-
Posts
6,855 -
Joined
-
Last visited
Reputation Activity
-
OBX reacted to Penguin_ie in Medical befor the actual medical ?
I would say very few people get rejected for medical reasons that they do not already know about, so see no need for a full pre-medical medical.
One thing that might be worth doing is a TB test.
-
OBX reacted to Penguin_ie in Mistake in I-130 package
As August 2011 hasn't happened yet, it is an obvious mistake, so not that big of an issue. I agree call to correct, but if they say they cannot, just correct it next time you send in papers or at the interview.
-
OBX reacted to canadian_wife in citizenship
If you are granted US citizenship, that simply allows you to petition for your husband and children, they are not automatically entitled to live in the US.
If you are granted US citizenship, I assume your children will not be eligible for US derivative citizenship as you would not meet the residency requirement so you would petition for all of them
Good luck
-
OBX reacted to Anh map in Very confused! I file 90 days after 1 year or 2 years?
Look at your GC, not the stamp in your passport. No earlier than 90 days prior to the expiration date you can file to remove conditions.
The stamp in your passport that endorses your Machine Readable Immigrant Visa serves as your GC until you get the GC. No need to renew the stamp.
If you entered the US on a spouse visa prior to your second wedding anniversary you will have a conditional GC that has a 2 year expiration. If you enter on a spouse visa after your second wedding anniversary a person ought to receive a GC with a 10 year expiration (unconditional GC). That's where the 2 years of marriage is concerned.
-
OBX reacted to Ryan H in Which Service Center?
I would say a combination of the two with more weight given to load balance.
-
OBX reacted to Brother Hesekiel in Must she carry her green card daily?
Well,
it's fair to assume that the average person would envision the "typical illegal alien" as a Hispanic, mostly a Mexican. Ironically, that's true: the overwhelming majority of illegal aliens are from Mexico, the second group are those from Central or South America who entered the US via the Mexico/US border.
Thus, ethnicity does indeed play a role in who is more likely to be asked about his immigration status. For the very reason Arizona's SB-1070 was targeted by civil rights groups as a bill that would target for the most part brown people, as they called it.
It may also be the reason why I was never asked about my immigration status in now almost 20 years of living in Southern California and having driven to the southernmost part of the country several times. I'm a middle aged white guy, short hair, clean cut, decent appearance, almost accent free English. Would I look like what people think is a typical illegal immigrant, I would imagine that I would have encountered problems over the years.
That's just the way it is. Let's call it reality, shall we?
-
OBX reacted to Jojo92122 in Recently got married to an American citizen
My condolences on the loss of your mother.
There is nothing "technically" about what you are suggesting. It is immigration fraud, period. Why would you risk a lifetime ban by making a material representation on an immigration form? Why would you risk your spouse being prosecuted for perjury for submitting immigration forms with a material misrepresentation? What if your information is scanned at the border when you return to the US?
I understand that you are desperate to be with your spouse; but so are so many here on this forum. You have a legal means of immigrating to the US, why would you risk it all for a few months???? That is utterly insane.
Do it the right and legal way. Go home and bury your mother. Have your spouse petition for you. As a Canadian, it is much easier for you to visit your spouse because of NAFTA. You don't even need a visa. This is a opportunity that is not available to most people waiting for their spouses. Realize how fortunate you are compared to others in situations similar to yours.
I hope you end up doing it the right way - meaning doing it legally. Making a material misrepresentation could end up very badly for you and your spouse. You could end up with a lifetime ban from the US, and your spouse could end up in criminal proceedings for submitting immigration forms with a material misrepresentation. When your spouse sends in the forms, he signed them under penalties of perjury. This means, he can be prosecuted for perjury.
I wish you the best.
-
OBX reacted to Ryan H in Interview Assignment
NVC usually schedules interviews based on what the Embassy tells them they have available. The only IV post that I know of that schedules their own IR/CR visa interviews is Guangzhou and that is non-EP files.
-
OBX got a reaction from Darnell in NOA2 - now what
Read through these guides; they will explain the NVC process. The first post on the July NVC thread also has all of the required links posted (courtesy of Saylin ). Good luck!
July 2011 NVC
EZGuide
NVC
-
OBX reacted to Kathryn41 in USC moving temporarily to US with kids and Canadian Hubby
Unfortunately there is no 'live in the US temporarily' visa. 3 years is not temporary in the eyes of US immigration. It is long enough for a Permanent Resident to become a US citizen if they are married to a US citizen. You might have been able to manage a 6 month temporary residence in the US, but not 3 years.
When you are referring to 6 months in the US and 6 months out of the US, you are referring to the policy that allows a Canadian visitor to remain in the US up to 6 months. This visitor is not supposed to be living in the US and is not allowed to work or go to school or any thing else that a resident can do. Canadian Snowbirds, the Canadian retirees who spend their winters in Florida and Arizona, are probably the best example of those who can successfully visit the US for 6 months. They come to their rental or owned property in the US, visit for no more than 6 months then leave, returning to Canada in order to avoid having to file a US tax return and to avoid losing their Canadian health coverage.
Even for the Snowbirds, however, the time allowed to remain in the US is not determined by the Canadian who is visiting but by the border authority when he applies to enter the US. They can say if the person is allowed to stay 6 months or 2 days. The US border authorities are charged with preventing anyone from entering the US who, in their opinion, intends to live in the US without the proper visa. Every potential visitor needs to be able to provide proof of strong ties in Canada - a home, a job, financial obligations, etc. to show that they do not intend and are not, in fact, able to reside in the US at that time. Having a wife and 2 children moving back to live in the US goes a long way to minimizing the strength of those ties.
If you do not wish for your husband to pursue an immigrant visa you are basically left with only one option that can manifest in a number of ways. He can enter the US as a visitor, depending on the border guard each and every time he crosses to let him in or deny him access. He may be able to stay up to 6 months on a visit but the more often he visits and the longer he remains in the US the more likely he is to be denied entry the next time he crosses the border. He should plan on remaining outside the US between each visit for at least as long as he is in the US. He will have to maintain a Canadian residence and provide proof of why he is not able to stay in the US in order to be allowed to visit. He can try to use his 6 months all at one go - or he can decide to divide it up throughout the year - a week in the US, a few weeks in Canada, a few weeks in the US, a week in Canada, etc. There is no guarantee this will work, but it is doable - as long as your relationship can put up with the distance and your finances can support 2 households. If he was denied access, then he would have to deal with the reason for denial and try to prove it doesn't apply (usually it happens when the border authority believes the person is intending to or is actually living in the US while entering as a visitor.) Depending on what else transpires at the border, the denial of entry could become permanent if it appears your husband lied or misrepresented himself or his intentions at any time.
The K-3 visa process would have been another possible option that would partially accomplish what you want by choosing to let the K-3 visa expire without completing the immigration process. The K-3, when issued, is valid for 2 years and it takes about a year to obtain. Unfortunately for you, the K-3 is virtually defunct. Almost all K-3 applications are administratively closed and turned into CR-1 visas - which is the immigrant spousal visa.
I am not sure what you mean by after the two applications are approved he would not be eligible for a spousal visa? Are you talking about the joint filing of the I-130 and the I-129f? The I-130 is the critical petition and leads to a green card. Both need to be filed for the K-3 but then the I129f is closed and the I-130 continues which would not allow you to use the K-3 as a temporary residency visa. I believe that is what you mean when it says he would be required to get his green card instead, and that is basically correct. The K-3, even if it were granted, would also not allow your husband to work until he had also filed and received a separate work permit request. The K-3 visa could have worked for you, however since USCIS assumes everyone applying for the visa intends to live in the US and become a permanent resident, they are turning K-3s into the superior CR-1 visas instead. You don't get a say in the matter.
Under the limitations provided by immigration you may find it cheaper and easier to help your mother out financially by sending her money every month instead.
-
OBX reacted to New Beginnings in I-751 March 2011 Filers
It seems like the majority of people are not called for an interview.
-
OBX reacted to pushbrk in Canadian Marrying US Living in US no green card needed
Travel difficulties depend on when the "move" occurs in relation to the marriage. If the move is delayed until a spouse visa process is complete, there are no travel issues that can't be easily overcome. That's also the least complicated and most kosher way of doing it.
Right now the couple only has visitor privileges to the other's country of residence. If residences are maintained in both countries, there's probably no real issue. I would consult with tax experts on the ramifications of either party becoming a legal permanent resident of the other's country.
-
-
OBX reacted to calibob in im the petitioner
I'm not sure, but I have heard of in very, very rare circumstances that both have been interviewed , the petitioner stateside and the beneficiary at the appropriate consulate. I wouldn't worry too much about creating documentation as what you have on hand will probably do. Chat logs, phone records, ect that prove an ongoing relationship and are easily obtained by you. Best wishes!!!
Bob
-
OBX reacted to Mimino in Legal Requirement - possession of greencard
compared to replacing a lost/stolen gc, those are a cake to replace. don't even mention the cost of a new gc...
-
OBX reacted to Saylin in advice for nvc
Grats on your I-130 approval!
Here's a quick summary of the NVC process:
-get case number and IIN
-send DS-3032*
-pay AOS bill once available
-once bill appears as PAID, you can send the AOS package
-pay IV bill (will only appear once the DS-3032 has been accepted)
-once bill appears as PAID, you can send the IV package
*It's much easier if you just email as NVC will receive and accept it within a few business days instead of taking much longer if mailed. Follow the template here: http://www.visajourney.com/wiki/index.php/Email_DS-3032_form
You mentioned that you can only pay the $88 fee once the DS-3032 has been accepted. That's wrong. The AOS bill isn't dependent on that form. It'll appear within a few days of getting your case number. The only thing that's dependent on the DS-3032 is the IV bill. It will NOT appear until the form has been accepted.
You can't pay the bills at the same time unless you don't pay the AOS when it first appears and wait until the IV one appears. Other than that, you can't pay them at the same time as the AOS bill will always appear first since the IV is dependent upon the acceptance of the DS-3032. This is untrue if you have a lawyer though. The lawyer is always automatically chosen as the choice of agent, so both the AOS and IV bills appear at the same time.
Now, you can send both packages at the same time if you wish to do so. Just don't send the AOS package once the AOS bill appears as PAID. Wait until the IV bill appears as PAID, and then you can put both packages in the same envelope and mail that. Just make sure it's clearly marked which package is which inside.
For the AOS, you have to file an I-864, and then both your parents file an I-864a.
For the tax papers, only the most recent tax year is required, so if you don't have all 3 years, it's ok as it's just optional.
Don't forget to include a birth certificate or US passport to prove your parents' legal status in the US. And I'm not sure, but you might also need their marriage certificate.
-
OBX reacted to pushbrk in Possible correction/explanation of "issues" on G325?
Take a correct and complete G325a to your interview and only if asked, hand it over with your apology for any oversight.
-
OBX reacted to Done--Really in After Visa...
Respectfully, uswife is giving incomplete advice--the stamp in his passport at the initial POE IS his temporary green card without any limitations. There is no need to wait for the actual card to arrive in the mail if he needs to travel sooner than that
-
OBX reacted to Barbara J in IR1 Visa Valid FROM
Your visa is ready to use as soon as you get it. It is valid for 6 months to use it but it is ready to go once you have it in hand I got mine on the 1st Sept and flew out 4th Sept so YES
-
OBX reacted to Done--Really in Possible CO at interview ask for I30 ??
Anything s possible--just take copies of everything you have sent to USCIS and NVC as suggested in the guides, and you are covered.
-
OBX reacted to magdasal in 2010 Tax Transcript Question
NVC doesn't care about your state returns, only Federal....and the IRS may look at state returns at some point in the future to crosscheck that you aren't cheating them, but the state returns don't hold up anything as far as your IRS returns go. Once you've got all your IRS returns/transcripts ready for you package, you are ready to go...forget about the state returns...those are strictly between you and your state.
-
OBX reacted to Flames9_RN in Dual Citizenship
form 8891--to report ur RRSP'S--IRS wont tax them--just have to report them. I have been told--can't confirm this, but a few States may tax them, but dont know that for sure.
I don't think many renounce their Cdn citizenship! Its actually more than just renouncing it: http://www.cic.gc.ca/english/citizenship/renounce-how.asp
Having a "greencard" does not make you a USA citizen----your a permanent resident; Which of course you can get a SSN
Canada and the USA have a tax treaty--so 1 should NOT get double taxed!
For the most part its rather simple-----Canada sees you as a Cdn citizen AND a USA citizen! Thus dual citizenship!! BUT the USA sees you ONLY as a USA citizen!
So simply, when you as a k1 marry, NO, you do not have to renounce your Cdn citizenship!! As I say to others--take time and read the guides here on VJ! No 1 cares more about your travels through this process than you. Good luck
-
OBX got a reaction from Kathryn41 in what is the strongest evidence of bona fide relationship do you think?
Not to mention many of us are past the age of having children together.
-
OBX got a reaction from Inky in what is the strongest evidence of bona fide relationship do you think?
Not to mention many of us are past the age of having children together.
-
OBX reacted to pushbrk in Marry on a Tourist Visa and then CR-1
That's your opinion. The truth is never a lie. A legal visitor to the USA, is no more obligated to disclose that one item on their itinerary is their own wedding, than they are to disclose they may visit a public library or a strip club. Any truthful answer is the truth, however generic. There is no need to raise unnecessary red flags and every reason to avoid doing so.