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WetSprink: If you submit an I-129F with insufficient evidence it could be denied outright or you could be issued what is called a Request for Evidence (RFE for short). Getting a RFE would legenthen the processing time for the I-129F. What other evidence besides the one picture of you two together do you have? Copies of emails, letters, greeting cards sent to each other? Are you officially engaged? Do you have a receipt for an engagement ring? If you have no other evidence of your relationship besides a single picture of the two of you together, the chances are pretty high you would be submitting insufficient evidence to establish that you have a genuine relationship. It would be risky to go the same route as nach0king, because as he says, applying from Adjustment of Status when you are in the U.S. on a Visa Waiver is generally against the rules. I'm pretty surprised that he was approved and got his green card through that route. As always, the best advice would be to consult a lawyer.
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Nov 9, 2012 15:58
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A U.S. lawyer would be the one to consult. As I understand, your fiancée is the U.S. citizen, and therefore she would file the I-129F and would be the one to consult a lawyer in the U.S. Photocopies/scans of letters/cards would be fine. An Cat Dubh fucked around with this message at 16:42 on Nov 9, 2012 |
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Nov 9, 2012 16:32
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EAD stands for Employment Authorization Document, basically a work permit that allows you to work in the U.S. You can basically work anywhere in the U.S. with an EAD and the employer doesn't need to sponsor you like they would with an H-1B. Only certain categories of nonimmigrants (non citizens or residents) can apply for an EAD. One example would be people who have applied for Adjustment of Status to permanent residency (green card). While they are waiting for their application to be processed, they can apply for an EAD to work until they get their green card.
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Nov 11, 2012 14:49
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I think I may have overcomplicated things a bit by mentioning Adjustment of Status. That's just the technical term for applying for a green card when you are already in the U.S. in a different status. I was giving an example that people who apply for a green card can apply for an EAD so they can work until they get the green card. Only people with certain visas or certain 'statuses' (like waiting for a green card or asylum application to be processed) can apply for an EAD. Just as a note, if you are married and you do happen to come to the U.S. with an H-1B visa, your spouse will not be allowed to work and cannot apply for an EAD.
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Nov 11, 2012 15:22
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You can apply for other visa types. You can also apply to transfer your H-1B employment to another employer who would then sponsor your H-1B visa, so you do not have to work for the same employer who initially sponsored your H-1B visa for the entire time.
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Nov 11, 2012 15:42
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^^He can look into applying for a Reentry Permit. It will allow him to return to the U.S. after being abroad for up to 2 years. Info can be found here. MeinPanzer: As Ashcans mentioned, if you were to get married your wife would be allowed to stay with you in the U.S., but she would not be allowed to work. She would need a whole separate visa, such as a TN (as Ashcans also mentioned) in order to work in the U.S. that is not at all dependent on her being married to you. An Cat Dubh fucked around with this message at 15:55 on Nov 13, 2012 |
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Nov 13, 2012 15:47
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Ebjan posted:I am an American citizen and my son was born in the Netherlands. I haven't filled for citizenship for him. Can he apply himself once he is 18? Or is that too late? This is a bit back in the thread, but I noticed no one has answered you, so I'll give it a try. When was your son born and where are the two of you living now? If you are living outside the U.S., you can get a Consular Report of Birth Abroad from the U.S. embassy where you live, but it needs to be done before he is 18. You also need to meet certain requirements to confer U.S. citizenship to your son. Have a look at the U.S. embassy website where you live to see if you meet the requirements and what you need to do in order to get the report (which basically is a certificate of U.S. citizenship).
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Nov 14, 2012 18:10
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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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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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I always thought you had to be residing in the U.S. in order to file the I-130 (unless you are residing in a country abroad where there is a USCIS office. There are none in Australia). You have to include the U.S. address where you reside on the forms and that's where USCIS would send the receipt notice/approval notice/everything else. I don't know about you, but I wouldn't want anything from USCIS sent to anyone but me, plus there is the issue of providing false/misleading information if you list the address of a friend or family member. Ashcans (sorry!) am I just talking out my rear end here? Welcome to the wonderful world of U.S. immigration! Your route is actually probably one of the fastest to a green card. Brothers and sisters of U.S. citizens who are from certain countries will be waiting more than ten years for theirs.
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May 20, 2014 09:35
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nullscan posted:I feel silly for asking, but does that delay apply to the application of green card restriction removal? Wife's 2 year green card runs out this month and we sent the papers in back in February but haven't heard anything yet. I-130, processing times are a separate thing but unfortunately most everything having to do with immigration takes a while.
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May 20, 2014 09:39
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