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My wife's mother has dual UK/US citizenship, but moved to the UK when she was 3 years old. Is there anyway my wife and I could use this tenuous link to live/work in the US?
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May 7, 2015 19:08
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Probably not, but maybe? There is a very slim chance that your wife actually inherited US citizenship because her mother was a citizen, but based on what you have said I would expect that she fails the residency test. Unless her father was also a US citizen. You can read more here. Assuming not, then in theory your mother in law could file an immigrant petition for your wife as the married child of a US citizen. I have no idea how the fact she has been living outside the US since she was 3 would complicate this - it might not be viable. Also, that category has a considerable backlog, so it is not a short-term solution even if it works.
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May 7, 2015 19:36
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Here's my original post: http://forums.somethingawful.com/showthread.php?threadid=3501527&userid=0&perpage=40&pagenumber=16#post441463967 Good news: We're getting married. When? We don't know. I'd like sooner, she'd like later. But we still have questions. You said we could file an I-130 and an I-485 concurrently, and I'd be able to stay in the US at the same time. Obviously I can't work during that time, but will I be allowed to re-enter the US if I left during that time? If I'm doing a change of status, do I have to be on a visa? When I'm driving to see her, I just tell the border guard I'm visiting her, and they don't stamp my passport or anything.... So I don't have any sort of a visa while I'm there most of the time. If we were married outside the US, would I have issues entering before I get a green card or any other kind of visa? What's the timeline for getting a green card during that? From what I've read, 6 months seems to be on the short end of that. How available do I have to be during that process if I'm not in the US? Like if I'm in rural Africa with sketchy cell service... I'm sorry I need more help. We haven't had the chance to actually contact a lawyer yet. She's been too overwhelmed with school.
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May 25, 2015 02:55
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So USCIS asked for evidence of a bonafide marriage. It says return the documents to Mesquite TX, so I assume the service center is TX correct? Another question, I was given roughly 3 months to submit the evidence, and the processing time listed for TX is 5 months for spousal I-130, does that processing time include the 3 months? We didn't end up submitting the documents till the last week before the deadline basically.
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May 26, 2015 02:43
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St_Ides posted:Here's my original post: If you're adjusting status, you need to have advance parole before leaving the US (form I-131, it's free if filed along with your I-130 and I-485). If you leave the country without advance parole approved, your application will be deemed abandoned and you will have to start over. You do not have to be on a visa, but you do have to have been lawfully admitted to the US to adjust. My wife got her green card within three months of applying, but you should be planning to be inside the US for the majority of the time you are waiting as you will need to be fingerprinted at some point and you will need to be present for an interview and both of those notices come to your US address, by mail, 2-3 weeks before the actual appointment. They can theoretically be rescheduled, but you don't have much, if any, say as to when they are rescheduled for.
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May 26, 2015 03:05
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lol internet. posted:So USCIS asked for evidence of a bonafide marriage. It says return the documents to Mesquite TX, so I assume the service center is TX correct? USCIS has a number of offices in Texas but they are all just branches of the Texas Service Center. If you are looking at processing times and stuff, look at your receipt notice, it will tell you where it is processing. If your receipt number starts with SRC, it's Texas. quote:Another question, I was given roughly 3 months to submit the evidence, and the processing time listed for TX is 5 months for spousal I-130, does that processing time include the 3 months? We didn't end up submitting the documents till the last week before the deadline basically. St_Ides posted:Good news: We're getting married. When? We don't know. I'd like sooner, she'd like later.
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May 26, 2015 14:57
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Ashcans posted:You case is on hold while the RFE is unanswered, so technically the 5 months doesn't continue to accrue while they were waiting for your response. Having said that, the 5 months doesn't start over and it's not exactly like they stop the clock and then restart it, having the RFE basically means that you've jumped off the standard processing. It could be approved shortly after the response, or two months later. You should probably follow up with them 30 days after the response was submitted ans if it isn't approved they should give you a timeline. Regarding processing times and RFEs, there are rumors that certain service centers (*cough*Vermont*cough*) like to send out dubiously justified RFE's when their processing times start getting too long so they can pause the clock and still officially stay within their targets.
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May 27, 2015 01:55
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Powerlurker posted:Regarding processing times and RFEs, there are rumors that certain service centers (*cough*Vermont*cough*) like to send out dubiously justified RFE's when their processing times start getting too long so they can pause the clock and still officially stay within their targets. I thought Texas was the worst for that?
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May 27, 2015 02:24
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Sharks Below posted:I thought Texas was the worst for that? All I know is that in recent months with I-751 applications, Vermont was spewing out RFE's while California was just cranking through applications (per VisaJourney observations). I've never had reason to deal with Texas.
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May 27, 2015 03:00
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Powerlurker posted:All I know is that in recent months with I-751 applications, Vermont was spewing out RFE's while California was just cranking through applications (per VisaJourney observations). I've never had reason to deal with Texas. Yeah I was stoked when we got California.
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May 27, 2015 03:08
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Powerlurker posted:Regarding processing times and RFEs, there are rumors that certain service centers (*cough*Vermont*cough*) like to send out dubiously justified RFE's when their processing times start getting too long so they can pause the clock and still officially stay within their targets. This is obviously something that is never really 'confirmed', but I have definitely seen service centers put out terrible RFEs at one time or another, often when they have a huge glut of applications or some other crunch on hand. These have varied from 'asking for trivial bullshit you already submitted' to 'asking for stuff that is totally nonsensical to the application'. Sometimes these things are, I think, just honest mistakes by the officer, but I would not be able all surprised if some of them are strategic.
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May 27, 2015 04:34
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Blah, anyways I think my RFE submission is going to be late. Perhaps I'll have to start over again.
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May 27, 2015 16:19
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I submitted my I-751 to California in mid January. My case is solid, my wife signed, I gave bank statements we're both spending on, and lots of other proof. If they don't ask for more evidence, how long should I expect it to take? Currently I'm expecting 'july to october' or so. edit: VVV Thanks Ashcans. redreader fucked around with this message at 21:52 on May 27, 2015 |
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May 27, 2015 18:10
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As of March, processing times were 6 months for California. So yea, you're looking at July or sometime shortly thereafter.
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May 27, 2015 18:16
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Is there a place with a concise, step-by-step detailing of what the requirements / paperwork / fees / etc are for a K-1 visa? When I got to the USCIS all it tells me to do it submit one form (i-129f) and some money, and a lot of other sites are telling me I need to additionally send out cover letters, biographic forms, letters of intent, photos, and the like. This is one of the other sites: http://www.visajourney.com/content/k1guide I'm an American citizen. Also, does anyone know the approximate turnaround time on this whole process?
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May 28, 2015 18:23
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I followed the VisaJourney guide and it worked for me. I did not receive an RFE (request for evidence) or anything. It took about a year from when I submitted the I-129 to when he received his visa. Here's our timeline, for reference: I-129F Sent : 2011-12-05 I-129F NOA1 : 2011-12-12 I-129F RFE(s) : N/A RFE Reply(s) : N/A I-129F NOA2 : 2012-04-04 NVC Received : ? Date Case #, IIN, and BIN assigned : ? NVC Left : ? Consulate Received : ? Packet 3 Received : 2012-05-13 Packet 3 Sent : ? Packet 4 Received : 2012-08-13 Interview Date : 2012-09-26 Interview Result : Approved Second Interview (If Required): N/A Second Interview Result: N/A Visa Received : 2012-12-16 US Entry : 2013-04-11 Edit: To clarify a bit on what is required: the proof of your relationship can be sent with the I-129, but it's more important to have all of that for the visa interview stage. And for that, the more the better, especially if you're in the kind of situation that might bring up some red flags e.g. a huge difference in age, religion, culture, language, etc. Florida Betty fucked around with this message at 20:01 on May 28, 2015 |
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May 28, 2015 19:52
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My wife arrived in the US on a K-1 visa and we got married. We're working on the adjustment of status forms now, and it asks for the fiancee petition approval notice. Unfortunately, it was included in a folder with all the other forms and proof of support - when my fiancee had her interview, she handed those over and they never returned them. Why does the AOS need the original petition? She had the interview, got the visa, arrived on the visa, and has an I-94 - isn't that good enough? gently caress. Also, we're having trouble finding her alien number.  If we submit the forms without it, is it going to be rejected?
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May 29, 2015 02:39
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HisMajestyBOB posted:My wife arrived in the US on a K-1 visa and we got married. We're working on the adjustment of status forms now, and it asks for the fiancee petition approval notice. Unfortunately, it was included in a folder with all the other forms and proof of support - when my fiancee had her interview, she handed those over and they never returned them. Why does the AOS need the original petition? She had the interview, got the visa, arrived on the visa, and has an I-94 - isn't that good enough? gently caress. Does she even have an alien number at this point? My wife didn't have one when we did her AOS and it wasn't a problem.
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May 29, 2015 03:40
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I believe it was written in pen across the top of her NOA2. There's nothing on her passport or anything else.
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May 29, 2015 04:32
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Finished my CR1 process so far and am in U.S. as a conditional permanent resident as of last Saturday, yay. Working on my GED (should have done it sooner) and waiting on my ssn now. Saw a guy mention getting added as a secondary on wife's Bank of America credit card up thread and thought I should mention that in my research I found that they're one of the few institutions that don't submit secondary account holder information to credit agencies. They're also unideal in terms of secured credit card based on reviews I looked at but ymmv. Getting added to another type of credit card as a secondary account holder works in terms that your spending is tracked but all paying debt back is the responsibility of the primary account holder as far as credit agencies and the bank are concerned.
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May 29, 2015 06:01
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PRADA SLUT posted:Is there a place with a concise, step-by-step detailing of what the requirements / paperwork / fees / etc are for a K-1 visa? The short answer to this is no. The longer answer is that the USCIS/government guides basically give you what is officially required, but often neglect things that the service wants as general practice, and rarely include more complex details spelled out in memorandum and processing guidance. The people who best have access and knowledge of this information are immigration attorneys, and they generally don't publish detailed guidance because that would more or less undermine their business. The other option is to rely on aggregated knowledge of other applicants, which is basically what VisaJourney is. In my experience VisaJourney is a pretty decent resource, and their guides are generally useful. Florida Betty's timeline is probably pretty good, and you can find lots of self-reporting on this on forums and so on. Your processing time may vary depending on the consulate - some are busier or smaller and others and take longer to schedule appointments and handle cases. HisMajestyBOB posted:My wife arrived in the US on a K-1 visa and we got married. We're working on the adjustment of status forms now, and it asks for the fiancee petition approval notice. Unfortunately, it was included in a folder with all the other forms and proof of support - when my fiancee had her interview, she handed those over and they never returned them. Why does the AOS need the original petition? She had the interview, got the visa, arrived on the visa, and has an I-94 - isn't that good enough? gently caress. Do you have anything for the fiancee petition? You don't need the original notice, you can submit a copy of it. If you kept a copy of everything you gave to the consulate (you should always keep a copy!) you should be fine. In the situation in which you did not keep a copy, do you have the receipt notice? You could explain the situation and include a copy of the receipt notice along with a printout of the case status showing it was approved. If you don't have a receipt notice, you can potentially pull the receipt number off the back of the check you used to pay the fees, and provide the receipt number and a copy of the case status report. If you don't have any of this at all, well, uh....  In the worst case scenario, you can prepare an affidavit explaining what happened and that the consulate kept the approval notice. You can contact the consulate to request it, but good luck with that (although having done so is useful when making your affidavit to show you are making a good faith effort). It is also possible to file an I-824 to request a duplicate approval, but that will be hard to do without the receipt information. The A# is not required for the application to be accepted. Providing the number makes it easier for them to connect it to your case file, but they can do that without it and it will be ok.
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May 29, 2015 14:32
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WetSpink posted:Saw a guy mention getting added as a secondary on wife's Bank of America credit card up thread and thought I should mention that in my research I found that they're one of the few institutions that don't submit secondary account holder information to credit agencies. They're also unideal in terms of secured credit card based on reviews I looked at but ymmv. I ended up getting it on BoA. I assume they do submit it given they are a huge bank? Although it makes me wonder, I assume credit agencies use the SSN as a primary unique key to identify people anyways, it might be pointless regardless but it's worth a shot anyways.
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May 29, 2015 16:38
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PRADA SLUT posted:Is there a place with a concise, step-by-step detailing of what the requirements / paperwork / fees / etc are for a K-1 visa? Read the instructions for the I-129F (seriously, read every single page of it and pay careful attention), there's a lot of stuff it tells you to submit with it (documentation proving eligibility to marry, documentation proving that you, the petitioner, are a US citizen, documentation to comply with IMBRA if it's relevant to your situation, etc.)
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May 30, 2015 22:12
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Ashcans posted:
Would the receipt for the DS-160 and the receipt & number from the payment to the consulate work?
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Jun 2, 2015 03:46
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HisMajestyBOB posted:Would the receipt for the DS-160 and the receipt & number from the payment to the consulate work? I can't really tell you what will work, because without the required documentation you are trying to hit a bar of 'good enough for the officer', which is not predictable. You should definitely put together what documentation you have though, including those, and submit them with the petition. It is probably a good idea to write a letter/affidavit about it - if its just missing they'll assume you forgot and RFE for it, if you include an explanation then they'll take a second look first. Does the payment information for the consulate include the case receipt number? Or does it show your DS-160 receipt? You really want to be able to provide the receipt number for the approved I-129F so that they don't have to search for this information. In a pinch you may be able to call USCIS and explain the situation and see if they can look it up using name and birthday. It's a longshot but I've done it before.
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Jun 2, 2015 04:08
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Wooooo After 8 or 9 months, my I-130 for my case finally got approved! I guess that means I can't expect an interview till December in the winter 
lol internet. fucked around with this message at 04:10 on Jun 5, 2015 |
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Jun 5, 2015 03:51
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lol internet. posted:Wooooo Good news  I hope the next stage isn't too long for you.
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Jun 5, 2015 04:36
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Speaking of the H-1B situation for PhDs, what exactly *are* the odds of succesfully adjusting to EB-1 or EB-2-NIW? I realise this is going to vary very much on a case-by-case basis, but I mean in general is it a done thing, or is it next to impossible? Details: I'm a PhD in Neuroscience with 3 years of postdoc experience, a coveted national fellowship from my country and 4 publications in decent journals (three first author) with another two in the "will be submitted soon" stage. I'm a J-1 postdoc right now.
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Jun 10, 2015 00:34
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SuperiorColliculus posted:Speaking of the H-1B situation for PhDs, what exactly *are* the odds of succesfully adjusting to EB-1 or EB-2-NIW? I realise this is going to vary very much on a case-by-case basis, but I mean in general is it a done thing, or is it next to impossible? Are you Indian on mainland Chinese? Is your J-1 subject to the two-year rule? (It should say on the visa.)
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Jun 10, 2015 02:43
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SuperiorColliculus posted:Speaking of the H-1B situation for PhDs, what exactly *are* the odds of succesfully adjusting to EB-1 or EB-2-NIW? I realise this is going to vary very much on a case-by-case basis, but I mean in general is it a done thing, or is it next to impossible? No one is going to give you odds, not even a lawyer you hire and pay money to. People really really want to get some sort of percentage on their case and it just doesn't really work that way. Having said that, getting a EB-2 NIW or EB-1 OR for a fairly recent grad isn't impossible, but it does require that you be a cut above your peers. It also requires that you get a lawyer who has actually made a practice of these cases successfully. I see people periodically who have paid someone a few thousand dollars and they have farted out some barely-passable petition that inevitably gets RFE-ed and then denied, either because it wasn't actually the attorney's core practice or they knew it was a longshot and didn't compensate. The best way to find a good lawyer is to get a recommendation from other people who have done this successfully.
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Jun 10, 2015 04:35
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Question about E3 visas I had partially completed my university degree in Software engineering (BSc with Major in software engineering/Minor in business) before quitting it to work full time. I've been in the software engineering industry now for 9.5 years, in addition to the 1.5 years I did at university. Would that see me over the line for relevant experience? I want to work in the US as a technical product manager. There is no formal qualification for the role itself, and most applicants are asked to have software engineering backgrounds or CS/SE degrees. Is my experience sufficient enough to satisfy a visa? Can I expect there to be questions between the advertised role title, and my qualifications? Also I'm a dual citizen to both Australia (birth) and the UK (paternal bloodline), will that affect the E3 as its for Australians only?
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Jun 10, 2015 06:29
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How do you find out the NVC qualifying date? And does Priority need to crossover it prior to being processed, or gaurenteed it will be by then?
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Jun 10, 2015 14:22
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adrenaline_junket posted:Question about E3 visas The E-3 is a visa reserved for 'Specialty occupations', which is one that requires 1) A theoretical and practical application of a body of specialized knowledge; and 2) The attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. The fact that you do not have a degree is a significant obstacle. You will note that the requirements include 'or its equivalent'. Generally, this means that someone may demonstrate they have comparable knowledge to a degree through experience; this is typically done at a 1-to-3 exchange (ie, 3 years of work can be considered 1 year of study). You have 9 years of work and 1.5 years of study, so in theory this is an option to you. However, you can't just make this declaration, you would need to find someone to evaluate your study and experience and make the argument that you have the equivalent of a bachelor's degree. In addition to your own qualifications, the position needs to require that level of knowledge. It doesn't do you any good to get an evaluation if the position in question doesn't typically require a degree (which is true for many low-end CS roles, but not most mid-upper level ones). For instance, data entry is not a specialty occupation, but software development is. E-3s are adjudicated directly at the consulate, not with USCIS, so you will see big variations between what USCIS has determined is a specialty occupation and what a consulate will accept. My experience is that they are broadly more permissive, but that is only in regard to occupations - I have never tried to file an E-3 without an actual degree and I have no idea how the consulate would regard it, or if they would honor the 3-1 exchange. lol internet. posted:How do you find out the NVC qualifying date? And does Priority need to crossover it prior to being processed, or gaurenteed it will be by then? No dates are guarantees. At best they are targets and exceeding them allows you to open additional ways of inquiry on your case, but even statutory deadlines are effectively not assured (because you would basically have to sue to enforce them which will take fifteen times longer than it ultimately takes to handle your case anyway)
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Jun 10, 2015 16:19
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TheImmigrant posted:Are you Indian on mainland Chinese? Is your J-1 subject to the two-year rule? (It should say on the visa.) No, and no. I'm from an English-as-first language country and am Caucasian. I realize that precise odds are impossible, but I was just wondering about the ballpark. My current plan is to get a faculty job on H-1B and petition for a labor-tested EB-2, but I wonder about the alternatives if that plan goes sideways.
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Jun 10, 2015 20:54
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SuperiorColliculus posted:No, and no. I'm from an English-as-first language country and am Caucasian. I realize that precise odds are impossible, but I was just wondering about the ballpark. My current plan is to get a faculty job on H-1B and petition for a labor-tested EB-2, but I wonder about the alternatives if that plan goes sideways. First, keep in mind that if current patterns hold, you'll have a one in three chance for an H-1B filed on your behalf next April 1. The number of visas available doesn't come close to meeting the number of approvable petitions. Second, like H-1Bs, you don't file EB-2 petitions; your employer does. If you get an H-1B, you'll have six years on that. Finally, I can't begin to assess the approvability of visa petitions without a consultation. Sorry. It would be professionally irresponsible. I asked if you were Indian or Chinese because there is a serious NIW backlog for them.
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Jun 10, 2015 21:55
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TheImmigrant posted:First, keep in mind that if current patterns hold, you'll have a one in three chance for an H-1B filed on your behalf next April 1. Aren't higher ed institutions cap exempt?
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Jun 10, 2015 22:44
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TheImmigrant posted:First, keep in mind that if current patterns hold, you'll have a one in three chance for an H-1B filed on your behalf next April 1. The number of visas available doesn't come close to meeting the number of approvable petitions. Second, like H-1Bs, you don't file EB-2 petitions; your employer does. If you get an H-1B, you'll have six years on that. Academica isn't subject to H1-B caps. That having been said, I've seen plenty of postdocs with a publication record like that get in through EB-1. He certainly seems to have enough to make a credible case that he meets the requirements for an EB-1 under the "Outstanding Professors or Researchers" criteria, specifically: 1. "Evidence of original scientific or scholarly research contributions in the field" and 2. "Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field", he also may be able to make a case that he has "Evidence of receipt of major prizes or awards for outstanding achievement ".
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Jun 10, 2015 22:56
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With regards to the h1b employment cap: last year it was 172k applicants, this year 233k. Next year I'm guessing it'll be 300k if the market doesn't crash. Currently it's like a 1 in 3 chance. This year three of my colleagues applied and two got it. The one who didn't get it also didn't get it last year, very bad luck. I'm lucky I applied in 2010 or so, when the cap was not reached.
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Jun 10, 2015 23:12
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SuperiorColliculus posted:Aren't higher ed institutions cap exempt? Yes they are. I overlooked that - my mistake.
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Jun 10, 2015 23:42
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Ashcans posted:I am not sure I understand your question. Are you asking about finding out when priority dates become current, or what processing times are for the NVC once an application is eligible for processing? Sorry, I think its the processing times are for the NVC. I was assuming a specified priority date is basically a date where everything gets wrapped up no later then what was specified. Also, SSN automatically sent through mail? For those who have went that route, how long did it really take? Asking this, because I don't want to actually leave my current job until hopefully I secure a job there first which I am assuming should probably take me up to 3 months but no later.
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Jun 11, 2015 03:33
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