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Brandi n Michael

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Posts posted by Brandi n Michael

  1. It is a penalty and would show as an amount owed on your taxes. If you are receiving a tax refund the "penalty" is deducted from there but if "penalty exceeds refund amount then you would be responsible to remit that amount. So yes it is a garnish-able amount and if you do not pay the owed amount it can and will effect your application. Yup that would suck. 

    BUT that being said. 

     

    This individual mandate it is NOT like any other penalty and can only be taken from a refund. If you never get a refund then you never have to pay it but if you were ever to get a refund it would come out.

    This will not effect an immigration case as long as you file your taxes yearly and properly. 

     

     Source https://www.healthcare.gov/fees/fee-for-not-being-covered/

  2. Do not renew it until after your interview. It's okay if it's expired when you are in your interview but going to the interview without your passport might delay your process. Good luck

    That would be the ideal choice but unfortunatley my brothers wedding is in September and Denver is notoriously slow at doing everything. So I can't risk it, I need my passport renewed. I'm in no rush for citizenship so I can wait until after.

    Thanks for the replies!

  3. I believe Vancouver stopped doing CR1/IR1 when they did away with the K3 immigrant visa in 2010. They still do the fiance visa as far as I know but all I130 is done through Montreal now.

    Be expecting to travel a lot! I was in Winnipeg and I traveled to Toronto (I could stay with my uncle to wait for results) for medical and then Vancouver (flew in for the interview flew out same day, couldn't afford an overnight) for interview talk about expensive!!

    Hope that helps!

  4. This was the case prior to November 2006. Since then, USCIS has been adjudicating both petitions together and approving them (in almost all cases) on the same day. After doing this for three years. NVC, said ENOUGH and started considering the immigrant visa to be "immediately available" if the I-130 was on station at NVC instead of the old standard of on station at the Consulate abroad. I and many disagree with this policy but they don't care what we think. In effect the policy of administratively closing the I-129F petition if the I-130 and I-129F arrive together (virtually always) renders the K3 visa "unobtainable" or "obsolete".

    Here's a more complete explanation of K3 history posted elsewhere.

    * Note: Effective February 1, 2010, new procedures adopted by the National Visa Center have effectively rendered the K3 and K4 visas no longer available.

    The K3 and K4 visas for Spouse and Children are technically non-immigrant visas that theoretically allow the family to be reunited faster. Here is a brief overview but in most cases, the original purpose of these visas has been rendered moot by recent changes in USCIS adjudication policies. For this reason, we prefer not to promote their use here. However, there are cases where they may well be the better choice. If so, our visa consultants will provide the needed information and guide you through the process.

    On December 21, 2000 the Legal Immigration and Family Equity Act (LIFE Act) was signed into law. One of the provisions this legislation is the creation of K3 and K4 non-immigrant visas for spouses of US Citizens who are outside the US, and the children of those foreign spouses. These visas were created to allow reunification of families of US Citizens, by allowing the spouse and children to enter the United States as non-immigrants, and filing for Adjustment of Status inside the United States, rather than waiting for Consular immigrant visa processing. Provisions for processing for the K3/K4 became effective on August 14, 2001 after coordination required between USCIS ( then the "INS") and the State Department.

    Until November 2006, USCIS adjudicated petitions for CR1-2 and IR1-2 visas separately from the K3 petition and at different service centers. In November 2006, USCIS changed its policy and began adjudicating the petitions together and with rare exceptions, completed adjudication or approved both petitions the same day. Effectively, this did away with the previous far shorter timelines for the K3 and K4 processes.

    I would agree and as you can see via our timeline we were one of the very last to go through this hole. Our I129f and I130 were approved on the same day but due to the wait time at Montreal we were allowed to proceed in this direction however I know this path is officially closed as Vancouver no longer does K3 visa interviews everything goes through Montreal (CR1/IR1). Either way OP doesn't stand a chance because I130 has been approved therefor K3 is no longer even an option for him. Sponsorship and acquiring domicile and job seem to be his options at this point.

    Good luck!

  5. In order to even qualify for the extremely rare if not obsolete K3 visa is to have filed the I130 first, then the I129f. I129F would be approved first and there would be a pending I130 (not approved yet), during the approval gap (between I129f-I130) they would invite you to complete the package for the criminal check, medical, vaccinations. If you were to complete that all prior to the approval of the I130 there is a chance at a K3 interview. There are however income requirements via I134. It says they aren't required but let me assure you they are, they just aren't enforceable.

    Now-a-days the likelihood of the I192f and I130 having a gap that long between approvals is extremely rare, that is why most would agree that the K3 is done and over with but USCIS still keeps it on the books because there is that very strange case that will come through and they are required to offer it due to the LIFE act that was created - doesn't mean that they will issue it.

    Hope that helps info-wise but you are still going to need to prove financially that your spouse will not become public charge.

    Edit: Stupid grammar lol

  6. Bankruptcy will not clear student loan debt as far as I know if it is from Dept. of Education (government type loan). She is in for a long battle to get it cleared off her plate. She will have to talk to Dept. of Education and get her name removed off of it, if she co-signed she is stuck with it and maybe you guys can do a settlement.

    USCIS does not care about debt owed even if they are in collections/defaulted. As long as you file in the married section either married jointly or married separated you are fine.

    Good Luck.

  7. I to dealt with this issue and was prepared for all the what if's. What I did was got my letter from the pdoc stating that 'issues were not likely to reoccur' medical passed. AND I was already on my hubby's health insurance and we brought those supporting documents with us to the interview (specifically highlighted in the policy that mental health was/is covered)Their big concern is that you will not become a public charge due to illness or injury. Approved on the spot.

    Also to note that I checked no to that question as I was not a threat to myself or anyone else nor was I likely to become one. I read the question at face value and I did not try to read anything beyond that. It is not misrepresentation as all issues were disclosed at the medical.

    Hope that helps you!

  8. My Mom actually does them in Canada (Winnipeg MB) it takes anywhere from 2-6 weeks to get one from there (might be longer as you are out of country) As far as I know they are valid for 6 months. I know in Manitoba it is now the commissionaires and the city police that do them. RCMP (I believe) only do them in rural areas now but they are so much faster!

    I would contact the commissionaires and see what they say. :)

    Brandi

  9. Only cheap way is money order via mail ($1.99 at post office up to $1000. 7-11 .99 up to $500) takes about 1-2weeks to arrive. Everything else there are fees on both sides. Western union is expensive, wire transfer both sides get nailed with fees.

    Good luck!

  10. It is NO different if you are married or not, you will need letters of recommendations but I'm afraid a letter from your boyfriend or spouse will NOT help at all. That would be the equivalent of my mom giving me a job recommendation.

    We actually couldn't even get a pardon because the crime was committed in Montana and they don't do pardons. So check with your state. Pardons are mainly for Canadians trying to get into the States (not the other way around) Sucks I know!!

    Personally I wouldn't not spend the money on the lawyer. That is a complete waste of money. Most of the work you have to do yourself anyway. Obtaining of criminal record checks for anywhere you have lived for 6 months or more since you were 18, court documents and letters of recommendations and of course the form itself stating why and how you have changed your life around so whatever crime is no longer an issue or repeat. A lawyer can't really do any of that for you.

    I would start this application before you decide to get married and apply to live in Canada as you will have to do it anyway. If you plan on living in the USA, then I would say get married and follow the CR-1 process. Your Canadian boyfriend will have to live in the States after approval though because there is a residency requirement to maintain his eventual greencard.

    Brandi

  11. If you plan on EVER moving to Canada or even to cross the border you must overcome the criminal inadmissibility. To do that follow the instructions here:

    http://www.cic.gc.ca/english/information/applications/rehabil.asp

    if you have any questions let me know as we have been down that road. My hubby had a misdemeanor and needed to overcome it. Being married or engaged will not overcome the fact that you are inadmissible to Canada, this is a must do procedure UNLESS 10 years have passed since you were free and clear of ALL obligations. Meaning if you had parole, fines or suspension the 10 year clock starts when all of that is complete.

    You fill out the form and gather all required information submit $200 and then wait you will either get approved or told you need to pay more ($800) and wait longer.

    Read up on criminal inadmissibility to Canada there is a lot of information out there.

    Brandi

  12. My Mom is coming down for Canada Day with a butt load of stuff and we are off to the Baseball game all decked out... Hopefully it will be an awesome time. Only celebration here has an entrance fee. Yeah not paying that! lol Michael calls himself an honorary Canadian :)

    Have a great Canada Day every one!!

    Brandi

  13. As one of the last people on here to come on a K3 visa, I found it beneficial. My CR1 case was taking way too long, the K3 was approved in 5 1/2 months we didn't even get notified that the CR1 nvc stuff until 4 months after I had my K3 visa and was already living here, we did not bother following through with it. All the K3 allowed me to do was move here, I couldn't work and I still had to do AoS. My K3 was valid for 2 years but if I wanted to work I needed to get an EAD which as you can see I did (it took forever though). I didn't need to work (still don't) but I wanted to be able to see what it was like. The process was more expensive but like I said it did get me here faster and that was all that mattered.

    All of this is irrelevant though because it is no longer an option and USCIS never updates there website lol

    Brandi

  14. From what I remember there is nothing on the computers prior to 2002, so he would have to ask his family physician to see if there is any written record on his file (I did this over the phone). If there is no written record he must repeat them.

    Brandi

    Edit: for Spelling sheesh.

  15. Do you have a yearly plan for school or is it just courses you are interested in? I actually had all my years laid out for me as to what I would take and when. Year 1 courses year 2 courses and the like. It wouldn't be hard to put something like that together to support your evidence and actually it helped me with classes. I didn't have to stress last minute what I was going to take and would it count towards graduating.

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