying, but she did come around and she came to my wedding, and she didn't think she would have fun down here but she did. :)

    Hopefully yours will come around too hun. (F)

    Hey, I can relate too...my mom didn't come to my wedding, and her only comment that resembled something positive at all about my marriage to a USC was "well, I guess it's ok, as long as it all works out". and I'm 52 years old!! lol After all these years I know my mom loves me very much..it's just her way of trying to deal with something she finds difficult. btw she didn't have anything good to say about my previous marriage either...but boy oh boy she was over the top excited about those grandkids we gave her, and she came to terms with that marriage - and there's already a "thaw" underway with this marriage too. :-) (My USC hubby is sweet and lovable, how can she not!!!!) I'm sure your mom will come around, too.

    As to vaccinations, I had a real problem getting records (back when I had most of my immunizations, I don't think they kept records lol), and when I went to get them redone early last year, they accidently gave me a wrong shot, which REALLY messed things up. Long story short....it all worked out with USCIS in the end, and I'm now listed as the world's most over-immunized woman...

    wishing you all the best on your Visa Journey,

    Annie

  2. Hi all,

    I know there are a few States that do not require a road test to get a DL from a Canadian license, but I cannot find which ones. We currently live in WA, but my husband will be considering new employment contracts from several states in the New Year and all things being equal, I would prefer a State where I wouldn't have to take a road test to get a DL.

    Please let me know if you are in a State where you were able to get a DL without a road test....Thanks a bunch!

    Annie

  3. They wont give her a DL on the spot no matter what, you have to wait 7-10 days for it to be mailed out from Madison.

    We had to take the written test and the driving test before Ohio would give us a DL. They said those with a Japanese DL don't need to take either and with a GC they just will issue the Ohio DL on the spot! Strange they'll do that for a country that drives on the opposite side of the road and whose primary language is about as different from English as it gets! The reasoning the local BMV gave us was because, "Canada and the US aren't really getting along too well right now. Canada didn't sign the patriot act..."

    Yes, it's the same here in WA...I will need to take a written and road test to get a DL, but here, if you have a German DL, you can get a Washington State license on the spot. It makes absolutely NO sense!

    The law in WA is also so inconsistent that I am not currently legal to drive. Here, you are only legal to drive for 30 days on a foreign license and then are required to have a WA DL....but the law will not allow me to take the test, etc, until I have a SSN, which I cannot get until I have EAD (which takes at least 3 months and then a further number of weeks to get the SSN). Man, oh man...just add it to the loooong list of frustrations and inconsistencies in this process.

    ...just taking it one day at a time :-)

    Annie

    Hi Annie,

    I did not require the SSN to get my WA drivers license. I had to sign a form saying I did not have one. I went to the Bellingham office and they did make me take the written test and the practical test - for which I had to make an appt. While I was waiting to find this out, I read the driving manual, not knowing I would have to take the test - that helped when they told me I could take it right then.

    WA did not sign on to the REAL ID act last I understood. They had some issues with the security of people's information I believe. So it is a bit easier to get a license here.

    You should be able to get a license without the SSN, as long as you have all the other required identity and residence proofs (can't recall what I took with me!).

    Got my WA license in April, GC a couple of weeks ago, and only applied SSN yesterday.

    Good luck!

    B)

    Congrats on the GC!

    I tried here in the Tacoma area and and had all the other docs, but was told I had to have a SSN..maybe I should go up to Bellingham and see what they say! But, I am still debating on whether I'll even try and get a WA DL....I won't have any trouble with a written test, but I am very skeptical that I would ever be able to pass a road test. The traffic in this area is very bad, the drivers are EXTREMELY aggressive (I have always driven in very rural areas) and although I'm a good driver (I can navigate a couple feet of snow!), I have 36 years of bad driving habits that will be hard to overcome!

    I am hopeful my EAD will be approved in a month or so, and then the SSN application should only take a few weeks after that.

    ...as always..taking it one day at a time :-)

  4. They wont give her a DL on the spot no matter what, you have to wait 7-10 days for it to be mailed out from Madison.

    We had to take the written test and the driving test before Ohio would give us a DL. They said those with a Japanese DL don't need to take either and with a GC they just will issue the Ohio DL on the spot! Strange they'll do that for a country that drives on the opposite side of the road and whose primary language is about as different from English as it gets! The reasoning the local BMV gave us was because, "Canada and the US aren't really getting along too well right now. Canada didn't sign the patriot act..."

    Yes, it's the same here in WA...I will need to take a written and road test to get a DL, but here, if you have a German DL, you can get a Washington State license on the spot. It makes absolutely NO sense!

    The law in WA is also so inconsistent that I am not currently legal to drive. Here, you are only legal to drive for 30 days on a foreign license and then are required to have a WA DL....but the law will not allow me to take the test, etc, until I have a SSN, which I cannot get until I have EAD (which takes at least 3 months and then a further number of weeks to get the SSN). Man, oh man...just add it to the loooong list of frustrations and inconsistencies in this process.

    ...just taking it one day at a time :-)

    Annie

  5. nope, most likely will not apply for citizenship. I just can't picture myself choking out the oath :P

    I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen;

    that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic;

    that I will bear true faith and allegiance to the same;

    that I will bear arms on behalf of the United States when required by the law;

    that I will perform noncombatant service in the Armed Forces of the United States when required by the law;

    that I will perform work of national importance under civilian direction when required by the law; and

    that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.

    I won't become a US citizen, as I could never "absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen"....I love the U.S., would love to be able to vote here and my husband would love for me to become a citizen, but I will always, always have allegiance and fidelity to Canada. I couldn't make the above required statement in good conscience.

    It is sad that Canadians have to renounce Canada to have dual citizenship, but Canada doesn't require American citizens to renounce the U.S. to be dual citizens.

    PR will have to be sufficient for me.

    Annie

  6. Hi and welcome to VJ!

    I was living on Vancouver Island when I married my US spouse living in Tacoma WA. We went the K-3 route for two reasons...the cost of flights to Montreal (our interview was going to occur in the summer and flights to Montreal were very expensive) and the fact that K3 is a multiple entry visa and with the CR1 you cannot come and go back and forth between Canada and the US while you are Adjusting Status after you get here (you can apply for "advanced parole" but that takes time to process). I have an aging mother, kids and grandkids back in Canada and would not risk putting my status in jeopardy if my family needed me during the AOS after I arrived in the US. Also, I was ok with not working for a couple of months after I got here on the K3. For us it was pretty clear that the K3 was the way to go.

    Spend some time with the guides and forums here and figure out which way is the best for your particular situation. Everyone's circumstances are a bit different.

    God bless and we hope your journey to be with your spouse is smooth and fast! All the best...

    Annie & Tim

  7. We live near Seattle, and everyone here knows Canada fairly well and usually tell me of several Canadians they know/work with/etc. But with few exceptions, everyone makes a comment with the word "eh" or "aboot" and/or "hoser" or "Moosehead beer".....the MacKenzie brothers were SOOO long ago now, I wonder if these Americans will ever GET OVER IT!! :lol:

    But my husband and I have both noticed one funny thing....people I meet are always friendly and chatting until they hear that I'm from Canada and make their little "Canadian joke" - then they get quite reserved, like they aren't quite sure I speak or understand the language, or know quite what to say to me. ....it's very odd. The other thing is most people comment how I must like it a whole lot better here :huh: I tell them I love the States, but Canada is a wonderful place to live, too. I can't quite figure that one out.

    I'm just such a happy camper to finally be here with my husband!!!!!!

  8. Hello and happy Tuesday!! lol

    I have just filed for AOS and EAD earlier in September and have read several threads on this forum where people talk about files being "transferred" during the process. I get the sense that this doesn't happen to all AOS files, and that people usually seem happy when this happens. Can someone tell me what this means? Where do some files get transferred to? Why only some? Is this really a good thing?

    Thanks for any light you can shed on this for me!

    Annie

  9. I'll certainly keep you posted if we try this route. There are some complicating factors with getting my daughter's status figured out (she's turning 21 in less than a year), so we will need to consider all our options.

    ...hope your Visa Journey is a short one! God Bless!

    Annie

    CR1 after K3

    This topic seems to say it's being done.

    It will be interesting to hear if anyone has actually done this.

    Annie

    sorry...I don't think my link is working...let me try again...[""]Is AOS really this complicated??

    if this doesn't work, you can look at the topic on the K3 Forum titled "Is AOS really this complicated??...."

    Oh gosh!! the new link goes to a totally wrong place!! LOL I'm usually not so technically challenged! Just go to the K3 forum and look at the topic called "Is AOS really this complicated?...etc.". I does say that a K3 can still go for CR1.

    Annie,

    If you don't mind, will you update us as you do this? My husband is in Canada also... we will be going through the MOntreal Consulate, but I would like to know more of what to expect. I still haven't gotten my NOA2, but it will be here in the next few weeks or months. I want to make sure we do this right. Thanks.

  10. A K3 holder can still pursue the CR1? Everyone on the CR1 Forum seems to say that isn't an option. Has anyone actually done this?

    Blessings!

    Annie

    You do have the option of still pursuing the CR-1 visa to get permanent residency. Since your I130 is already at NVC, if you pay the IV fee bill, Affadavit of Support fee bill, send appropriate docs when requested, etc. Your wife would have to go back to Brazil for the interview. If sucessful, she would get a CR-1 (if married less than 2 years) and a Green Card shortly after arriving on the CR1 visa. This might save you some $$, but then your wife would have to fly back for to Brazil for the interview, so may end up costing more. If she is planning on going anyway to visit, might just work.

    My lovely wife and I have been together for a month now. This whole month I haven't wanted ANYTHING to do with immigration - so tired of dealing with the whole process. But tonight I figured I better start preparing for AOS, and I went to the GUIDES section and read up on the process...

    IT LOOKS JUST LIKE K3!!

    Have I missed something here? Am I reading correctly? Do I really need to pay $1010 just to file???? Our I-130 was approved at the same time as the I-129 and is currently sitting at NVC. What would be the cost/process if I proceeded with the I-130 now instead of the I-129?

    Hope someone has better news for me than I have to fill out all the same forms and get all the same translations, etc, AGAIN!!! AND PAY $1010!!

  11. CR1 after K3

    This topic seems to say it's being done.

    It will be interesting to hear if anyone has actually done this.

    Annie

    sorry...I don't think my link is working...let me try again...[""]Is AOS really this complicated??

    if this doesn't work, you can look at the topic on the K3 Forum titled "Is AOS really this complicated??...."

    Oh gosh!! the new link goes to a totally wrong place!! LOL I'm usually not so technically challenged! Just go to the K3 forum and look at the topic called "Is AOS really this complicated?...etc.". I does say that a K3 can still go for CR1.

  12. Do we know why a K2 could adjust status, but not a K4?

    Thanks again for any help with me understanding this.

    Hi Annie,

    Congratulations on your K-3! Please don't give up hope. Do a thorough investigation and talk to a competent family immigration lawyer if necessary. Below is some of the text I found on the Dept of State and the USCIS's websites.

    From what it says there, a step parent can file a petition before a child turns 21. If the embassy does not clearly answer the question at your daughter's interview I'd call the Dept of State's Visa Services Inquiry Line at or email them at usvisa@state.gov You can talk to a person after waiting on hold. I have found them much more helpful than the USCIS line. I hope your husband is able to file her I-130/AOS immediately after she enters on her visa and flag it to be expedited due to the age out issues. If this is indeed true, you might want to delay adjusting your status so she doesn't lose her K-4 status. I sure hope I'm interpreting this right for your sakes.

    I wish you success. Again, congratulations!

    Thai Mom

    http://travel.state.gov/visa/immigrants/ty...993.html#adjust

    http://www.uscis.gov/propub/ProPubVAP.jsp?...5a9f46924858b06

    K-4 aliens must be under 21 years of age and unmarried, in order to continue to meet the definition of “child” under section 101(B)(1) of the Act.

    However, nothing in the law prevents the U.S. citizen stepparent from filing Form I-130 for the child, and such action would be prudent and beneficial to the child. The child will not be able to adjust status to that of a lawful permanent resident (LPR) or even file an application for that status until the U.S. citizen stepparent files Form I-130 on the child’s behalf. If the U.S. citizen never files the Form I-130 on behalf of the child, the biological parent may do so after immigrating, but the child may have to wait for a visa number to become available. In addition, since the parent would no longer be in K-3 status but would be an LPR, the child would no longer be in lawful K-4 status, since it is merely a derivative classification.

    An alien admitted to the United States as a K-4 under section 101(a)(15)(K)(iii) of the Act may apply for adjustment of status to that of permanent residence pursuant to section 245 of the Act at any time following the approval of the Form I-130 petition filed on the alien’s behalf, by the same citizen who petitioned for the alien’s parent’s K-3 status. Upon approval of the application, the director shall record his or her lawful admission for permanent residence in accordance with that section and subject to the conditions prescribed in section 216 of the Act. An alien admitted to the U.S. as a K-3/K-4 alien may not adjust to that of permanent resident status in any way other than as a spouse or child of the U.S. citizen who originally filed the petition for that alien’s K-3/K-4 status.

    _____________

    From the DOS website:

    How does a K-4 child adjust status in the United States?

    The K-4 child will not be able to file for adjustment of status in the United States until the U.S. citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number. Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

    Thank you very much....for your congradulations and for your very helpful information :) (K3 was in hand exactly 8 months from the day we mailed our petition!) I was unaware that she would loose her K4 status if I adjust my status, so I was really on the wrong track with that one. My learning curve is going straight up with all this!!

    Yes, we are going to consult with a lawyer on this. It is all very complicated.

    Blessings!

    Annie

  13. Hi all,

    I have just received my K3 and my unmarried daughter (20 years old) has an appointment at the US Consulate for her K4. We were told at my appointment that her K4 will be issued and valid until June of next year when she turns 21.

    Of course she was listed on the I-130 and I-129F, but my husband did not file an I-130 for her as she was over 18 when we married, so he cannot petition for her. I have searched extensively on this site (and others), but we're still not clear....I know she will require an I-130, but we are totally confused as to who files the petition (we don't think he can ever file one because of not being married prior to her turning 18 and I can't petiton for her until my AOS is complete) and to when it's filed (we don't think we can do it now, because neither of us can at this point in time), and we have read somewhere that after she's here the I-130 is filed at the same time as her AOS. (But here of course we run into the age thing...I believe she must file AOS before turning 21 and I might not be LPR to file the I-130 for her by then.)

    The other aspect of this is the "Following to Join" - it says that it cannot be used by someone who entered as an immediate family member, but can be used by someone on a "fiance visa". So as a K3 holder, did I enter as an immediate relative of my husband, or on the I-129F???

    This is all so confusing.... I am sure there are others out there that have experienced this senario. Many thanks in advance for any assistance.

    Annie

    Her K4 visa will allow her to stay until she's 21 but she won't be able to adjust status before then She's your immediate relative, not your husband's. The only way she can stay is if she gets a student visa or marries a US Citizen. Otherwise she'll be out of status on her birthday.

    Thank you for your quick response.

    So the only hope would be a miracle...that my AOS happened before next June? (Then I could petition for her concurrently with her AOS.)

    Annie

    You can petition but you're petitioning for a visa, not AOS. You don't have standing as an LPR to petition for immediate AOS for your daughter. Only a USC can do that and only if she qualifies as a step-child. She doesn't because the marriage took place after your daughter turned 18.

    The miracle you're looking for is the student visa or marriage to a USC, not your own AOS being completed. If you had come on a K1 instead of a K3, she would be able to adjust status and USCIS and DOS would expedite to avoid the age out. This is a major drawback to a K4.

    So, I had understood that if I was a LPR, and therefore in a position to file an I-130 for her before here K4 expired, her I-130 petition could be sent concurrently with her AOS. Is that incorrect?

    Do we know why a K2 could adjust status, but not a K4?

    Thanks again for any help with me understanding this.

  14. Thank for your responses.

    Yes, I have just received my K3, but I understand from others on VJ that we still have the option of pursuing a CR1 instead of Adjusting Status (as we received the approvals [i-130 & I-129F] at the same time, and NVC sent us docs for both). We are just trying to figure out which will cost less..

    K3 AOS = $1060 vs.

    CR1 = $400 + $70 + cost of flight to Montreal?

    and CR1 will likely be the faster route to PR.

    Thanks again!

  15. Hi all,

    I have just received my K3 and my unmarried daughter (20 years old) has an appointment at the US Consulate for her K4. We were told at my appointment that her K4 will be issued and valid until June of next year when she turns 21.

    Of course she was listed on the I-130 and I-129F, but my husband did not file an I-130 for her as she was over 18 when we married, so he cannot petition for her. I have searched extensively on this site (and others), but we're still not clear....I know she will require an I-130, but we are totally confused as to who files the petition (we don't think he can ever file one because of not being married prior to her turning 18 and I can't petiton for her until my AOS is complete) and to when it's filed (we don't think we can do it now, because neither of us can at this point in time), and we have read somewhere that after she's here the I-130 is filed at the same time as her AOS. (But here of course we run into the age thing...I believe she must file AOS before turning 21 and I might not be LPR to file the I-130 for her by then.)

    The other aspect of this is the "Following to Join" - it says that it cannot be used by someone who entered as an immediate family member, but can be used by someone on a "fiance visa". So as a K3 holder, did I enter as an immediate relative of my husband, or on the I-129F???

    This is all so confusing.... I am sure there are others out there that have experienced this senario. Many thanks in advance for any assistance.

    Annie

    Her K4 visa will allow her to stay until she's 21 but she won't be able to adjust status before then She's your immediate relative, not your husband's. The only way she can stay is if she gets a student visa or marries a US Citizen. Otherwise she'll be out of status on her birthday.

    Thank you for your quick response.

    So the only hope would be a miracle...that my AOS happened before next June? (Then I could petition for her concurrently with her AOS.)

    Annie

  16. Hi all,

    I have just received my K3 and my unmarried daughter (20 years old) has an appointment at the US Consulate for her K4. We were told at my appointment that her K4 will be issued and valid until June of next year when she turns 21.

    Of course she was listed on the I-130 and I-129F, but my husband did not file an I-130 for her as she was over 18 when we married, so he cannot petition for her. I have searched extensively on this site (and others), but we're still not clear....I know she will require an I-130, but we are totally confused as to who files the petition (we don't think he can ever file one because of not being married prior to her turning 18 and I can't petiton for her until my AOS is complete) and to when it's filed (we don't think we can do it now, because neither of us can at this point in time), and we have read somewhere that after she's here the I-130 is filed at the same time as her AOS. (But here of course we run into the age thing...I believe she must file AOS before turning 21 and I might not be LPR to file the I-130 for her by then.)

    The other aspect of this is the "Following to Join" - it says that it cannot be used by someone who entered as an immediate family member, but can be used by someone on a "fiance visa". So as a K3 holder, did I enter as an immediate relative of my husband, or on the I-129F???

    This is all so confusing.... I am sure there are others out there that have experienced this senario. Many thanks in advance for any assistance.

    Annie

  17. Hi all,

    I have a similar question about my own situation. I have just received my K3 and my unmarried daughter (20 years old) has an appointment at the US Consulate for her K4. We were told at my appointment that her K4 will be issued and valid until June of next year when she turns 21.

    Of course she was listed on the I-130 and I-129F, but my husband did not file an I-130 for her as she was over 18 when we married, so he cannot petition for her. I know she will require an I-130, but we are totally confused as to who files the petition (we don't think he can because of not being married prior to her turning 18 and I can't until my AOS is complete) and to when it's filed (we don't think we can do it now, because of the previous "who" bit), and we have read somewhere that after she's here the I-130 is filed with her AOS. (But here of course we run into the age thing...I believe she must file AOS before turning 21 and I might not be LPR to file the I-130 for her by then.

    The other aspect of this is the "Following to Join" - it says that it cannot be used by someone who entered as an immediate family member, but can be used by someone on a "fiance visa". So as a K3 holder, did I enter as an immediate relative of my husband, or on the I-129F???

    This is all so confusing.... I am sure there are others out ther who have had a similar situation. (I will also post these questions in the K3/4 forum)

    Many thanks for any assistance.

    Annie

  18. Hi all,

    I know that K3 is a multiple entry visa, but can you leave the US to visit back in Canada after activating your K3, but before filing for AOS? I have just read this on the Q&A section of the US State Dept. Vancouver consulate website, and found this -

    Can I travel and re-enter the U.S. on my K-3 or K-4 visa?

    Aliens present in the United States in a K-3 or K-4 nonimmigrant visa status can travel outside of the United States and return using their K-3/K-4 visa. If they have filed for adjustment of status in the U.S. prior to departure from the U.S. , USCIS will not presume that the departure constitutes abandonment of an adjustment application.

    So, my K3 appointment is in Vancouver on Thurs. and my husband and I plan on heading straight to the Peace Arch border crossing, activate my K3 visa and head to our new home together (hurray!! I can hardly wait!!), but I can only stay a week and then I need to return back to Canada for a few days for a family function. Will I be able to do that, if I haven't filed for AOS? Has anyone had experience travelling back and forth before filing for AOS?

    Thanks!

    Annie

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