appleblossom

My daughter is at college overseas, and it's a valid reason for being out of the country, but you'll need to make sure all of her ties are in the US. Entering every 6 months isn't automatically enough, she could lose her residency after a much shorter time outside the country if she's deemed to have abandoned it. So my daughter has her only job in the US, she only files US taxes, her only home is in the US, her immediate family is in the US, she has a driving licence, her name is on the lease of our house, etc. She's never had an issue, but she has all of that proving that her only home is in the US, and comes for every single school break and long weekends occasionally too. If your stepdaughter gets other breaks, get her to come home for those too, just be prepared to spend a lot on flights to keep her LPR status! Mine spends 3 months here every summer, one month at Xmas, one month at Easter, and then has two 'reading weeks' as well, in February and late October/early November. So at least 5.5 months of the year is spent in the US, but we usually aim for 6 months so that it's 50/50, with long weekends as well. Frankly, we're only staying here because both of our children want to maintain their GC's and get US citizenship. My husband and I would be outta here by now if that wasn't the case! We are making sure that their only ties are to the US and hopefully don't lose their LPR status from studying abroad. As I said our daughter is keen to maintain her LPR status and apply for citizenship before she finishes college, so it's not been an issue for us, but we have various friends whose kids start college overseas and then suddenly want to stay there for the summer to travel or work with their peers, and that wouldn't be possible for somebody on a green card. They just don't have that flexibility. So be open and honest with her and say that if you go ahead with this, you need her to commit to coming home at every available opportunity to maintain her LPR status, or it could be money down the drain. If she's not prepared to do that, then I'd hold off on applying for her visa until she is. You can delay it indefinitely. Good luck.

It's not an error, it's because there will soon be no more visas for this fiscal year in most EB categories. But more info is needed to help you - your visa category, country of birth, and Priority Date. Please post in a relevant thread in the UK forum (or start your own if there isn't one) and somebody will try and help.

None of that is helpful. You need to think of things that show you live in the same property but differentiate you from being housemates. Being on his medical insurance as his dependent is a great one. Ditto life insurance. Share your wills. Etc. Good luck.

Even if the PD was current now (they’ve probably still got another few years to go), then she’d have aged out as their I-130 only took 16 months to be approved - 24 years minus 16 months gives you age 22, so definitely aged out.

For which country?

Step 9 onwards on the website - https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-8-scan-collected-documents/step-9-upload-and-submit-scanned-documents.html Looks like it's about a year for an interview letter - https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/iv-wait-times.html Good luck.

Assume you mean derivatives rather than defendants. 😂 You can find interview reviews on profiles. Mine was 2 questions I think, super easy, only thing my family had to do was oath, biometrics etc.

That info is on @misaelcuello's timeline, click on that for details. If you can fill yours in too, to add to the body of knowledge on VJ, it would be much appreciated.

If you have plans to move to the US longer term, then it would be better to declare it and find that you didn't need a B visa, than not declare it and then risk your K1 visa in the future IMO.

So you married 10 years ago and got your green card 7 years ago? I can't see any issues from what you've said, but when did you actually separate from your wife?

Each has different current PD's on the Visa Bulletin, so that can make a big difference to wait times though. And of course, each category fills its quota at different times - last year EB5 was the first to fill IIRC. But I guess as long as people bear that in mind, it's not a bad thing to get a general idea of where Montreal is up to, as long as people don't expect the same will necessarily apply to their case.

Adjusting from the VWP is riskier than adjusting from a B visa, as you waive your rights when you enter on the VWP so give up your right to review etc. It’s not something I would do unless there was really good reason for it being necessary, but I’m pretty risk averse! When did you enter and when did you get married?

As above, no way of knowing. It could be a day, a month or a year. Just a case of waiting I'm afraid.

He just needs to request a transfer, but it's not really relevant until he's at the interview stage, so he's got plenty of time to sort it. https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/immigrant-visas-processing-general-faqs.html#ivp13

As this is a thread for EB2 applicants, I assumed it was a I-140. I've no idea what the EB-5 timeline looks like or what fields you have, but your PD is just the date you submitted your application.

Yes, it doesn't matter where he enters from.

OK, so the 90 day clock starts then.

They won't send anything until he's actually a permanent resident of the US either, and that doesn't happen until he enters on his visa. So he must have paid AND be a LPR to get his green card (which is just proof that he's a LPR). It says it on the payment page - "If you do not receive your Green Card within 90 days of paying the USCIS Immigrant Fee or entering the United States (if you paid the fee before you arrived)……." It's also on this page - https://egov.uscis.gov/processing-times/expect-green-card When did he actually enter?

But that's exactly what it says in the bit you've quoted? It says after payment or entry. It's whichever is later.

No way of knowing unfortunately, it will depend on the reason for the extra background checks.

Yep, PD is the I-140 sent date, DQ is Packet 4 I think. And you can search timelines at the top of the page, filter it by EB and consulate to find ones specific to Montreal. The more people that add their data, the better!

Please fill it in on your profile with your timeline too - that way we all contribute to the stats and knowledge here on VJ. Thanks.

Ah, ok. So once you’ve got the I-130 approval, follow the steps from 2 onwards on the link above. Forget the medical until close to the interview - the visa will only be valid for 6 months from the date of the medical, so you need to wait for that. Good luck.

If it's genuine and you can prove it, then that's one thing. But if you are only doing it to stay in the US then that would be immigration fraud, and could result in a permanent ban, or your GC/citizenship being taken away even if it's discovered years/decades later. So make sure you're doing it for the right reasons.

As @OldUser said above, you're looking at the wrong process if he's in India. You need to follow the step by step instructions here - https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html Not sure which step you're at, has the I-130 been approved?