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Posts posted by CanadaLove
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I personally would bring copies of everything sent to NVC, both from the petitioner and the beneficiary. That way, you can get any originals back you wish and if there's something wrong, or one of those copies are needed.. you have them.
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Cancelling the return trip if not going to be used is going to be a good idea anyway. The CBP can say you've abandoned your status due to your name being on the outbound flight roster if you don't, then choose to take a trip back to your home country a few years later.
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Department of State.
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Any form that has signature must be original. If you don't send original, you are guaranteed to get a RFE.
Then your case will be delayed even more and then you still would have to wait forever to mail it.
Bolding mine. I had my husband sign his G325 in blue ink, then had him scan it and send it. I printed it out in color, and did NOT get an RFE.
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Congrats on the interview success! I would say wait as well; it'll be cheaper in the long run for you to get that 10-year green card.
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*waves hello* I really, really didn't want to be here. *glares at husband, who apparently needs to be dragged through everything*
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Dirty mouth!
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One other possible option is for your husband to file 'married, filing singly' and report that you have no SSN and then file a modified return of 'Married, filing jointly" after you receive the number. That would allow him to file and avoid any penalties for late filing. Depending on your own tax situation it would probably be to your benefit for the two of you to file 'married, filing jointly' with you including your Canadian based 'World' income on the return,and then claiming a Foreign Tax credit which basically cancels out that income, but makes the two of you eligible for all sorts of 'married' benefits. Someone else more knowledgeable about US taxes should probably chime in here to verify that this is an option that but I believe it is. It would also mean having to do the tax returns twice and completely different each time.
As someone more familiar with US taxes, I can agree that the above is true. I've been filing 'married filing separately' for the past 5 years, and have never had an issue with the IRS. The only problem is that I can't file electronically. I've also asked my (very, very good) accountant about this previously, and the information above corroborates with what he's said.
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OP, my answers to you are simple. Don't lie to the CBP, but don't volunteer more information than necessary. Just simply say you're going to get married, and then leave in a couple weeks to wait out the CR-1 process in Australia. He'll have his return ticket/itinerary to show for proof he intends to leave, and mentioning the process shows he knows how to do this legally.
Your second question is easy. He can file here, then leave and not be affected.
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So close! He started the form, but got stymied by the 'all addresses since 16' question, and his mother was out of the house. I have already warned him I will be asking about it when I get home from work tomorrow (which is late, so he should have time to ask and get going on it again).
*cracks whip*
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Hah, I pissed off my husband today (well, yesterday, since technically is past midnight) by getting bitchy at him through email but you know what? I got my damn scans. And also glad I didn't bother to wait for the cropped scans he said he'd work on at work.. now to ride his @ss and poke it with pins till he gets the DS260 done.. *sighs*
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Happy Yule, y'all.
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Lovely photo above.. thanks for the linkages!
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Oh hallelujah my husband FINALLY has his damn police report. Now he'd better give me an awesome christmas present in my inbox comprised of scans of said PC, his BC and the passport bio page.. OR ELSE. *cracks knuckles*
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*snickers* article was written before the comet actually passed through the corona - it survived, but lost its tail!
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*rolls* AWESOME.
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Hi Piglett! Glad to see I'm not the only one left out of our group still at NVC.
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edit:
I just checked to see if Costa Rica allows DCF, and they don't.
Then you'll have to go through the long wait most of the rest of us are going through. You'll send your I-130 to the Chicago lockbox, and from there it will either be sent to California or Vermont for processing. You still need to check (or someone familiar with CR should chime in) if CR is strict on the USC re-establishing domicile ahead of the beneficiary getting zir visa.
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I'll give a general answer to your questions, someone who is more familiar with CR can chime in with specifics.
No, you don't have to be in the US to start the process. Some consulates are sticklers for the USC to re-establish domicile ahead of the spouse getting zir visa, though. Also, you may want to look into seeing if Direct Consular Filing (DCF) is available for CR, as that will shave off time to get said visa.
As for your second question, no, the spouse does not automatically gain US citizenship upon marrying a USC. Dual citizenship may be allowed by the CR government; the US realizes dual citizenry exists, but does not officially endorse it.
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@Laure&Colin - Dunno about the first two but the answer to your third question is you get your alien number when you get your green card.
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http://www.cic.gc.ca/english/information/faq/citizenship/index.asp?q=dualCit
Above is the official word from Immigration Canada. Your hubby won't lose his Canadian Citizenship unless he chooses to renounce it.
I hope this helps!
Yes it does, thank you!
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Heh, I mainly posted it for the first paragraph stating that since 1977 Canadians could hold dual citezenships. Didn't really read the rest.
ETA: and you're putting my mind more at ease.. I thought that was true, as reading here I've seen Canadians go for the dual-citizenship, but he was adamant about his government source being correct.
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The sitch: my husband (the petitioner) has potentially found a job he likes in Canada. For now, we're continuing with the process and keeping all options open.. one being him leaving that job on good terms and then us moving back to Canada when he gets his US citizenship.
He kind of nixed the idea of getting US citizenship as he has heard that Canada only recognizes grandfathered dual citizenship, but does not recognize them any longer. Is this true? I found this source on it, but can anyone point me to any corrobative evidence? I'm apparently going up against a government source.
They better let my husband across the border!
in Canada
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So sorry for the loss of your grandmother, Sheeshkabelle.