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ShawnK

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  1. He absolutely won't be billed a dime for simply activating an immigrant visa. I see a lot of silly posts on this topic. I would advise to consult a tax expert before declaring yourself a non resident. But no, a simple activation will not result in that.
  2. Hi In terms of adjusting while visiting ..you can't go in with that intention, if they feel you came in with that plan they will refuse the i485. Now people do, but it's only supposed to be if "circumstances changed". I'd talk to a lawyer about that. With TN, it's not a dual intent visa, it is strictly temporary. When you apply for TN you can't have immigrant intent. You will need to show you will go back to Canada. It is up to the officer, but I think a TN would be hard to get with an immigrant visa in process. When you apply for a TN they send you to the back where they can see your consular visa applications. If they see you have a immigrant visa in process, they can conclude you won't come back. Again, it's up to the officer. Now if you did get a TN, you can adjust, but I'd talk to a lawyer to be extra safe. In terms of L1, it's flexible, it is dual intent. It's ok to want to immigrate, it's ok to adjust when coming in on an L1. You can even use your approved I130 to adjust from an L1, you don't need an approved I140.
  3. Lol so I already have my precious (I've became like Smeagol with it) shiny new Greencard in hand (adjusted in the US) I've been in AP since April 2023 with zero movement. Montreal just emailed me saying they are ready to finish processing my case and want a new passport, medical etc.. I've been living and working in the US (via L1) since the early Spring and my greencard was approved pretty quickly, in about 4 months. So...just sharing for how bizarre it all is. Lawyer advised you can email them but you don't need to do anything, if you don't respond it just expires.
  4. Just to update, i got my GC. I was stuck in the ds5535 mess since April 2023, however, I was able to move to the US with an L1 this spring. At the border they didn't care or ask me about the ds5535. I filed for AOS in the US and received my GC in about 4 months (spousal). Ceac still shows refused. The whole thing is very odd. I would have thought USCIS would have informed them because they ask and can obviously see your consular case. In the AOS application I wrote an explanation about what happened and the whole admin processing thing. Do I need to email Montreal and tell them to close the case?
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