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Ashcans
Jan 2, 2006

Let's do the space-time warp again!

bokbok posted:

Any chance with that in mind that they would be lenient on the $100,000? If we had $80,000? Super strict on the numbers? I might email the embassy on that one since it's pretty specific.

I would not expect them to be lenient. The numbers that they give you are not a guide, those are the rock bottom below which you can be denied out of hand. If you make $20,000 a year and are technically in the clear, the officer can still say 'Hey I notice that you are going to be living in Los Angeles, I don't think you have enough income and want to know how you realistically plan to support yourself' and then you'll have to address that question to their satisfaction.

A consular officer has basically unlimited authority to ask you questions and to press you on your application, and there is almost no grounds for reconsideration or appeal of a consular opinion (USCIS can also really turn the screws, but you at least have avenues of appeal if you are denied. Consulates basically get to say 'lol nope').

If you do not have the money, find a co-sponsor. Do not go into this planning to throw yourself on the mercy of an officer, because there is an 100% chance they have denied someone with a much better sob story than you and will have no heartache about canning you.

Pikestaff posted:

Ugh, this $19k point is the bane of my existence, because I make just slightly less. :smith:

I can get my dad to co-sponsor but his history with money and the IRS is horrid (he has declared bankruptcy like four times in my life). Is that going to look really bad or otherwise mess it up somehow?

edit: forgive another dumb question but can any of my fiance's income/assets count toward the total, or does it have to be (as I suspect) all me?

Just so this is clear, the target is the $19k, and if you don't have that, you can make it up by demonstrating assets equal to five times the shortfall.

This means that if you make $18,000, you don't need to show assets worth $100k - you're only a little bit shy, so you could technically show assets of $5k ((19000-1800) * 5) and you would clear the hurdle. Of course, the above argument still holds - if your case looks pretty marginal you may face additional questions and scrutiny about it, and you want to try and make your position as robust as possible.

The fact your dad has had a messy financial history doesn't bar him from being a co-sponsor; although it depends on what issues he has with the IRS. If he co-sponsors he is going to need to supply tax returns, and if he hasn't been filing or something (or they look horrendous because he owes them tons of money) then it might seriously undermine his contribution. If he just has a bad history but has been in the clear/above board for a few years, it would likely be fine.

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Sharks Below
May 23, 2011

ty hc <3
Hi guys. Just after some general advice. I'm marrying the love of my life who is American (a goon!) in October of this year. We are both living in Australia at the moment while I wait out my long service leave. We have kept careful record of our relationship, including lots of travel to visit each other in the 12 months after we met while we were apart, we have a joint bank account here in Australia, we live together and have lots of good friendships here, tonnes and tonnes of photos together etc.

As soon as we get our marriage certificate we plan to apply for a green card. Do we do that through consular processing? Is it still the Form I-130? We move to the States on the 13th of February; should we put off buying our plane tickets or is there some kind of bridging visa? I just find the whole thing pretty confusing and I know if you gently caress things up you can wave goodbye to ever living in the States so I want to make sure I do it properly.

Also, is there anything else we should be doing / keeping record of with regards to living together in Australia?

Ashcans
Jan 2, 2006

Let's do the space-time warp again!

You should start somewhere like this page to try and get a grip on the process.

Basically, once you are married, your spouse will need to file an I-130 petition. Unless you qualify for a special processing, it has to be filed with the USCIS lockbox in Chicago. They will adjudicate it, and once it is approved they will transfer the case to the National Visa Center, which will want you to submit a bunch of documents before you can have your appointment at the consulate.

Once you have your consular interview, you would get an immigrant visa stamp in your passport - you use this to enter the US as a permanent resident, and then in a couple weeks you get your conditional green card in the mail. Hooray.

If you are getting married in October, moving to the US by February is really optimistic. Processing times change, but its currently taking 8 months to process I-130s. After that you still have to handle the NVC, which could easily be several more months. Realistically, you could be looking at a year of processing before you get to the US, although processing times might clear up.

Beerdeer
Apr 25, 2006

Frank Herbert's Dude
Small thing- the lockbox doesn't adjudicate. I think Nebraska is getting the bulk of 130s to adjudicate now.

Sharks Below
May 23, 2011

ty hc <3
But isn't there some kind of bridging visa I can get for while I'm waiting? My fiancé's Australian visa runs out on the 3rd of March so he has to be gone by then. I mean, if we have to be apart then so be it but I'd really rather not :(

angel opportunity
Sep 7, 2004

Total Eclipse of the Heart
How many people here work a a DSO or ARO? I've been an ARO for two years now and am trying to figure out career paths etc. I have been applying to positions higheredjobs for several months. Since I began applying, I had one interview, but didn't get the job. I'm at one of the lower paying state schools right now, and I would love to move further north (and/or west). It seems like you have to switch jobs to get any form of real promotion. Maybe I am biased from where I work, but it seems like a really stagnant field and that my best bet is to try to find something else somewhat related that has better growth potential.

Sharks Below
May 23, 2011

ty hc <3

Ashcans posted:

You should start somewhere like this page to try and get a grip on the process.

Basically, once you are married, your spouse will need to file an I-130 petition. Unless you qualify for a special processing, it has to be filed with the USCIS lockbox in Chicago. They will adjudicate it, and once it is approved they will transfer the case to the National Visa Center, which will want you to submit a bunch of documents before you can have your appointment at the consulate.

Once you have your consular interview, you would get an immigrant visa stamp in your passport - you use this to enter the US as a permanent resident, and then in a couple weeks you get your conditional green card in the mail. Hooray.

If you are getting married in October, moving to the US by February is really optimistic. Processing times change, but its currently taking 8 months to process I-130s. After that you still have to handle the NVC, which could easily be several more months. Realistically, you could be looking at a year of processing before you get to the US, although processing times might clear up.
Do you mean that I have a consular interview here in Australia? Gosh. I'm pretty far from the consulate.

The K3 visa seems like it would allow me to live in the USA while we wait for processing.

"To be eligible for a K-3 nonimmigrant visa, an individual must:

•Be married to a U.S. citizen
•Have a pending Form I-130, Petition for Alien Relative, filed by the U.S. citizen spouse on his or her behalf."

I take it that would have to be filed by my future husband while he is in the USA and I am not, as well? But that it wouldn't take long to process then I could join my husband in the USA while we wait for the I-130?

The Dagda
Nov 22, 2005

Sharks Below posted:

Do you mean that I have a consular interview here in Australia? Gosh. I'm pretty far from the consulate.

The K3 visa seems like it would allow me to live in the USA while we wait for processing.

"To be eligible for a K-3 nonimmigrant visa, an individual must:

•Be married to a U.S. citizen
•Have a pending Form I-130, Petition for Alien Relative, filed by the U.S. citizen spouse on his or her behalf."

I take it that would have to be filed by my future husband while he is in the USA and I am not, as well? But that it wouldn't take long to process then I could join my husband in the USA while we wait for the I-130?

I don't know if this guy's information is correct, but he states that K3 processing is taking around 5 months, while I-130 processing is taking much longer these days: http://www.lexisnexis.com/legalnews...ork-around.aspx

Ashcans
Jan 2, 2006

Let's do the space-time warp again!

Sharks Below posted:

Do you mean that I have a consular interview here in Australia? Gosh. I'm pretty far from the consulate.

Yes, you will have to visit the US consulate in Australia for an interview. There are basically no waivers for this unless you are really old (like over 80). It is possible that there are multiple interview locations and you wouldn't have to go to Canberra, but I don't know - this is one of the things your fiance(e) can check with the consulate.

quote:

The K3 visa seems like it would allow me to live in the USA while we wait for processing.

My experience on using the K-3 has been pretty thin, and that link above explains why - historically, the processing of immigrant petitions has been such that you basically did not gain anything by filing it. Even now, with processing pushing toward 8 months, you may not shave much time on it. I have also heard that USCIS doesn't appreciate it because it essentially duplicates the function of the I-130, but that is kind of hearsay.

quote:

I take it that would have to be filed by my future husband while he is in the USA and I am not, as well? But that it wouldn't take long to process then I could join my husband in the USA while we wait for the I-130?
Your husband doesn't have to be in the US to file the I-129F (for the K-3) but you can't file it until the I-130 has been filed. So what you would be looking at is this:

1- Get Married
2- File I-130
3- Get I-130 receipt notice (~2 weeks to Australia?)
4- File I-129F
5- Wait
6- 5 months later, I-129F is approved. Case is transferred to NVC.
7- NVC requests documents, you submit them for review
8- NVC approves your case for interview, transfers it to the consulate
9- Consulate schedules an interview
10- Interview at the consulate
11- Arrive in America
12- File for Adjustment of Status

The reason this isn't popular is because even with processing times dragging, it's very possible that your I-130 will end up getting approved somewhere between 7-10; if that happens, they basically scrap your I-129F and convert it to the I-130 processing. In the past this might have caused delays when they changed over, but honestly they have gotten better on handling that stuff. At best, you end up saving yourself the difference in processing time between the petitions. In the past that was actually no time at all, and currently it's ~3 months; and you still wouldn't be in a position to travel in February. But these days filing the K-3 probably won't lose you anything, except the hassle of filing it.

The other thing to consider is that if you end up entering on the K-3, you are not automatically given residency (as happens with the I-130) Instead you have to apply for adjustment, which is another application with another fee ($1070). If you are tight on cash from a move and this whole process, that might be a consideration.

Spike McAwesome
Jun 18, 2004

Zombies? Or middle-management? I can't tell...

systran posted:

How many people here work a a DSO or ARO? I've been an ARO for two years now and am trying to figure out career paths etc. I have been applying to positions higheredjobs for several months. Since I began applying, I had one interview, but didn't get the job. I'm at one of the lower paying state schools right now, and I would love to move further north (and/or west). It seems like you have to switch jobs to get any form of real promotion. Maybe I am biased from where I work, but it seems like a really stagnant field and that my best bet is to try to find something else somewhat related that has better growth potential.

PM me. Seriously.

Sharks Below
May 23, 2011

ty hc <3

Ashcans posted:

Yes, you will have to visit the US consulate in Australia for an interview. There are basically no waivers for this unless you are really old (like over 80). It is possible that there are multiple interview locations and you wouldn't have to go to Canberra, but I don't know - this is one of the things your fiance(e) can check with the consulate.

My experience on using the K-3 has been pretty thin, and that link above explains why - historically, the processing of immigrant petitions has been such that you basically did not gain anything by filing it. Even now, with processing pushing toward 8 months, you may not shave much time on it. I have also heard that USCIS doesn't appreciate it because it essentially duplicates the function of the I-130, but that is kind of hearsay.

Your husband doesn't have to be in the US to file the I-129F (for the K-3) but you can't file it until the I-130 has been filed. So what you would be looking at is this:

1- Get Married
2- File I-130
3- Get I-130 receipt notice (~2 weeks to Australia?)
4- File I-129F
5- Wait
6- 5 months later, I-129F is approved. Case is transferred to NVC.
7- NVC requests documents, you submit them for review
8- NVC approves your case for interview, transfers it to the consulate
9- Consulate schedules an interview
10- Interview at the consulate
11- Arrive in America
12- File for Adjustment of Status

The reason this isn't popular is because even with processing times dragging, it's very possible that your I-130 will end up getting approved somewhere between 7-10; if that happens, they basically scrap your I-129F and convert it to the I-130 processing. In the past this might have caused delays when they changed over, but honestly they have gotten better on handling that stuff. At best, you end up saving yourself the difference in processing time between the petitions. In the past that was actually no time at all, and currently it's ~3 months; and you still wouldn't be in a position to travel in February. But these days filing the K-3 probably won't lose you anything, except the hassle of filing it.

The other thing to consider is that if you end up entering on the K-3, you are not automatically given residency (as happens with the I-130) Instead you have to apply for adjustment, which is another application with another fee ($1070). If you are tight on cash from a move and this whole process, that might be a consideration.

This is super helpful, thanks.

Does he have to be in the States to file the I-130? I guess really, there's no way to reduce the time we spend apart. This sucks so bad, way more than I thought it would. USA_immigration.txt I guess.

nullscan
May 28, 2004

TO BE A BOSS YOU MUST HAVE HONOR! HONOR AND A PENIS!

I feel silly for asking, but does that delay apply to the application of green card restriction removal? Wife's 2 year green card runs out this month and we sent the papers in back in February but haven't heard anything yet.

An Cat Dubh
Jun 17, 2005
Save the drama for your llama
I always thought you had to be residing in the U.S. in order to file the I-130 (unless you are residing in a country abroad where there is a USCIS office. There are none in Australia). You have to include the U.S. address where you reside on the forms and that's where USCIS would send the receipt notice/approval notice/everything else. I don't know about you, but I wouldn't want anything from USCIS sent to anyone but me, plus there is the issue of providing false/misleading information if you list the address of a friend or family member. Ashcans (sorry!) am I just talking out my rear end here?

Welcome to the wonderful world of U.S. immigration! Your route is actually probably one of the fastest to a green card. Brothers and sisters of U.S. citizens who are from certain countries will be waiting more than ten years for theirs.

An Cat Dubh
Jun 17, 2005
Save the drama for your llama

nullscan posted:

I feel silly for asking, but does that delay apply to the application of green card restriction removal? Wife's 2 year green card runs out this month and we sent the papers in back in February but haven't heard anything yet.

I-130, processing times are a separate thing but unfortunately most everything having to do with immigration takes a while.

Sharks Below
May 23, 2011

ty hc <3
I appreciate that it's the fastest route but it still means I have to live apart from my husband :cry:

Like there must be a way to live in the States and have no ability to work or use state resources or anything and still reside there with my family :(

Sharks Below fucked around with this message at 12:33 on May 20, 2014

computer parts
Nov 18, 2010

PLEASE CLAP

Sharks Below posted:

I appreciate that it's the fastest route but it still means I have to live apart from my husband :cry:

Like there must be a way to live in the States and have no ability to work or use state resources or anything and still reside there with my family :(

That's basically my girlfriend's plan when we finally get hitched (she's a student now but she has to go back to her family in China for a bit when she graduates) and we're still budgeting a year or so until she can finally come over for good.

poo poo sucks, I wish they'd just hire more people but there's probably some minimum wait time for processing I don't know about that would still make it like a 4 month wait.

Sharks Below
May 23, 2011

ty hc <3
Sigh. And I guess we can't apply for a fiancé visa now (while we are engaged) because we are getting married in October and as such will not be fiancés anymore when the visa is finally processed :(

Ashcans
Jan 2, 2006

Let's do the space-time warp again!

nullscan posted:

I feel silly for asking, but does that delay apply to the application of green card restriction removal? Wife's 2 year green card runs out this month and we sent the papers in back in February but haven't heard anything yet.

Processing time for the I-751 is usually six months. What do you mean by 'haven't heard anything'? You should have gotten a receipt from USCIS within two weeks of filing your application with a receipt number - this is particularly important because in the case of the I-751, the receipt also provides an automatic one year extension to resident status.

If you haven't gotten the receipt, you need to follow up and work out what happened to it. Check to make sure your filing fee check was cashed - if you can get a copy of the cashed check, USCIS will actually print your receipt number on the back, and you can use that to follow up and request another copy from the service center.

If you have gotten the receipt you are fine, you just need to wait until August.

An Cat Dubh posted:

I always thought you had to be residing in the U.S. in order to file the I-130 (unless you are residing in a country abroad where there is a USCIS office. There are none in Australia). You have to include the U.S. address where you reside on the forms and that's where USCIS would send the receipt notice/approval notice/everything else. I don't know about you, but I wouldn't want anything from USCIS sent to anyone but me, plus there is the issue of providing false/misleading information if you list the address of a friend or family member. Ashcans (sorry!) am I just talking out my rear end here?
Not exactly - if you are outside the US and there is no international USCIS office, you can still file an I-130 with the Chicago Lockbox. The form does require the US address where your spouse intends to live, but you would generally be in the clear to put a temporary address here - I would even put a flag to an addendum explaining that there isn't a US address at this point and that will be resolved as they move to the US; it shouldn't be a significant hurdle.

But yes, this means that you need to be comfortable getting your mail and stuff sent to you in Australia, and hoping that USCIS or the post doesn't screw that up. Fortunately mail to Australia isn't terrible, but you can imagine this is total poo poo when you are filing from many countries. This is one of the ways that a lawyer is useful - you would use their address for communication and not worry about it.

Sharks Below posted:

Sigh. And I guess we can't apply for a fiancé visa now (while we are engaged) because we are getting married in October and as such will not be fiancés anymore when the visa is finally processed :(

Unfortunately you are kind of stuck unless you want to modify your plans. If you are willing to move around the date of your marriage, that could help with the situation - if you get married earlier, for instance, you can file the I-130 sooner and possibly have things squared up by February; if nothing else, it will reduce the separation time accordingly. There is nothing stopping you from having a legal marriage squared away in advance of your big ceremony, even - lots of people managing immigration constraints end up having multiple ceremonies to accommodate the logistics. This means weighing your immigration needs against your other priorities and beliefs - are you ok being technically married for several months before your big ceremony with friends/family?


Yea, immigration processing bites, and it is a mostly heartless process. Most people do not realize that you need to start really looking at this stuff way, way ahead of your intent - I mean, we are talking about a move in almost a year, and you're finding out you're running late. I can't tell you the number of times someone has come in saying 'Oh, and we need this done in two weeks' and you have to let them know that its going to be six months and that USCIS doesn't give the slightest crap about how it messes up your life.

angel opportunity
Sep 7, 2004

Total Eclipse of the Heart

quote:

Yea, immigration processing bites, and it is a mostly heartless process. Most people do not realize that you need to start really looking at this stuff way, way ahead of your intent - I mean, we are talking about a move in almost a year, and you're finding out you're running late. I can't tell you the number of times someone has come in saying 'Oh, and we need this done in two weeks' and you have to let them know that its going to be six months and that USCIS doesn't give the slightest crap about how it messes up your life.

Put this in the OP

Ashcans
Jan 2, 2006

Let's do the space-time warp again!

Edit: ^^ I would love to, the OP for this thread sucks, but the guy who started the thread abandoned it pretty much immediately. Maybe we should make a new thread with a useful OP.

computer parts posted:

poo poo sucks, I wish they'd just hire more people but there's probably some minimum wait time for processing I don't know about that would still make it like a 4 month wait.

Double posting for this sidenote. USCIS basically does not have enough staff; they have set target processing times for each application, and shuffle around staff trying to get as much on target as possible. Inevitably this means that when one group of cases slows down badly, it's because they are trying to clear a backlog elsewhere.

Right now I-130 processing sucks; it's almost certainly because USCIS had a flood of employment-based petitions over the winter due to some priority date quirks. They are also dealing with the H-1B cap petitions now, which have been processing very quickly - I assume they are trying to get them all cleared as quick as they can and then they'll rebalance their staffing again. The only time that we had almost all processing going smoothly was when the economy sucked and applications simply dropped sharply.

As for hiring more people, USCIS is almost completely funded by the fees paid by applicants. They could triple their staff, if they wanted to, but it would mean raising all their fees to get the money for it, which would basically price some people out of immigration. It's kind of a crappy situation all around, with the only advantage being that USCIS didn't stop working when the government poo poo the bed in the fall. I do wish they would offer Premium Processing (pay for expediting) for more applications though.

Although I don't think that they can offer that on I-130s - one of the reasons those always took a while is because information is shared out to security agencies for background checks. Any time you submit a G-325A, a copy of that is going out for background/crime checks, and USCIS has no control over how long that takes and limited ability to override them.

Sharks Below
May 23, 2011

ty hc <3

Ashcans posted:

Unfortunately you are kind of stuck unless you want to modify your plans. If you are willing to move around the date of your marriage, that could help with the situation - if you get married earlier, for instance, you can file the I-130 sooner and possibly have things squared up by February; if nothing else, it will reduce the separation time accordingly. There is nothing stopping you from having a legal marriage squared away in advance of your big ceremony, even - lots of people managing immigration constraints end up having multiple ceremonies to accommodate the logistics. This means weighing your immigration needs against your other priorities and beliefs - are you ok being technically married for several months before your big ceremony with friends/family?

That's definitely something that we've been discussing. It breaks my heart a bit, I don't have any religious beliefs or anything but we are having a destination wedding with just our closest friends and they've already bought their flights etc, so I worry that they'll be like "oh cool yeah I'm stoked to have paid that much money for your fake wedding" or whatever :(

If we decide to keep that little factoid to ourselves and basically pretend we got married for real at our already-arrange ceremony, would that look bad for us to immigration or would they really not give a crap?

Sharks Below
May 23, 2011

ty hc <3
Silly question probably, but with the interview thing, do I have to attend at a consulate in Australia? Or could I go to one in another country?

V: Ok, point taken.

Sharks Below fucked around with this message at 05:28 on May 21, 2014

Beerdeer
Apr 25, 2006

Frank Herbert's Dude
Call the 800 number.

kiriana
Mar 8, 2011
I am currently a perm resident, Canadian citizen. Married for almost 11 years blah blah 2 kids blah live in GA. I want to get my citizenship, for so many reasons, it just makes sense at this point in our lives. Is dual citizenship a "thing", I am finding so much conflicting information about it. I also want my daughters to have dual, but that's something I believe I deal with Canada for.

Ashcans
Jan 2, 2006

Let's do the space-time warp again!

Maybe this will provide some clarity.

If not, please try rephrasing your question more precisely. It is so vague as to be unanswerable.

Beerdeer
Apr 25, 2006

Frank Herbert's Dude
The US doesn't officially care about dual citizenship. Getting US citizenship doesn't automatically mean you lose any other you have.

kiriana
Mar 8, 2011
Thank you. I apologize for sounding vague about it, it was basically about can I be a dual citizen.

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

kiriana posted:

Is dual citizenship a "thing", I am finding so much conflicting information about it.

You'll do yourself a huge favor and make people much more inclined to reply, particularly in important matters, by finishing questions with question marks, not using run-on sentences, and not asking about "stuff" and "things". Be as specific as possible.

Also, keep in mind that in immigrations, there will always be conflicting information, because everybody knows someone who went though something or heard something, and it's often wrong to begin with or gets distorted by going through many ears and mouths. The sources I'd use are written government information, Wikipedia, VisaJourney and good lawyers. They may all come with their own caveats, but I haven't seen them give out conflicting information about your subject.

Harvey Baldman
Jan 11, 2011

ATTORNEY AT LAW
Justice is bald, like an eagle, or Lady Liberty's docket.

I'm a U.S. citizen in a relationship with a woman from the U.K. She has applied for, and been accepted to, a graduate degree program at a college in the U.S.

Her I-20 indicates that the educational program starts on September 3, 2014. I know the F-1 VISA rules allow for entry up to 30 days prior to the start of study, which would make that August 4, 2014.

The real problem we're dealing with is that we need more time in advance of the school semester starting to resolve a couple practical issues. She does not currently have a driver's license, and will need to pass the tests here to get licensed, as she will require a car to get to and from school. Public transportation is unfortunately very limited here, and I'll lose my job if I have to drive her around everywhere. I'd love to try and get her here some time earlier in July if I can so that we have enough time to work these problems out.

Now, as I understand it, she can also have a Visitor's (B) Visa on her passport in addition to the F-1 Visa, and she could potentially be let into the country earlier on that. She would then have to file a change of status with the U.S. to switch over from her B visa to the F-1 some time in August. My concern is that by all indications this process takes a lot of time, and isn't something easily done inside of a month, so we'd be risking the possibility that she wouldn't be switched over to the F-1 in time to actually start her studies. An option that has been suggested, due to the fact that we live reasonably close to the Canadian border, is that she enter on a B visa in July, and then when August rolls around, we drive up into Canada and then she re-enters the country on her F-1 Visa. Is this kosher? Can we expect any problems with this approach?

Lastly, is it practical or possible to use the Visa Waiver Program instead of a B Visa for the same purpose - to get her here earlier, in July? Would we have to do the same thing, duck up into Canada and come back in on her F-1 visa?

Edit: to correct some dates.

Harvey Baldman fucked around with this message at 17:43 on Jun 5, 2014

Spike McAwesome
Jun 18, 2004

Zombies? Or middle-management? I can't tell...

Funky Bunch Wikia posted:

I'm a U.S. citizen in a relationship with a woman from the U.K. She has applied for, and been accepted to, a graduate degree program at a college in the U.S.

Her I-20 indicates that the educational program starts on September 3, 2014. I know the F-1 VISA rules allow for entry up to 30 days prior to the start of study, which would make that August 4, 2014.

The real problem we're dealing with is that we need more time in advance of the school semester starting to resolve a couple practical issues. She does not currently have a driver's license, and will need to pass the tests here to get licensed, as she will require a car to get to and from school. Public transportation is unfortunately very limited here, and I'll lose my job if I have to drive her around everywhere. I'd love to try and get her here some time earlier in July if I can so that we have enough time to work these problems out.

Someone on the previous page asked some similar questions. http://forums.somethingawful.com/showthread.php?threadid=3501527&userid=0&perpage=40&pagenumber=8#post429421772

The one thing that's going to differ from state to state is this: Whether or not the DMV would even allow someone on a B-2 to get a first time driver's license. If she has a license in the UK, she can use that temporarily once she arrives in the US. If not... I mean, it'd really be up to the DMV in your individual state. So having her arrive early on a B-2 (or a waiver) might not be worthwhile.

Harvey Baldman
Jan 11, 2011

ATTORNEY AT LAW
Justice is bald, like an eagle, or Lady Liberty's docket.

Spike McAwesome posted:

Someone on the previous page asked some similar questions. http://forums.somethingawful.com/showthread.php?threadid=3501527&userid=0&perpage=40&pagenumber=8#post429421772

The one thing that's going to differ from state to state is this: Whether or not the DMV would even allow someone on a B-2 to get a first time driver's license. If she has a license in the UK, she can use that temporarily once she arrives in the US. If not... I mean, it'd really be up to the DMV in your individual state. So having her arrive early on a B-2 (or a waiver) might not be worthwhile.

Oh hey, look at that. That's her. I didn't know she posted in the thread. :D

Practically speaking, I'd probably be trying to teach her how to drive on private property prior to any interaction with the DMV in July. She has no idea how make car go.

nullscan
May 28, 2004

TO BE A BOSS YOU MUST HAVE HONOR! HONOR AND A PENIS!

Ashcans posted:

Processing time for the I-751 is usually six months. What do you mean by 'haven't heard anything'? You should have gotten a receipt from USCIS within two weeks of filing your application with a receipt number - this is particularly important because in the case of the I-751, the receipt also provides an automatic one year extension to resident status.


As a follow up, we sent the papers in April and just received the 10 year card yesterday. No receipt or correspondence until today either!

Maybe it's because I'm Military stationed overseas, but I didn't even have to do the interview. Just another case of US Bureaucracy being unfathomable? But I guess I shouldn't look a gift horse in the mouth.

oishii
Aug 13, 2006
hat
So, my OPT is ending in August, and it looks like I lost the H1-B lottery this year.
However, since I apparently have the worst immigration lawyer ever ("forgot" that I was a Canadian citizen :effort:), and they suddenly now remembered that I could be eligible for a TN Visa (after I researched it and brought it up) I am now trying to scramble and apply for that.

I'm trying to decide if I want to apply from within the U.S. or if I should go back to Canada and apply at the border. I hate dealing with border crossing / immigration and have had nothing but awful experiences with them (Toronto Pearson International Airport) so I was just wondering if anybody had any advice / personal experience? Am I just being paranoid and it's not a big deal? Or should I just go ahead and apply for a Change of Status and all that from here?

Ashcans
Jan 2, 2006

Let's do the space-time warp again!

nullscan posted:

As a follow up, we sent the papers in April and just received the 10 year card yesterday. No receipt or correspondence until today either!

Maybe it's because I'm Military stationed overseas, but I didn't even have to do the interview. Just another case of US Bureaucracy being unfathomable? But I guess I shouldn't look a gift horse in the mouth.

This is old, but it's not unusual for a I-751 to be approved without an interview, as long as the couple is both signing the petition and still shows a semblance of a joined life. It's if the sponsor won't sign or something looks weird now that you get called in (there might be some random sampling too). I don't think being military could have hurt though!


oishii posted:

So, my OPT is ending in August, and it looks like I lost the H1-B lottery this year.
However, since I apparently have the worst immigration lawyer ever ("forgot" that I was a Canadian citizen :effort:), and they suddenly now remembered that I could be eligible for a TN Visa (after I researched it and brought it up) I am now trying to scramble and apply for that.

I'm trying to decide if I want to apply from within the U.S. or if I should go back to Canada and apply at the border. I hate dealing with border crossing / immigration and have had nothing but awful experiences with them (Toronto Pearson International Airport) so I was just wondering if anybody had any advice / personal experience? Am I just being paranoid and it's not a big deal? Or should I just go ahead and apply for a Change of Status and all that from here?

Well, first of all this is kind of something that your attorney should be talking to you about. If they are terrible and your company agrees, feel free to find a new one that you find competent!

What do you mean by an awful experience? Are we talking about typical immigration-is-lovely stuff, or are you getting grilled about a particular thing that keeps coming up? The advantage to filing a Change of Status is that USCIS is less likely to grill you on your immigrant intent, and if they have problems with your application they will issue an RFE that you can carefully respond to instead of grilling you when you are tired and confused and require immediate replies.

Filing in the US is more expensive though, particularly because you are probably going to need to Premium Process to get an approval by August. Applying straight at the border is faster and simpler (assuming it works) and gets stuff done more easily. We only Change of Status people for TN when they can't travel or there is some particular issue we want to really control the dialogue on.

Bear in mind that even with a USCIS approval, if you travel to Canada you are going to run that gauntlet at some point or another. Having an approval in hand might make it a little easier, but it comes back to what the nature of the hassle you are getting at the border is.

Sharks Below
May 23, 2011

ty hc <3
As an update, fiance and I have decided to get legalmarried next Saturday the 28th of June then when we get our certificate we will apply for our visa. I know we're looking at a super long wait (probably 12 months) but at least it'll be started sooner than November, which is what we were looking at before we decided on this path. He has to leave in Feb so hopefully we won't be apart too long :(

oishii
Aug 13, 2006
hat

Ashcans posted:


Well, first of all this is kind of something that your attorney should be talking to you about. If they are terrible and your company agrees, feel free to find a new one that you find competent!

What do you mean by an awful experience? Are we talking about typical immigration-is-lovely stuff, or are you getting grilled about a particular thing that keeps coming up? The advantage to filing a Change of Status is that USCIS is less likely to grill you on your immigrant intent, and if they have problems with your application they will issue an RFE that you can carefully respond to instead of grilling you when you are tired and confused and require immediate replies.

Filing in the US is more expensive though, particularly because you are probably going to need to Premium Process to get an approval by August. Applying straight at the border is faster and simpler (assuming it works) and gets stuff done more easily. We only Change of Status people for TN when they can't travel or there is some particular issue we want to really control the dialogue on.

Bear in mind that even with a USCIS approval, if you travel to Canada you are going to run that gauntlet at some point or another. Having an approval in hand might make it a little easier, but it comes back to what the nature of the hassle you are getting at the border is.

Thanks again for the reply Ashcans!

I guess I just hate the typical immigration-is-lovely stuff. Many years ago I was detained for like 3 hours where they questioned me and took my fingerprints and all that jazz (I was a bum living at home and was back and forth visiting my friends in the US a lot, I guess they thought I was working or something?). They didn't find anything and just let me go, but it just stuck with me for a long time.

I haven't had any problems travelling with my F-1 in the past few years though, so perhaps I'm worried for nothing :) If that's the case then maybe I will go back and apply at the border and get it done with rather than waiting around. Thanks!

Queen Elizatits
May 3, 2005

Haven't you heard?
MARATHONS ARE HARD

oishii posted:

Thanks again for the reply Ashcans!

I guess I just hate the typical immigration-is-lovely stuff. Many years ago I was detained for like 3 hours where they questioned me and took my fingerprints and all that jazz (I was a bum living at home and was back and forth visiting my friends in the US a lot, I guess they thought I was working or something?). They didn't find anything and just let me go, but it just stuck with me for a long time.

I haven't had any problems travelling with my F-1 in the past few years though, so perhaps I'm worried for nothing :) If that's the case then maybe I will go back and apply at the border and get it done with rather than waiting around. Thanks!

Ha border crossing is the best/worst. I got stopped once and I was there about the same time as you. Two agents questioned me for awhile, that was what took the longest, and then they went and searched the car. They came back inside less than five minutes later with my three empty coffee cups and asked if I had drank all of them that night. When I said yes they actually apologized and sent me on my way. I guess I must have looked like I was on drugs or something really I had just been up for 30 hours and was full of caffeine.

Miranda
Dec 24, 2004

Not a cuttlefish.
Apologies if this has been asked before but, what kind of evidence or preparation should we make for our interview?
I'm Australian, met my US husband in Egypt (it's a pretty awesome and unbelievable story but it's true!), came over on a student visa. Just graduated and got a job in neonatal nursing. Should I bring evidence of my job or anything like that? Or just relationship evidence? Or not bother.

Ashcans
Jan 2, 2006

Let's do the space-time warp again!

You should bring a copy of whatever you submitted to USCIS, in case they ask you for something you already sent (which happens).

You should bring updated evidence of your relationship - current statements for a shared bank account, lease if that has changed, pictures taken of you guys since the original petition, sex tape (don't do this) etc.

Make sure you have all your original status documents, like passport, copy of your I-94 from your last entry, I-20s and EAD, etc. You probably included copies of this when you filed the petition but having the originals is good too.

If you relied on your income in any way to complete the I-864, then you should bring evidence of your employment, like recent paystubs. If the support was entirely from your husband, then it's not a bad idea to bring some current documentation of his income.

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Miranda
Dec 24, 2004

Not a cuttlefish.

Ashcans posted:

You should bring a copy of whatever you submitted to USCIS, in case they ask you for something you already sent (which happens).

You should bring updated evidence of your relationship - current statements for a shared bank account, lease if that has changed, pictures taken of you guys since the original petition, sex tape (don't do this) etc.

Make sure you have all your original status documents, like passport, copy of your I-94 from your last entry, I-20s and EAD, etc. You probably included copies of this when you filed the petition but having the originals is good too.

If you relied on your income in any way to complete the I-864, then you should bring evidence of your employment, like recent paystubs. If the support was entirely from your husband, then it's not a bad idea to bring some current documentation of his income.

I'm pretty sure it's all based on his income but I did just get hired as an RN, would it be any good to bring a copy of my contract if I have it?
I have photos but none are dated...obviously a lot of our photos are online, should I get a bunch printed? We haven't done a joint bank account yet, mainly because I've been poor as poo poo, is it worth setting it up now given it's next week?

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