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Are pictures a requirement? We don't really take pictures, which in hindsight has been pretty dumb of us, but we're just not really into it. I don't even know if we have any pictures since the first time we applied, but I guess we still have time to take some. We've been living together the whole time we've been in the States, and even though we're not really close to our neighbors they could at least vouch for that, so I could try to ask them to write affidavits for us. Edit - Is there a document or good way to prove that all our mail comes to the same address? Cuatal fucked around with this message at 16:10 on Oct 6, 2015 |
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Oct 6, 2015 16:08
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Nothing is required per se, so if you don't have pictures you can go without them, but they are a really easy thing to do that most people consider fairly normal to have. You don't need a ton of them, if you have pictures from holidays or visiting family or any big thing you go to it's fine. If you don't have any, well, Halloween and Thanksgiving are right around the corner! Although 'here are 37 pictures we took immediately before filing' is not really that helpful. Do you own your home? If you are renting, a lease is the best way to document where you are, assuming you are both on it. If not for some reason, then I guess a letter from your neighbor or landlord would work fine. If you own your home, then you won't have a lease, but I would expect your spouse to appear on the title or home insurance or something. For documenting mailing address, we usually just provide actual copies of stuff mailed to you. Copies of bank statements that were mailed to you, personal mail of any kind, basically anything that isn't just junk. Again, you're trying to build the evidence in favor of believing you. Would you have your bank mailing stuff to somewhere you don't live? Would you give your family a bogus address for their letters?
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Oct 6, 2015 16:43
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I really have no clue if I should be asking this question here but before we contact an immigration attorney or a government agency, I was hoping for some advice. So, my problem is as follows. I've been in a serious relationship for almost a year with a Bosnian guy (full citizen since 2007). He came over after the war, along with his 3 siblings. All of them are doing quite well here minus his older brother. Older brother has been in and out of jail since 1999 (currently in jail now for simple assault and public drunkenness), is married but has been separated/no contact with wife or adult children since 2004. Well, this brother has been 100% supported by my boyfriend since 1999. He serious traumatic brain injury most likely from the war which has led to him having seizures, which get worse when he drinks (he's most likely an alcoholic). Long and short of it, we want to get his brother's permanent residency revoked and get him back to Bosnia where his mom and dad can take care of him. My boyfriend just can't do it anymore, nor do I think he should. His brother won't go willingly back to Bosnia and doesn't understand (his short term memory is shot, akin to a goldfish) why it would be better for him. Also of note, he has not filed taxes or worked since around 2002. It's just a mess and we are at our wit's end. When ICE conducted that nationwide roundup in late winter, they picked up his brother, put him in a detention center for 3 mos then just released him. You'd think someone who's been in jail multiple times for public drunkenness, disorderly conduct, violation of PFA orders, etc. would easily be removed but nope. I understand his crimes probably aren't severe enough but all of the jail time he's served plus paying 0 taxes, we were hopeful he'd be deported. We're considering contacting the local ICE office and/or talking to an immigration attorney. A probation officer called my boyfriend this past Friday and asked if his brother can continue living with him after his court date in November, if he doesn't have to serve any more time. He wants to say no but also doesn't want to make his brother homeless. We want to move in together in the springtime but with this poo poo going on, our lives are on hold. It really sucks. Does anyone know if there's anything we can do in this situation or at least where to start? I know this question is pretty much the opposite of everything being discussed in this thread!
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Oct 6, 2015 16:50
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Speaking of leases: Is my renter's insurance thing OK? Or maybe just the pages of the lease that have our names on it? I don't really want to send my entire 40-page lease if I don't need to.
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Oct 6, 2015 16:54
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Pig Head posted:[long post] I'm not an expert on this, obviously (here I am asking questions), but I'd think you'd be better off working something out between your family members than trying to get him deported.
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Oct 6, 2015 16:56
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RICHUNCLEPENNYBAGS posted:I'm not an expert on this, obviously (here I am asking questions), but I'd think you'd be better off working something out between your family members than trying to get him deported. Agreed, your way seems brutal. Maybe it's best to book him a flight home to see his parents and put him on it? Idk. If you don't want to do it anymore, as a couple you can decide that but I think having someones Citizenship (he's not a resident, he's a citizen right?) revoked is not even possible (as an individual, obviously) ... let alone reasonable. Anyway: can someone just clarify something for me? I'm sure this question has been asked but I couldn't find the answer and I'm scared of the actual information because it's so often wrong (IME): I arrived on 4/1/15, my green card says it expires 4/1/17, so I can start filing the adjustment of status to IR-1 from CR-1 on 1/1/17 right, then when can I apply for Citizenship? Is it 3 years after 4/1/15 (port of entry) or is it 3 years after my status adjustment to IR-1 is approved? Thanks in advance this is a dumb question I know.
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Oct 6, 2015 18:00
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Sharks Below posted:Agreed, your way seems brutal. Maybe it's best to book him a flight home to see his parents and put him on it? Idk. If you don't want to do it anymore, as a couple you can decide that but I think having someones Citizenship (he's not a resident, he's a citizen right?) revoked is not even possible (as an individual, obviously) ... let alone reasonable.
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Oct 6, 2015 18:27
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I know the Affidavit of Support is legally binding for the Adjustment of Status application, but is it also just as binding for the K1? I'm running into the problem of lacking the appropriate income to show support, and for reasons, there is no way that I can show it, or have enough assets in reserve to show the difference multiple (they won't take her assets she's bringing over into consideration, not that she has 100k anyway). Her papers expire soon, so we are basically out of time to come up with another plan. I can't get an affidavit of support from someone else because they (understandably) don't like the idea of being theoretically responsible for her for 10 years. My fiancee seems to think that you can get an Affidavit of Support for just the K1 visa (which she thinks isn't legally binding like the Adjustment of Status one is), which would allow us to at least have our ceremony in the US, at which point we would both leave the country and emigrate somewhere else, since there's no way for her to stay in the US on her merits alone (Masters in Computer Science, 7 years work as a Software Engineer, job offers from big tech companies in the US once she gets her green card... apparently not good enough unless I'm making 20k). Can anyone confirm / deny the legal binding of an Adjustment of Status for the K1 interview only? I cannot find any information regarding this. Apparently the consulate that is interviewing her requires an Affidavit of Support for the interview. RICHUNCLEPENNYBAGS posted:Speaking of leases: Is my renter's insurance thing OK? Or maybe just the pages of the lease that have our names on it? I don't really want to send my entire 40-page lease if I don't need to. I would imagine just the part where both your names are on it would be okay. I can't see why anyone would want the other 39 pages of clauses and fine print. PRADA SLUT fucked around with this message at 18:45 on Oct 6, 2015 |
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Oct 6, 2015 18:42
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You don't really have an immigration problem, you have a family problem. Your boyfriend needs to get his poo poo together and talk to his family and his brother about not wanting to be his custodian for life. It sounds like hie brother is in the unfortunate situation of being competent enough to avoid getting help but not competent enough to live a life without it. It's a very unfortunate position but trying to work him into a deportation situation is not a good idea for solving it. I think that you are imagining that someone would come and take his card and put him on a plane into the loving arms of his family, but it would probably be way, way messier and more drawn out than that, especially as the brother is not showing any signs of making wise choices. Also I would be very surprised if you could find an immigration attorney willing to go beyond a 'holy poo poo no' consultation on this - his permanent residence is none of your business unless you have a legal guardianship over him, and a conversation that begins 'so I would like to get someone deported...' is like pulling a fire alarm on the building. I guess you can dob in to ICE and see what happens, but it's not like he doesn't have status. PRADA SLUT posted:I know the Affidavit of Support is legally binding for the Adjustment of Status application, but is it also just as binding for the K1? I believe that the I-864 is equally binding across all applications - ie, until citizenship or until they have 40 quarters of work. It's possible though. Why does she think it is the case? If there isn't something solid backing that I would not assume it. I am sorry you are having issue with the support question. You don't have any family that are willing to make the leap?
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Oct 6, 2015 19:17
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Sharks Below posted:Agreed, your way seems brutal. Maybe it's best to book him a flight home to see his parents and put him on it? Idk. If you don't want to do it anymore, as a couple you can decide that but I think having someones Citizenship (he's not a resident, he's a citizen right?) revoked is not even possible (as an individual, obviously) ... let alone reasonable. You can file for Naturalization 90 days before the 3 year anniversary of your entry as an LPR, as indicated by the "Residence since" field on your card. In this hypothetical, the 3 year date would be 4/1/18. This assumes you are married to your USC spouse for the entire time, from entry to final Naturalization.
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Oct 6, 2015 21:08
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Pig Head posted:He has permanent residency, not citizenship. I'm still learning the ins and outs of all of this stuff but I do think permanent residency can be revoked. I wish my boyfriend's family would be more proactive and realize what a lovely situation this puts him/us in. And I wish we could get him on a plane for him to spend time at home but the last time he did that, the brother stayed in Bosnia for about 6 mos and came back, only to be in jail again a few weeks later. The brother is incapable of making decisions about his life so I'm really thinking now that the family has to step up and help. Thanks for the replies! You won't find an immigration attorney who will work with you on this, as it raises all kinds of ethical issues. If he's not an aggravated felon or been convicted of crimes involving moral turpitude (a term of art in immigration law), ICE probably won't serve him a notice to appear to get him in removal proceedings. Keep in mind too that someone who has been removed from the US very rarely will have an opportunity to return. Removal is way too blunt a tool for what you are looking to achieve here.
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Oct 6, 2015 21:32
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Ashcans posted:I believe that the I-864 is equally binding across all applications - ie, until citizenship or until they have 40 quarters of work. It's possible though. Why does she think it is the case? If there isn't something solid backing that I would not assume it. http://www.state.gov/documents/organization/86988.pdf (Page 15) She's told me if things don't work out or we get divorced, she will just leave the country (and I believe she would, unless she had some sort of high profile job here, which wouldn't matter because she would have work then anyway). Neither of us are having any kids, which removes much of the "welfare" option anyway. She also said she's willing to sign whatever contracts / papers anyone wants that says she won't sue / will pay back anything that gets charged, etc, even going so far as to offer to put some of her money in escrow to enforce it (if such a thing is possible). I'm in school, and it would require me to drop out (and lose my grants/etc) for work and even then, my fiancee thinks the consulate would deny us because of my questionable and uncertain work situation.
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Oct 6, 2015 23:37
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Ashcans posted:You can't reuse stuff from the original application. The whole point is that you are trying to show that the relationship is real and remains real, not just resubmitting all the stuff that passed initial muster. I would actually say that resubmitting stuff is worse than submitting less, because it's basically saying 'I have done nothing to demonstrate this relationship in two years, please don't notice that'. There's a nontrivial chance that they'll be asked to submit all that stuff over again. We got an RFE for my wife's I-751 that basically asked us to submit stuff we already sent in for the initial AOS (they said the apartment lease we sent in didn't count because it was too recent, the bank statements didn't cover a long enough period of time, etc.)
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Oct 7, 2015 00:16
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Pig Head posted:He has permanent residency, not citizenship. I'm still learning the ins and outs of all of this stuff but I do think permanent residency can be revoked. I wish my boyfriend's family would be more proactive and realize what a lovely situation this puts him/us in. And I wish we could get him on a plane for him to spend time at home but the last time he did that, the brother stayed in Bosnia for about 6 mos and came back, only to be in jail again a few weeks later. The brother is incapable of making decisions about his life so I'm really thinking now that the family has to step up and help. Thanks for the replies! Right. I was confused because you said your boyfriend was a citizen but I guess his brother isn't necessarily. Apart from the usual "because he's family" reasons which don't really seem to be relevant here because you want him out of your lives anyway, why not just sever? Manifest Dynasty posted:You can file for Naturalization 90 days before the 3 year anniversary of your entry as an LPR, as indicated by the "Residence since" field on your card. In this hypothetical, the 3 year date would be 4/1/18. This assumes you are married to your USC spouse for the entire time, from entry to final Naturalization. Gotcha - thanks. So I file for adjustment in two-years-minus-90-days (as indicated by the 'card expires field minus 90 days) from port of entry and for naturalization three-years-minus-90-days from the date of entry. Thank you!
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Oct 7, 2015 15:14
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Sharks Below posted:Right. I was confused because you said your boyfriend was a citizen but I guess his brother isn't necessarily. Apart from the usual "because he's family" reasons which don't really seem to be relevant here because you want him out of your lives anyway, why not just sever?
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Oct 7, 2015 15:32
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Pig Head posted:My boyfriend doesn't want his brother to be homeless and knows if he goes back to Bosnia he will be able to be taken care of better their parents. The brother hasn't worked since 1999, can't support himself, etc. I guess it is pretty ridiculous to want to get him deported but my boyfriend has been taking care of him for so long and he's at his wit's end. Thanks to this thread, we will nix the attorney route and just discuss options with the probation officer and the boyfriend's family. I gotta say that I'm not sure how much help the probation officer is going to be either. If you want his family to take care of him then you're going to have to get them involved at some point; why not now instead of somehow forcing him to leave the country and then asking them to pick it up? Even if that worked it seems like it'd introduce bad feeling on all sides.
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Oct 7, 2015 23:50
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I may have a sponsor, but (understandably), my sponsor isn't really that excited about putting essentially their entire financial history on some documents that are going with someone they don't really know. For purposes of the i-134 (affidavit of support, for the K1 interview), would it be weird or unusual to put things like $number+ for income / assets etc? So, for instance, income would be listed like $25,000+ assets would be $100,000+, etc, instead of having to put a specific dollar amount for everything? Job titles and other similar information would be exact, of course. Is there any way to essentially show that they meet the qualifications of income / assets / etc, without having to divulge their entire financial history to my (foreign) fiancee?
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Oct 9, 2015 03:13
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You have to provide proof though? I know on ours, certain figures from tax return documents had to be put in at certain points on the AOS forms. We could only be approximate for projected income (ie where the financial year is not yet over). We didn't need assets so I'm actually not sure about that.
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Oct 9, 2015 03:38
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Sharks Below posted:You have to provide proof though? I know on ours, certain figures from tax return documents had to be put in at certain points on the AOS forms. We could only be approximate for projected income (ie where the financial year is not yet over). We didn't need assets so I'm actually not sure about that. You just enter figures. I guess I'm wondering what level of specificity the figures need to be, my (potential) sponsor qualifies easily but would rather keep certain financial records as private as possible.
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Oct 9, 2015 04:59
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PRADA SLUT posted:You just enter figures. I guess I'm wondering what level of specificity the figures need to be, my (potential) sponsor qualifies easily but would rather keep certain financial records as private as possible. If you (or your sponsor) can prove you have enough money to meet whatever requirements yuo don't have to go overboard with every single asset you own, I don't think.
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Oct 9, 2015 06:40
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PRADA SLUT posted:You just enter figures. I guess I'm wondering what level of specificity the figures need to be, my (potential) sponsor qualifies easily but would rather keep certain financial records as private as possible. They may need to prove it at some point if they are qualifying through assets, but at that point it's possible for them to open a new bank account and put that amount of money in to wind up with statements without any history behind them (may need to age the account a few months).
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Oct 9, 2015 09:47
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Hello thread I recently got an offer for a intra-company relocation to the US on the L1 with my wife. I've been with a different branch for about 5 years with about 3 years as a manager (power to hire and fire). Part of the agreement is that after a year the company is willing to sponsor a full green card. My question is are there different types of green cards? Does it tie me to this company like the visa does, or upon receipt of the green card am i free to work for other companies?
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Oct 12, 2015 14:28
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Signor posted:Hello thread Once you have LPR status (are a green card holder, in other words), you can work anywhere you want. You'll probably be looking at the EB-1C process.
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Oct 12, 2015 17:39
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You may do what everyone else does who gets an employer-sponsored green card: job search immediately.
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Oct 12, 2015 17:55
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I'm trying to help a friend get his wife her green card. They met here, married here, she's here legally, etc. The only hang-up is she is from a country that was not exactly functional when she was born, so no birth certificate. She has a passport (obviously) and a national ID issued when she was 10 and the country had a government again. Will that be good enough? Is it time to get a lawyer? I just worry they'll get denied right off the bat and then it will become a legal nightmare to sort out.
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Oct 12, 2015 18:09
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Brennanite posted:I'm trying to help a friend get his wife her green card. They met here, married here, she's here legally, etc. The only hang-up is she is from a country that was not exactly functional when she was born, so no birth certificate. She has a passport (obviously) and a national ID issued when she was 10 and the country had a government again. Will that be good enough? Is it time to get a lawyer? I just worry they'll get denied right off the bat and then it will become a legal nightmare to sort out. The first thing you/they should do is visit the state department reciprocity tables. Go here, type in the country/area, and then select 'Birth, Death, Burial certificates'. This will show you what the state departments considers appropriate for that country. Usually when there was a serious breakdown in order, it will be acknowledged/mentioned. For example, if you look up Somalia, it tells you to file an affidavit (because there is no functioning state authority). If you look up, say, Laos, it will tell you when documents may have been destroyed and what to submit instead. In general, she would want the following: 1) The earliest possible documents showing her date of birth, like her ID card, primary school records, baptism documents, etc. 2) A letter from whoever would have issued the birth certificate confirming that there isn't one, and ideally confirming that they weren't being recorded during that period. 3) An affidavit from one or both of her parents providing the details of her birth and explaining why there is no certificate 4) Additional affidavits from friends/family that were around at the time of birth and can attest to the details
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Oct 12, 2015 18:42
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Ashcans posted:The first thing you/they should do is visit the state department reciprocity tables. Go here, type in the country/area, and then select 'Birth, Death, Burial certificates'. This will show you what the state departments considers appropriate for that country. Usually when there was a serious breakdown in order, it will be acknowledged/mentioned. For example, if you look up Somalia, it tells you to file an affidavit (because there is no functioning state authority). If you look up, say, Laos, it will tell you when documents may have been destroyed and what to submit instead. Thanks, that's very helpful. It looks like a combination of 1-3 should be doable and enough. Also, reading over it was quite amusing. The different ways they politely said "fake"--"highly susceptible to fraud," "likely to be fraudulent," etc.--was very entertaining.
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Oct 12, 2015 19:27
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Brennanite posted:Thanks, that's very helpful. It looks like a combination of 1-3 should be doable and enough. Also, reading over it was quite amusing. The different ways they politely said "fake"--"highly susceptible to fraud," "likely to be fraudulent," etc.--was very entertaining. Heh, I submitted a copy from the UN Refugee high council stating I was born in a camp and at the time, they did not give out birth certificates. Anyways, they rejected that and I just mailed my affidavit the other day.
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Oct 13, 2015 01:33
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TheImmigrant posted:Once you have LPR status (are a green card holder, in other words), you can work anywhere you want. You'll probably be looking at the EB-1C process. And do these sponsorships include your spouse?
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Oct 13, 2015 14:50
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Yes, when you file for a green card your spouse and minor children can file as well. Your company may or may not pay for the costs of your entire family, though, so that's something you should find out along the way.
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Oct 13, 2015 15:00
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so I should be getting an E1 visa in a few weeks, I am currently not married but if I was to subsequently marry a non-US citizen could I petition for a spousal visa at a later date?
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Oct 14, 2015 22:35
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JFairfax posted:so I should be getting an E1 visa in a few weeks, I am currently not married but if I was to subsequently marry a non-US citizen could I petition for a spousal visa at a later date? Yes, spouses of E-1 holders get derivative benefits, including eligibility for an EAD (work permit).
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Oct 14, 2015 23:18
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How easy/hard is it to get permanent residence with an O-1A? Can I use my successful O-1 case for an EB-1? Also, can I tell everyone that the US government officially thinks that I'm a special snowflake? 
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Nov 10, 2015 12:41
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An O-1 isn't an immigrant process, so it doesn't lead directly to permanent residence. It's just a work visa that would allow you to come to/remain in the US doing whatever cool stuff you are good at. Having said that, if you successfully qualify for the O-1 then you probably have a good case for filing an EB-1 immigrant petition as well. If you are working with an attorney (you probably should) then this is something that you should discuss with them - you can cover a lot of the ground at the same time in terms of getting evidence and letters and whatever else so that you don't have to go back through it all immediately. And yes, you can brag about it. Edit: Not sure I really answered your question - the O-1/EB-1 categories are not easy to get in, you need to demonstrate why you are awesome beyond just having a PhD and doing some research. There are a bunch of specific criteria you can walk through and justify yourself against. I would suggest that you get a recommendation for an attorney from someone with a successful case - I know there are lovely lawyers that basically file for whoever wants to try even if they know its a bad case, versus those that will really push you hard on your qualifications and build up the best possible case for you. Also, with a good attorney, you may find that it makes sense to get the O-1 and then improve your profile for a while before filing an EB-1. Ashcans fucked around with this message at 15:21 on Nov 10, 2015 |
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Nov 10, 2015 15:18
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Oh I already got my O-1 approved. And I do have an attorney who prepped my case. He kicks all sorts of rear end, and has never had a failed O-1 application. It was indeed a long and annoying process, but I did get it (at the ripe old age of 26 with just a Bachelors degree). We haven't discussed permanent residence with him, but it's part of the contract with my company. Cheers for the detailed reply  Edit: now if I only could transfer my UK credit rating to the US that would be just peachy. awesome-express fucked around with this message at 17:48 on Nov 10, 2015 |
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Nov 10, 2015 17:33
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I (UK) am getting married to my fiancé (US) in the middle of next year, and am freaking out a bit over the process over moving to the US permanently. I thought we had about enough time to file for the normal K-1 route, but after my fiancé consulted with her immigration lawyer today, it sounds like the length of time that takes has gone beyond the 5-6 months total process to way, way longer right now and we wouldn't get through it on time. It was suggested the best route is to enter on my ESTA 60 days prior to getting married (we have a date, invitations, venue etc) and then filing for change of circumstances after that. I'm worried that this might be seen as entering the country under fraudulent intentions and could end up really bad. It does sound like the best option right now though, is that the route that most would recommend?
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Nov 10, 2015 20:16
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Well it sounds like there is a lawyer involved and I am not really keen to be the guy people are talking about when they come into the attorney's office and say 'Yes, but see I did my own research on the internet, and....' Having said that, what you are planning is not the intended purpose of the visa waiver/ESTA program - you would basically be using it to evade the proper process because it is inconvenient. In particular, at some point during your application you are going to have to state your intent for your trip, and that it is non-immigrant in nature. If you have already planned a wedding and are intending to apply for residence, that is obviously not true. The reason you are being told to wait 60 days is because that is broadly considered to be the acceptable amount of time to pass before it can be argued that you changed your mind/situation after entering the US - its entirely arbitrary, but there you go. The problem is that if USCIS actually decides to dig into this, you are going to be in an uncomfortable situation of trying to show that despite all your plans you didn't have immigrant intent (because you totally do). You can read a more detailed discussion of this here (not endorsing this firm, just a decent write up). Go down to the section about Preconceived Intent. Now, people do this all the time, and many of them come through without a hitch. Any given applicant only has a small chance to get caught or suffer irrevocably over it, but it is certainly something that can and does happen to people. I am little surprised that it was suggested, but I guess that I am probably very conservative on avoiding offering people anything with a legal risk.
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Nov 10, 2015 20:56
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Yeah, the reason I asked here was because some of the sites I've seen that suggest this route seem a bit blasé about the serious nature of getting caught, and everyone I've seen who has the time has gone the K-1 route I wanted to go through. When I was told about this on the phone, I said specifically I wanted to look into it because if it was as easy and legitimate as just going to the US, waiting 60 days and getting married, then why have the K-1 route and why would that be the normal procedure. I'm not amazingly comfortable in that this being the suggested route, but annoyingly it's being presented as the only possible way right now. We could always change our ceremony to be non-official (which we'd rather not do), but that would still mean having to enter the US while going through K-1 on my ESTA and possibly getting rejected at the border anyway. I've been back and forth on my ESTA a handful of times and never been given a grilling, and there's no reason for me to think I'd have an issue getting in and being very careful about what I pack and say, but I'm not loving the element of risk, even though it's a low percentage. At least yes, we do have an immigration lawyer which can only benefit us I guess.
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Nov 10, 2015 21:13
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If it's extremely important to be able to live in America I wouldn't risk it. Also being someone who waited nearly a year doing the "right thing" and it being really bad and sucky and being apart from my husband for awhile (CR1/IR1 visa, we had to do the 'official wedding' paperwork at a different time to our wedding too), I just think you should suck it up. JMO, biased, soz
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Nov 11, 2015 05:07
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I'm at a year now and my appears are stuck at the NVC. They requested extra information for the birth certificate which was submitted 3 weeks ago -_- I am hoping to be enroute to Amerikka in February/March of 2016 and I hopefully no later! Anyone know if the NVC sends an update once they confirm the requested documents? I got a confirmation saying they received the documents and it could take up to a month to process.
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Nov 11, 2015 18:05
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