|
edit: bad info
|
#
?
Jun 11, 2015 18:18
|
|
|
|
| # ? May 11, 2024 15:47 |
|
|
My ssn came 5 days after I got here but I did cr1.
|
|
#
?
Jun 12, 2015 02:49
|
|
|
My fiancee is a non-US citizen who's been living in the US for several years while going to school. She applied for an OPT visa(?) for her new job but then we moved for said job and she changed her mailing address, and now it's stuck somewhere in bureaucracy limbo. Her current job is allowing her to work right now without her OPT but they can't pay her for this month without it, and if she doesn't get paid we can't make rent next month (unless I find a job soon, I quit mine to move out here with her). This probably isn't an ideal thread for this, but since it's about US visas I'm not sure where else to bemoan our fate. Any advice on who or which agency to contact to get things moving again? We know the physical OPT exists (or existed at some point), they delivered it to our old address originally and then sent it back to their distribution center the day my fiancee told them she was coming to pick it up in person. She's been reading US Immigration boards for the last couple hours, muttering things like "this person got theirs in four days, it's not fair" and "this person says it could take up to 90 days, we're hosed", and she hasn't learned not to trust everything she reads on message boards so I don't know how to help 
C-Euro fucked around with this message at 04:23 on Jun 12, 2015 |
|
#
?
Jun 12, 2015 03:35
|
|
|
If, say, I wanna study in the US on an F1 visa and I'm from a visa waver program country, is it possible to get a B2 visa to arrive early for the purpose of tourism and then change it to an F1 nearer to the start of school? No tricks or intent to immigrate, just more convenience than leaving and filing the F1 and re-entering. How do people from Visa Waver Program countries get B2 visas? The school is in the midwest but the tourism would be Cali / Mexico. I know changing status takes 3-4 months and you should wait 3 months before applying to change. It would be a long summer road trip paid for by some saved money. Modest Mao fucked around with this message at 10:09 on Jun 12, 2015 |
|
#
?
Jun 12, 2015 10:07
|
|
|
C-Euro posted:My fiancee is a non-US citizen who's been living in the US for several years while going to school. She applied for an OPT visa(?) for her new job but then we moved for said job and she changed her mailing address, and now it's stuck somewhere in bureaucracy limbo. Her current job is allowing her to work right now without her OPT but they can't pay her for this month without it, and if she doesn't get paid we can't make rent next month (unless I find a job soon, I quit mine to move out here with her). This probably isn't an ideal thread for this, but since it's about US visas I'm not sure where else to bemoan our fate. Any advice on who or which agency to contact to get things moving again? We know the physical OPT exists (or existed at some point), they delivered it to our old address originally and then sent it back to their distribution center the day my fiancee told them she was coming to pick it up in person. She's been reading US Immigration boards for the last couple hours, muttering things like "this person got theirs in four days, it's not fair" and "this person says it could take up to 90 days, we're hosed", and she hasn't learned not to trust everything she reads on message boards so I don't know how to help Ok well to start off, has she actually called and spoken to USCIS about this? If not, she needs to immediately call them, confirm they have the correct address on file, and ask them to re-mail the card to her new address ASAP. This should not take long. Your fiancee can also contact the representative/senator for wherever you are living and ask them for assistance with a federal agency. Pretty much every office has a link on their website to this service. She will need to complete a privacy release and give them details about the case, and they can contact USCIS on her behalf to try and expedite this stuff. Related; when you said she 'changed her mailing address', do you mean with the post office, or with USCIS? Any time you move you need to complete an AR-11, and also update the address for any pending applications. You can do this online, and if done properly it is supposed to stop this from happening. Also what her job is doing is pretty shady.
|
|
#
?
Jun 12, 2015 14:18
|
|
|
Ashcans posted:Ok well to start off, has she actually called and spoken to USCIS about this? A few times a week for the last three weeks. Ashcans posted:Any time you move you need to complete an AR-11, and also update the address for any pending applications. Check. Ashcans posted:Also what her job is doing is pretty shady. It's an academic postdoc so the line is a little less clear-cut in terms of "working" for them. The main thing is that she's obviously not on their payroll without the F1-OPT and her pay is a monthly stipend, not hourly. So they haven't given her any money yet of course, but if this hasn't shown up by the end of the month she'd miss out on her monthly stipend and we'd be screwed. BUT she was trawling immigration message boards last night and got your same idea to contact a local Congressman, and after ten minutes with a secretary there we were informed that her OPT should arrive early next week  But thanks for your advice too!
C-Euro fucked around with this message at 01:15 on Jun 13, 2015 |
|
#
?
Jun 12, 2015 18:12
|
|
|
Our local Congresswoman saved our butts, thank god she intervened for us or we would have been in AP hell following my CR1 interview in Australia with some loving fuckwit who didn't know the loving law regarding tax for self employed persons ffffffffffffff sorry still really sore about that. Took me a couple of weeks to get my SSN but my green card probably took 6-7 weeks. But it's here hooray!
|
|
#
?
Jun 12, 2015 21:25
|
|
|
Congrats! Glad all your stuff has been sorted finally. My paperwork is en route to the lockbox now so uh...pray for me I guess.
|
|
#
?
Jun 13, 2015 04:34
|
|
|
They threw me a RFE a few weeks ago and I'm currently about 3 weeks into waiting to hear if what we've sent them back is good enough for a green card or not. IIRC I initially sent my paperwork out to California, but we're now dealing with the USCIS service center in Lee's Summit, MO, not sure if that's a good or bad thing.
|
|
#
?
Jun 13, 2015 23:41
|
|
|
I submitted my i-751 in mid-january and I got my approval notice at the end of last week and my green card in the mail a day later. Tremendous relief. Now I think I can get citizenship on the 5th anniversary of my original 'temp' green card? That'd be in 2.5 years time. Thanks for all the info in the thread everyone, and good luck. This stuff seems to be getting harder and harder: a colleague of mine has to leave the country because his finished-studying-can-work-2-years visa ran out and his H1B application failed for 2 years in a row due to bad luck.
|
|
#
?
Jun 19, 2015 19:53
|
|
|
Are you married to a US Citizen? If so, you can file after 3 years as an LPR instead of 5. (Provided you have been married to the USC that whole time.)
Manifest Dynasty fucked around with this message at 20:39 on Jun 19, 2015 |
|
#
?
Jun 19, 2015 20:36
|
|
|
Manifest Dynasty posted:Are you married to a US Citizen? If so, you can file after 3 years as an LPR instead of 5. (Provided you have been married to the USC that whole time.) Yes I am married to one. So if I got my original 2-year-temp-conditional-on-marriage green card originally in Jan 2013, which I did, does that mean I can get citizenship in January next year? Or does the 3 years only start after my 'non temp' green card is issued which is last week? edit: My question is really, is the 3 years of permanent residence, starting from: a: as soon as I got my non-conditional green card, last week i.e. 3 years from now or b: when I got my original temporary 2 year green card in jan 2013, which just got turned into a 'for real' green card last week, i.e. NEXT loving JANUARY!!!??? redreader fucked around with this message at 22:06 on Jun 19, 2015 |
|
#
?
Jun 19, 2015 22:01
|
|
|
The two conditional years count, so your three years trigger on January 2016.
|
|
#
?
Jun 19, 2015 22:05
|
|
|
Manifest Dynasty posted:Are you married to a US Citizen? If so, you can file after 3 years as an LPR instead of 5. (Provided you have been married to the USC that whole time.) Ashcans posted:The two conditional years count, so your three years trigger on January 2016. Thank you so much, both of you. I had no idea I was this close. This is amazing  You've really made my day/week/month, as if getting a green card wasn't enough. Let me know if I can get upgrades for you or get you steam games or an amazon voucher or something.
|
|
#
?
Jun 19, 2015 22:08
|
|
|
redreader posted:Thank you so much, both of you. I had no idea I was this close. This is amazing Are you also aware of the 90-day early filing window?
|
|
#
?
Jun 20, 2015 00:17
|
|
|
Manifest Dynasty posted:Are you also aware of the 90-day early filing window? Lol no. So if I am eligible mid Jan, I can apply mid October?
|
|
#
?
Jun 20, 2015 00:42
|
|
|
http://www.uscis.gov/early-filing-calculator
|
|
#
?
Jun 20, 2015 00:47
|
|
|
So while my stupid work situation figures itself out, I will be travelling from Canada to the US for at least the month of July. My girlfriend is flying ahead of time (PEI to California) to meet her start date on her TN-1 (veterinarian) internship. I'll be driving shortly after in her car, with her 2 cats, a few things we aren't selling from our apartment, and enough of my clothes for the month. My question is how the best way to declare all this stuff works, and what forms I can/need to fill out ahead of time. I'll be arriving at the border between New Brunswick and Maine. My license will be Prince Edward Island-issued. I'm not sure what stuff they have on file at the border but I'll be changing my residence to my mom's place in Ontario until my work stuff figures itself out and I know if I can stay in the US or return to Canada. The variables: Me: Planning on on the usual easy 90-day visa. I don't have a set departure time from the US; we're attending a wedding in Hawaii late in July and by that point I'll know what's going on with my job and whether or not I'll be getting a work visa in the US. If not, I'll be returning to Ontario to sort things out. The car: Hers. Last time I drove it across the border (Det/Windsor) I just had a notarized letter giving me permission. The cats: Hers. She's their vet, they'll have full papers for vaccines, etc. My clothes: Mine, fitting in a suitcase. Assuming it won't be an issue as part of the visitor visa. The stuff: Trying to minimize this as much as possible, it will likely be a small box of glasses/mugs, a box with vet text books and some other misc, and maybe one other box of clothing and things. Misc: There'll also be some odds and ends card stuff like an impact wrench/car jack, does that stuff get specifically declared if it's related to the car coming in? The form I'm looking at right now is 3299, which seems to be aimed at moving companies bringing things across but is worded such that I think it fits our situation, too (someone other than the owner declaring items to enter the US on a permanent/temporary basis). Otherwise I just plan to explain the whole messy situation to the border guy and hope it makes sense. Any guidance would be appreciated, this is a terrible clusterfuck from my perspective.
|
|
#
?
Jun 22, 2015 02:01
|
|
|
I really wish that I could help you here, but as dumb as it sounds customs stuff is actually a whole different thing from immigration.  So anything I told you would basically be googling poo poo and guessing on your behalf. You could try calling the CBP Infocenter? They should at least be able to tell you what forms and stuff you need to be filling out.
|
|
#
?
Jun 22, 2015 02:45
|
|
|
Pleads posted:So while my stupid work situation figures itself out, I will be travelling from Canada to the US for at least the month of July. If you're a Canadian citizen, you should be getting 180 days, not 90.
|
|
#
?
Jun 22, 2015 04:09
|
|
|
Powerlurker posted:If you're a Canadian citizen, you should be getting 180 days, not 90. Ashcans posted:I really wish that I could help you here, but as dumb as it sounds customs stuff is actually a whole different thing from immigration. One of my friend's friends is a border guy apparently. Allegedly, in addition to the 3299, I need a copy of my girlfriend's passport, and a copy of her work authorization. I can copy her job offer right now, but she won't be getting the TN-1 visa until the day before I leave. Please tell me they give her a paper slip or a passport stamp she can scan and send to me before I reach the border... What a shitshow!
|
|
#
?
Jun 22, 2015 13:39
|
|
|
They should put a stamp in her passport. In addition, you should be able to look up her I-94 online and print out a copy of that which will show her entry and status in the US.
|
|
#
?
Jun 22, 2015 13:50
|
|
|
Edit: On second thought, posting this was probably a bad idea and Ill just play it by ear. This thread is more about the actual process and forms etc. But i still second the recommendation about Howling Wolf. Great tacos. Moneyball fucked around with this message at 13:51 on Jun 23, 2015 |
|
#
?
Jun 23, 2015 03:25
|
|
|
Uh, why don't you just play it by ear? She's not asking you to marry her now, so if you want to see her see her and then decide if she's after your visa or just would like to see you. If you don't want to see her, then don't.
|
|
#
?
Jun 23, 2015 12:05
|
|
|
Hello thread. I'm an Indian citizen married to a US citizen and we both currently live in France. We are intending to move to the US in the next 6-12 months. I've filed an I-130 petition which has now been accepted. I'm assuming the next step is waiting for a letter in a mail to make a biometrics appointment and eventually an interview for the green card. That part's all clear. What's not clear is how it works after that. My understanding is that the petition gets approved after the interview but the green card itself doesn't get approved until we show up at a US border crossing with my approved petition packet. Reading up online tells me different things about how this works. Once I present myself at a border and get the green card approved, am I allowed to leave the country again? Is there a waiting period before I can do so? The reason I ask is this: once the petition is approved, I may want to make a trip to the US just for 1-2 weeks to find a place to live and set up bank accounts and all that jazz, with the intention that I come back here to France to help close up shop and pack everything up. In other words, the petition is approved, I show up at the border, get the green card approval, look for a place to live, set up a bank account, buy a car, travel back to France, pack up, close all my accounts, pick up my wife and we both fly to our new home. We'd prefer to be able to set the groundwork in our new home first rather than pack up everything up and move there without a place to live, especially since we are intending to move to a city where housing is notoriously difficult to find. Any experience or knowledge on what the rules are regarding travel back and forth?
|
|
#
?
Jul 5, 2015 16:57
|
|
|
Kwagga posted:Hello thread. I'm an Indian citizen married to a US citizen and we both currently live in France. We are intending to move to the US in the next 6-12 months. I've filed an I-130 petition which has now been accepted. I'm assuming the next step is waiting for a letter in a mail to make a biometrics appointment and eventually an interview for the green card. That part's all clear. You won't be scheduled for biometrics until you file an I-485. The I-130 isn't an application for an immigrant visa - it just gets you recognized as your spouse's next of kin.
|
|
#
?
Jul 5, 2015 17:04
|
|
|
TheImmigrant posted:You won't be scheduled for biometrics until you file an I-485. The I-130 isn't an application for an immigrant visa - it just gets you recognized as your spouse's next of kin. An I-485 is for an Adjustment of Status. I am doing consular processing as I am outside of the United States. There is nothing in any of the procedures that I've read that say I need an I-485. Can you point me to other information if you have it?
|
|
#
?
Jul 5, 2015 17:14
|
|
|
Kwagga posted:An I-485 is for an Adjustment of Status. I am doing consular processing as I am outside of the United States. There is nothing in any of the procedures that I've read that say I need an I-485. Can you point me to other information if you have it? Ah, I see. Good thing I'm not working today. It's been a while since I've done an IV with consular process, but I think you'll need to fill out a DS-261, your spouse will need to complete an Affidavit of Support, and then your immigrant visa application with DS-260 (online). Wait for Ashcans to confirm this. Have you heard from National Visa Center yet? Are you planning on going through US Embassy-Paris? I've never done a third-country national immigrant visa with them, but they have adjudicated third-country national E-2s for my clients (and are way friendlier than London).
|
|
#
?
Jul 5, 2015 18:04
|
|
|
TheImmigrant posted:Ah, I see. Good thing I'm not working today. It's been a while since I've done an IV with consular process, but I think you'll need to fill out a DS-261, your spouse will need to complete an Affidavit of Support, and then your immigrant visa application with DS-260 (online). Wait for Ashcans to confirm this. Have you heard from National Visa Center yet? I'm still waiting to hear from the NVC. I understand the next steps are: I'll receive forms (the DS-261 I guess) and request for further documentation which I will then fill out and take to the consulate in order to get my biometrics and then an eventual interview. The USCIS received my I-130 on June 6th so I assume I should expect to wait another few weeks to hear from the NVC. And yes I assume it'll be the Consulate in Paris. Good to hear that they're friendly.
|
|
#
?
Jul 5, 2015 18:12
|
|
|
In terms of your green card and travel questions: the date you inter the US with your immigrant visa, you are a permanent resident, with all the rights that entails. The immigrant visa says on it that it serves as proof for 1 year from the date of endorsement. So if you need to travel before you receive your real card, use this as proof. You are entitled to travel just as any other LPR. Your physical green card is processed through a computer system called ELIS. You create your account, enter your info, and pay your immigrant fee. Meanwhile the physical paperwork in your packet that you gave to CBP is processed down in Texas. Once everything is all matched up and paid for, your card is printed and mailed. This can take a few weeks in the best case, and much longer in the worst. (It is possible for you IV packet paperwork to take a while to reach Texas and be processed, or even lost.) Take note: ELIS is a relatively new system, and it is terrible. Make sure you are absolutely sure you are putting the correct info into the correct fields. (We don't make this easy. For instance, your A number is your Registration Number is your Alien Registration Number is your Alien Number, depending on what you are looking at.). It is possible to put incorrect numbers/info into your account and have it accepted. Then you pay, but that payment is never attached to the correct application (because of the incorrect info) and so the card never gets produced and you get to navigate our help lines. Also, be careful about changing your address between entry and receiving your green card. At one point, using an AR-11 (Address change form) didn't actually update the ELIS system. Make sure you change it through your ELIS account. (I used to work on green cards that were miss-produced or miss-delivered, and a huge number of them were caused by these "quirks" in ELIS.)
|
|
#
?
Jul 5, 2015 18:44
|
|
|
All good info. Thanks for that. Any one of you know how long it should be till the NVC contacts us?
|
|
#
?
Jul 5, 2015 19:41
|
|
|
Can someone that's married and started working shed some light on something for me? I applied for a K1 for my fiancee about a month back, and it's processing. I was doing more research today, and I was something about having to fill out an i-485 (permanent residency) form as well, which runs like an extra $1000. Also, apparently that form is needed (and takes months to process) before it's possible for my fiancee to work in the US on an I-765? The I-765 work authorization (K1 status) looks like it expires when the K1 does, but that seems odd because it's at least a 3 month processing time to get it, which would mean that it would expire before it was even sent. It also seems like it takes ~5 months for the i-485, which would mean that they would be deported even if we were married, and then have to come back in 5 months when the form processes, and then they can stay. Something doesn't seem right here, but I"m not sure. The goal is for my fiancee to be able to come to the US and start job searching right away, and we'll get married at some point within the 3 months (haven't decided on a date) allowed by the K1. Will they be deported if we're married but don't have an i-485? Will they be able to fill out a I-765 and work? We have enough money to be able to survive for a few months, but there's no way we can afford 5 months of downtime if we have to wait until we're married, then for the i-485 to process and then apply for a work visa then. PRADA SLUT fucked around with this message at 16:29 on Jul 9, 2015 |
|
#
?
Jul 9, 2015 16:16
|
|
|
PRADA SLUT posted:Can someone that's married and started working shed some light on something for me? I'm confused by this question. Is she applying for a K-1 visa or a work visa of some kind? If it's a K-1, you can file for a work permit (Employment Authorization Document) at the same time you file the I-485, but you can't do either of those before you are married. The K-1 visa by itself doesn't allow you to work. So yes, your fiancee might be waiting for several months before she can work, but if you get married ASAP after her entering the country you can cut down on that time. edit: Maybe I'm wrong. This seems to suggest you can get your EAD before you're married, but due to the time it will take, it's not likely to save you a whole lot of time, and you'll have to pay extra if you don't send it along with the I-485. If you're really in a hurry and need to save money, you should just get married as soon as you can. If you need time to plan a wedding, just have a quickie civil wedding and then plan a celebration later. Florida Betty fucked around with this message at 16:39 on Jul 9, 2015 |
|
#
?
Jul 9, 2015 16:35
|
|
|
We filed for a K1 a month ago, and that's it so far. We plan on doing a civil. The only reason we're delaying is because we haven't lived together and want to wait a few weeks to make sure everything works between us beforehand. The concern is more about being able to work for her. She's educated and can get a "real" job, but we want to avoid being incomeless as much as possible. So you get married, file the 485 and work auth, but what happens in the meantime? Does she head back until they process it? Does she just sit around jobless for 5 months? PRADA SLUT fucked around with this message at 17:37 on Jul 9, 2015 |
|
#
?
Jul 9, 2015 17:32
|
|
|
Once you have an I-485 filed and pending you have authorization to remain in the US while it is adjudicated. She does not leave the country. Leaving the country while your I-485 is pending actually risks you abandoning the application and having it denied (unless you travel appropriately using the advance parole you apply for). So don't do that. You can file for temporary work authorization when you file the I-485, which is usually approved in 60-90 days. This can be used to work while the I-485 is pending. So generally what you would do is this: Get K-1 approved Enter US Get married File I-485 & I-765 Wait I-765 is approved, you can work I-485 is approved, you are a resident
|
|
#
?
Jul 9, 2015 18:13
|
|
|
I didn't get an answer to this earlier but now that people are reading this thread again: I'm doing consular processing here in France to get myself a green card through marriage. My wife and I submitted an I-130 in June (priority date June 9th) and I have received the I-797 already. I believe the next step now is to wait for the National Visa Center to send us a packet with more forms and a required list of documentation. How long should I expect to be waiting for this packet to show up? edit: should specify my wife is a US citizen, which I believe removes any waiting time for a visa number to become available Kwagga fucked around with this message at 18:35 on Jul 9, 2015 |
|
#
?
Jul 9, 2015 18:32
|
|
|
Has your application been approved? Or just receipted? It will not be sent to the NVC until it has been approved by USCIS. I-130s usually take 4-5 months to process and approve by USCIS, so I am guessing you just have a receipt notice at the moment.
|
|
#
?
Jul 9, 2015 18:56
|
|
|
Ashcans posted:Has your application been approved? Or just receipted? It will not be sent to the NVC until it has been approved by USCIS. I-130s usually take 4-5 months to process and approve by USCIS, so I am guessing you just have a receipt notice at the moment. Yes it's just a receipt. I didn't realise it would be 4-5 months just for the I-130. Does that apply even for applications through marriage to a US citizen?
|
|
#
?
Jul 9, 2015 18:58
|
|
|
Yes, unfortunately it applies to everyone. Being a spouse means you are not subject to retrogression (the years-long wait for a spot some people endure) but you have the same processing as everyone else.
|
|
#
?
Jul 9, 2015 19:11
|
|
|
|
| # ? May 11, 2024 15:47 |
|
|
Ashcans posted:Yes, unfortunately it applies to everyone. Being a spouse means you are not subject to retrogression (the years-long wait for a spot some people endure) but you have the same processing as everyone else. Fair enough. And once I kick off the consular processing phase, is that another 5 months or so?
|
|
#
?
Jul 9, 2015 19:12
|
|