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canadian_wife got a reaction from Matt & Bing in K1 Work Visa Permit at Dulles
Can you see yourself getting in trouble for working without authorization? And can you see yourself telling the truth about it at your AOS interview or can you see yourself lying about it?
If you wanted immediate work upon entrance into the US, you should have filed for a CR1 spousal visa
GOod luck
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canadian_wife got a reaction from sachinky in Obtaining H1B Visa
You are eligible for this work visa if a employer hires you and sponsors you for the visa. But I'll tell you this, the economy here is terrible. Also, IT work is scarce. There are a LOT of unemployed IT workers here and a lot of companies outsource their TI work now.
Just keep applying and see what happens.
Good luck
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canadian_wife got a reaction from Darnell in CR-1 Future troubles?
Was she formally deported the first time or was it a catch and release? This is EXTREMELY important to figure out. If you don't know, you can file an FOIA request to see what it was listed as.
She is facing at least a 10 year ban for the illegal presence in the US from 2005 - 2009. If you file the I-130 after you marry, it will be denied at the interview and you must file an I-601 and prove how you the USC cannot move to Mexico and how you will suffer extreme hardship if she does not come to the US.
If she was formmaly deported and then returned to the US, it makes your case much more complicated.
Either way, you need a lawyer. Laural Scott is fantastic - scottimmigration.net. She also offers free chats on Wednesdays so you can ask questions. also immigrate2us.net is the website for you - they focus on inadmissability.
Good luck - you have a difficult case with major issues, not just a simple 'prolonging the process'
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canadian_wife got a reaction from Nik+Heather in visiting my husband
Lots and lots and lots of people have traveled on the VWP with a pending I-130. It is perfectly legal to do. Now, is it a guarentee that admittance will be granted...no. But it has been done and many people will do it again
And Loto, we should never advise people to abuse the VWP and enter the US as a tourist with intent to immigrate. That is against the TOS. With a pending I-130 it is clear she has immigrant intent so in my opinion, AOS isn't an option
Good luck
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canadian_wife reacted to HeatDeath in K1 Visa Question
1. You never need to become a US citizen. Many Canadian immigrants to the US live the rest of their lives in the US as "mere" permanent residents. You'll have to renew your GC every 10 years ($390) and notify USCIS of any change of address, but once you have your 10 year GC, you can stay just as a PR forever if you want. You will become eligible to apply for US citizenship 3 years after you get your first green card, if you are still married to the USC, or 5 years after your first GC if you got divorced at some point.
2. After a certain amount of time (measured in months, not years) that varies from state to state and institution to institution, green card holders become eligible to pay regular in-state resident tuition rates. You'll need to check with the admissions office of the specific institution for more details.
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canadian_wife got a reaction from Nik+Heather in I-130 touched on 5 months
If you would like to show me the articles that are stating the closing of the I-130 I may respond. Instead, I'll post directly from the travel.state.gov website that says the K3 will be closed by NVC once it reaches NVC with the I130 to show you I do not lack knowledge in this area
Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:
•The nonimmigrant K visa will be administratively closed.
http://travel.state.gov/visa/immigrants/types/types_2993.html
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canadian_wife got a reaction from Darnell in Moving to the USA with German Wife! :D
So you are living in Germany, then you can probably qualify for Direct Consular Filing which will save you heaps of time
http://www.visajourney.com/content/dcf
You'll need to prove you are a legal resident of Germany plus you intend to move back to the US no later than your wife (as in your wife cannot move first without you). Some consulates, like Montreal, are really strict about this last part, I'm not sure about Germany though
Yes, there is a HUGE difference between the K3 and the I-130. Most importantly being the I-130 is a petition and the K3 is a visa. Also, the K3 is no longer an option.
Begin reading the guides. The DCF guide above and the I-130 guide below
http://www.visajourney.com/content/i130guide1
Good luck
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canadian_wife got a reaction from Kathryn41 in Entering the US with medications
When bringing in prescription medication it is always advisable to bring a note from a doctor stating that they are yours (or a prescription). Carrying hefty amounts of medications may raise flags but you should be fine with a letter from a doctor explaining the situation
Good luck
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canadian_wife got a reaction from Darnell in Get Married, then what?
http://www.visajourney.com/content/i130guide1
welcome to VJ and congrats on the upcoming wedding. You're going to want to file the I-130, the G-325A and all the supporting documents for both her and her daughter. She'll need permission from the father to move to the US.
Good luck and follow the guides
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canadian_wife got a reaction from Darnell in Post Decision Activity
It looks as if the USCIS website is delayed. I assume you already have your NOA-2 since you're onto NVC correct?
Have you turned in the DS-230 and AOS packet with the payment confirmation page? That would be next.
Now, if your wife has the baby before the interview, you'll likely have to submit an updated AOS packet with the new changes to your income requirement.
If you are a US citizen, and meet the citizenship requirements, you will apply for a CRBA so the child will have a US passport and can then travel with the mother
http://travel.state.gov/passport/get/minors/minors_834.html
See the link for applying for a passport for the child. You should apply for the passport as soon as the child is born so the Cr-1 visa doesn't expire
Good luck
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canadian_wife got a reaction from Darnell in im confused about cr1 and k-3
http://www.visajourney.com/content/i130guide1
Follow the guides, it has all the information you are looking for and a detailed explanation of what forms you need. No employment letter necessary
Good luck
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canadian_wife got a reaction from Kukolka in Got N02 what do i do next
http://www.visajourney.com/content/k1flow
Follow the flow chart, you are now looking for your file to go to NVC and then go onto your consulate abroad
Good luck
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canadian_wife got a reaction from Darnell in question about form I-130
Engineer21 - reyes5' is unable to adjust status in the US because of the illegal entry.
Reyes5 - you need to answer all questions honestly and accuratly (they know the answers anyway, let's avoid any reason for misrepresentation). You are in the US, put that they are in the US and estimate the date of arrival. Where it asks for the I-94 then you can enter "illegal entry" or "EWI" or "Entray without inspection".
The Dream Act (according to Laural Scott - scottimmigration.net) is unlikely to pass this year. It is an election year and depending on the results of the election..well, focus on filing the I-130. A congressman cannot change your illegal status. You entered illegally. Your best bet is cancellation of removal which would need you to have been put into removal proceedings to begin with - something that is difficult to do.
If you haven't already, consult a good immigration attorney. Laural Scott has free immigration chats on Wednesdays.
In the mean time, file the i-130 with the local office and your spouse as the sponsor.
Good luck
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canadian_wife got a reaction from sachinky in Can Spouse Move to US and file Adjusement of Status.
HappyKnappy - the date of the issuance of the tourist visa is irrelevant. It is her intent when ENTERING the US that is important. If she uses her previously issued tourist visa to enter the US but has the intention of adjusting status - that is the illegal part.
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canadian_wife got a reaction from Nik+Heather in Can Spouse Move to US and file Adjusement of Status.
HappyKnappy - the date of the issuance of the tourist visa is irrelevant. It is her intent when ENTERING the US that is important. If she uses her previously issued tourist visa to enter the US but has the intention of adjusting status - that is the illegal part.
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canadian_wife got a reaction from Darnell in stressed about our k3 application..give some advice
Well, you sent too many documents to USCIS. When you petition for the K-3 (which is a dead visa by the way, save your time and stick with the I-130 for the CR-1) you are supposed to send in the I-129F with the NOA-1 of the I-130. And the I-134 isn't ever supposed to go to USCIS.
So don't expect your NOA-1 for the I-129F becuase you sent it at the wrong time. Don't worry about it now, stick with the route you're on, the cr-1
Study the guides on here so you can know what to expect in the future.
Good luck.
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canadian_wife got a reaction from Brother Hesekiel in Me: Permanent resident; Her: Illegal
If she was ordered removed but didn't, then you could enter into the realm of deportation absconder (depending on the circumstances). File and FOIA request (Freedom on Information Act) and find out if there are any orders against her.
Consult a qualified immigration attorney. Laurel Scott is fantastic - scottimmigration.net. She also has free immigration chats on Wednesdays
Good luck.
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canadian_wife got a reaction from Darnell in Canadian Fiance going to remain working in Canada
Non-immigrant visas DO get interviews in Vancouver The non-immigrant visas they deal with are the K-1 and the (dead) K-3. The Cr-1 is an immigrant visa which all Cr-1s go through Montreal
Good luck
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canadian_wife got a reaction from Darnell in Can I visit my US fiance while waiting on K-1?
This is a very common question, if you do a search you'll find plenty of answers.
Yes, you can visit, however the duration of stay and admittance is up to the border patrol at the time of crossing (nothing is guarenteed). So, you'll want to bring strong ties to Australia in case you are asked...things like a lease/mortgage, a letter from job or proof of attending school. Anything that shows you need to return. Also, bring a copy of your I-129F packet, that seems to help
Good luck
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canadian_wife got a reaction from DARUMA07 in A little help/advice please?
This is incorrect. You may go to the US on a tourist visa and marry, then return to the UK. That is not an issue. The only time immigration fraud may be suspected is if you travel to the US on a tourist visa, with intent on immigrating. That's the fraud.
Also, the Cr-1 is not for people who marry outside of the US. It is for people who are married, regardless of where the wedding takes place.
You need to read the guides here and figure out which visa is best. His depolyments may qualify you for a military expedite so certainly look into that as well.
http://www.visajourney.com/content/compare
Good luck
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canadian_wife got a reaction from VanessaTony in Curiosity
Not trying to sound cold, but USCIS doesn't care about fiance's pregnancy (either foreign or domestic). No expedite and many times a tourist visa becomes more difficult to get due to the presumption of immigrant intent.
Good luck.
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canadian_wife got a reaction from Fandango in Curiosity
Not trying to sound cold, but USCIS doesn't care about fiance's pregnancy (either foreign or domestic). No expedite and many times a tourist visa becomes more difficult to get due to the presumption of immigrant intent.
Good luck.
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canadian_wife got a reaction from VanessaTony in Ink Color of signature?
We used blue, easier to tell that the signature is original and not a copy
Good luck
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canadian_wife got a reaction from VanessaTony in Visa Fraud??
Let's not get into the habit of advising to actively mislead the US government. You should only report a lost passport if, in fact, it is lost
Good luck.
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canadian_wife got a reaction from schatzi3277 in Visa Fraud??
Let's not get into the habit of advising to actively mislead the US government. You should only report a lost passport if, in fact, it is lost
Good luck.