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Oh, ok. It sounds like you ought to be fine. The usual two things that I find seem to sell any marriage are buying a house together and having kids, so the P&S should be a big help.
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Nov 14, 2016 20:19
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I can apply for removal of conditions 1/1/17 and this year we bought a house and as long as the baby is not more than 13 days late by then we'll have had a baby so that is great news Ashcans 
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Nov 14, 2016 22:36
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My wife got an rfe on her conditions because someone in our lawyers office blacked out our bank account number on our bank statements. Make sure you don't do that. We resubmitted and were approved within a week and a half with no interview.
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Nov 15, 2016 18:32
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Got my L1-B  Initially denied at airport customs because neither my application nor supplemental letter had the length of time I was applying for. "Wrong version sent to clerk to print and I did not see it when signing," said the lawyer, who is reimbursing rebooking fees for the flight I missed. Few more weeks of SSN/employment bureaucracy and one last trip back over the border to get my car and drive down, and the long nightmare is over. Has there been any word on the impact to existing NAFTA visas (thinking TN-1 specifically) if Trump ends up pulling the US out entirely?
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Nov 16, 2016 00:06
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Ok so our NGO law guy put me in touch with a few America based immigration lawyers who in turn offered me suggestions for a few law firms that specialize in green cards/US immigration. Just got off skype with one of them, and... red flag dude, jesus loving christ. I may just be a simple European who doesn't know how this works but after explaining how we would go ahead filing in Greece where we live and work, and hopefully keeping the whole process contained to happening here in-country she also casually suggested that we hold off on applying, go 'home' to the US (with return tickets etc) and then instead decide to stay and apply for adjustment of status after two months in-country as a tourist. As a Norwegian travelling to the US for a half year isn't illegal or anything, but she -unprompted- started going on about how to lie to customs if they should ask, etc etc. Freaked me out a little bit. How common is this and is she just being conscientious and covering all the options or should I just stop talking to these people? They came highly recommended too, which is what's making me hesitant. I mean, if I COULD do that it might be way easier to live off savings for a few months, but it just sounded sketchy.
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Nov 16, 2016 12:24
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Nuclear War posted:Ok so our NGO law guy put me in touch with a few America based immigration lawyers who in turn offered me suggestions for a few law firms that specialize in green cards/US immigration. Well the former is the legit way to do it where you get your paperwork squared away and visa/green card issued overseas. The latter is the shady illegal way of doing it and if caught, could potentially get you banned from the US for a number of years. People do get away with doing the latter, but it's definitely not legal.
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Nov 16, 2016 14:38
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Pleads posted:Has there been any word on the impact to existing NAFTA visas (thinking TN-1 specifically) if Trump ends up pulling the US out entirely? No, no one has any idea what it would mean or what would happen because we have no idea what Trump would actually do (ie, just withdraw completely or arrange for a replacement that enables the same work authorization) and the immigration system has never been in a situation where the country just vaporized the underlying treaty of a visa class. Generally changes are given a time frame for the orgs to promulgate policies and processes, like the implementation of ESTA. The hope would be in the period between announcing and leaving NAFTA, there would be some sort of structure created for handling the fallout. I have to assume that they would simply stop issuing/renewing TNs and let the people currently in TN status work out their time, because the mechanics on abruptly revoking all those people's status would be nuts. Nuclear War posted:Ok so our NGO law guy put me in touch with a few America based immigration lawyers who in turn offered me suggestions for a few law firms that specialize in green cards/US immigration. The issue here is called 'immigrant intent', and is essentially that you should not use a nonimmigrant category to enter the US (like a tourist) when you actually intend to pursue residence. If you are found to have lied/deceived about your intent, you can be tagged for fraud, which is a huge problem. Having said that, a lot of people hate he time/difficulty of actually following the immigrant process as they should and prefer to take the risk on USCIS/CBP not catching them in the lie. I think that it is weird that she just jumped into offering that to you as an option, especially because you are outside the US right now and it doesn't seem like doing things the right way is a huge burden to you. Handling cases the wrong way is something I think most attorneys do at some point, but it is more usually in the context of someone coming to you and saying 'I entered as a tourist and now I'm married, what do I do?' or a client who ignores your advice and does it anyway and you are stuck trying to manage their situation. Volunteering it as an option does seem weird. It is also weird that she talked to you about lying to CBP. The closest we ever come to that is telling people that they are not required to specifically volunteer all information, only to answer the questions they are posed honestly. So if you are asked 'Have you been arrested?' you can just say 'No.', you do not have to talk about the time that a cop stopped you and frisked you and asked a bunch of questions but then let you go without ever arresting/detaining you. Again, directly lying creates a fraud situation which is very hard to overcome in the future. Ultimately, you want to find someone who you think is capable and that you also trust with an important aspect of your life. This person might be a good lawyer, but if you aren't comfortable and don't trust them, you should look for other options.
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Nov 16, 2016 16:03
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In what circumstance would a single daughter of a permanent resident/green card holder not be able to be sponsored for a I-130 form? Without getting into too much detail (partially because I don't know ALL the details), my girlfriend (who entered the united states legally at a young age with her parents) has consulted her long-time lawyer about any and all alternate options for acquiring papers/green card and has stated that the only way is through marriage. In her current situation, she's pending the approval of her expired DACA and has been unable to work in the States for over a month because of the painfully long process. Without any real certainty that DACA will still be in effect over the course of the new presidency, she's desperately looking for alternate ways to survive here. We were hoping she could be sponsored by a family member or even myself, but according to the lawyer she has lost status (or some similar term I may be misremembering) and cannot file in that way. I'm scheduled to meet with the lawyer for a 30 min consultation myself early December and am trying to educate myself in any and all possibilities and questions to throw his way. Is "Marriage is your only option for papers and eventual citizenship" an actual possibility? I know these are very case-by-case dependent, but it just seems like there should be another option for someone who has lived in the US for years after being brought here legally with parents who eventually acquired papers.
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Nov 18, 2016 21:43
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The Crusher posted:Is "Marriage is your only option for papers and eventual citizenship" an actual possibility? Short answer: Yes. Longer answer: Marriage to a US citizen is the most privileged path for immigration, and it actually allows you to be forgiven for things that would otherwise stop you being allowed to get residence. So it is possible that she has issues that would prevent her from being sponsored by her parents or other relatives that would be forgiven if she was married to a citizen and applying on that basis. Exhaustive answer: Applying for permanent residence in the US is actually a two-part process. The first part is to prove your qualification in the category you wish to apply, and the second part is to show that you are actually eligible for residence in the US. For a family-based petition, the first part is the I-130 - all you are really doing at this stage is confirming the petitioner's citizenship or residence, and their relation to you. You can file this for anyone, even if they can never come to the US for other reasons, because the relationship can still be recognized. But if you can't complete the second part, there really isn't any point. So very likely her parents can file an I-130 for her in the F2A category, if they wanted. The second part depends on whether you are outside the US or inside. If you are outside, you have to apply at a US consulate and they will determine if you are eligible to enter the US as a resident - have you done something that would bar you, have you committed fraud, so on. If you are in the US, you can apply to 'adjust' your status from whatever it is now (visitor, student, worker) to permanent residence. In order to do so, though, you have to actually have a status at the time you apply. If you were never admitted properly, you were admitted and your status lapsed, you can't apply to adjust. Except if you are applying through a marriage to a US citizen. Then being out of status is forgiven, even if it has been a long-rear end time, and you can adjust. Why is this true for your spouse and not your children? That's just how things are. Obviously I do not know your girlfriend's situation, but to extrapolate... she entered with some sort of status that lapsed, and now she has been here a long time without any status. If her parents file an I-130 for her, she cannot use it to adjust to residence, because she doesn't have any current valid status. So, in theory, she would need to leave the US and apply at a consulate to be admitted at a residence. If your period of lapsed status is short, that is actually an option. But if you have been out of status for 180 days, you are completed barred from the US for 3 years. If you were out of status for more than a year, the bar is 10 years. Which means if she left the US, she would have to wait 10 years before she could apply at the consulate. And even then, there is no guarantee that they would admit her - it would just mean that they could, whereas the bar requires them not to. So your girlfriend can't leave and apply, and she can't adjust - unless she is married to a US citizen who petitions for her. Then, even though she is out of status and has been for some time, that will be forgiven and she will be allowed to adjust to resident status. Love conquers all! (ish). If she has been working with a lawyer for a long time, it's likely that they understand her situation and are right when they say there are not other options for her. My question would be what happened such that her parents got residence at some point but she did not - it seems strange that they came here in status, and she somehow lost status while her parents managed to get residence without her. Most paths to residence will include your children as part of the parcel. The only thing that comes to mind is that they came in status and she turned 21, aging out of her status from her parents before they became residents. There are probably a bunch of other ways that it could have happened that don't sprint to mind. Your girlfriend is a rough spot, especially as DACA might vanish on us. 
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Nov 19, 2016 03:43
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Not an exact immigration question, but-does anyone know-roughly-how long the wait time is for an N600 (Stating that i'm an American Citizen by Birth)? I'm a Canadian adult. My father is an American Army Veteran, who is deceased. Mom's Canadian. I'm currently waiting to recieve a copy of his service record,after which i'll apply.
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Nov 19, 2016 07:39
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Can't thank you enough for that lengthy explanation, Ashcans. A lot of that makes sense (In the way that you explained it, not that those laws sound at all reasonable..) and will probably be very similar to what her lawyer can explain. Kinda puts me in a rough spot... We've only been dating for just under 6 months and marriage is a pretty big commitment. Not to mention we'd need to live together first (for probably a good while) and would preferably have one or the other's name tied to bank accounts and bills to make a more convincing case. There's a lot involved. It's not like she's pressuring or guilt tripping me into doing any of this to help her and I simply can't imagine her making a life in Mexico after all this time. But that's more an E/N topic. I appreciate all the factual info.
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Nov 19, 2016 17:19
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Ashcans posted:Short answer: Yes. To add to this. If you entered under a status and it lapsed (overstayed a tourist visa, etc.) you can adjust status through marriage to a US citizen. If you "entered without inspection" (e.g. your parents swam across the Rio Grande with you) not even marriage to a US citizen will allow you to adjust as you never had any status to adjust from in the first place.
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Nov 20, 2016 03:28
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Powerlurker posted:To add to this. If you entered under a status and it lapsed (overstayed a tourist visa, etc.) you can adjust status through marriage to a US citizen. If you "entered without inspection" (e.g. your parents swam across the Rio Grande with you) not even marriage to a US citizen will allow you to adjust as you never had any status to adjust from in the first place. What if you entered without staus (or overstayed) and were deported 10 years ago and live in Mexico? Would a marriage to a us citizen get you back in? Assume there is a child, etc and thu US citizen currently lives with you in Mexico.
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Nov 20, 2016 04:47
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If you actually serve out the time you are barred outside the US, you are technically able to reapply to enter when that time is up. It is very difficult for people with overstays and bars to ever get a nonimmigrant visa again because of the heavy assumption that they will overstay, but if you have a US citizen spouse and are applying for residence it might actually be easier. As a note, a lot of people who leave the US are not strictly deported - many of them choose for 'voluntary removal', which is where you basically agree to leave the US within a certain timeframe without the government actually having to get a removal order and physically deport you. People that go through actual deportation, with a removal order and being put on a plane/bus, can face even stricter bars to re-entry. Generally if its clear your situation is a lost cause you choose voluntary removal instead.
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Nov 30, 2016 15:14
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Ashcans posted:If you actually serve out the time you are barred outside the US, you are technically able to reapply to enter when that time is up. It is very difficult for people with overstays and bars to ever get a nonimmigrant visa again because of the heavy assumption that they will overstay, but if you have a US citizen spouse and are applying for residence it might actually be easier. Thank you for all the time and effort you put into this thread. I will tell my family to hire a lawyer, but your posts are very helpful in getting an idea of what we are in for and to help manage expectations and timelines.
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Nov 30, 2016 19:08
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I'm currently waiting to get my renewed green card. (Original card was a 2-year one, I applied for the renewal which I believe is a 10-year card?) CRI-89 and biometrics appointment is all done, I have the I-751 'hi your conditional residence is extended for one year' receipt letter so am just playing the waiting game for the new card to arrive now. Tomorrow I start a new job (  ) so bringing my expired card and this receipt/extension letter along with my SS card should be enough to confirm that I am indeed eligible to work, right?
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Dec 15, 2016 04:11
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That is correct. That letter is the document which, along with your now-expired I551, confirms your legal presence within the US.
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Dec 15, 2016 14:04
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Get ready to wait 11 months or so. But yeah, the card should be enough, but some employers might also insist on a current ID of some kind, like a driver's license or state ID. If you have one, you're good. If not, you might have to argue with the people at the DMV who have somehow never seen a letter like that before. Or at least that's my experience.
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Dec 15, 2016 14:21
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Is it essential to have a face to face lawyer for immigration? Kind of asking if there is a goon lawyer here to take my case. Recently got married, need help.
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Dec 18, 2016 01:19
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No, it's not essential. Although I primarily work with business-based immigration cases the basic steps are not substantially different, and for 95% of cases everything is handled either by email or phone. In the remaining 5% it is either because they happen to be nearby and decide to drop something off instead of mailing it, or because there is an interview required and the lawyer is attending. For cases without complications, there is seldom any need for you to be face-to-face, although this can change if there are substantial complications or you need to have conversations about the case (for example, the partner here that handles removal/asylum/deportation almost always meets clients, because they might need to have a hour+ talk about their history and there are often language issues where translation is much better handled in person). I will say that if you are not meeting people in person than their email/call availability is much more important. If you have appointments to see an attorney, then the fact they are lazy with emails is just a nuisance. If you aren't seeing them, it may substantially delay your case. We have a 24 hour contact rule (ie, if someone calls or emails we will get back to them within 24 hours during the business week) and that makes a big difference for a lot of people. I don't know if there is anyone who can help you here. I'm not a lawyer, and people might be hesitant to advertise where they post dumb stuff as well.  If you are looking for an attorney the best options are usually word of mouth or referral from another attorney.
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Dec 18, 2016 02:13
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Miggles posted:Is it essential to have a face to face lawyer for immigration? Your wording is kind of ambiguous but just so it is clear, it seems to be a common misconception that a lawyer is necessary (or even beneficial) when attempting to immigrate to the US. Unless the applicant has some kind of criminal record/previously been removed from the US or the applicant and petitioner don't have the English level necessary to fill out the paperwork then a lawyer isn't particularly necessary unless you've just got more money than sense and can't be bothered. Sheep fucked around with this message at 03:04 on Dec 18, 2016 |
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Dec 18, 2016 03:02
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Sheep posted:Helpful stuff Ashcans posted:Helpful stuff I have been out of status for a while, years actually. So, crossing the T's and dotting I's is super important.
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Dec 18, 2016 04:30
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Miggles posted:I have been out of status for a while, years actually. So, crossing the T's and dotting I's is super important. I generally agree with Sheep that most people can get by without, but in that case a lawyer is probably best. If you know any lawyers, you can ask them who they know that works in the field. Or if you can ask family/friends for a recommendation for a lawyer, even if they don't practice immigration they might have a referral. In a pinch you can approach a legal aid group and ask them - they probably have a list of people who have worked with them before.
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Dec 18, 2016 14:21
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You can also make an appointment to talk to an officer at the local field office. Immigration officers will not give legal advice, but they can outline the basic process for you and they will usually ask relevant questions about your case, so you will know what facts/documents you need to start gathering. They also sometimes have lists of local charities/non-profits that work with immigrants. For instance: they will clear up what you mean by "out of status for a while." If you mean that you had had legal status before, but overstayed your visa, that generally does not pose a problem to someone married to a US citizen. If you are "out of status" because you entered without inspection, or you were ordered removed, or something of that nature, you will have bigger issues and should probably contact an attorney. Many people who overstay temporary visas adjust through marriage without an attorney, so barring any other interesting history, the process is fairly straightforward (if somewhat tedious and time-consuming). If you want to sit with someone in person and ask a bunch of questions about how the process works, "will this thing cause a problem," etc., then an INFOpass appointment is free and is a good place to start. Manifest Dynasty fucked around with this message at 15:50 on Dec 18, 2016 |
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Dec 18, 2016 15:35
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I'm in the Philippines and have been doing remote work for a US-based company, through a contract with a local company. The US-based company would like to renew my contract, but the extended engagement would require me to be onsite for at least one year. I only have a B1 visa so this is currently not a possibility. I don't think the local company has a US branch, and the US-based company isn't currently hiring full time employees. Do I have any options?
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Dec 23, 2016 01:50
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What sort of work? Depending on the work and your qualifications, you could apply for an H-1B. This is kind of a long shot given recent years, but if the company is flexible about when you go onsite it could work. The other option may be a B1-in-lieu-of-H1B, which is a weird niche class that requires you and the company kind of threading the needle on an application. Otherwise your options are pretty limited.
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Dec 23, 2016 03:17
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It's software engineering at one of Alphabet's subsidiaries in the bay area. B1-in-lieu-of-H1B sounds quite close to my situation and I'll bring it up. Is it possible to have my existing B1 status changed to B1-in-lieu-of-H1B? I wasn't aware H1B would be permitted in this situation, though? My current employer even mentioned that he'd be happy to help facilitate a direct hire on the other end if I needed an H1B.
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Dec 23, 2016 05:31
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Ashcans posted:No, no one has any idea what it would mean or what would happen because we have no idea what Trump would actually do (ie, just withdraw completely or arrange for a replacement that enables the same work authorization) and the immigration system has never been in a situation where the country just vaporized the underlying treaty of a visa class. Generally changes are given a time frame for the orgs to promulgate policies and processes, like the implementation of ESTA. The hope would be in the period between announcing and leaving NAFTA, there would be some sort of structure created for handling the fallout. iircc, Trump has claimed he wants to "renegotiate" NAFTA, not cancel it. I suppose we'll wait and see. On a related note on immigration, I'd like to ask any poster that has knowledge about : 1. Did Obama want a blanket amnesty for all illegals in the US (in addition to DACA and DAPA)? 2. if he was for Amnesty for 11 million was the motive to get votes for the Democratic Party as an increase in a favorable voter demographic. Point of my question: I'm trying to see if the primary motivation is 'getting more votes.'
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Dec 23, 2016 08:27
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Was that a drunk post?
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Dec 23, 2016 18:45
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Positive Optimyst posted:iircc, It seems like it would be a real slow burn sort of strategy given than noncitizens cannot vote and I've never heard of him advocating such a policy. If you were going to come up with evil schemes to get more D votes DC or PR statehood seem like more effective choices.
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Dec 24, 2016 05:41
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RICHUNCLEPENNYBAGS posted:It seems like it would be a real slow burn sort of strategy given than noncitizens cannot vote and I've never heard of him advocating such a policy. I've thought about this too RICHUN. In the short term, not a viable strategy as illegals cannot vote. But in the long term they may be voters in the future and their children certainly would be. Obama has never stated this, but Hillary Clinton said the "Latin" demographics would cause the Democratic party to be a perpetual majority and basically, one party rule. She made these statements the mid 2000s (I will try to find the video). quote:If you were going to come up with evil schemes to get more D votes DC or PR statehood seem like more effective choices. Yes, this makes sense as well. As for DC, District voters do vote for potus. I believe that one of the major issues with regards to illegal immigration is American Electoral Corruption (once again). Target a demographical group --> give them favorable policies, laws, services, and even money --> increase their numbers, which mean this supporting base will grow.
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Dec 24, 2016 08:30
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Positive Optimyst posted:illegals Thanks for walking in here with your well-founded and hard-hitting commentary that nobody would ever call "inflammatory bullshit". However, the purpose of this thread is to have people exchange helpful information and not to unload your political grievances. D&D is that way.
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Dec 24, 2016 23:00
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screamin and creamin posted:Thanks for walking in here with your well-founded and hard-hitting commentary that nobody would ever call "inflammatory bullshit". However, the purpose of this thread is to have people exchange helpful information and not to unload your political grievances. D&D is that way. This will be my last post on this thread. It's not "inflammatory" it's just the way electoral politics work.
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Dec 25, 2016 00:20
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I don't have any answers to your questions; I am happy to talk shop about the mechanics of the immigration process but not very much in trying to unpack the political mess behind it; suffice to say that we haven't had substantial immigration reforms in twenty years because its such a fraught issue. Merry Christmas everyone, and remember that USCIS just raised fees so double check before submitting your petitions.
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Dec 25, 2016 19:58
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I'm a filthy UKer, married to a US citizen, we're both currently in the UK. She works for a company that has several US based offices, so she maybe able to transfer at some point in the future to a US office. What's the correct path to me becoming greencarded? Will have to look into it in more detail with legal help, but any initial advice would be excellent.
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Feb 15, 2017 22:34
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CR-1 or IR-1 depending on how long you've been married for. Since she will (hopefully?) remain continually employed it should be comparatively easy, though you might have to jump through some hoops with regard to the domicile requirements unless you'll have co-sponsors already living in the US. Good news is that upon crossing the border as an IR/CR-1 holder you automatically become a permanent resident which is pretty  Little helpful tip from experience though, be proactive and contact the social security office yourself rather than relying solely on the checkbox on the immigration forms since in my case (and that of a lot of others, apparently) the SSA was never actually notified of us immigrating and it delayed receiving an SSN by several weeks.
Sheep fucked around with this message at 23:06 on Feb 15, 2017 |
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Feb 15, 2017 22:59
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Nearly done putting together my i-751 status adjustment package which has been such a loving mission with a newborn. If I have the following: - mortgage & deed copy of our house - birth cert of child - bank statements of joint acct - insurance beneficiary stuff - tax return filed jointly - 2 affidavits from friends backing our legit marriage do you think I still need photos etc? Trying to avoid a trip to staples or wherever to print stuff.
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Feb 17, 2017 18:56
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With a house and a kid I expect you'll be fine, unless there is something else weird thrown into the mix (like if you're not actually living together right now or something like that). I think that USCIS has decided that if you are willing to have kids and buy a house to keep up your deception, you're as jointly committed to it as most people are to their real marriage  You can always keep the photos to bring to an interview or send if you get an RFE.
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Feb 17, 2017 19:39
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Ok sweet. I think I have a couple from our baby shower that are already printed out that I can toss in. Speaking of interviews, I have tried to find the answers to this but it seems unclear. Will I be interviewed again? And what is a biometrics appointment, what does that involve? Why would I need to do that? Would I have to travel far for these things? I'm in central Vermont. I'm just dreading travelling with a baby, potentially by myself since husbo has a pretty intense job with the fed judiciary.
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Feb 17, 2017 19:43
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Unlike the I-130, for the I-751 the interview is discretionary, which means that whoever gets your file can decide to approve it on the basis of what it submitted, or refer it to a local service center for an interview. Usually this happens if there are questions they have -maybe the application was sparse, or there is information that seems conflicting or confusing. If you are living apart, for example, and no explanation of that is provided it would be very likely there would be an interview to see what's going on. Being scheduled for an interview doesn't mean there is a problem though, sometimes it just happens and the local office approves the application after a cursory interview. So, maybe. You will get a notice if they want you to come in. Biometrics is a separate thing, it is where they collect a photograph and fingerprints of you as part of the application process. It's usually quick, the whole thing is 15-20 minutes, and is very much like what happens when you're coming into the US. They do this any time they haven't taken biometrics for you in the past year, and its essentially to just update your case file - people change after all, and they want to keep current information for you. It also helps to avoid issues or fraud and identity theft - they'll compare the biometrics they take to your prior file, so someone can't just start impersonating you. The Biometrics will be taken at the closest Application Support Center to your address. You can look here for the offices that serves you - you just put in your zip code and it will tell you. Interviews are done at the Field Office, which is a bigger/more central office where they actually keep files and have more (and more senior) officers. Here is the information for the VT field office. They try to have these things as close to your residence as they can, but its limited by the actual number of offices they operate. You can generally reschedule a Biometrics Apointment easily if its set for a bad time, and I believe its possible for interviews as well, but less common. So if they are placed on a really bad day you can try to have them moved.
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Feb 17, 2017 20:11
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