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Nuclear Tourist
Apr 7, 2005

They didn't even do that to me. When they asked I told them that I had received the standard suite of vaccines that everyone here gets when they're in grade school, and that was good enough for them.

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Sharks Below
May 23, 2011

ty hc <3
But those tests take a couple of days to be run..

Yeet
Nov 18, 2005

- WE.IGE -
So 3 years ago I gave up my Green Card and moved to Canada to work. For the first 2 years I was fine with it but due to...personal E/N issues I think I want to move back to the US. I know I have to reapply for one but is there a special form or something I have to use considering I've previously owned a Green Card for 25 years? All my family is still in the States, if that helps and have been for almost 30 years now.

Ashcans
Jan 2, 2006

Let's do the space-time warp again!

Nope, nothing special. You have to go through all the same stuff again (although if there is an approved I-130 or whatever from your previous time you can re-use that, assuming the relationship still holds). You will need to disclose the previous green card during the application, including how you got it and when it was surrendered.

St_Ides
May 19, 2008
I'm a Canadian citizen, and I've been seeing an American grad student for more than a year now.

We met in Kenya, where I work seasonally as a hot air balloon pilot.

I've been back and forth between my place in Canada and her place in Michigan, but the 4 hour drive is tiresome, so we'd like to live together.

It makes more sense for me to live there, so I'm looking in to moving.

But that means I should get a (non ballooning) job or go to school there. My job is decent, but I can't support us financially doing it unless I work overseas, which would mean being apart. So I'd try to find some other job on my current diploma or go to school for something else. (I don't know where I'd go to school either. Foreign student rate at her uni is ridiculously expensive.)

I barely know where to start. I guess I need a green card?

My profession is pretty niche, so I'm unlikely to get a job doing that (and if I did, it'd be in the southern US, which doesn't help us.) But I'm not opposed to a new profession.

We've discussed marriage, but that's a huge step. We want to, but we don't want to do it until she's done school, so an engagement visa isn't long enough (can they be extended?). And even if we do get married, I still don't know the process.

Obviously, I'm going to talk to an immigration lawyer (know anyone in Lansing Michigan, or how to find a decent one other than Google?) but I'd appreciate any advice.

Help me, Internet stranger.

Ashcans
Jan 2, 2006

Let's do the space-time warp again!

Well, there is a lot of stuff going on here.

St_Ides posted:

My job is decent, but I can't support us financially doing it unless I work overseas, which would mean being apart. So I'd try to find some other job on my current diploma
What is your current diploma? The easiest solution here is for you to try and get a TN visa to work in the US. But the TN is restricted to a list of specific professional positions (I don't think balloon piloting is among them, but to be honest I have no idea). You might be able to find a position that would work. The good news is that the TN is the easiest category to apply in, so more employers are willing and able to do it.

quote:

or go to school for something else. (I don't know where I'd go to school either. Foreign student rate at her uni is ridiculously expensive.)
Many people come to the US to go to university, intending to use it as a bridge to another status (you see lots of people with Bachelor's and even Master's degrees from other countries come to the US for a master's program to get work authorization and look for a sponsor. The down side you have already seen - foreign student tuition rates in the US are killer, because it is a cash cow for many universities. I wouldn't suggest this unless you legitimately need the additional degree.

quote:

We've discussed marriage, but that's a huge step. We want to, but we don't want to do it until she's done school, so an engagement visa isn't long enough (can they be extended?).

An engagement visa isn't really what you want, because while it is processing (which can take a while) it can complicate your ability to visit the US. Once in the US, you only have a relatively short stay and you cannot extend it beyond that time. It doesn't really gain you very much in this situation.

quote:

And even if we do get married, I still don't know the process.
If you are married, she can file an I-130 petition on your behalf. If you are in the US, this can be concurrently filed with an I-485 (green card application) that allows you to stay in the US while the whole thing is pending. Otherwise it needs to be processed at the consulate, and you may have issues entering the US until that process is complete. In general, filing the I-485 is preferable for allowing you to stay together.

It is not a problem if you time your marriage based on immigration needs, but make sure it is something you both want and are prepared for - not just for immigration reasons, obviously.

quote:

Obviously, I'm going to talk to an immigration lawyer (know anyone in Lansing Michigan, or how to find a decent one other than Google?) but I'd appreciate any advice.

Help me, Internet stranger.
I can't recommend anyone there, but I would suggest you call the city/state bar association and get a reference. Alternatively, if you know any other lawyers at all, ask them for a reference - a reference is really great, because lawyers hate to give people lovely references because they reflect poorly on you. I don't know if you have any contact with any US attorneys, but if not try the bar association.

Oh, if your girlfriend is in university, she can also contact the International Students and Scholars Office - they will often have a list of immigration attorneys they refer students/staff to that is at least somewhat vetted.

TheImmigrant
Jan 18, 2011

quote:

If you are married, she can file an I-130 petition on your behalf. If you are in the US, this can be concurrently filed with an I-485 (green card application) that allows you to stay in the US while the whole thing is pending. Otherwise it needs to be processed at the consulate, and you may have issues entering the US until that process is complete. In general, filing the I-485 is preferable for allowing you to stay together. -

Also, bear in mind that though this process, the US petitioner will have to execute an Affidavit of Support. In theory, this is a contract with the US government to support the alien for ten years, even if the marriage falls apart in the meantime. In practice, I've never seen it happen, although this doesn't mean it isn't a possibility.

quote:

I can't recommend anyone there, but I would suggest you call the city/state bar association and get a reference. Alternatively, if you know any other lawyers at all, ask them for a reference - a reference is really great, because lawyers hate to give people lovely references because they reflect poorly on you. I don't know if you have any contact with any US attorneys, but if not try the bar association.

AILA has a referral service with several search parameters, including practice area in location. AILA membership is not necessarily a guarantee that you'll find a great one, but I would not hire a lawyer for anything immigration related who is not an AILA member.

quote:

Oh, if your girlfriend is in university, she can also contact the International Students and Scholars Office - they will often have a list of immigration attorneys they refer students/staff to that is at least somewhat vetted.

This varies at schools, but is always a good place to start.

Pinky Artichoke
Apr 10, 2011

Dinner has blossomed.
This is just a random question not actually related to my life at all, but I'm curious about the affadavit of support. Can you sponsor multiple family members over time with the same amount of money? For example, if you make right around the lower limit and you sponsored your wife last year, can you sponsor your mom or a sibling now?

Ashcans
Jan 2, 2006

Let's do the space-time warp again!

TheImmigrant posted:

AILA has a referral service with several search parameters, including practice area in location. AILA membership is not necessarily a guarantee that you'll find a great one, but I would not hire a lawyer for anything immigration related who is not an AILA member.
Anyone belonging to AILA is at least going to be a lawyer, and one that has some inclination toward immigration. So you would be filtering out the sketchy non-lawyer 'immigration professionals', and lawyers who have just checked off immigration on the bar referral because why not. So a good place to start!

Pinky Artichoke posted:

This is just a random question not actually related to my life at all, but I'm curious about the affadavit of support. Can you sponsor multiple family members over time with the same amount of money? For example, if you make right around the lower limit and you sponsored your wife last year, can you sponsor your mom or a sibling now?

No, you can't. When you file the affidavit, it specifically asks who else you have filed for and they must be included in the calculation. So when you want to file for your dear old Mum, you have to disclose that you have already committed to supporting your wife, and it will require you to have more money. One person with a bare-minimum income can't just petition for their entire family and commit the same income to support them all individually.

What normally happens is that you sponsor your wife, and then when it comes time to sponsor your mother, your wife (who is now in the US and hopefully working) agrees to co-sponsor with you and contribute her income to the total amount.

Beerdeer
Apr 25, 2006

Frank Herbert's Dude
MSU Law I think has an Immigration clinic in East Lansing

St_Ides
May 19, 2008

Ashcans posted:

Well, there is a lot of stuff going on here.

What is your current diploma? The easiest solution here is for you to try and get a TN visa to work in the US. But the TN is restricted to a list of specific professional positions (I don't think balloon piloting is among them, but to be honest I have no idea). You might be able to find a position that would work. The good news is that the TN is the easiest category to apply in, so more employers are willing and able to do it.

My current diploma is just a General Arts and Science diploma. It's not of much use.

I've checked the TN list and ballooning is not on it.

Ashcans posted:

Many people come to the US to go to university, intending to use it as a bridge to another status (you see lots of people with Bachelor's and even Master's degrees from other countries come to the US for a master's program to get work authorization and look for a sponsor. The down side you have already seen - foreign student tuition rates in the US are killer, because it is a cash cow for many universities. I wouldn't suggest this unless you legitimately need the additional degree.


I've looked in to that, but the foreign student rates are just extortion. I wish I could afford it. That'd be a great solution to many of my problems.

Ashcans posted:

An engagement visa isn't really what you want, because while it is processing (which can take a while) it can complicate your ability to visit the US. Once in the US, you only have a relatively short stay and you cannot extend it beyond that time. It doesn't really gain you very much in this situation.

OK. I've wondered about that. I didn't know an engagement visa is such a short stay.

Ashcans posted:

If you are married, she can file an I-130 petition on your behalf. If you are in the US, this can be concurrently filed with an I-485 (green card application) that allows you to stay in the US while the whole thing is pending. Otherwise it needs to be processed at the consulate, and you may have issues entering the US until that process is complete. In general, filing the I-485 is preferable for allowing you to stay together.

It is not a problem if you time your marriage based on immigration needs, but make sure it is something you both want and are prepared for - not just for immigration reasons, obviously.

Marriage is a little further than we're ready for, we were planning to wait for her to finish her doctorate. So that's a few years away. A long engagement isn't a problem for us.

Ashcans posted:

I can't recommend anyone there, but I would suggest you call the city/state bar association and get a reference. Alternatively, if you know any other lawyers at all, ask them for a reference - a reference is really great, because lawyers hate to give people lovely references because they reflect poorly on you. I don't know if you have any contact with any US attorneys, but if not try the bar association.

Oh, if your girlfriend is in university, she can also contact the International Students and Scholars Office - they will often have a list of immigration attorneys they refer students/staff to that is at least somewhat vetted.

That's fantastic advice. I guess I should have expected this to have existed. I will definitely contact them.

The AILA stuff is very useful info too.

Beerdeer posted:

MSU Law I think has an Immigration clinic in East Lansing

Perfect!

Thank you all for your help. I really appreciate it.

Sharks Below
May 23, 2011

ty hc <3
I got my interview :) and passed my medical. Interview 17 March.

Ashcans
Jan 2, 2006

Let's do the space-time warp again!

Congratulations on your lack of leprosy!

Beerdeer
Apr 25, 2006

Frank Herbert's Dude
Never GIS the Class A excludable medical conditions

Sharks Below
May 23, 2011

ty hc <3

Ashcans posted:

Congratulations on your lack of leprosy!

The doctor was awesome, very casual (but not "too" casual) and reassuring.

It's all getting very real now! In the last like 10 days we have had all the good news in the world and now I have a month-long wait with absolutely nothing happening, lol. Well, apart from, you know, getting ready to leave the country I've lived in for 31 years.

Claude Monet II
Feb 13, 2010

TheImmigrant posted:

you're looking to go all-in with an EB-5 (at least $500,000 investment, usually $1 million and jobs created for a green card), that might be possible too.

I'm looking at the EB-5 right now..... how does the $1 million investment work? Does it have to all be invested in the business right away, or can it be over time? For instance, the business I have is already established. We already have all of the equipment that we need and would move it down from Canada to the US. The business doesn't really require this kind of investment to move... we would also meet the job creation requirement. The only option I can think of would be to buy a building outright or something like this. The business also has 4 partners, would we all have to invest $1 million each...or could the 4 of us go in on this together? Would it be easy for the 4 of us to get a green card later on, or would some of us risk eventual deportation?

Also, do you know if there is a crazy wait list for these types of visas?

Queen Elizatits
May 3, 2005

Haven't you heard?
MARATHONS ARE HARD

TheImmigrant posted:

Also, bear in mind that though this process, the US petitioner will have to execute an Affidavit of Support. In theory, this is a contract with the US government to support the alien for ten years, even if the marriage falls apart in the meantime. In practice, I've never seen it happen, although this doesn't mean it isn't a possibility.


I have no idea why I remember this but it happened to an e/n goon a few years ago. A little different in that the marriage was just so she could get a greencard they weren't actually a couple. She filed for social assistance and the goon was shocked when his tax return was taken by the government.

Pleads
Jun 9, 2005

pew pew pew


How does it work if I have a Canadian job that I intend to keep and work remotely?

My common-law girlfriend is likely going to the US for 1-3 years to complete an internship or residency. My current job is already a remote position (with a Canadian company, though they have an "office" [PO box mailing address] in the US and a few remote US employees), and I'm fairly certain I could keep it regardless of where she ends up getting placed.

I tried looking through the available visas and none seem to really fit the situation, I wouldn't be moving to the US for a job since I already would have one, and I'm not sure how or if common-law status applies to some of the spousal stuff.

uncertainty
Aug 8, 2011


If everything works out, I should start a job in the US this summer, from what I could find this would be on a H-1B visa. I have been in a relationship for a long time, but me and my bf are not officially married. He will officially stay (for now) in our home-country, but needs to visit the US regularly for his job.

I was told (by an aquaintance over beers, so not the most expert-statement) that getting married after I already have a visa, could result in his application for a visa taking over a year and him not being allowed in the country during this process, is this true? Essentially I am just wondering whether we should quickly plan a wedding for the papers to prevent a really difficult process later on.

edit: this may be relevant, I am currently in the US on a j1.

uncertainty fucked around with this message at 00:50 on Feb 19, 2015

lol internet.
Sep 4, 2007
the internet makes you stupid
My wife has been filing her income tax as single since I don't have a ITIN\SSN as I am a NRA.

Will this be any sort of issue for US immigration application for me to goto the US? We have simple returns, make roughly 50-60k/year. I assume filing married actually is better for taxes, but we didn't want to get things complicated.

Ashcans
Jan 2, 2006

Let's do the space-time warp again!

uncertainty posted:

If everything works out, I should start a job in the US this summer, from what I could find this would be on a H-1B visa. I have been in a relationship for a long time, but me and my bf are not officially married. He will officially stay (for now) in our home-country, but needs to visit the US regularly for his job.

I was told (by an aquaintance over beers, so not the most expert-statement) that getting married after I already have a visa, could result in his application for a visa taking over a year and him not being allowed in the country during this process, is this true? Essentially I am just wondering whether we should quickly plan a wedding for the papers to prevent a really difficult process later on.

edit: this may be relevant, I am currently in the US on a j1.

There is too much going on here for the amount of information you have given us. How is your boyfriend visiting the US for work? Does he have a B visa? Is he using the Waiver/ESTA?

It sounds like you will be changing status from J-1 to H-1B; then at some undefined point, you might get married and your husband would then want to apply for an H-4 (dependent) visa to join you in the US? Is that right? If that is the situation then no, there is no reason that his application would take any significant time. I have repeatedly seen people go home, get married, and return with their new spouse in H-4 status all within a month or less.

lol internet. posted:

My wife has been filing her income tax as single since I don't have a ITIN\SSN as I am a NRA.

Will this be any sort of issue for US immigration application for me to goto the US? We have simple returns, make roughly 50-60k/year. I assume filing married actually is better for taxes, but we didn't want to get things complicated.
Do you mean she is filing separately (as in, Married Filing Separately, as opposed to Jointly with you) or is she actually filing as Single (ie, not married)?

Also, what do you mean by 'US immigration application'? Are you talking about visiting the US as a visitor or her dependent? Or is she a citizen/resident and would be sponsoring you for residency?

lol internet.
Sep 4, 2007
the internet makes you stupid

She is filing her taxes as single. (Not Married or Married - Filing Separately) I am not filing because I am not a US citizen and I don't live there.

I am being petitioned for a green card there.

Ashcans
Jan 2, 2006

Let's do the space-time warp again!

lol internet. posted:

She is filing her taxes as single. (Not Married or Married - Filing Separately) I am not filing because I am not a US citizen and I don't live there.

I am being petitioned for a green card there.

Have you and your wife talked about this situation with a tax professional? I do not practice tax preparation and I am not a tax lawyer, but I am pretty sure she can't just pretend to be single for the sake of making her tax filing less complicated. Even a cursory google search provides a number of actual tax advice places saying this is not how you are supposed to handle it. You should probably look into that? If nothing else, ask the tax thread here on SA.

Also, if your wife petitions for your green card, she is going to need to file an I-864 (affidavit of support) and one of the supporting documents that is required is a copy of her most recent tax return. As a rule USCIS does not audit people's tax returns to make sure they are correctly completed (they don't have the expertise) but having her tax returns clearly indicating that she is single when she's claiming you have been married for X years is going to be a big red flag. USCIS puts a lot of weight on financial documents, because if people are faking documents it's easy to take some pictures with your family or book a vacation to Florida, but involving someone in your taxes, accounts, or insurance is a much bigger deal.

lol internet.
Sep 4, 2007
the internet makes you stupid

Ashcans posted:

Have you and your wife talked about this situation with a tax professional? I do not practice tax preparation and I am not a tax lawyer, but I am pretty sure she can't just pretend to be single for the sake of making her tax filing less complicated. Even a cursory google search provides a number of actual tax advice places saying this is not how you are supposed to handle it. You should probably look into that? If nothing else, ask the tax thread here on SA.

Also, if your wife petitions for your green card, she is going to need to file an I-864 (affidavit of support) and one of the supporting documents that is required is a copy of her most recent tax return. As a rule USCIS does not audit people's tax returns to make sure they are correctly completed (they don't have the expertise) but having her tax returns clearly indicating that she is single when she's claiming you have been married for X years is going to be a big red flag. USCIS puts a lot of weight on financial documents, because if people are faking documents it's easy to take some pictures with your family or book a vacation to Florida, but involving someone in your taxes, accounts, or insurance is a much bigger deal.

Ahh, guess will have to see what happens then as the petition is already in process. In terms of proving the marriage and stuff, I don't think it will be too hard, she actually got a green card to come to Canada first then we decided to go back to the US. We went to HR Block (yeah lovely) but they were clueless on what to do when I kept telling them I had no SSN because I am not a citizen.

Hopefully it can get through and we can amend the returns once I get a green card. There is no tax benefits of her filing as single, it's just I had no SSN. I'll check out the tax thread as well.

uncertainty
Aug 8, 2011


Ashcans posted:

There is too much going on here for the amount of information you have given us. How is your boyfriend visiting the US for work? Does he have a B visa? Is he using the Waiver/ESTA?

It sounds like you will be changing status from J-1 to H-1B; then at some undefined point, you might get married and your husband would then want to apply for an H-4 (dependent) visa to join you in the US? Is that right? If that is the situation then no, there is no reason that his application would take any significant time. I have repeatedly seen people go home, get married, and return with their new spouse in H-4 status all within a month or less.


Thanks for your response, and sorry for the missing information. My boyfriend currently uses the Esta. When he visits the US for work it is usually for a short conference trip or a meeting with a possible client.

You are completely correct about the change to H-1B, getting married and then having him apply for an H-4 and it sounds like that is not as difficult as my aquaintance made it out to be, thanks for the information!

starksfergie
Jul 24, 2007

I'm just content to relax and drown within myself
Oh, Hey, I'm a tax professional....

if you aren't married to an American and you are foreign but with NO US income, then you won't need to file. As soon as the Green Card is settled, you can sort of make the decision at that point whether you need to file a US tax return. When I was doing US taxes in the UK, we took a protective position that as soon as your Green Card is active, you are US for tax purposes (even if you still don't have US income), but you could likely find a position that since you haven't been in the US yet and you don't have US income, you might be able to get away with not filing a tax return for the year in question.

Proviso, if you are still just applying for a Green Card, and you are a non-US citizen, but you have US income, you may want to reconsider not filing!

Please feel free to ask if you don't think I have clarified for you!

Cheers

lol internet.
Sep 4, 2007
the internet makes you stupid

starksfergie posted:

Oh, Hey, I'm a tax professional....

if you aren't married to an American and you are foreign but with NO US income, then you won't need to file. As soon as the Green Card is settled, you can sort of make the decision at that point whether you need to file a US tax return. When I was doing US taxes in the UK, we took a protective position that as soon as your Green Card is active, you are US for tax purposes (even if you still don't have US income), but you could likely find a position that since you haven't been in the US yet and you don't have US income, you might be able to get away with not filing a tax return for the year in question.

Proviso, if you are still just applying for a Green Card, and you are a non-US citizen, but you have US income, you may want to reconsider not filing!

Please feel free to ask if you don't think I have clarified for you!

Cheers

Thanks, there was no US income but I think the concern was my wife was filing as "single" instead of "married, filing separately" because I have no SSN\ITIN.

Is that an issue?

lol internet. fucked around with this message at 15:49 on Feb 23, 2015

starksfergie
Jul 24, 2007

I'm just content to relax and drown within myself
she can file MFS and show that you are an NRA (non-resident alien), we had several clients file that way.

But truly, I don't think it is an issue (and I didn't read upwards, so I didn't see if you were actually married). I would say if you actually have a marriage certificate, your wife should probably file MFS and just show in the SSN area on the tax form that you are an NRA (that way, they have your name, but will see that you don't have a SSN and won't be filing a US tax return)

I don't think the IRS would catch you in any sort of situation, though, if she files single (just technically, she would have to half her standard deduction instead of taking a full single deduction, one of the perks of the marriage penalty, so her tax return would be technically incorrect if she filed single and you, in fact, are married)

probably not too big of a decision to make, but it is hers to make!

Pat Fenis
Nov 14, 2013

I am an American citizen. My wife is now also an American citizen, though she was originally Canadian.

Her parents have purchased a home here in Florida and intend to retire there somewhere between 18 and 24 months from now. They would also like to bring their son (adult, over 21) with them. All are Canadian citizens. He is currently in university to pursue a degree in marketing, which he will have completed by the time they move. Having checked the list of professions eligible for a TN visa it doesn't look like a marketing degree will be of any help to him in the immigration process.

Our preliminary research seems to suggest that the best course of action is to sponsor my wife's parent(s) for citizenship (I-130), so that they can, in turn, sponsor him (also with an I-130.) Any timetable that we can find is very long, but it looks like that may shave a few years off.

It seems like it would take under a year to get the parents permanent resident status, and then (as it stands currently) another 5 years or so for them to sponsor their son. We really don't care if the parents are residents/citizens (they are retired and will be spending time in Canada as well), we're just looking for the quickest path for him to get a Green Card. Seems to be closer to 8 years though if she just sponsors him directly.

Couple of questions.

Most importantly, does that method seem like it would be quicker? Are we missing anything obvious that would be a better (quicker) route? Poor kid will be jobless and probably hating life if he comes down when they come, which seems likely.

Second question. My wife and I had intended to go back to school in the fall, which would mean drastically cutting our working hours. As it stands right now I would be able to financially sponsor both parents with no issues, but this seems unlikely once we start school. If we were to start this process immediately (understanding that they would likely have to come down quicker than their projected timeline), would my income validation be based on my most recent tax return? The forms that I've read seem to suggest that. Or is it likely that they going to need letters from employers/current pay stubs, etc? If so I may need to delay school until they're through the process.

Lastly, would there be any benefit to working with an immigration attorney - specifically, in terms of helping to speed the process along? When my wife immigrated from Canada, we went to consult a lawyer, and they told us that there was really nothing they could do to expedite things.

Any advice is greatly appreciated.

Pat Fenis fucked around with this message at 19:48 on Feb 26, 2015

Ashcans
Jan 2, 2006

Let's do the space-time warp again!

To answer your last question first, the only way that an attorney generally speeds up immigration processes is by ensuring that everything is prepared as well as possible and filed on time. There are many immigration processes where the instructions won't tell you half of what you actually want to submit, and you'll waste time responding to followups or trying to work out why you were rejected. Generally, a family based process is the most straight-forward, and only benefits from an attorney if there are complicating issues or you really don't want to handle it yourself.


Pat Fenis posted:

I am an American citizen. My wife is now also an American citizen, though she was originally Canadian.

Her parents have purchased a home here in Florida and intend to retire there somewhere between 18 and 24 months from now. They would also like to bring their son (adult, over 21) with them. All are Canadian citizens. He is currently in university to pursue a degree in marketing, which he will have completed by the time they move. Having checked the list of professions eligible for a TN visa it doesn't look like a marketing degree will be of any help to him in the immigration process.

Our preliminary research seems to suggest that the best course of action is to sponsor my wife's parent(s) for citizenship (I-130), so that they can, in turn, sponsor him (also with an I-130.) Any timetable that we can find is very long, but it looks like that may shave a few years off.

It seems like it would take under a year to get the parents permanent resident status, and then (as it stands currently) another 5 years or so for them to sponsor their son. We really don't care if the parents are residents/citizens (they are retired and will be spending time in Canada as well), we're just looking for the quickest path for him to get a Green Card. Seems to be closer to 8 years though if she just sponsors him directly.

So you should probably plan for more than a year for the parents to get their residency - if you file an I-130 and consular process it, it can easily take that long; review this thread for tales of people not meeting their expected deadlines. This is all the more important when they are doing things like selling their home and moving. Remember, it is possible to slow down your immigration process - it's not possible to speed it up. So it's better to get started earlier than you think.

Current wait time for adult children of Permanent Residents is 6.5 years; keep in mind they won't be able to start this process until they are residents, so that timer doesn't begin until they are here and the petition is filed. If your wife files for him directly, the current wait time is 12 years. So even with the filing delay, going through the parents is probably fastest. Please keep in mind these aren't fixed times - the visa bulletin can shift all over the place and even stop moving completely, so it's just a hopeful idea.

quote:

Most importantly, does that method seem like it would be quicker? Are we missing anything obvious that would be a better (quicker) route? Poor kid will be jobless and probably hating life if he comes down when they come, which seems likely.
So, red flag here - how is he planning to come down when his parents move to the US? Presumably at that point they would be entering as permanent residents. As you noted, he doesn't have a great backing for a TN. If he enters as a visitor, he is only going to be admitted for 90 days. Also, there is a significant chance that he will have trouble entering with his parents - they will be residents, clearly immigrating to the US permanently, and he is trying to enter a visitor tagging along to the country where his entire family is now living? He is going to have to demonstrate some clear ties to return to Canada, or he may very well get bounced at the border.

There is no (legal) way for him to just come into the US and hang around for 6 years while waiting for a green card. He either needs to return/stay in Canada, or find his own status in the US (whether that is attending university, getting a job, etc.)

quote:

Second question. My wife and I had intended to go back to school in the fall, which would mean drastically cutting our working hours. As it stands right now I would be able to financially sponsor both parents with no issues, but this seems unlikely once we start school. If we were to start this process immediately (understanding that they would likely have to come down quicker than their projected timeline), would my income validation be based on my most recent tax return? The forms that I've read seem to suggest that. Or is it likely that they going to need letters from employers/current pay stubs, etc? If so I may need to delay school until they're through the process.
The application process requires that you have the necessary income (or assets) when the parents are applying for residency. So, when they apply at the consulate or file with USCIS, you will need to provide proof of current income. It doesn't matter if you made a million dollars last year if your current income doesn't meet the bar. It also doesn't matter if you were broke last week so long as you have a suitable job now. So yes, you might need to work on the timing with your job.

Note that you use the immigrants income and assets as part of this process - if the parents are retiring, I assume they have some sort of assets to rely on? Unless it's a working retirement or something. As long as they have the cash, you could keep your school plans.

quote:

Lastly, would there be any benefit to working with an immigration attorney - specifically, in terms of helping to speed the process along? When my wife immigrated from Canada, we went to consult a lawyer, and they told us that there was really nothing they could do to expedite things.
To wrap back around to this, the only advantage I see in an attorney is that while the actual filings probably aren't going to be hard, you have 5 people involved and some considerable timelines, and it might be useful to have it all in someone else's lap, instead of you/your wife committing to manage this over the next six years. I don't think its necessary, though.

Nuclear Tourist
Apr 7, 2005

Is it an issue if your sponsor's income is mainly student aid that doesn't show up on tax returns, or don't they care because money is money?

Pat Fenis
Nov 14, 2013

Thanks for looking that over Ashcans. You have some good points. I hadn't really considered the option of continuing his education, but that might be the best option if we can get past the exorbitantly high international student tuition. I'm not sure if he would be allowed to work on a student visa but I can look into that option.

I'm also very glad to hear that their assets/income will count towards the Affidavit of Support. That will be a big help for our situation and it sounds like maybe we won't need to put our education plans on hold.

Sharks Below
May 23, 2011

ty hc <3
My interview at the Sydney Consulate is today. Max stressing! :sweatdrop:

Ashcans
Jan 2, 2006

Let's do the space-time warp again!

Sharks Below posted:

My interview at the Sydney Consulate is today. Max stressing! :sweatdrop:

If they ask, you should not admit that you intend to enter the US for purposes of espionage or bigamy. They might try to trick you, kind of nudge and wink and say 'not even a little bigamy?', but stay strong. It's a trap.

redreader
Nov 2, 2009

I am the coolest person ever with my pirate chalice. Seriously.

Dinosaur Gum

Ashcans posted:

If they ask, you should not admit that you intend to enter the US for purposes of espionage or bigamy. They might try to trick you, kind of nudge and wink and say 'not even a little bigamy?', but stay strong. It's a trap.

I DUNNO ABOUT YOU BUT IT'S BIG O' ME!!! HAHAHA!

Sharks Below
May 23, 2011

ty hc <3

Ashcans posted:

If they ask, you should not admit that you intend to enter the US for purposes of espionage or bigamy. They might try to trick you, kind of nudge and wink and say 'not even a little bigamy?', but stay strong. It's a trap.

Lol

Well we had some pretty ... Weird.. Thing...

Ok so

They said I'm all good except for my father in law (joint sponsor)'s w2 being missing. Except he is self employed?? We submitted his full tax return plus all schedules including schedule C.

I didn't know any better so I just left but when I talked to my husband he was like "yeah that's not a thing" so all we can do is email them and tell them that? They also put "2014 w2" on the further info form but I assume that's a mistake because he was def talking about the 2013 paperwork.

gently caress my life.

Ashcans
Jan 2, 2006

Let's do the space-time warp again!

Who else was included as a sponsor? Was it just your father-in-law, or was there someone else contributing income? Because if you had a joint sponsor who is regularly employed, they might also be asking for their updated W-2. I don't remember exactly when you filed, but it was last year, so they might be trying to verify the income generally and want an updated W-2 from whichever sponsor(s) are employed. Has your father-in-law done his taxes yet? If so, you might want to try and submit those - if not, I guess you can just email them saying that he is self-employed and so does not have any W-2 at all, and they have the most recent tax documents for him.

Sorry that this sponsorship thing is being an pain for you guys.

lol internet.
Sep 4, 2007
the internet makes you stupid
So my wife received a letter requesting evidence of a bonafied marriage for our spousal petition. Any chance I'll get the green card before end of year? and when do they normally request for me to go into an interview at an embassy?

Ashcans
Jan 2, 2006

Let's do the space-time warp again!

Well, that depends on how answering the RFE goes. :v: What did you submit for bonafide evidence with the actual petition? Are they making any particular challenges, or just 'oh hey you need to send us stuff'? Your case won't process while the RFE is out, so you want to get everything together and respond as soon as possible - please note, this does not mean cut corners on the reply, just don't dawdle on it. It's only March but that time can vanish quickly, especially if you end up in a back-and-forth with the NVC.

They won't schedule your interview until the I-130 has been approved, and the NVC has processed your documents. Basically you need to respond to the RFE, get the case approved, and then USCIS will forward it to the NVC. NVC will contact you/your wife for what they want, you submit it all to them, then they will approve and pass it along to the consulate with an interview date.

You might want to take a look at Sharks Below's posting history here to get an idea of what might be in store for you. Sorry Sharks. :ohdear:

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lol internet.
Sep 4, 2007
the internet makes you stupid
Initial I-130/G-325 form with passport photo copy's, drivers license, Affidavit for place of birth, marriage certificate, and passport photos. We been married for maybe 3-4 years now. Initial application was submitted in November 2014 I believe.

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