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Aya Zeitouny

Canadian on TN status married to greencard holder

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11 minutes ago, Aya Zeitouny said:

So just to make sure, we should file I-130 and pay the fee,  wait for the approval, then file I-824 and pay $465?

No you file the I-130, wait for it to be approved.. then when your priority date is current you can AOS if you're currently in the USA or ask the USCIS to send it to the NVC so you can do consular processing if you're not. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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On 5/20/2018 at 11:58 PM, NikLR said:

No you file the I-130, wait for it to be approved.. then when your priority date is current you can AOS if you're currently in the USA or ask the USCIS to send it to the NVC so you can do consular processing if you're not. 

Hello everyone,

 

Appreciate all the help during this process. My husband has filed I-130 and we have received I-797C notice. The bad news is, the company I work for might lay me off, if that happens, should I depart the US within 60 days of the lay off? My TN is valid until 2021, but unfortunately this wasn't expected from both side. 

 

My other question, I heard there is a way to expedite I-130, does anyone have an idea about the approval chance for expediting it? I really don't want to separate and live in a different country for 2 years average until my priority date becomes current. 😞😞

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On 5/8/2018 at 9:21 PM, geowrian said:

So you have no underlying petition to AOS from. You were just listed as part of his family on his I-485. That grants no benefits to you.

 

Edit: I-485 is the AOS application (sorry for the brevity/jargon)

Hello everyone,

 

Appreciate all the help during this process. My husband has filed I-130 and we have received I-797C notice. The bad news is, the company I work for might lay me off, if that happens, should I depart the US within 60 days of the lay off? My TN is valid until 2021, but unfortunately this wasn't expected from both side. 

 

My other question, I heard there is a way to expedite I-130, does anyone have an idea about the approval chance for expediting it? I really don't want to separate and live in a different country for 2 years average until my priority date becomes current. 😞😞

 

Edited by Aya Zeitouny
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Filed: K-1 Visa Country: Wales
Timeline

You can expedite an I 130 if you have cause, but your issue is the Priority Date.

 

Obviously you need to depart within your permitted stay if that is 60 days for a TN then yes.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Timeline
11 hours ago, Aya Zeitouny said:

Hello everyone,

 

Appreciate all the help during this process. My husband has filed I-130 and we have received I-797C notice. The bad news is, the company I work for might lay me off, if that happens, should I depart the US within 60 days of the lay off? My TN is valid until 2021, but unfortunately this wasn't expected from both side. 

 

My other question, I heard there is a way to expedite I-130, does anyone have an idea about the approval chance for expediting it? I really don't want to separate and live in a different country for 2 years average until my priority date becomes current. 😞😞

You need to leave within 60 days.  That's your permitted stay after losing your job.  Regardless of the TN expiration date, your TN status requires you to have a job.  

 

Expediting requires you to show an extreme hardship.  Furthermore, expediting the I-130 still leaves you with PD that is not current, so expediting would be useless.

 

Sorry, but many couples have to endure being separated.  Focus on the fact that as a Canadian, you can visit quite freely for up to 6 months at a time, a privilege that many others do not have.

Edited by Jojo92122
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Thank you!

 

I will definitely leave before my 60 days are up! We are planning to leave the US for 2 years or less, until my priority dates becomes current. We have the option to move to Canada, but my husband need to renew his status every 6 months to stay legally, or we can move to Dubai until my priority date becomes current. I need some legal advices of how we can both be together and not taking the risk of my husband losing his Greencard. He was granted his GC based on Asylum, and he filed I-130 a month ago. The only option I can think of is if we live on a border city like he lives in Detroit Michigan and I live in Windsor Ontario, but we can't afford it because our financial situation is very limited. We have to be together because of our baby situation. Here is some suggestions, but I'm not sure if it's a valid option 

.

1- I file I-539 to change my status from TN to B2.

2- Husband apply for reentry permit I-131 ($660), once he gets it, we move out for 2 years or less.

 

I would really appreciate all your suggestions, we are totally lost and we need to have a backup plan if I get laid off.

 

Thanks 

 

 

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Filed: Timeline

Here are the potential problems that I see.

 

Your COS could be denied.  Your intention is to use the B2 status to live in the US with your husband and child; not to visit the US.  You have already demonstrated immigrant intent based on the I-130 your husband filed.  It's difficult to see how you would be visiting the US when it appears you want to be living in the US.  With a denial, you will have violated the terms of your TN status.

 

Your husband must maintain ties to the US even with a Re-Entry Permit.  Will he be able to do this?

 

Will your husband be able to meet the financial requirements of the I-864 Affidavit of Support when it's time for your visa interview?

 

What country did your husband get asylum from?  Hopefully, not the UAE if he's planning to live with you in Dubai.

Edited by Jojo92122
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14 minutes ago, Jojo92122 said:

Here are the potential problems that I see.

 

Your COS could be denied.  Your intention is to use the B2 status to live in the US with your husband and child; not to visit the US.  You have already demonstrated immigrant intent based on the I-130 your husband filed.  It's difficult to see how you would be visiting the US when it appears you want to be living in the US.  With a denial, you will have violated the terms of your TN status.

 

Your husband must maintain ties to the US even with a Re-Entry Permit.  Will he be able to do this?

 

Will your husband be able to meet the financial requirements of the I-864 Affidavit of Support when it's time for your visa interview?

 

What country did your husband get asylum from?  Hopefully, not the UAE if he's planning to live with you in Dubai.

I will not take the risk and apply for COS, I'll just depart the US and wait until my husband's I-131 gets approved. We will most likely end up buying a small house to maintain ties to US. I doubt my husband will meet financial affidavit with his current financial situation, but most likely we will have a joint sponsor. Would they consider our savings if it exceed $70,000 for example?

 

Can he file I-131 and do the fingerprint, then visit me in Canada or Dubai until his I-131 gets approved?

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Filed: K-1 Visa Country: Wales
Timeline
2 hours ago, Aya Zeitouny said:

 

Because job opportunities for me and him are much higher than Canada.

So you both want to move there?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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1 hour ago, Boiler said:

So you both want to move there?

 

1 hour ago, Boiler said:

So you both want to move there?

 

1 hour ago, Boiler said:

So you both want to move there?

Yes! That's our plan if I loose my job. We have friends and family there, and it's easy to find a job with good pay. Once my visa number becomes current, then we will come back and live here for good. Any suggestions is welcome :)

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Filed: Other Timeline

Buying a house is not as easy as it seems if you intend to obtain a mortgage.

 

Absences over a year definitely require a reentry permit.

 

However, with your husband an asylee, there will likely be the question as to why he applied for asylum in the US when he could have gone to live and work in Dubai without a problem.

 

I suggest a consultation with an attorney specializing in these types of cases given the current concerns about fraudulent asylum claims.

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