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appleblossom

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Everything posted by appleblossom

  1. Ah, thought there might be an age limit. H2B would require a labour cert so also seems unlikely.
  2. No, you can’t drop the waiver application at the consulate. It must be mailed to Phoenix as per this page - https://www.uscis.gov/i-601-addresses Your lawyer will sort it for you though. You’re mentioning ‘a few months’, but did you check the link above about processing times? Currently showing nearly 3 years.
  3. My point was that in the UK as a contractor working for just one employer you’d usually be deemed an employee with the company taking deductions from salary, sorting your taxes, giving you paid holidays, benefits, etc. So that person could legitimately say they are an employee to the US government. Other countries may be the same, which is why I mentioned it. But never mind!
  4. What do you mean ‘drop the waiver’? Presumably your employer has an immigration lawyer that’s done all of this for you and is aware of her inadmissibility? Is that who you’re speaking to tomorrow? I would make sure you get really good legal advice on this, I’m just not seeing how you’ll prove ‘extreme hardship’ when you are choosing to leave your wife behind in Canada because she’s inadmissible. So you’ll need an excellent lawyer to build a case with a chance.
  5. You need to follow the official guidance, it’s all set out on there - https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing.html And she’s applying for an immigrant visa.
  6. Yes, as I said I was looking at it from a UK POV. I don’t know where the OP’s husband is, so no idea on if they’d be considered a contractor or employee there for tax purposes.
  7. Ah, maybe, I’m only going on the UK definition, where a contractor only working for one company is usually deemed to be a de facto employee. No idea how it works in other countries.
  8. No, he can’t add his son to his wife’s application, there are no dependents for immediate relatives so it’s a completely separate application. Doesn’t the CHNV program end in a couple of weeks?
  9. No, not full-time, but a criteria for the J1 is that the recipient is in an exchange program, and if an au pair they have to be studying each week to meet that, not sure on the number of hours required but you can check that. Do also check the other program requirements too, as I suspect there is other stuff (possibly even an age limit, so your aunt may not quality if so). Also, one other thing to mention is that often the J1 has a 2 year home residency requirement - meaning they have to spend 2 years in their home country before being able to return to the US. So it’s something to bear in mind, as would mean your aunt couldn’t even visit you in the US for 2 years after her J1 visa ended.
  10. It would matter if he’ll be finding another job. You can only use the beneficiaries income if it will be continuing from the same source, otherwise it doesn’t count. Although it looks as though you’ve only just submitted the I-130? So you’ve got tons of time to figure this out, hopefully by the time you get to the NVC stage you’ll have another job. Good luck.
  11. For any visa you’d have to pay her the going rate, so if speed is the key thing it may be quicker to just hire somebody in the US? There’s the H2-B visa, but you’d have to prove you can’t find an American to do the job and it’s a lengthy process, so that won’t work. So it would have to be the J-1 I think, but you’d need an agency and there would be other criteria too i.e. she’d have to be attending classes somewhere too. Note that she cannot do what you’re proposing on her tourist visa as that is considered working illegally.
  12. Are you using assets only? If so, the bank account would work, but not if you’re using income. Will your spouse’s income continue from the same source when he moves to the US, i.e. will his job move with him?
  13. Are you the petitioner or beneficiary? Have you ever had an account before for your previous application?
  14. It’s a letter confirming the job offer is still valid and all the details of it, but your company’s lawyers will prepare it, you shouldn’t need to. Please do ‘pay it forward’ and take the time to fill in your timeline to help others, thx.
  15. Sign up for Informed Delivery asap. You may just be in time to see it.
  16. Also, as you say ‘after a bit’, just checking that you’re aware of the processing times for waivers? It’s not a quick process usually. https://egov.uscis.gov/processing-times/
  17. What kind of waiver? She may have to go to the interview first before being recommended for the waiver anyway. Can you fill in your timeline please? It would be super helpful, thanks.
  18. Then yes, recent written job offer is required. "For employment-based visa applications: A letter from your U.S. based employer dated less than one month ago." https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/MTL-Montreal.html
  19. EB2 or EB2 NIW? And which consulate?
  20. Oh should be very soon then, do you have Informed Delivery? And yes, it should be sent to the address you gave when you entered.
  21. You have to wait until 90 days have passed (from you entering the US on your immigrant visa, as that was the latest of the two dates) and then just fill in the form to report your card as not received. I wouldn’t bother with a congressman, just fill the form in and USCIS should sort it. But what does your online status say? Not sure you can, but just use the usual online status checking page to see when the card has been produced/despatched.
  22. You need to fill in a specific form if it hasn’t arrived after 90 days - https://egov.uscis.gov/e-request/ndc Not until your interview has been scheduled.
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