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TSC Blackhole

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    Question about going back/forth after visa issued

    in Canada

    Posted

    Green-card is for residing, living and working in the USA, it is not a permanent border crossing card.

    http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

    Yes you can claim your residence is south of the border, however spending 5 days over, and 2 days in the states looks like being on average outside the USA more than 50% of the time, the POE can start to suspect something when they swipe the card many times over the course of a month.

    Hey, I just read up on that USCIS link. I seems like my hubby would still be labeled as a Permanent Resident of the USA if he filed taxes and wasn't away for more than a year. I've included the text below from USCIS. Maybe I'm not being very realistic :whistle:

    You may be found to have abandoned your permanent resident status if you:

    Move to another country intending to live there permanently

    Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year

    Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year

    Fail to file income tax returns while living outside of the United States for any period

    Declare yourself a “nonimmigrant” on your tax returns

    Question about going back/forth after visa issued

    in Canada

    Posted

    Hi,

    Hubby and I applied for our I-130 a LONG time ago and were involved in the TSC fiasco. Because it took so long, my unemployed husband finally has a good job in Canada. I know once we get our visa we have six months to activate it, but the problem is, he wants to work that Canadian job for at least a year because it's really good experience. If this whole TSC thing hadn't happened this would NOT be an issue. He just got his job, and I think our interview will be in 3 months, so we'd have to keep doing the back and forth thing for another 9 months.

    Would it be an issue if hubby made his POE and then went back to canada in a week, but his main living address was still in the USA? He would come down on the weekends but work in Canada. This way he is a working member of society and contributing. Because if he moves to the city I live in, the unemployment rate is the highest in the country, and he will most likely not find a job for a very long time.

    Is there someway we can make this work? Stupid TSC.

    Thanks!!!

    Difficult Situation, need some advice

    in Canada

    Posted

    Thank you both for your very good advice. It is true, we have waited a VERY long time for the US visa petition and should just let it run its course. We have been together for a very long time and this traveling back and forth is very hard on us. I'm hoping my outlook on the situation improves this week.

    Thanks again!

    Difficult Situation, need some advice

    in Canada

    Posted

    Hi! Looking for some advice on my specific and confusing situation. I lived in Vancouver, BC from 2003-2009 with my husband on a student visa/post graduate work permit. I moved back to the US at the end of 2009 because I was currently in a dead-end job and was offered a good job with room for advancement. I left under the assumption my husband would eventually immigrate to the USA. At that time he was an unemployed recent college graduate. Fast-forward to now, he is still unemployed but has a few hopeful offers in the works.

    We have been doing this back and forth thing for over a year, maintaining separate residences, bills and travel expenses, and it's all getting very expensive, and neither one of us can afford it. Our I-130 took over 7 months to leave USCIS and we are now at the NVC stage and I am not sure what to do. He has some leads for jobs that are panning out in his home town. The problem with where i live is that there isn't a whole lot of industry available to him, and the unemployment rate is the highest in the country. I am starting to believe that he would have a better chance for advancing his career if he were to stay in his hometown. I don't really like the city I live in, but I LOVE my job and would be sad to ever leave it. I also know that the opportunities for me in his city are not very good. I still have until August 2011 on my post-graduate work permit in Canada. But I have a lot of debt built up and I need to make a certain amount of money every month to stay afloat.

    Theoretically if I were to move back to canada on my post-graduate work permit, would I be able to adjust my status? If anyone has any advice on what my options are, or what they would do if they were in my situation I would love to hear it. My husband and I are at our wit's end and this whole situation is making the both of us very sad. We are pushing 30 and just want to be settled. Thank you!

    CSC to TSC to NVC: the Saga continues

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    It is so weird how messed up this system is. For me, at least NVC has been ok, USCIS was horrible, as it was for most of us. I'm not sure if it's because the TSC put an expedite on my case when I phoned about it being over 200 days, but I got my NVC number fairly quickly. I was approved on the 14th, shipped from TSC-NVC on the 15th and had my number by the 18th. Are all the slower petitions the ones that were shipped back to CSC? What gives???

    CSC to TSC to NVC: the Saga continues

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    I'm kind of in the same situation as you, but I'm the beneficiary. I've been the one doing all the research. But that's cause my hubby works full-time while I didn't. I just tell my hubby what to do and he does it. "Pay the AOS bill." "Pay the IV bill." "Scan your AOS documents." :)

    Yes, too bad today is a holiday :(

    Also, don't forget, when you ask for the IIN, make sure you also ask for the beneficiary ID number. This is needed for those doing the online forms. It asks for this number on the DS-261 and the DS-260, so you need to get it!

    And bug me all you want! laughing.gif

    Hey! SO I sent in my optin email and got my IIN and Beneficiary ID number today. Should I go ahead and pay all my fees now and then just wait for my NVC response email? Thank yoU!

    CSC to TSC to NVC: the Saga continues

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    [ I apologize ahead of time for the long response laughing.gif ]

    Yes, I did EP.

    You have to send an optin still, but with no DS-3032. Subject line: OPTIN MTL2011XXXXXX. Make sure you have "OPTIN" at the beginning of the subject line, then fill in the X's with the rest of your case number. For the body, just put petitioner's name, date of birth, email address and the same info for the beneficiary. Send it to NVCElectronic@state.gov

    For the DS-3032, there's an online version for Canadians that is required. It's called the DS-261. Once that's available, fill it out and submit it. If you want to see screenshots of the form that I took, check them out here: http://s128.photobucket.com/albums/p174/smurf47/Immigration/DS-261%20screenshots/

    Paying the AOS fee is the same. Once it appears, you then scan all your AOS forms and documents and email it to the same address as the optin that I mentioned before.

    Now, since you're in Canada as well, there's a new DS-230 form that's online that is required for you to fill out. That online form is called the DS-260. Once the IV bill appears as paid, you can then start filling out the form online. Screenshots can be found here: http://www.docstoc.com/docs/49845403/DS-260-screen-shots I highly suggest you check them out as there is some info required that is not asked on the DS-230. I spent quite a few hours getting that extra info. When it does come around time to fill out the DS-260, if you have all your info at hand, it should take you around an hour to fill out. Once you're done and submit it, you can then email the scanned documents (passport pics, birth cert., marriage cert., police cert., and copy of passport) to the same email address.

    And that's a brief summary of what you have to do if you do EP. If you don't do EP, it's the same process but you snail mail your AOS and IV documents and you don't send the optin email. You'll still have to do the online forms even if you don't do EP as it's required regardless now of Canadian spouses.

    If you have any questions, don't hesitate to ask ;)

    Oh Saylin what would we ever do without you?! LOL to your "long response time".

    I'm the petitioner for my canadian hubby and I have been the ONLY one researching this process and it's a lot of info for only one person to know how to do...then of course having to explain it all to my hubby.

    Now if only tomorrow weren't a holiday here, I could get my IIN!

    Thanks Saylin, I might be bugging you some more in the next 4 months.

    California to Texas & Texas to California - Part 2

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    ok don't know how to react, definitely excitement with mixed exhaustive feeling. Thank you everyone for the information provided on this thread, it has helped a lot specially dear Angela's email address :) that worked for sure.

    Got the email today around 4.45 p.m. pst. Congratulations to all who got approved and hope everyone waiting get approved soon.

    Application Type: I130 , IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

    Your Case Status: Post Decision Activity

    On February 15, 2011, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly.

    WooHoo! I got the same exact message today at the same exact time. I wonder if this means we can call to get our NVC number soon?

    How long is the process

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    Honestly sometimes people luck out, other times they do not. I was part of 36,000 june/july applications that were transferred to "speed up processing." But for most of us that meant 7+ months before our petitions were approved and sent to NVC. My petition was just approved yesterday after nearly 7 months. I know that once I graduate to NVC it will be another 3+ months.

    But there have also been many lucky groups who's entire process took less than 6 months. Maybe you will be one of the lucky ones :)

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