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RICHUNCLEPENNYBAGS posted:Hey! So I got an NOA2 and my petition for a K-1 visa's been approved. So now I guess I need to get some documents together and my fiancée needs to interview with the embassy. You answer by checking 'do not intend', because you are just going to pay whatever is needed and not set things.
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Oct 25, 2012 21:49
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Yes, because in order to file an 'Adjustment of Status' you must have a status to adjust, and you won't have status until you are in the US. It is intended for someone who is already living in the US in some status and would like to become a resident, not for people who are planning to fly in and then file. I understand that the actual question you are asking is 'Do I need to be in the US to apply for Permanent Residence' and the answer to that is 'Not necessarily'. You can file an I-130 (Which is the Petition for Alien Relative that gives them to ability to apply for a green card) for someone who is outside the US, and request that it be processed at a US consulate. Once approved, they will then need to work with the National Visa Center and their local consulate to provide a bunch of documents, apply, and hopefully get approved. Then they are issued an Immigrant Visa, they fly to the US, and a green card is mailed to them on arrival. This only applies if there is an existing family relationship, so you can't do this for a fiance(e). If you are not planning on getting married prior to the application, then you need to file an I-129F with USCIS, which is basically an I-130 for a fiance. They complete a similar process, but the difference is that they are not given an immigrant visa - they are given a fiance visa, which allows them to enter the US. Once they enter, you have 90 days to get married and file the Adjustment of Status. Providing that you follow through, it is very unlikely that the Adjustment would be denied, because you will have already cleared the highest bar, which is proving there is a real relationship. tl;dr - get a lawyer
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Nov 9, 2012 02:44
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I had a bunch of stuff typed up here but honestly WetSpink you are getting into the realm of 'Help me with my detailed and specific immigration process based only on what stuff I mention on this forum' which I really hate. We don't have the opportunity to review your documents or your situation which means that our advice is always going to be based on a certain amount of guesswork and assumption that may not apply. Get a lawyer, they will talk to you for a couple hours or have you fill out a ten-page worksheet to get all the relevant information. Otherwise I imagine you posting in eight months to say 'Hey guys we got denied because of my felony drug conviction/domestic abuse history/previous fraud/insert other missing info, why didn't you warn me about that?!' Having said that: 1) The bar for proving a legitimate relationship for the I-129F is lower than for the I-130, because it's understood that you are living in different countries and basically waiting to join your lives. So things that would raise questions in an I-130 (not living together, not having joint accounts, no shared finances, etc.) are not really an issue in an I-129F. This is balanced by the stricter timeline and potentially harsher penalties for abusing the I-129F. 2) The list of documentation you posted seems fine. I have seen I-129Fs approved with less. Only one picture is not great but it just means you have to outweigh it with other documentation. Proof of visits and affidavits from family is good.
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Nov 9, 2012 17:00
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Honestly I don't know why you would want to come here anyway, but your two best options are probably: 1) Try to get a job with a company that has offices in both Europe and the US, work there for a little while and then ask to transfer. 2) Apply to some sort of graduate program in the US, and network like a motherfucker while you are here. 3) Emigrate to Canada, become a Canadian citizen, and then you can work in the US much more easily using the TN.
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Nov 10, 2012 19:24
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This is going to be a long post I guess but whatever. Hoops posted:After I finish my masters (UK) I was thinking about maybe working a summer in the US, just for a new experience. Probably 3 months max. I know you can get visas to be a summer camp worker, but I would prefer to be in a city bartending or waiting or something like that. I did a little research on visas and it seems like it's almost impossible to get anything like that organised. I will tell you straight up that I don't deal with J-1s very much so I have limited experience. Your best shot is probably the summer work travel version, seeing as you are currently a student and only want a short stay. The part where things get a little squashy is that you sound like you want to travel right after your program - I am not sure at which point they will check your student status. If it's done by the program in advance, then you might be ok. If it is dobulechecked on entry, you could have issues. The ideal option would be to find a way to delay the awarding of your degree so that you haven't finished your program yet, but like I said I'm not really that experienced in this area. Companies have to be registered to handle J-1s, so you might just want to start contacting sponsors that look interesting, and they should have someone on staff that actually knows this poo poo (fingers crossed). You should also look at the intern stuff, because you never know if someone is actually doing it in your field until you check. I have seen some people interning in very niche jobs! Davethehedgehog posted:I understand the H1-B is a skilled-worker Visa which is a sponsored by employer. This is likely going to be my only way in. Thankfully I'm pretty highly certified in my career, so it shouldn't be difficult to justify. The particular application says "EAD Preferred". I wasn't familiar with the EAD. I've read some stuff online, but US immigration information is difficult to grasp so perhaps someone can put it into clear english?  You should probably still go ahead with the interview, because hey the company might have a solution and even if they don't, you want to stay on their radar for the future. For reference, an H-1B is generally limited to six years, but it can be extended beyond that if you have started the green card process before the end of the fifth year. An Cat Dubh answered the rest of your questions, I think. flavor posted:Very nice, no immigration thread on SA can ever do without 1. I didn't say 'Move to Canada it is amazing and better than stinky America!'. I suggested that Dave consider moving to Canada as a step in immigrating to America, because if you are a qualified professional you can move to Canada without a job offer in hand (which is virtually impossible for the US without significant investment or being in the very top of your field). Once you are in Canada it is much easier to interview and network in the US, not to mention the working benefits of the TN. Yes it is a crazy roundabout method that is going to take years, but I've seen it done a dozen times by people who don't have other options. 2. Yea, I guess my tone was a little flippant, but you don't think this is a valid question? Immigrating is difficult and expensive, and so I really think you need a good reason to do it. A lot of people are vaguely unhappy and think that immigrating is a solution, when it really isn't (this isn't like some specific thing to the US, either. See that crazy chick who wanted to illegally move to the UK because she felt like she was inexplicably British or whatever) I spend a lot of time dealing with people who moved to the US for very clear, rational reasons and are still frustrated and irritated by the reality. So one someone doesn't seem to have a clear drive, yea, I'm pretty skeptical. This is keeping in mind that Dave is a UK citizen, which means that he has much easier routes to move to and work in most of Europe and big stretches of the Commonwealth. Does the US really beat out all those options? Now he says that this is where his industry is happening so I guess it does, but I see enough people who uproot their lives and make significant sacrifices to come to the US only to end up disappointed (or discovering the joy of 'at will' employment) that I'm not so enthusiastic. You'll note that I didn't say this to people with clear reasons to immigrate. Is moving to the US really in WetSpink's best interests? I dunno, but I understand he wants to be with the person he loves, so that's clear reason enough. I'll give him advice without questioning his decision. 3. I never said anything about there being no jobs, so I don't even know what this is. We burned up 80,000 H-1Bs in four months so clearly there are jobs, it's just that it's difficult to land one from overseas with no contacts or network to US employers. quote:Anyway, I'd love it if the guy cutting my hair would question the wisdom of anyone getting a haircut.  and stay home with the hedge clipper.
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Nov 11, 2012 16:39
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Davethehedgehog posted:The answer as to why is a complicated one, but it's one I expect to answer many many times if/when I go down this route. I get the feeling from your (pl.) answers that you're in some way related to the process, so it's only natural you would ask, or be cynical. I don't think I bothered to mention it before, but for reference I have spent the last five+ years working in immigration firms, both business and family cases. I am not a lawyer though, basically a paralegal. I am also an immigrant myself so I've jumped through the hoops personally. quote:I'm aware the US has got it's problems, but my experience is that those problems are not totally removed from the same ones we have in the UK. They're just general life/economy problems. I'm also not exactly selling up and burning bridges here either. I've got a good grounding, and any position I moved to would likely be well paid. Ok, so you do seem to have thought this through and have legit reasons for wanting to relocate. Sorry for lumping you with the more naive crowd, I read the wrong signals from your first post. I do want to mention though, it's not just about economy and stuff (although I do recommend that you read up on US health insurance and employment law, because its very different than in the UK and many other countries). Moving this far is hard. It means leaving behind your family, friends, a lot of your network that you might not even really think about but rely on. You mentioned that you have kids - part of moving means that they will see their extended family less. Maybe you won't be able to fly back to the UK for your mate's wedding. Stuff like that is tough, and it's kind of a hidden cost. I've had a guy on the phone with us crying because his dad was dying, but if he left the US to see him it would wreck his immigration status. That is a really lovely situation to be in (although it's less likely to happen to you). I think it's easy to see the opportunities in a new place and forget about the stuff you enjoy every day. I am not anti-immigration by any means, and it's the right choice for many people. And hey, maybe I'm just projecting; I miss my family and it sucks that they get to see my son so infrequently. v  vNuclear Mage posted:My question is, how does one prove one has special skills? I work as an IT professional and am only being considered for relocation due to my experience in the company. So the basis of the L-1 is that you have a 'specialized knowledge' of the company that makes it necessary to transfer you, and would make it impossible or very difficult to hire someone locally to do the job. So what you are trying to show is that the work you do involves something - skills, tools, knowledge - that can't be readily acquired anywhere else. Most of the time this relates to things like proprietary tools or software, complicated or specific training, or internal knowledge of the company that would not be shared elsewhere. It also applies if, for instance, you are in the middle of a project and bringing someone else in would be a mess. The officer who adjudicates your case is not going to be an IT professional, and so their knowledge is going to be basically no higher than a layman. They are pretty much going to read the letters/documentation that gets submitted and decide if it sounds reasonable. Like if the letter just says 'This guy builds our website!' they might say 'Wait, lots of people build websites. Why do they need this guy to do it?'. Whereas if it says 'We use a custom-built software to maintain our website that is proprietary, and it takes six months of training for people to be competent on it, therefore we need this guy so we don't have to waste all that time' they'll probably be 'oh, ok, sounds reasonable'. If you have been developing software for this company and now you are going to New York in order to manage and troubleshoot the launch, for instance, that would probably work out. It's unlikely that they will do any outside research, and if they do it will be something like 'Google the name of this software'. They primarily rely on the documentation you submit, so its a good idea to make sure it lays out why you are really needed and why you can't be easily substituted/replaced. Salary is not really a factor in this decision (in fact, unlike H-1Bs L-1 visas do not have any wage requirements). I mean it might draw some questions if they are only paying you $20,000 a year, but 'specialized knowledge' doesn't always translate into 'fat paycheck'. For instance, I have seen L-1 applications for people who are coming in to the US to install a piece of machinery or equipment - these guys aren't highly educated or highly paid, but they are the ones who know how to unpack a widget-maker and set it up on a factory floor, and you can't just get a couple auto mechanics off craigslist to replace that.
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Nov 11, 2012 21:02
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MeinPanzer posted:I'm a Canadian looking to begin a PhD in the US next fall. My girlfriend, who is also Canadian, will be coming with me, but chances are she won't have any work lined up and she won't be studying herself any more. We also aren't planning on staying more than the length of my PhD (5-6 years). We are considering getting married, but we will have neither the time nor the money to have a proper wedding before leaving next year, and so we'd rather wait if we can. Would it be better for us to get officially married? What do we need to know about immigration law? Ok, so I am not sure what you mean by 'coming with me'. Being your girlfriend doesn't confer her any immigration benefit, so in terms of coming to the US she will need to have her own status - that means she needs to get a job, be studying, something. She could come with you for like, 90 days as a visitor, but otherwise she needs her own status. She can't just tag along with you. Now as a Canadian it's relatively easy for her to work in the US using a TN, but she'll still need an offer. If you get married, she can come to the US with you as an F-2 (I am assuming you'll be here on an F-1). She can't work or do very much, but she would be able to hang out here for the duration of your studies. So if you're not getting hitched she needs her own boat. lol internet. posted:As before, it really wasn't a requirement. I had co-workers who were born in US and have citizenship but lived their whole lives in Canada and have never filed taxes. They're just as baffled as well with the situation. This is entirely not my area, but just because people have been doing a thing doesn't mean they have been doing it right. If they have lived and worked their whole lives in Canada, then there hasn't really been a great opportunity to enforce it. This sort of thing usually catches up to you when you go to the US, actually file taxes and then the IRS says 'Huh, hang on a sec...' or when your American assets get grabbed. It's not like the IRS is going to deploy attack teams to Thailand to extract 1040s from ex-pats. It's also very possible that they haven't really been earning enough for it to be an issue for them, depending on what they're doing. Edit: I say this because one of the things that is most frustrating to hear in immigration is someone saying 'What do you mean I can't do X, I know a guy who did this and he's been doing X for years!' Great, your friend is breaking the law and hasn't been caught yet. It happens. Go ahead and jump in the same boat, but burn my business card first. Ashcans fucked around with this message at 19:59 on Nov 12, 2012 |
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Nov 12, 2012 19:56
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Yea, a Reentry Permit is the way to go, it will protect his residence while he is out of the country. You can extend it for an additional two years, and then technically get further extensions in one-year increments. But after the first two (so four years) USCIS is likely to question your intent to return more closely. Some people live outside the US with a green card for years and never have problems with it. The enforcement method is basically 'officer at airport looks at your passport/card, notices absence, decides to act on it'. So people can get away with it because an officer doesn't notice/care. The bad side is that basically any time they travel, the officer can say 'Wait a minute, you haven't lived here in years! I'm revoking this card, go back to India'. More likely, actually, is that they will receive a warning, and be allowed to enter - but now their file is flagged and if they keep messing around they will lose the card. It's a dumb enforcement model. MeinPanzer posted:Thanks for the answer. If we get married, what would she have to do to be able to work in the US? Also, if we will be moving next September, how soon would we have to get married? An Cat Dubh covered this. If she wants to work she needs a work status. The advantage to getting married is that if she can't find work (or finds a job and then loses it later) she has another way to stay with you in the US. Otherwise she would have to return to Canada. There isn't really a clear and fast timeline on when you would want to get married. Getting married two days before you come to the US might raise some questions, though. On a non-immigrant application it's unusual for the officer to question the validity of a marriage unless it seems really nuts or fraudulent on its face. So you could pick a date that works for you and make a little event of it without freaking out too much about the timing.
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Nov 13, 2012 16:15
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If your brother is a green card holder, he can't sponsor you. He could sponsor his wife and kids, that's it. In order for him to help, he would need to naturalize and petition once he is a citizen. There is currently a 12 year wait for siblings of US citizens (as in, people who started the process in May 2001 are currently eligible to receive green cards - assuming you aren't from Mexico or the Philippines) So it is not like that is going to be an immediate help to you anyway. On the other hand, if you are concerned that you will not be able to get sponsored any other way, it makes sense to start as soon as possible so that you can get in line. But your brother needs to naturalize first. Until then he can't help you.
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Mar 13, 2013 15:54
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When you say you were 'denied', do you mean that the US consulate refused to issue you a visa, or that you actually traveled to the US and were denied entry at the airport/border? Now that you have been refused entry, it means that you need to apply for a visa (it's not clear to me whether being a permanent resident of an EU country makes you eligible for the VWP anyway, but it doesn't matter now). Having been denied entry before is an issue, but it's not insurmountable. It just means that at that time, the officer wasn't convinced that you didn't have an immigrant intent when you travelled. It does mean that you need to take your application seriously and do your best to ensure that you can convince them this time. Here is a basic checklist of stuff: 1) Do not lie/obfuscate about the prior denial. The officer will know, and if he asks you about it (ie, 'Have you ever been denied entry?') he is testing you, not actually looking for that information. Be honest about it, but don't go into excessive detail unless asked. It should be enough to say 'Yes, I was trying to visit my family four years ago for X, but was refused.' 2) Having friends in the US doesn't matter, but having immediate family (like parents) is kind of a flag. So the question is, do you also have family where you are now? Can you show that? If your parents are in the US but you have siblings/cousins/etc in your current country, it can't hurt to bring along some pictures of you at the latest family gathering. 3) Buy a round trip ticket, so that you have a very clear itinerary of entering and leaving the US. Have your parents (or other family) provide you with an invitation is good, but make sure that it says that your visit is temporary and that you will be returning to your current residence. So like, 'Mobby is my darling child/cousin/etc and I miss them terribly, they would like to come and visit us for three weeks. During this time they will stay with us and I will bake their favorite cake, and then they will return home to continue their vibrant and promising life there.' 4) You want to be able to show as much connection to your current residence as possible. So a letter from your employer saying that you are still employed with them in good standing, that you're taking some vacation and will be returning to work is useful. So are bank statements showing that you have substantial assets in that country. Or your lease, showing that you still have X months left in your apartment. I'm assuming you don't own any property, but if you do, that is a huge plus. Heck, just evidence that you have stuff (like a car) is useful. If you have a girlfriend/boyfriend, that helps. Basically, make a list of every tie and connection you have to your current life and say 'can I document this in some way?' Ok, so final thing. Do not lie in any portion of the application process or interview. Sure it might seem tempting to say 'Oh no, I don't have any relatives in the US - I am going there to see Disney World!' but you don't know what information the officer has, and if you slip up and get caught in a lie you will absolutely be denied and you can face much, much more serious issues trying to come to the US in the future. Having said that, you are not under obligation to volunteer information unless asked - you don't have to tell them that when you were a kid you used to dream about living in NY, for instance. Also, watch out for fishing questions where they are trying to gauge your intent indirectly. Answer those truthfully, but be sure that you can't be misunderstood by the officer.
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Mar 27, 2013 14:58
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Well, once the green card process is underway, you can extend your H-1B indefinitely. It's a pain, but at least you aren't running out of time. A more common situation is that an employer keeps putting the process off, saying 'Oh, not right now, you have time', etc, and then suddenly the employee finds themselves running out of H-1B time and realizes that their employer never really intended to file for them - now they're stuck trying to find a new company that will sponsor them, and a ticking clock for it to happen. Having said that, a lot of legit companies are going to want to wait something like a year or 18mos before starting the process, because that avoids them doing it for people that they are going to discover are terrible and they don't want to keep on. So not having it rolling in your first year is not a problem. I would definitely talk to your supervisor (AND HR) and get a firm timeline, though. Then hold them to it, and if they keep waffling, get out of there.
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Mar 27, 2013 20:23
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To answer your questions: 1) No, there isn't any standardized format. What you google around and find is probably ok, and many companies have a standardized way they provide employment verification. Ideally it should be signed by an actual person though, some companies provide letters through an automated service which aren't regarded as well by the consulates. As long as it has the relevant info it should be ok. 2) Anything you want to present as evidence should be accompanied by an English translation. Preferably, you shouldn't provide that translation yourself because you are an interested partner. Many consulates do have people that read and speak the local languages fluently, but it's not guaranteed and they are under no obligation to get those people to help. The less work you make the consulate do for your application, the better. So get things translated, preferably by a service but by a third party would be ok in a pinch. 3) Not having a ticket is ok. In fact, many consulates have a section on their website that says 'Please don't make any plans until after your visa appointment, because you might be denied!' so you could always print that and bring it with you, along with copies from Expedia or whatever of the flights you plan to take. (You can actually see that language at the bottom of this page, for example - check the consulate you will be attending, though). As a sidenote, some booking services let you 'reserve' a booking for 24 hours or something before you have to purchase it, so you could also do that do show what your plans are without actually putting down the cash. The other option is to skip the cheapest tickets and buy one that has a better refund option attached. What you definitely do not want to do is buy a one way ticket or something like that which can be interpreted as an intent to go and not return. The consulate shouldn't blame you for not wanting to drop a ton of money on a gamble, but you should be able to say what your plans are, like 'Well, I haven't booked the tickets yet, but I am planning to fly back on the 29th on Delta 6042, here's a copy of the itinerary I will book once I have my visa'. If they ask you how/when you plan to return and you stare slack-jawed, that is not going to help you.
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May 16, 2013 14:47
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Basically, yes your friend could do a PERM-based petition for you based on hiring you at his business. But the PERM process is probably the most inherently convoluted and difficult areas of immigration, and he should really, really, just find a law firm that does business-related immigration and talk to them. Ultimately, if he wants to do it, he should have a lawyer handle the whole thing because it isn't one of the things where you can just read the instructions and get by. There are tons of snags to trip up a case, like ensuring recruitment is handled properly, that the position requirements are legitimate and justified, that any applicants are handled appropriately. It's a nightmare and you need someone to hold your hand through it. Also worth noting that even if he starts the process soon, it would be some time before it would actually mature. Prevailing wage, recruitment, application period, then the PERM processing and the I-140 processing, you could easily be looking at a year even if it isn't audited. So you might want to think about the H-1B for next year anyway.
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May 16, 2013 19:41
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I think the current situation is mostly a result of how poorly the system has aged. Most of the immigration system, with minor changes, dates from the 1960s. At that time there were certainly people coming to the US for university, but many of them would be leaving afterward (being either Europeans basically studying abroad, or people from developing nations would would return home with their education). Of the ones who didn't, well, at that time there were so few that they could reasonably expect to get a work visa and then transition toward permanent residence. The H-1B cap was never reached prior to the 1990s. Fifty years ago, foreign students in the US were an exception and an oddity. If you told someone then that there would be US universities where the majority of the masters or PhD programs would be filled with foreign students, I doubt they would have believed you at all. It was never anticipated. So now we are in a situation where there are too few work visas even to cover the people graduating from US universities, never mind people educated overseas who want to come here. There have been some stop-gap measures implemented - for a while the cap was raised above the 85,000, but that expired and congress didn't care to renew it. There is currently a system that allows people in STEM fields to extend their student work authorization for an additional period. But the basic problem is that the system is old and wasn't designed for the current world, and it needs to be revised. Until we get some sort of comprehensive reform it's going to continue to be a mess. Sidenote: one of the reasons we are here is because of how university costs and admittance has changed in that same time. Foreign students pay full fare (and then some) so universities who want that sweet cash have every reason to stock their programs with them
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May 25, 2013 01:40
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Unfortunately, that's going to depend entirely on what your visa actually says. When you get your passport back, your visa will look something like this:  (thanks to the State Dept for this handy image!) So the things you want to check are the validity dates (issue and expiration) and the # entries. Most of the time, a B visa will be issued with an 'M' for entries, meaning that you can use it as many times as you want during the validity period. But sometimes, for one reason or another, the consultant will only issue it good for a limited number of entries (usually one or two; I've never seen a visa good for anything besides 1, 2, or M. I guess there isn't any point in giving someone 7 entries instead of as many as they want). If you only have one entry, well, you probably shouldn't go to Canada. If you have an M (or enough spare entries to use) you can go ahead and take the visit provided you come back to the US before the expiration of your visa. B visas range from multiple entry, ten-year visas to single entry 30 day ones; I would be surprised if you were on the lower end of that, though.
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Jun 10, 2013 20:33
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Not really, no. There are basically two ways to get a green card: through your family, or through your employment. It doesn't sound like you have any family to petition for you, so the only option on that front would be if you were to marry a USC (or permanent resident). So that leaves getting one through employment. As you are currently a student, your best bet here is to use your Optional Practical Training (or CPT, if you are doing that) to find a company that is willing to hire you long-term and apply for an H-1B for you. Once you are working there, you have bought yourself some time for the company to start a green card process for you, or for you to find another company that will take over your H-1B and do that. The student visa is a non-immigrant category, so it doesn't track into residence and citizenship. You have to jump from there into one of the other statuses that have a better track toward residence.
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Jun 21, 2013 15:56
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Generally, there is no particular rule that you have to come to the US within a certain amount of time, but you do need to keep your application 'active' in processing. The back and forth with the National Visa Center and the US Consulates can take a long time, and it isn't unusual for the process to get substantially delayed if people are trying to hunt down documents like birth certificates or police reports. In immigrant processing, an application is usually considered to have been abandoned if the application goes for one year without any contact from you. Once you get the visa, you usually have six months to enter the US as a resident. So if you have stuff you want to finish up (like school or whatever) you can reasonably draw out the process for a while if you need to. Once you have your green card, things are a little more complicated. Technically, if you leave the US for more than six months, you can be considered to have abandoned your permanent residence and have it revoked. In practice, this is very haphazardly enforced, and many people spend significant time outside the US without issues - but it is not something you would be advised to try. It's unusual that someone will have their residence straight-up revoked, in any case. What usually happens is that if you are coming back to the US and the immigration officer realizes you were gone for a long time, they'll warn you about abandonment and flag your file - at that point you are kind of 'on warning' and you might have your residence revoked the next time you travel for too long. If you know that you need to take a long trip and want to preserve your residence, there is a special application you can file to notify immigration and protect you from revocation - this is called Reentry Permit, and it is fairly simple to have one issued for a two year period. A lot of people do this because hey, they get transferred overseas for a while by their work, or decide they are going to study abroad, or their family overseas needs them. You can extend the Reentry Permit; the second one is also good for two years, and after that they are only one-year extensions. Beginning with that second application, immigration will give the applications increasingly higher scrutiny to determine if you really intend to come back. Most people have trouble going beyond four years without substantial evidence of need and intent to return.
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Jun 22, 2013 18:01
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It doesn't tell you much, really. The fact that she has had the biometrics and received her work authorization basically only lets you know that USCIS hasn't found any terrible gaps in the basic premise if your applications and is actually processing them. So, I mean, at least you know the case hasn't fallen into a black hole of vanished down the side of someone's desk. But it doesn't really indicate whether they'll have any issues with the actual adjustment application itself. Having done the K-1, I wouldn't expect you to have any issues unless you basically filed a bare petition with nothing more than the absolute essentials. The initial K-1 application and the consular interview is generally the more grueling portion of it, and once you're here and married and everything it tends to tick over without too many hiccups. At least compared to a straight marriage petition where this would basically be the first adjudication of the relationship.
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Jun 29, 2013 03:38
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Yea, it's very frustrating, and you basically just don't hear anything until surprise, you're approved! How long has her case been pending now? There are certain things you can do if it is has been pending for way too long, although it takes a while to work up the tree and actually get a result.
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Jun 29, 2013 13:02
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There are a couple of things that need to be done: 1) Your wife needs to update her address with USCIS (AR-11) 2) You need to amend the address relating to any pending petition. You can file the AR-11 online and update the case address at the same time, so do that. Otherwise (if you mail the AR-11) you will need to call USCIS and update the petition address anyway. Easier to jut do it online. 3) If you filed the I-864 for your wife, then yes, you should technically file an I-865 to inform USCIS of your change in address. You would need to do this by mail.
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Jul 12, 2013 19:13
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When you file a green card application you can also request travel authorization (called an Advance Parole - these days, work and travel authorization is being issued as a combined document in an EAD with travel endorsement). That would allow you to leave the US while your green card is pending and return without abandoning the application. It takes about two months to be issued (really 1-3 months) and so there would be a block of time where you would not be able to travel. Depending on your life situation there are other ways to handle the application. For instance, if you get married before you plan to move, you could consular process the whole thing so that you get a green card basically a couple weeks after entering the US.
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Jul 12, 2013 20:42
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Because you say two-year expiration, I am assuming that you have conditional residency based on your marriage, and you are actually looking at the removal of conditions (I-751)? It is not as intense as the original filing, but you should still take it seriously and submit whatever documentation you have (pictures, affidavits, joint stuff, etc.) If you submit sufficient documentation, it is very likely you won't even have an interview and they'll just approve the case. Stuff you should have: - Joint account statements (bank) - Joint tax return - Proof that you are living at the same address (any official mail, banks, schools, etc.) - Pictures of you together since the original petition - Affidavits from friends or family If you are worried, you could go as far as pulling phone records to show that you text/call a bunch, stuff like that. Can you get pregnant? Having a baby is like the gold standard for proof (don't do this, I am joking). The I-751 usually only goes bad when either something has gone weird (ie, you're not living together now, the original sponsor doesn't sign, etc.) or when people don't take it seriously and don't really submit anything with the form.
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Jul 12, 2013 21:13
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If you are a Permanent Resident, then congratulations, you have the next best thing to citizenship. I am not sure what you mean by 'if poo poo hits the fan', but your status is pretty much safe unless you start committing felonies, drug crimes, or decide to leave the US and not come back extended periods of time. There is basically no avenue of immigration reform that would threaten permanent residents. The DREAM Act was intended to help people who were brought here without a status as children, and only discovered they were undocumented when they had grown up and been here forever. Basically it was intended to help people get to where you are now. However, I am kind of puzzled because you talk about your mother (and you?) getting citizenship 'through' her husband and mother. That doesn't really make any sense. Once you are a permanent resident, you do not need anyone to sponsor you for citizenship or anything. You just need to wait five years and then you can apply all on your own. So either you are confused about what was going on, or you could probably just file your own application whenever you like and get your citizenship without your mom or your grandmother or anyone else.
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Jul 13, 2013 02:32
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Your wife should enter the US in the status that is most appropriate for her intentions. By 'without a visa or any paperwork' I am assuming you mean just rocking up at the border and entering as a visitor? Because she has a US citizen as a spouse, it is likely that she will encounter problems entering as a visitor because they will suspect that she is trying to do what you are suggesting - enter as a non-immigrant and then adjust her status, because it's easier. CBP doesn't like this and may refuse her entry to the US. You do not what that to happen. It's not impossible for her to enter as a visitor, she will just have a higher standard to meet than someone without family in the US. You should understand that entering the US as a visitor (or in most nonimmigrant statuses) when you intend to become a permanent resident is fraud. Many people do it and get away with it, but it is still fraud and if you are one of the unlucky people caught at it then it will seriously gently caress your immigration process, potentially irreversibly. Is the savings in hassle worth the risk? If your wife wants to move to the US she should do so either using the immigrant process or in a dual-intent status (H-1B, L-1, O-1) I would suggest that you go through the proper immigrant visa process, starting with the I-130. I would recommend filing it at least a year before you want her to actually come to the US; it might not take that long to actually process, but it is much easier to draw the process out if you need to than it is to expedite it if it is going slowly and you are running into issues with your timetable.
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Jul 13, 2013 21:55
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USCIS does provide certain benefits to active military; I am not familiar with all of those because we vary rarely handle them. Ok, so the consular application process goes like this: 1) You file the I-130 for your wife with USCIS. This basically verifies your relationship. 2) Once the I-130 is approved, the case is passed to the National Visa Center; the NVC sends a list of documentation that they want from you and your wife before they'll continue processing. You get all those things together and send them in to the NVC. 3) Once the NVC has everything, they'll wrap the case up and send it to the consulate for an interview. The consulate generally just picks a time and lets you know when they want your wife to come in. 4) Your wife goes in, has the interview, handles any questions, and gets a immigration visa stamp. 5) She now has a set period of time to enter the US using the visa - on entry, she is a resident and will get a green card in the mail shortly. Now, if the I-130 somehow gets processed too quickly, you can basically stall the process by not sending anything to the NVC as soon as they ask for it. The NVC basically doesn't care how long you take to get stuff to it (partly because it is used to communicating by mail with people all over the world, many of whom have lots of trouble getting documentation from their dysfunctional governments). Basically, if the NVC doesn't hear from you for an entire year, they will send you a notice saying they think you have abandoned the case and they'll close it; if you send them anything in that whole year (including just one of the fifteen documents) they'll reset the clock and send you an updated list of what they want. This means you can stall the process for a good long time, if you need to. Once your wife gets the visa, she will usually have between 3-6 months to actually use it; she doesn't have to do so immediately, because most people have to wrap up some last minute things in their life. So again, there is some flexibility here. If you are military, you should probably see if there are any legal resources available to you. This sort of thing is going to be pretty common, and I would be surprised if there isn't some sort of legal services that can give you some basic help with the whole thing.
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Jul 15, 2013 18:08
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Unfortunately I don't have much experience with the ELIS system, so I don't want to take my best guess and mislead you. Having said which, if your wife has gotten her immigrant stamp and is otherwise approved, she should be set to travel to the US. You might want to give the NCSC a call and try to work your way to an officer to see if they can give you some information specifically about the ELIS system - having used other USCIS online systems, many of them are terrible about actually updating and tracking the case progress properly, and it always ends up freaking people out. And yes, now that she has her visa, etc., she just needs to make a proper entry to the US. Once she clears immigration, her actual card should be sent to you in the mail in a couple of weeks, and then you're all set (until citizenship, if she feels like it)
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Jul 25, 2013 15:31
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classic girl posted:She no longer works for us but I've heard stories about people sponsoring friends or former employees and whatnot for citizenship and my husband I would be willing to do it if it's not prohibitively expensive. Is this possible, or should we try to find her a rich American guy to marry instead? Some people don't even charge the consultation fee if there is nothing to be done, because it sucks to take someone's money just to shrug your shoulders at them. RICHUNCLEPENNYBAGS posted:I have a vague recollection that my wife said the officer who did her biometrics told her she might have some problems down the road, having taken my last name, because her Korean passport obviously has her maiden name. Is this a real problem? What do people usually do? I understand it's not customary for Koreans to change their last names on marriage (plus if it's anything like Japan it's a hassle when you start talking about foreign names) so I don't know if they have a procedure in place over there or what. Also, I would be really surprised if there wasn't some mechanism for her to get an updated passport with her married name (which she should probably do whenever she renews her passport, if she doesn't want to bother with it before hand). Name changes occur for a variety of reasons and there is almost always some system to handle it. If nothing else, most passports can be annotated by the issuing post to indicate special information that doesn't fall into the regular fields. If she is baffled, she should call her regional consulate and ask someone.
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Jul 26, 2013 01:40
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The Kraken Wakes! Honestly, though, that is not really an immigration question as much as it is an import or possibly customs question. Immigration is all about the movement of people, not their crap. Having said that, as a visitor you are generally allowed to bring a personal vehicle into the US for your own use without having to actually do all the import stuff. I believe that you can only have the vehicle in the US for a year before you need to get it under US regulations (ie, registration, inspection, etc.) I suspect that if you rode your bike into the US and then left it here for the winter, you wouldn't have any issues. But if you drive in towing the bike, that might be considered two vehicles and you might have issues with CBP wanting you to clear some sort of import rules on one of them. You might want to try and give someone at CBP a call and ask how to handle this, if you want to be very safe. Sorry I can't give you more help, this is way out of my area of expertise.
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Oct 9, 2013 14:45
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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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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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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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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 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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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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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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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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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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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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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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| # ¿ Apr 27, 2024 21:02 |
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No, you shouldn't translate the documents yourself; USCIS generally doesn't like translations given by someone who has a clear benefit from the application. Basically, the point of getting documentation is to corroborate the information that you have already provided in the forms. If the officer gets a document they can't read themselves, and the only thing with it is a letter from you saying 'Hey this totally confirms that thing I told you, I promise' it's not really any different than accepting what you told them with no other evidence at all. If you were prepared to lie on the forms, you would just lie on the translation as well, right? So the translation should be provided by someone who isn't directly benefiting from the application. It doesn't have to be a professional or a service, it can be anyone who speaks the language and English fluently. If you have friends who are fluent, they can do it. Otherwise you could try a local consular office, a university that has courses on that language (helps if you have some connection to one). This isn't really something spelled out in regulations or guidance, and it's not really a firm requirement, it's just a practice pointer - I would bet that there are any number of people who have gone ahead and submitted their own translations and had their cases approved because the officer didn't notice (or didn't care). The thing is, if an officer does care, he will go ahead and hit you with a Request for Evidence for it, which slows down your case. That's a pain, but the real reason we try so hard to avoid RFEs is that inevitably when the officer finds a reason to issue one, they'll throw in a half-dozen other questions that they were going to overlook, but now that they are sending you a request anyway... When it comes down to it, the cost of a professional translation for a document isn't too harsh, so this would only be an issue if you are trying to do something like translate 500 pages of chatlogs or something like that. That could be problematic because it would prohibitive to pay for it all, and you would be hard pressed to get a friend to commit to that. Solis posted: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 21, 2014 22:14
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