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Would anyone here be willing to let me interview them for a nursing paper about culture and immigrating to the US? We could interview via Skype, FaceTime, ooVo, whatever. I would like to do the interview tonight or tomorrow as my paper is due Monday.
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Nov 6, 2014 00:10
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SuzieMcAwesome posted:Would anyone here be willing to let me interview them for a nursing paper about culture and immigrating to the US? We could interview via Skype, FaceTime, ooVo, whatever. I would like to do the interview tonight or tomorrow as my paper is due Monday. I guess I'd be pretty useless seeing as how I'm in Australia so not a wildly different culture or language and I'm not actually there yet?
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Nov 6, 2014 00:16
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Ashcans posted:My understanding is that those organizations are not really doing anything that you cannot do for yourself. They do not have any sort of inside track to getting appointments at the consulate that aren't open to other people. What they actually do is pay someone to come in early in the morning and hammer 'refresh' on the appointment site to grab the appointments as soon as they come up. Thanks for the information. I believe she's eligible for the automatic revalidation. Unfortunately, she already paid the $190 fee for the new visa and canceling the application would forfeit that.
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Nov 6, 2014 00:54
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Rated PG-34 posted:Thanks for the information. I believe she's eligible for the automatic revalidation. Unfortunately, she already paid the $190 fee for the new visa and canceling the application would forfeit that. Oh no, too late to help!  I think that the MRV fee stays valid for up to a year, so if she is having issues finding a good appointment time during the trip, she could use revalidation during the holiday and then make a trip to renew her visa at another time when it is less busy. Renewing visas in Canada has gotten really popular, so they dramatically cut the numbers of appointments available during the summer and winter to try and limit it. We had some people burned on it this year. Sharks Below posted:Ashcans you are so magical. I hope it all goes smoothly! The distance some people have to travel for the appointments is crazy. The basically pared immigrant visas down to one location per country, and it sucks if you aren't living there. If you're Canadian you have to travel Montreal, regardless of where you live, and I think all immigrant visas in China go through Beijing. Its one of those trends I really hate, but that's how its going to be now.
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Nov 6, 2014 23:15
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Pity it won't be in time for Christmas, but oh well.
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Ashcans posted:I hope it all goes smoothly! Even the panel physicians in my state are at opposite ends and I'm in the middle (this is a state that would take an entire day and a half to drive end to end) and they charge around $500 for a medical which seems ridiculous to me. What do they even do? It seems like they take an xray and interpret what your own physician sends them. Licence to print money. Jerks! It'd be ok if I could do both things at once (medical then interview next day or whatever) but I am assuming medicals take time to be typed up etc.
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Nov 7, 2014 00:25
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Wow, $500 is pretty steep. Domestically the cost is usually somewhere around $100-$200, but obviously there is more competition to push prices around. The point of the medical is basically to make sure that you are not a plague-carrier who is going to bring a host of sickness and death with you (or, more accurately, ensure that you are not a public health risk or that you will likely become a public burden in your illness). Mostly this means screening you for specific illnesses and ensuring you have all the recommended vaccines. The medical often takes ~a week to complete, because it may require bloodtests and so on. The most common cause for a delay is that the exam involves a test for TB, which is done as a skin test and takes a few days to be confirmed. However, a lot of countries still vaccinate for TB, and if you received the TB vaccine the skin test will actually deliver a false positive - in which case you need to go and get an x-ray to verify that you do not actually have active TB. The whole thing is kind of dumb, because it's not like most non-immigrants have to pass the medical, so plenty of people are coming in and out of the US without this screening. And when people are adjusting it is really dumb, because at the point they are being 'screened' they are already in the US and have probably been here for years, so the whole thing is pretty late to warn anyone. Edit: It's conceivable that you could talk to one of the doctors and see if they will work with a doctor in your area to get the necessary bloodwork/screenings done and then just sign off on reviewing the results. I don't know if they would do this, it's a little sketchy but I definitely know physicians in the US do it. 
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Nov 7, 2014 03:16
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Yeah, everything in Australia is steep but this is particularly a bastard because it's not claimable on Medicare! I sure am gonna miss universal healthcare. Anyway doesn't matter, it has to be done and they can charge whatever they want, there's only the two in the whole state and they're 2000km apart so it's not like they're really competitors. No TB vaccinations because it's so uncommon here, though I believe it is common practice to do an x-ray here which requires interpretation of course. Some people get TB vax before they travel to certain places but I've never had it. I was on Guam a few times last year so I think I will need an x-ray since that is considered high-risk. I live sub-tropically too so there's that. I have no communicable diseases, go to the gym regularly and am generally healthy so I am not worried about the medical really it's just super inconvenient! I like your idea but I'm not willing to take the risk. So far we have been obnoxiously truthful and honest and done everything as much by the book as possible so I think I'll just continue that trend 
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Nov 7, 2014 04:56
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Ashcans posted:The medical often takes ~a week to complete, because it may require bloodtests and so on. The most common cause for a delay is that the exam involves a test for TB, which is done as a skin test and takes a few days to be confirmed. However, a lot of countries still vaccinate for TB, and if you received the TB vaccine the skin test will actually deliver a false positive - in which case you need to go and get an x-ray to verify that you do not actually have active TB. Do they actually look at the x-rays at all? The doctor who x-rayed me said that I should carry the x-rays with me through immigration because they're gonna want to look at them. When I finally entered the US I asked the TSA people if they wanted to look at them, and they were basically "nah, it's cool brah" and sent me on my way. And regarding that I-824 I filed earlier, it was for a duplicate I-797 approval notice so fingers crossed that it won't take a full 90 days. I think it was through the California office if that matters. And thanks for your answers, they're really informative. I'm sure they have a ton of things to do at the places where they process these forms at, but the glacial waiting times are rapidly turning me into a nervous wreck. At this point my I-94 is set to expire way before my adjustment of status to permanent resident will have gone through the bureaucracy, but at least they can't throw me out while they're processing that, right? 
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Nov 7, 2014 07:05
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Nuclear Tourist posted:Do they actually look at the x-rays at all? The doctor who x-rayed me said that I should carry the x-rays with me through immigration because they're gonna want to look at them. When I finally entered the US I asked the TSA people if they wanted to look at them, and they were basically "nah, it's cool brah" and sent me on my way. No, the immigration/consulate people will basically never look at them. They don't have the expertise to really look at them, so they rely almost entirely on what is in the medical form. The doctor should have checked something along the lines of 'xray done, it's cool' and they'll just trust that. quote:And regarding that I-824 I filed earlier, it was for a duplicate I-797 approval notice so fingers crossed that it won't take a full 90 days. I think it was through the California office if that matters. It's not really clear to me what is going on here, so I am just kind of going to throw out some thoughts that might be useful to you? 1) It sounds like you filed an extension/change of status, and your previous I-94 is expiring? If that was approved, you are still in status even if there is some issue where the approval notice is missing/etc. The only thing that would be a real problem is if they actually screwed up the approval so that it has the wrong dates on it, and that is what you are trying to get fixed. Even then, as long as you have stuff with USCIS you have some basis. 2) If you have a I-485 pending, that provides you the ability to stay on the US even if something happens to your prior status. If you were in status when you filed the I-485 and it is now underway, it is ok for your current I-94 to expire. Just be careful about traveling. Also if something happens with your I-485, then you would be without status, so that is a thing.
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Nov 8, 2014 02:58
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Thanks, that's pretty much what I wanted to know. Apologies if I sounded confused.
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Nov 8, 2014 03:43
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Ashcans/other knowledgeable goons, my green card application just hit a snag and I could use some advice. I'm British and my wife is American. Up until last year she was in the UK on a student visa but her studies ended and she had to return to the US. We decided it'd be best if I joined her in the USA and so we filed an I-130 back in January. Obviously, we didn't particularly want to spend a year apart and thought the best course of action was to take a working holiday year in New Zealand! Last month, we heard back from USCIS that the I-130 had been approved and they were passing it to the NVC. The snag here is that it turns out New Zealand is really great (there are penguins!); more importantly my wife managed to land a fantastic job that was very willing to sponsor a visa for the both of us. So between filing and getting accepted in the US we'd already moved countries, decided to stay and gotten 3 year NZ work visas. We plan to head to the US after those three years. I'm not entirely sure what to do now my immigration plan has changed from "ASAP" to "in 3 years time". I'm kind of stuck between abandoning and reapplying in 3 years or stalling the NVC. - Is it a good idea or even possible to keep stalling the process for that long? - How would having an outstanding application affect short trips to the US, eg 2 weeks with her parents for Christmas? It seems I can still travel under the VWP but would have to bring along a ton of documentation to prove that I'm not trying to circumvent immigration rules and could easily be denied entry if the CBP guy is in a bad mood... - Would having an abandoned immigration application on file affect another application later? Any help on these would be appreciated!
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Nov 9, 2014 22:14
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There is kind of a lot going on here. I think this is something that you would benefit from working with an attorney on, partly because it would make managing the situation from NZ a little easier, and also because you might end up negotiating some tricky areas. You can certainly stall your application with the NVC. The NVC is very used to dealing with people who don't have anything ready and take forever to get their acts together. Stalling is basically just not giving them everything quickly - the NVC will keep working on your process and gently prompt you periodically until they have had literally no contact from you for a year, at which point they consider your process abandoned (in practice they will actually contact you a couple more times trying to get you to do stuff, and then finally let you go). So that is an option. If you let your NVC process lapse (you might be able to just ask them to close it, I am honestly not sure, I have never had call to do that), it doesn't revoke your I-130 - you should be able to reopen it at a later date using the same petition. Practically speaking I don't know there is much difference beyond that and just stalling the NVC. The problem is that having an open or available immigrant process is going to complicate your travel as a visitor. We generally straight up tell people not to try entering the US while they are working on their immigrant process, although it is technically possible. You would have to have a very convincing argument that you are really going back to NZ and not going to try to adjust, and the real kicker is that there is no way to know it's going to work until you clear entry. Getting refused entry to the US after flying from NZ is no joke, and a refused entry will complicate any future non-immigrant travel as well (if you get refused, you can no longer use the Visa Waiver program, for example). Even if the process is closed with NVC, having a valid I-130 creates a similar problem. You can withdraw the I-130, I think, and that would reduce the risk (although if you are traveling to the US with your US spouse, there will always be some level of suspicion - it greatly helps if your US spouse is living outside the US and you can both show reasons to return, though.) Withdrawing the I-130 should not prejudice any future application - unless an application is withdrawn or canceled for reasons of ineligibility or fraud, there is generally no issue with reapplying at a later date. You are just going to be stuck having to redo the whole thing down the line, which will be a pain. How confident are you that you are coming to the US in 3 years? Is it possible you are going to love NZ and decide to stay there?
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Nov 10, 2014 15:22
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Haha, I suspected we were being special snowflakes! Certainly explains why none of the specialist immigration forums I found had any info. Three years is a "most likely scenario" deal. Without going into too much detail, the industry my wife's in is almost entirely dominated by the US market, so despite being based in NZ the company she's with is very US-focused and is very keen on opening an office there. As a native, she's a natural choice to transfer over and three years is the current estimate of when that will happen. If that doesn't happen for whatever reason, then to progress in her career she'd still likely move to the US. Despite my incredible skills at painting tiny space mans, I work retail so my career isn't really a concern  The problems with visiting are a concern, it's going to be pretty tough to avoid the country for that long and I really don't want to get rejected at a border. I really appreciate you taking the time to answer the questions, Ashcans. I was hoping this wasn't as complicated as it seemed, but it looks like it's time to talk to an attorney...
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Nov 11, 2014 03:34
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As a person who is applying for a visa with both people living outside the USA, may I strongly recommend to ensure you keep a domicile and proof of said domicile.
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Nov 11, 2014 03:41
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Is it a big deal if I file the I-130 (petition for alien relative) after I file the I-485 (adjustment of status)? Does it even matter?
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Nov 18, 2014 17:36
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Yes, it is a big deal, in that you cannot actually do that. The I-130 forms the entire basis for the I-485. If you do not have a pending or approved I-130, you are not eligible to file the I-485 at all. If the I-485 is 'Moving into your dream home', then the I-130 is 'Buying the house'. I mean you can physically complete the paperwork and send it in, but USCIS will just reject it and mail the whole thing back to you with a form letter saying 'you need an immigrant petition'. If you are super unlucky, I suppose they might actually take your application, cash your check, and then send you a denial saying the same thing.
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Nov 18, 2014 17:56
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I see, thanks again for the info. Haven't sent them yet so good thing I asked! But you can send in the I-130 and I-485 together, right?
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Nov 18, 2014 18:00
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Yes, you can file them together, that's fine. You can also file the I-130 first and the I-485 later - you just can't file the I-485 first.
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Nov 18, 2014 23:29
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Ashcans posted:Yes, you can file them together, that's fine. You can also file the I-130 first and the I-485 later - you just can't file the I-485 first. Since Ashcans already entered on a K-1 shouldn't the I-130 be unnecessary?
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Nov 19, 2014 01:44
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Welp, that's what I get for not checking people's history here before posting.  Powerlurker is completely right, if you enter as a fiance on an approved K-1 you actually bypass the I-130 completely, because all that validation is basically wrapped up in the I-129F and consular process. Once you are in the US and married, you can simply file the I-485 on its own. I was on such a winning streak too. Thanks for catching my fumble, Powerlurker!
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Nov 19, 2014 06:10
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Wait. We're meant to check post histories?! D: Also I'm still waiting for my case complete it's been like 50 billion days HURRY UP NVCCCCCCCCCCCC
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Nov 19, 2014 06:14
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Ashcans posted:Welp, that's what I get for not checking people's history here before posting. Ahaa, okay. Sorry for not mentioning the K-1 visa bit, I'll just go ahead and file the I-485 then.
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Nov 19, 2014 07:11
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Ashcans posted:The distance some people have to travel for the appointments is crazy. The basically pared immigrant visas down to one location per country, and it sucks if you aren't living there. If you're Canadian you have to travel Montreal, regardless of where you live, and I think all immigrant visas in China go through Beijing. Its one of those trends I really hate, but that's how its going to be now. If you want to apply for a residence permit to Finland, at one point the office in Philippines was closed so if you were in the Philippines your best shot was flying to Kuala Lumpur, Jakarta or Tokyo for your appointment. All Canadians are supposed to go to Ottawa too. If you're from BC your best shot is probably the consulate in Los Angeles!
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Nov 19, 2014 14:48
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Antti posted:If you want to apply for a residence permit to Finland, at one point the office in Philippines was closed so if you were in the Philippines your best shot was flying to Kuala Lumpur, Jakarta or Tokyo for your appointment. I am more sympathetic when the issue is that there is only one office in the country. Like ok, if for some reason you need to do business with the Kenyan High Commission in Australia, they have one office in Canberra and that is it, so you pretty much have to go there. There are four US consulates in Australia, and it's kind of frustrating that they won't let people interview at all of those. Having to fly to a whole different country though is terrible.
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Nov 19, 2014 15:27
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Another small question regarding the I-485: I had the mandatory medical exam when I was applying for the K-1 visa, so do I need the biometrics/fingerprinting services they talk about?
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Nov 19, 2014 17:10
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Yes, as part of the I-485 you will have to go to a local center and do fingerprinting again. It's the same thing you would have done at entry with the electronic reader, it only takes about 20 minutes most times, including the check in. People get fingerprinted a thousand times during immigration processes, depending on how cynical you are this is either because USCIS doesn't care to check if they have them on file already, or because they are super-worried about someone replacing you in the application process and want to continually confirm your identity.
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Nov 19, 2014 20:33
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Ok, thanks a lot. Do I need to specifically get a biometrics appointment notice to do this, or can I just go on the Infopass application service online and schedule an appointment to "speak to immigration officer" at my local USCIS Application Support Center?
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Nov 19, 2014 21:33
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You'll get an appointment notice in the mail after you file the application - usually in a few weeks, with the appointment date a couple weeks after that. If you like, you can often take the notice and go to the appointment earlier if you want, particularly if they have scheduled it for a time that doesn't work out for you. But you can't really go in ahead of time because the local office needs the notice with its codes to properly connect the fingerprinting to your application.
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Nov 19, 2014 21:38
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Oh, so this happens after I file the I-485? Sorry for having you spell all of this out to me like I'm a toddler but this bureaucracy is making my brains dribble out of my ears. e: and I'm terrified of scuttling my immigration process up filing something in the wrong order/too late etc. Nuclear Tourist fucked around with this message at 21:46 on Nov 19, 2014 |
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Nov 19, 2014 21:40
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Ok it goes like this: 1) You file your I-485 2) In ~1 week, you will get receipt notices confirming that your applications were received in the mail. The notices give you receipt numbers that allow you to check on the status of the application online/with customer service 3) ~1-3 weeks after that, you get a Biometrics Notice that tells you where and when to get your fingerprinting done. This is usually at a local USCIS office in the next couple weeks 4) You complete the Biometrics, either as scheduled or by going in another day 5) 2-3 months after filing, you would get your EAD/Advance Parole documents, assuming you filed for these with the I-485 (which is done using the I-765 and I-131 respectively) 6) Potentially, you get asked to come into the local USCIS office with your spouse for an interview. This doesn't happen with all applications, interviews are at USCIS discretion, but they are fairly common. 7) Somewhere between 4-8 months after you file your I-485 is approved, and you are now a permanent residence. Hooray!
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Nov 19, 2014 21:49
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You're the man. Thank you. Apologies again, I just get really angsty about this sort of stuff.
Nuclear Tourist fucked around with this message at 22:34 on Nov 19, 2014 |
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Nov 19, 2014 21:59
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Nuclear Tourist posted:You're the man. Thank you. Apologies again, I just get really angsty about this sort of stuff. I feel your pain. We're at end-of-NVC stage CR-1 and I honestly dream about this poo poo. All the time. 
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Nov 20, 2014 00:11
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I am currently getting everything together for my fiancee's interview for the K-1 visa. I've filled out an I-134 and so has my dad, who makes much more money than I do (my savings + income might barely meet the income requirements; his blows it out of the water). The instructions for that form say we only need information from the bank, proof of our savings, stocks, etc, and a letter from our employer. It doesn't mention anything about including 1040 tax returns, or W2 copies. If my dad and his savings are far beyond the requirements and he has a signed, official letter from his employer stating his salary, does he need to include the W2 or 1040? It's really hard to separate out hearsay and "unlisted/unofficial requirements" from the actual requirements. 
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Nov 22, 2014 05:37
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Same Great Paste posted:On your very kind advice I went to a (different) lawyer this morning to get the new process started. Shared with them a few more specific details that I didn't understand I had left out here. Yadda yadda yadda, it turns out that all signs point to my current application being positively over by the end of November. I got mine through marriage after going through the employment-based GC process for 4 years and getting nowhere (audited, refused after a 2-year audit queue wait due to a lawyer's misrepresentation, this is the company-employed law firm while I worked at a large well-known internet company, then moved company, then was about to be submitted by my new company) and had mine through marriage 3 months after I submitted. It's a loving joke how hard it is to get it through employment compared to marriage. I mean mine is a legitimate marriage and we're clearly a real couple, but the interview wasn't hard and it was the only real 'test', no work experience required or anything. The green card arrived in the mail the week after the interview. The only annoying thing is that the set of data/details you need to submit for the marriage GC vs the employment GC is entirely different and you do need to have stuff like a shared bank account or both be on the same credit card. Also my new company paid for this whole process, and the law firm they got to handle my case sent a lawyer into the interview with us. He didn't actually say anything but I think his presence helped, i.e. it showed the interviewer that the law firm thought we were legit, which is what the interview is all about. Guys, guys.... Have you ever committed a crime, ever, and not been caught? Were you a member of the nazi party between 1939 and 1945? Have you ever / will you ever commit genocide? Anyway I've had it for almost 2 years and am removing the conditions on my green card now. This is the first thing I've ever done without a lawyer holding my hand but everyone says it's simple and doesn't need one. Anyone done this? Did you pay for a lawyer for that?
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Nov 22, 2014 06:44
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I've got another co-sponsor question. I'm getting my dad to co-sponsor and he exceeds the income requirements but he's self-employed, so he can't exactly get a "letter from his employer" or anything. What does one do in that case?
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Nov 22, 2014 17:38
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HisMajestyBOB posted:The instructions for that form say we only need information from the bank, proof of our savings, stocks, etc, and a letter from our employer. It doesn't mention anything about including 1040 tax returns, or W2 copies. If my dad and his savings are far beyond the requirements and he has a signed, official letter from his employer stating his salary, does he need to include the W2 or 1040? Pikestaff posted:I've got another co-sponsor question. I'm getting my dad to co-sponsor and he exceeds the income requirements but he's self-employed, so he can't exactly get a "letter from his employer" or anything. What does one do in that case? redreader posted:It's a loving joke how hard it is to get it through employment compared to marriage. I mean mine is a legitimate marriage and we're clearly a real couple, but the interview wasn't hard and it was the only real 'test', no work experience required or anything. The real big difference between the employment and family based petitions is that the Department of Labor hates you and wants your application to fail. Getting an I-140 through USCIS isn't really harder than getting an I-130 - in fact, I am happy to file an EB-1 I-140 any time (assuming that the person meets the requirements, obviously). But the PERM process is horrendous and actively adversarial - the DOL will do stuff like change requirements/standards, and then apply them to applications that have already been filed. And as they don't get paid to handle your cases, they will gladly shaft staffing levels and send processing times over the brink of the manpower is needed elsewhere. Seriously, PERM is the worst thing in immigration from a perspective of getting through all the hoops without tripping up. quote:the law firm they got to handle my case sent a lawyer into the interview with us. He didn't actually say anything but I think his presence helped, i.e. it showed the interviewer that the law firm thought we were legit, which is what the interview is all about. If everything is going well the lawyer won't do more than greet the officer - they don't want to try and intrude in the interview or answer questions for you, that makes it look like the situation is defensive and you aren't capable of showing you are really married. The only time they will probably get involved is if the officer is going off-base or starting to make stuff nasty. Often just having the lawyer there is a big comfort and helps people get through it better. quote:Have you ever committed a crime, ever, and not been caught? Were you a member of the nazi party between 1939 and 1945? Have you ever / will you ever commit genocide? These questions seem dumb, but they're intended to catch you in a fraud trap. Say you stole a car 20 years ago, were never caught. Well, statute is probably passed, you can't be prosecuted for it, the whole matter is basically dead - except, by the way, it turns out this means you lied on your application, which is fraud, so everything is revoked and you are barred forever. Asking the questions means that USCIS can still nail your rear end even if the actual infraction is no longer an impediment (which is why it is important to be truthful! You can actually get your application approved even if you hit some triggers, but lying will screw you forever). quote:This is the first thing I've ever done without a lawyer holding my hand but everyone says it's simple and doesn't need one. Anyone done this? Did you pay for a lawyer for that? )
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Nov 22, 2014 22:59
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Ashcans posted:A letter from the employer should be sufficient; you could add in the other documentation, but it isn't required. If he has substantial savings as well as an income, it definitely shouldn't be necessary (we rarely include bank statements, just employer letters) Ashcans posted:Assuming that you are filing the I-751 (removal of conditions) with your spouse, it is really simple and shouldn't cause you any issues. If you are still together and have continued to live your life as a couple you probably won't even get an interview. You really need a lawyer if your spouse isn't going to petition with you, for instance if the marriage fell apart (or if they died Thank you! It's great to hear that. Yeah that's what I'm doing now.
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Nov 23, 2014 01:46
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Oh my god I'm going insane. Coming up on 60 days and people on visajourney are getting case completes with last scan dates up to a week after mine. Now convinced we're getting a checklist and will have to wait another 60 days and my husband will have to leave Australia without me. gently caress this loving process for real
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Nov 25, 2014 01:01
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Sharks Below posted:Oh my god I'm going insane. Coming up on 60 days and people on visajourney are getting case completes with last scan dates up to a week after mine. Now convinced we're getting a checklist and will have to wait another 60 days and my husband will have to leave Australia without me. gently caress this loving process for real Seriously. The usa has some kind of third-world style immigration system. Those already in are like  'it's tough ain't it, kid' but seriously it's just dumb and bad.
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Nov 25, 2014 11:23
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redreader posted:Seriously. The usa has some kind of third-world style immigration system. Those already in are like Now think about how family petitions are possibly the friendliest part of the system, and things like employment visas, humanitarian statuses (like for victims of DV, or asylum), and the enforcement system are even more byzantine and frustrating.
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Nov 25, 2014 14:03
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