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Does anyone know about Visitor Visas? I have a friend in Canada who used to live here (NC) and she had to move back due to her aging out of her parents visas. (I don't fully understand the circumstances she was in as her family is, complicated.)She is looking to move back to NC and continue school here and if possible work part time, something she could not do under her old provisions. Basically I was wondering what/where I should look up information regarding this. Thanks.
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Nov 6, 2013 19:47
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You haven't really provided enough information to work with and whatever happened with her family and her previous status is probably very significant to what her options are. If she lived in the US for ten years as a dependent and they are still here, she may have trouble convincing anyone that she isn't trying to move back permanently. She should talk to a lawyer herself, because you can't really help her if you don't know what's going on. If you just want some basic information on how visas work and what they are, then the department of state is probably a good start. A 'Visitor Visa' is a specific class of visa (B). Are you actually asking got more information about this specific visa class, or did you mean this to be a generic 'how can she come here' question. The capitalization is confusing and I don't want to spend time explaning B requirements and limitations if that's not what you actually want. An F-1 visa will let her attend school in the US, and give her some restricted work authorization (generally on campus during her study, so she can work at the student union but not deliver pizza). If she wants more expansive work authorization, she needs to find a sponsor for a work visa. You can attend classes on a work visa, generally.
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Nov 6, 2013 20:22
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Hey I'm back with further questions! Thanks in advance Ashcans, I know it's not 'Formal Serious Legal Advice' etc. but it's really useful to have a goon who knows their poo poo to bounce questions off and get some guidance from  So, I was just looking at the procedure for the fiance visa and so on, and my primary question is about the medical. I take it it's just checking I'm not carrying any hideous diseases or the like? What does it actually look for? I'm from and in the UK so I'd have to assume my vaccinations and such are broadly up to snuff, especially as I've always been able to go to the US without anyone so much as mentioning the point. This isn't a critical issue or anything, I'm more curious and wondering what to expect than anything else. Also, given that my fiance has to meet the income requirements, is there consideration given to my financial/work status? It's not been good, I've been disabled for awhile (getting better gradually, happy to say) so I've got very solid qualifications but terrible experience - is that going to be a problem? I'd assume from what I've read that it's not, the whole point is that she can and must provide for me, but I'd rather not be blindsided. Thanks again!
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Nov 14, 2013 20:14
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Sometimes I am a little bummed that I am the only one managing this thread. It's not even my thread. Maybe I should make a new one, but I'm not sure if there is enough interest to make it worthwhile. Anyway.Mister Adequate posted:So, I was just looking at the procedure for the fiance visa and so on, and my primary question is about the medical. I take it it's just checking I'm not carrying any hideous diseases or the like? What does it actually look for? - Tuberculosis - Syphilis - Leprosy (yes, really) - Common vaccines (Tetanus, MMR, Hep A/B, etc.) The doctor is also technically screening for other health issues and substance abuse problems. Most people just need a couple of vaccines, because a lot of people forget to update their tetanus every ten years. What is actually usually the biggest hassle is that in the past many countries administered a vaccine for TB, and if you received this it is very likely you will actually test positive for it on the skin test. If you do, it means you have to go in for an xray to confirm you don't have active TB. It mostly just causes additional delay and only screws people who wait until the last minute to get it done. The medical is one of the grayer areas of eligibility. For instance, some people have religious objections to vaccination; if you can demonstrate that, you can avoid them. Other times someone is missing a vaccine, but it's not actually appropriate to administer it (say if you are pregnant, or have a compromised immune system and are lacking a live vaccine) The doctor generally has a lot of leeway to check this stuff off. quote:Also, given that my fiance has to meet the income requirements, is there consideration given to my financial/work status? It's not been good, I've been disabled for awhile (getting better gradually, happy to say) so I've got very solid qualifications but terrible experience - is that going to be a problem? I'd assume from what I've read that it's not, the whole point is that she can and must provide for me, but I'd rather not be blindsided. However, if you have a serious medical condition that requires extensive or continuing treatment, I would be cautious that the consulate might ask how you are going to manage that expense - will you be getting on your fiance's insurance, does it cover your situation, is there a trust fund, etc. If your disability is something that keeps you from working but isn't a five figure annual expense, it's likely not to come up. As long as your sponsor meets the income requirement and you aren't using a combination of assets or something like that to bypass it, I haven't seen this be a problem.
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Nov 14, 2013 20:52
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Ashcans posted:As long as your sponsor meets the income requirement and you aren't using a combination of assets or something like that to bypass it, I haven't seen this be a problem. Hiya Ashcans, I'm going to be Mister Adequate's sponsor. Just counting income alone, I fall a bit short on the income requirement. Will they count things like your checking/savings account as assets? If they do then I could probably meet the requirement anyway. Failing that, is it terribly difficult to get another relative (like a parent) to sponsor? Edit: Also, at which point does the income requirement come into play? We were planning on a fiance visa and then marriage, then getting him a green card. I am assuming it is the I-130 petition? Thanks a lot for any advice and tips. Pikestaff fucked around with this message at 02:57 on Dec 6, 2013 |
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Dec 6, 2013 00:56
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Just so Ashcans doesn't feel so lonely, I'm going to give you my knowledge from the forums I've visited ten years ago when I was the foreigner. I'm not a lawyer and it may all be outdated and wrong, but everything I see tells me it's still basically the same way.Pikestaff posted:Hiya Ashcans, I'm going to be Mister Adequate's sponsor. Just counting income alone, I fall a bit short on the income requirement. Will they count things like your checking/savings account as assets? Yes, you can substitute assets for income. Don't know the formula, but it's kinda reasonable. Pikestaff posted:If they do then I could probably meet the requirement anyway. Failing that, is it terribly difficult to get another relative (like a parent) to sponsor? That only depends on them. As long as they sign the form that they will sponsor you with their money, it's good from the standpoint of the government. Pikestaff posted:Edit: Also, at which point does the income requirement come into play? We were planning on a fiance visa and then marriage, then getting him a green card. I am assuming it is the I-130 petition? I don't think we needed an I-130 for the fiancé process. That one would have been for people who are already married, if memory serves.
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Dec 6, 2013 03:44
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Awesome. Thanks a lot for the info.
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Dec 6, 2013 11:15
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Income requirement would come into play once the petition for the fiance visa is approved and he goes to the embassy to apply for the visa. You would send him the completed Affidavit for Support and all the supporting evidence (stuff like a letter from your work indicating your salary, pay stubs, evidence of assets, etc) and he'll bring it with him to his visa appointment.
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Dec 6, 2013 13:36
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Hooray! Other people posting! Everything above is pretty much right, too. You can file the fiance petition, and they'll have to submit the income stuff to the consulate once it's approved. A couple clarifications on the situation: - If your income is too low, you can use assets to supplement. A couple rules apply. First, you can only use assets that can be liquidated in one year without significant loss to the owner. It doesn't do you any good to have $500,000 if that asset is locked up for the next 20 years, or you would have to burn half of it in liquidation. So, you can use any cash accounts you have, something like a CD with a withdrawal clause, stocks, property, etc. Second rule: You need 5 times in assets what you are lacking from income. So if you are $2,000 short of the income requirement, you need to show $10,000 in assets. I very rarely see someone able to use assets to clear the finance hurdle, because if you are not making $18,000 a year, you probably aren't sitting on a stack of bills either. It mostly happens for older people with a fixed income who own a house, etc. - Basically anyone can be a joint sponsor. It's usually parents or family. USCIS doesn't really care. BUT, I encourage you to seriously talk to whoever might do this and make sure they understand that this is a serious commitment. Lending money within a family can be tricky, and nothing fucks up your Thanksgiving like when your spouse is having trouble finding work and that puts your dad on the hook because he signed off on this. Take it seriously! Pikestaff posted:We were planning on a fiance visa and then marriage, then getting him a green card. I am assuming it is the I-130 petition? I-129F -> Consular Appointment -> Arrive in the US -> Get Married within 90 days -> File I-485 -> Receive green card
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Dec 6, 2013 16:24
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Thanks to you all for your replies! We are a little unclear on one thing with the non-fiance sponsor though; If say Pikestaff's dad sponsored me, what exactly does that mean he has to do? My understanding was basically that if I got into financial trouble that he'd be the one who has to pay, but does it require anything other than that? Would we have to show transfers from his account to mine or something?
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Dec 6, 2013 18:45
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Basically, he has to give you enough money/support to ensure that you don't end up being a public charge. He doesn't have to actually transfer money to your bank account or anything, though, it's fine if he's basically just giving you a place to stay and letting you eat out of his fridge. The point of this whole thing is that the US doesn't want people immigrating to the US who are obviously and immediately going to end up needing to use the (limited) social safety nets. So the deal is, hey, you want this person to come here, you step up and be responsible for them. Practically speaking, this means that you aren't eligible for means-tested benefits like SNAP (food stamps) or TANF (welfare). If, either through error or exception, you end up receiving those benefits, then the government can sue Pikestaff's dad to recover what it paid out to you because he was supposed to provide for you. In theory, should you find yourself destitute, you would be able to sue him yourself to force him to support you at the required level. This is why it's important that you all understand what this means and have a discussion about how you are going to handle it. If you move to the US and things get tough, will Pikestaff's dad support you? Can he actually do that? If he can't, are you going to sue him? Are you going to claim benefits and let Uncle Sam sue him? Or are you going to pass them up and suffer in poverty because hey, he's family? I want to mention that 99% of the time, this isn't really an issue. All these obligations never really come up. Most people manage, and if they have a hard time then families pull together without the need for contracts. I've never had to be in the situation of observing/mediating a sponsor or joint-sponsor breakdwon. But if it goes ugly, oh boy can it go ugly, especially if someone feels like they got conned into this and didn't understand the full implications.
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Dec 6, 2013 19:15
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I'm an American citizen with an English boyfriend. We are trying to get him an H2-B worker's visa. Apart from the usual online resources, we are wondering if it wouldn't be better/simpler to bring him in on an extended stay visa and simply change his visa status while he's here. If we do go the work visa route, do we begin the process by finding someone who will sponsor him first? If so, what types of jobs would be his best bet? Thanks a bunch either way, the immigration process is very taxing and grueling!
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Dec 24, 2013 12:55
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I haven't really done any H-2B work, it's a pretty specific category and tends to get used by companies/firms that specialize in guestworker.... work, and more of a pain than it's worth if you aren't churning through them. Is there a particular reason that you are looking at the H-2B? You might want to consider a J-1 as well, as it's not cap limited, subject to a labor text, and because companies using a J aren't nearly as shady as the H-2 ones. Either way, yes, the first step is finding a company that is willing to sponsor him. H-2Bs are for seasonal work or temporary need where there aren't enough US workers available. Any company doing this is probably going to be relatively experienced at it, because the process is a pain in the rear end and not worth it if you just need one extra person at your summer camp. It is possible to change status into H-2B, so he could technically enter in visitor status (B) to look for work and then file the change. He would have to actually enter in B status though, he can't use the Visa Waiver Program to enter because it disallows any change of status. Looking for work is a valid purpose for the B-1, but he might have trouble if the officer thinks that he has immigrant intent or doesn't have sufficient ties to his home. So this isn't foolproof. I am not sure about the H-2B timeline, but it's actually possible that he won't be able to change status for logistical reasons (ie, he enters on the B visa and only has 90 days to stay - he may not be able to interview and have the application settled before the end of that time). In that case, he would be better served using the VWP to avoid the B-1 interview, and just planning on returning to apply at the consulate for his H-2B visa. Again, I am not sure that the H-2B visa is really the best option for him. What sort of qualifications does he have and what sort of work is he looking for?
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Dec 24, 2013 16:21
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Thanks for your incredible answer, I really do appreciate it and you! As for your question, he's 24 and able bodied with contracting experience, and tiling. He does computer maintenance and repairs (nothing commercial, just PC and laptop repair). He has no degree or official certification, but he's looking for work in whatever ways he can find it! We were hoping to get him into IT or doing some tiling but I don't even know if the H2-B form would cover those areas.
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Dec 26, 2013 07:05
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Neat thread, lots of interesting things to read! My priority date came up relatively quickly and my AOS was filed a week ago. One step closer to being a real person 
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Dec 26, 2013 10:42
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This isn't a question about me. But I have a friend who is a US citizen. He married a Canadian woman after they had been dating and traveling to spend time with each other over several years. It's been at least 6 months and she is still stuck there waiting on approval. How long is this process supposed to take? I would think since they're married that it would have been over and done with by now...
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Dec 26, 2013 21:31
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Ballin Stalin posted:Thanks for your incredible answer, I really do appreciate it and you! Well, the bad news is that without at least working on a degree, he isn't going to be able to benefit from the J-1 program, I don't think. It is usually restricted to people who are studying in university or recently graduated. There may be some niche options in there (like an au pair? Maybe?) but I am not positive. He can google up some J-1 sites pretty easily that can let him find out. The H-2B program is usually used by stuff like the hospitality industry or other seasonal work. Say you open your summer camp for three months in the summer, and need 100 people then, but only employ 5 staff as caretakers in the off season. You can't find enough people to work for just that time. So you have to import some. There are other industries that do this, but it all that sort of seasonal/temp work. I don't know that he is going to find anything remotely IT related on the H-2B program. There is no harm in looking to see what is out there, though. Unfortunately the US doesn't provide a ton of options for people in his situation. He can certainly take a trip out as a tourist, though, he just wouldn't be able to work while he was in the US. My guess is that the underlying motive here is that he would like to come out and see you, but you guys can't afford to bankroll a long-rear end unpaid trip? martyrdumb posted:This isn't a question about me. But I have a friend who is a US citizen. He married a Canadian woman after they had been dating and traveling to spend time with each other over several years. It's been at least 6 months and she is still stuck there waiting on approval. How long is this process supposed to take? I would think since they're married that it would have been over and done with by now... Get Married -> File I-130 -> Wait -> I-130 gets approved -> Submit documents to the National Visa Center -> NVC says you're good -> Apply at consulate -> Get visa -> Enter. The I-130 can take 4-6 months to process on it's own, and then it can be a few weeks to shuffle stuff around with the NVC and get an appointment in Canada. If there is an issue with your petition, the NVC doesn't like your documents (some Canadians, for instance, try to submit their short-form birth certificate that isn't adequate, and have to go back to get the long version from their province) then you add time onto that. We generally tell people consular processing that they can be looking at around 6-8 months and potentially up to a year to get the whole thing sorted out, even without serious problems.
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Dec 26, 2013 22:02
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Ashcans posted:My guess is that the underlying motive here is that he would like to come out and see you, but you guys can't afford to bankroll a long-rear end unpaid trip? Yup, that's it exactly. We're shooting for a long term visit (a year +) while I finish up school, but we desperately need him to be working as well. Hospitality may be an excellent option, I'll look into some J-1 sites right away! Thank you!!
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Dec 29, 2013 04:40
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martyrdumb posted:This isn't a question about me. But I have a friend who is a US citizen. He married a Canadian woman after they had been dating and traveling to spend time with each other over several years. It's been at least 6 months and she is still stuck there waiting on approval. How long is this process supposed to take? I would think since they're married that it would have been over and done with by now... ha ha haaaa  Our initial application took over a year to process because they changed the center that handled SC midway through.Good luck to your friend though, I hope it goes quicker for him
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Dec 29, 2013 04:45
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martyrdumb posted:This isn't a question about me. But I have a friend who is a US citizen. He married a Canadian woman after they had been dating and traveling to spend time with each other over several years. It's been at least 6 months and she is still stuck there waiting on approval. How long is this process supposed to take? I would think since they're married that it would have been over and done with by now... I'm a Canadian who married an American and it took me 7 months to go from married to greencarded. I was luckily already in America thanks to a visitor's visa change of status.
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Dec 31, 2013 01:01
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Thanks for all the helpful replies! It's stupid that it takes so long. I always figured that once you're married, you're in like Flynn.
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Dec 31, 2013 15:30
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Hi thread! My husband and I are in the process of getting documents together to show we are ~in love~ so that he can get a green card. I have over 600 pages of Skype chat logs, and while I think they'd be useful in showing we talked a lot when not together I don't want to ship them a ream of paper. What's the best way to edit this down to something reasonable?
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Jan 6, 2014 17:47
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The really important stuff about that sort of thing is frequency and length of your chats. The officer wants to see that you are talking often enough that it probably wasn't just a set up for this petition, and that you were talking for long enough that it was probably a legitimate conversation. They generally don't care about the actual content (and let's be honest, having to read through a couples IM history is enough to make someone kill themselves). I have no familiarity at all with skype logs (I only use it for actual calls) but ideally you want to try and format it so that you can show how often you are talking. If there is no real summary options, then you could do something like the first and last page of the log for each day - if you are doing that, make sure to note on a cover page or table of contents that you are submitting extracts from a larger body. The only exception I would make is that if you have logs talking about specific things that are helpful, include those and highlight/flag them. Like if you took a trip out to see him, and you have some chat logs talking about planning that trip and what you are going to do and how you just can't wait to stare into his eyes, etc, go ahead and include that in full. What other evidence are you including? Ideally you should have pictures of you together, photographs from your courtship and life, documentation on the wedding (not just the marriage certificate, but invitations/programs/photos/etc.) and, in a pinch, letters from your family or friends. If you don't have much, then you may want to go heavy with the chat logs.
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Jan 6, 2014 18:04
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Thanks for the info! I'm going through and pulling out the call records, but now I'll add in the useful planning conversations. Even then I bet it will still be still 30 pages  We've got a good set of pictures of us in recognizable locations, so that's good, but we eloped to Las Vegas, so we're thin on actual wedding stuff. The families (still) like us, so would affidavits from parents be a good addition? These are lawyer-signed documents, correct?
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Jan 6, 2014 18:17
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Don't be scared of a pagecount. I mean yea, it's a pain to print/organize/send, but this is your life here. Do you really want to end up in a situation where you feel like it would have gone better if you had made the effort on an extra 50 pages? The important this is to make sure they're organized - use a table of contents and exhibit tags, so the officer can easily tell what stuff is and find what they want to see. Affidavits don't have to involve a lawyer. At its core it's just a letter that says 'I am John Butts, Baneling Butts father, and I can attest that her relationship with Hubbie McDerriere is totally legit'. Like your dad can jut write it on a piece of paper and sign it and that is useable. Having it notarized makes it more official/assures USCIS that you didn't write it yourself, but you don't need a lawyer for that either - just a notary. A letter should follow this general format: - Identifying the writer and how they know you (as above, or something like 'I am Jane Doe and I have known Baneling for fifteen years after we met in high school chess club') - Why they are writing this letter (in support of your application) - Summary of what they know about your relationship (how you two met, when you got married, etc.) - Couple paragraphs about the relationship, maybe an anecdote about some time they saw you together, etc. - Declaration that this is all true You can almost certainly find samples/templates of this sort of thing online, which is useful for getting the format down. Many people are tempted to basically draft these and ask their family/friends to sign them, and you can do that. Generally, though, it's better to give people a skeleton and have them fill it in in their own words/thoughts, and then you proof it before you send it in. This way you get people's impressions in their own voice. And trust me, if you are submitting half a dozen letters it is really obvious if they were all prepared by the same person or if they were done by separate people.
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Jan 6, 2014 18:44
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Sorry if this was asked already. I'm a gay us citizen in a state with legalized gay marriage. My boyfriend of two years is an Australian citizen. If we were to marry, would he be able to obtain a green card in the same manner as a straight couple would?
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Jan 7, 2014 06:54
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So I think we're finally ready to file for my permanent residency - adjust status from F1 to spousal. I'm doing it myself and I'm so goddamn scared of doing it wrong I'm afraid to even file. Any advice or good checklists?
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Jan 7, 2014 06:58
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Sweet_Joke_Nectar posted:Sorry if this was asked already. Since DOMA was partially repealed I believe as long as you're in a gay friendly state the process should be the same.
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Jan 7, 2014 07:32
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My friend was born in the US but left as a baby and hasn't been back since. Can he become a citizen? If I gay marry him here where it's legal can I become a citizen?
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Jan 7, 2014 09:14
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If you are born in the U.S. you are a U.S. citizen. Here's info on obtaining U.S. residency through same-sex marriage: http://www.uscis.gov/family/same-sex-marriages
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Jan 7, 2014 11:29
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Yup, if he was born in the US he is already a citizen, he just needs to claim it. If he has his birth certificate he is basically set, if not it might take some effort to get the documentation together. And yes, if you married him in a country where that is legal he could file for you to be a resident, and then you could get citizenship. computer parts posted:Since DOMA was partially repealed I believe as long as you're in a gay friendly state the process should be the same. Miranda posted:So I think we're finally ready to file for my permanent residency - adjust status from F1 to spousal. I'm doing it myself and I'm so goddamn scared of doing it wrong I'm afraid to even file. Any advice or good checklists? Obviously start by reading the instructions for all the forms and the information on USCIS. There are a number of self-help groups online that have reasonable guides and checklists (I just looked at immihelp and it's decent, I know visanow offers guide kits for a $50 fee). I am willing to provide some guidance until we get too close to legal advice or actual application prep, which I avoid for multiple reasons. It's not clear to me how much/little information you actually have, so if you can give a clearer idea of what scares you I can try to help. Like, do you understand what the basic process/forms are? Are you confused about what to submit with an application? Are you simply plagued by a nameless fear of failure?
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Jan 7, 2014 16:26
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Ashcans posted:If you are really terrified/uncertain about your ability, you might want to consider getting an attorney. I mean, I work in immigration so I usually do that (pay my rent please) but it can be an especially good idea if you don't feel like you have a good grip on the process or you are really stressed out by it. At least consider getting a consultation and finding out what it would cost. There's no way we can afford an attorney unfortunately. I do have a fairly good idea of the process, it is a nameless fear yes. Like being rejected because I've traveled to Syria and Lebanon...sometimes I can be a bit high strung! I've looked at this page: http://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents and http://www.visajourney.com/content/i130guide2 I'll go through everything and post again after my night shift tonight!
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Jan 7, 2014 18:44
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I'm a Canadian citizen and TN-1 eligible under the terms of NAFTA, but while I was a student I hosed up my documentation for an externship once and was denied entry (then subsequently approved later the same day when I came back with everything I needed.) I know this is a flag on my file and I'm definitely referred to secondary inspection pretty much every time I cross the border now. My problem is that now that I'm finished school, I might be looking at a residency at a US school via TN-1. How hosed am I if I do get a job offer in the US and try and pursue it?
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Jan 12, 2014 00:08
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Is it possible to apply for a green card while on a B1/B2 visa? My wife and I have been together for more than three years and married for almost one, so our marriage isn't fraudulent. We got married in China and the only visa they would give her when she applied was B1/B2. The attorney I just talked to on the phone says we should use a Family Petition and I have no idea how that is different from what we're already doing.
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Jan 16, 2014 17:01
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Solis posted:I'm a Canadian citizen and TN-1 eligible under the terms of NAFTA, but while I was a student I hosed up my documentation for an externship once and was denied entry (then subsequently approved later the same day when I came back with everything I needed.) I know this is a flag on my file and I'm definitely referred to secondary inspection pretty much every time I cross the border now. My problem is that now that I'm finished school, I might be looking at a residency at a US school via TN-1. How hosed am I if I do get a job offer in the US and try and pursue it? Sorry, I read this earlier and didn't respond immediately, then kind of forgot about it The fact that they ended up admitting you almost immediately suggests this wasn't a big deal, but it sucks that you are still stuck dealing with every time you enter. Do you feel like those secondary inspections are pretty rote? Or are they escalating/getting more serious each time? If you feel like you are getting more and more pressure/scrutiny, it might be worth talking to an attorney about ways to clear or mitigate the issue. What status have your subsequent entries been in? I know that when some people screw up as, say, a student, they get trouble while they are entering as a student, but once they have switched to a different status it goes away. If you were admitted and are still getting admitted then you should still be eligible for the TN. But you might be stuck answering questions about your screwup forever. That's ok as long as it is something you can address easily and consistently to get out of secondary. Cuatal posted:Is it possible to apply for a green card while on a B1/B2 visa? My wife and I have been together for more than three years and married for almost one, so our marriage isn't fraudulent. Long answer: The B1/B2 visa is a nonimmigrant visa class, and it doesn't permit immigrant intent. This means that when you use it to enter the US, you are basically saying that you do not intend to stay or pursue residence - you intend to abide by your visa and depart when appropriate. This isn't like a pledge or even a long-term commitment - it is ok to say, for example, 'My husband is from the US and we are considering living there, but we want to visit for a little while first so that I can see the country - then we'll come back to China and make our decision'. That's ok. But if you enter the US with a B1 visa thinking 'I am going to get there and file for residency', that's not. But, ok, Immigration recognizes that 'intent' is a variable thing. Maybe you intended in your heart of hearts to leave, but once you got here and saw Mt. Rushmore and Las Vegas and a bald eagle carrying an M16 over a monster truck rally you just knew this was where you belonged for all time. That is also ok! The trick here is, well, did you change your mind? Or did you just lie to get in quicker? For the majority of cases, USCIS just looks at how long passed. Someone who entered as a student and then two year later marries their college girlfriend and files for residence? Sure, that's reasonable. Someone who enters as a tourist (and is already married) and then files a week later? Probably planned that. So, doing this you are taking a risk. Is it a big risk? I can't really say that. But keep in mind you are gambling with a lot here. What the lawyer you spoke to probably meant is that, seeing as you are already married, you should file an I-130 with USCIS and request that it be processed by the consulate. Basically your wife stays in China while the I-130 petition is approved, and then she applies to the consulate for an immigrant visa as your spouse. Then she comes to the US with that, two weeks later she gets her green card in the mail. Hooray! This is a much safer and above board way to handle things, but it has the disadvantage of keeping her out of the country for 6-12 months while the process ticks over. If you are both living in China now and can continue to do that, that might not even be a big burden.
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Jan 16, 2014 17:43
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Ashcans posted:Short answer: Yes, but it's a little tricky. Thanks for the answer. We've been here a few months, we haven't submitted the application yet because we've been working on compiling all the stuff we need. We're already doing an I-130 which I guess makes it into a family petition. I'm thinking we should get a lawyer if we can afford it though I'm not sure what they'd really do that we couldn't. Edit - Does anyone know of a reliable attorney that won't break the bank? The best price we found was 2,000 for everything。 Edit edit - Just posted this on the visa forum you recommended （great idea, by the way): 1. My wife does not have an a-number yet, what should we do when forms require an a-number? 2. I was out of the country and not working for the last four years, on part 6. of the I-864 it asks for my tax returns for the past three years, I don't have any and I think they'd be blank anyway, no idea what to do with that. I do have two jobs now at the Hilton and GNC but no idea how to calculate my income or prove it, I'm guessing it'd be like 20,000ish a year just on the minimum wage I'd be getting, then considerably more once you added in the commissions from GNC and the tips at the Hilton. 3. Also on form I-864, if I'm only sponsoring my wife, on section five "Sponsor's Household Size," do I put a 1 in the first box "Enter the number you entered on line 7 of part 3," and then another 1 under "If you are currently married, enter '1' for your spouse?" It says not to count anyone twice, so I'm thinking I just put a 1 in the first box and leave the other one blank, but it's confusing since it says Persons NOT sponsored in this affidavit and it's talking about my spouse. 4. Dumb question, but on the G-325A for me in ”Complete this box" at the bottom it asks for an A-number. I'm a US citizen and don't have one, do I just leave it blank? Cuatal fucked around with this message at 18:31 on Jan 17, 2014 |
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Jan 16, 2014 20:14
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Cuatal posted:Thanks for the answer. If there is nothing unusual about your application (e.g. your spouse doesn't have any criminal convictions, was never married before, and has never been deported from somewhere), you don't need to pay a lawyer $2,000 to fill out your forms for you. The paperwork isn't that complicated and your lawyer can't make anything go faster for you, but you do need to be able to read directions carefully and follow them. Check out VisaJourney at some point for stories of how inept lawyers manage to royally screw up otherwise simple family petitions by, for example, forgetting to file necessary forms, ignoring/not informing petitioners about Requests for Evidence (RFE's) until after the petition has already been rejected for failure to respond, etc. About the only people who really need a lawyer for the process are people/companies dealing with work visas or people who need to deal with an immigration situation that necessitates a waiver. As for your questions: 1. She doesn't have one yet, leave it blank. 2. If you read the instructions for the I-864 (seriously, read the whole instruction document for every form you fill out) it says "If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation." This will likely require you to look up what the filing requirements actually are so you can cite them in your application (you can find them here: http://www.irs.gov/publications/p554/ch01.html ). As for your current income, a letter from your employer helps. 3. Your household size is 2, your spouse and yourself. 4. Yes, leave it blank or write "n/a".
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Jan 19, 2014 01:38
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Powerlurker is basically right, if your case is an open-shut marriage situation then you probably don't need a lawyer at all. But, this assumes that you are actually capable of reading instructions and interpreting forms. If you can do your own taxes or navigate insurance without panicking, you'll probably be fine. If you can't make it through the instructions and filling in forms leads to an anxiety attack, well, maybe you need help. I run into a surprising number of people who can't seem to manage this, and many of them are otherwise intelligent individuals with a good education. As in, I have been working with people who have PhDs and they'll answer the question 'Have you ever served in the military' as 'No'. Then I'll look at their resume and see something like 'Colonel in Hungarian Infantry, 10 years service'. How does this happen? I have no idea. If people are nervous I often suggest they look into a consultation with an attorney - a consultation can cost something like $150-$250, and can help you find out if your case has any lurking variables you didn't know about. You don't have to retain anyone after that consultation. You can also look into free legal services in your area - particularly if you're in a reasonably sized city. Powerlurker posted:Check out VisaJourney at some point for stories of how inept lawyers manage to royally screw up otherwise simple family petitions by, for example, forgetting to file necessary forms, ignoring/not informing petitioners about Requests for Evidence (RFE's) until after the petition has already been rejected for failure to respond, etc. On the plus side, if your lawyer fucks up your case it is viable grounds for an appeal and re-opening, whereas if you gently caress it up yourself you are boned.
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Jan 19, 2014 06:26
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Ashcans posted:Sorry, I read this earlier and didn't respond immediately, then kind of forgot about it I've been entering as a tourist basically since. I work in Canada, but I fly down to the USA for CE opportunities and conferences etc currently. They've never really given me trouble per se at the border it's always literally been 'what do you do for a living? How long are you staying?', I guess they flagged me as potentially seeking employment in the US?
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Jan 19, 2014 09:30
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Yeah I've been using VisaJourney lately, thanks for all the help here too. I just found out we can't translate the documents ourselves, is this true? I called the general information hotline and they said that as long as evidence is provided that the translator is competent to translate (I speak fluent Mandarin and I have the test results to prove it), it does not matter who translates the documents, but then they decided it was best to transfer me to an immigration officer (I guess they weren't 100% sure) who unfortunately I don't have the time to wait for since I have to go to work and the wait time was 169 minutes. I had them schedule a callback and I told my wife who speaks decent English what to ask but I don't think it's going to go well. I-130 rules don't state we cannot translate ourselves, I-485 rules also don't, I-864 also does not. They all say the same thing which includes nothing about us translating stuff ourselves. I guess I can just call back Thursday if my wife doesn't understand what's going on. Cuatal fucked around with this message at 20:34 on Jan 21, 2014 |
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Jan 21, 2014 20:12
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