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Carlo Daristotile

H4 Visas for Direct Family of US Citizens

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Filed: IR-1/CR-1 Visa Country: Brazil
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Let's put a petition together to change immigration laws, for direct family of US citizens.
There is no reason for US Citizens to wait such a long time for direct family to enter the USA, while foreigners on H1-B do not have to wait a long time for direct family to enter the USA.
 
Foreigners
Foreigners are coming in the USA with H1-B visas for work and H-4 visas for there wife's and children, with barely any waiting time for their direct families to enter the USA.
And while they are here in the USA, cozy with there family, they can file for a Green Card.
They were not born in the USA nor they have a US Citizenship, and never paid taxes to uncle Sam.
Everybody foreigner that enters the US with H1-B and H-4 visa apply for green card while here in the US. I know since I work with many foreigners.
There families are not separated cause of a transfer to the USA.
 
Me US Citizen
Me on the other hand. Born and raised in the US. Paid taxes for over 20 years to uncle Sam.
My Brazilian wife and kids cannot enter the US with H-4 visa, and apply for a Green Card, while here in the US with me, just like all foreigners are doing.
Me and wife and kids have been married for 8 years in Brazil, but the last 2 years and 3 months separated since I transferred back to the USA, cause of current US immigration laws.
My family is forced to wait in Brazil, for 2 years and 3 months now(still waiting), since I transferred here. I have a Master's Degree in Math (advanced degree) and I am a Software Developer.
And only God knows when there Green Card will be done, and they can enter the USA.
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Filed: Other Country: Germany
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Wow.Really!!!!!!!!!!!! Where did you get this info that people who work on H1 Visas don't pay taxes????? Also, they can't file for Green Card on their own until their employer sponsors one. The wait time is 12-15 years and in some cases more than that.

 

 

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H-class visas are not immigrant visas, hence why it doesn’t take as long to obtain, once qualified. They also go through fewer checks.

 

They can only apply for a green card in limited circumstances. Many do not (despite the claim that they all do). Try are bound by their employer. There’s plenty of conditions involved, but overall they do get to stay and work in the US. That is their reason for being here. Their family is permitted to come, if they qualify. They do pay taxes. Almost every one of them (non-derivative H-class visa holders) is employed and contributing to the system. They often don’t qualify for an immigrant visa or AOS, and if they do, the waiting period is very long.

 

Why has your processs taken so long? Why are you separated? You are permitted to stay with them during the processing. You just need to establish US domicile or show sufficient intent to establish US domicile for the I-864.

 

Obviously I would not support such a petition.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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21 minutes ago, Carlo Daristotile said:
Let's put a petition together to change immigration laws, for direct family of US citizens.
There is no reason for US Citizens to wait such a long time for direct family to enter the USA, while foreigners on H1-B do not have to wait a long time for direct family to enter the USA.
 
Foreigners
Foreigners are coming in the USA with H1-B visas for work and H-4 visas for there wife's and children, with barely any waiting time for their direct families to enter the USA.
And while they are here in the USA, cozy with there family, they can file for a Green Card.
They were not born in the USA nor they have a US Citizenship, and never paid taxes to uncle Sam.
Everybody foreigner that enters the US with H1-B and H-4 visa apply for green card while here in the US. I know since I work with many foreigners.
There families are not separated cause of a transfer to the USA.
 
Me US Citizen
Me on the other hand. Born and raised in the US. Paid taxes for over 20 years to uncle Sam.
My Brazilian wife and kids cannot enter the US with H-4 visa, and apply for a Green Card, while here in the US with me, just like all foreigners are doing.
Me and wife and kids have been married for 8 years in Brazil, but the last 2 years and 3 months separated since I transferred back to the USA, cause of current US immigration laws.
My family is forced to wait in Brazil, for 2 years and 3 months now(still waiting), since I transferred here. I have a Master's Degree in Math (advanced degree) and I am a Software Developer.
And only God knows when there Green Card will be done, and they can enter the USA.

- There is also barely any waiting time for tourist visas. Should we petition the government to put every B2 visa through a year long AP?

- No they don't. Depends on their employer and other requirements.

- Lol ok? Of course they pay taxes. Also - do you know how many US citizen DONT pay taxes? A lot.

- Not everyone.

- You don't have to be separated either. Move to your spouse in Brazil, or visit often.

 

- Congrats on paying taxes. You're doing a right thing!

- Your Brazilian wife and kids should be happy that they even HAVE an opportunity to move in to the US to be with you. Not everyone have US family that can sponsor them.

- I mean, your education have absolutely nothing to do with your spouse immigration process. Not sure why you pointed that out.

- It's done when it's done. You're not the first to wait.

 

 

I understand that being separated it's hard and you're being bitter, but this petition would be so pointless.

Work visa applicants go through much more scrutiny to be able to - temporarily - work in the US. Many of them don't have a chance to apply for a green card at all.

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline
5 minutes ago, geowrian said:

H-class visas are not immigrant visas, hence why it doesn’t take as long to obtain, once qualified. They also go through fewer checks.

 

They can only apply for a green card in limited circumstances. Many do not (despite the claim that they all do). Try are bound by their employer. There’s plenty of conditions involved, but overall they do get to stay and work in the US. That is their reason for being here. Their family is permitted to come, if they qualify. They do pay taxes. Almost every one of them (non-derivative H-class visa holders) is employed and contributing to the system. They often don’t qualify for an immigrant visa or AOS, and if they do, the waiting period is very long.

 

Why has your processs taken so long? Why are you separated? You are permitted to stay with them during the processing. You just need to establish US domicile or show sufficient intent to establish US domicile for the I-864.

 

Obviously I would not support such a petition.

 

I personally know many Brazilian families that came here on H1-B visa and H-4 Visa with General Motors, and 90% percent of them applied for Green Card while here together with their families. Even if some the wait for immigrant visa is long, they are not separated from their families. And that's the whole point, they are with their families in the US, regardless of the time it takes, regardless of it is immigrant or non immigrant visa, regardless of the get approved or not for green card.

 

Why has your process taken so long? Administrative Processing since the interview in January 2018, and they approved it, but still no deadline what so ever. Can be another year for all I know, and the lawyer and State Senator can give me no time lime.

Why are you separated? I have to work. I am in the USA working. My wife and kids are not allowed to enter, until they get their passports back from the US Consulate with the Visa.

You are permitted to stay with them during the processing. Yes, if I quit my job in the USA and go back to Brazil. Dumb way for your family to starve.

You just need to establish US domicile or show sufficient intent to establish US domicile for the I-864. I already established that prior to the interviews.

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Filed: Citizen (apr) Country: Taiwan
Timeline

The long waiting time is due to the number of family-based cases in the pipeline ahead of you.....In your particular case, it seems there must have been another reason for 2+ years apart.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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44 minutes ago, Carlo Daristotile said:
Let's put a petition together to change immigration laws, for direct family of US citizens.
There is no reason for US Citizens to wait such a long time for direct family to enter the USA, while foreigners on H1-B do not have to wait a long time for direct family to enter the USA. You have to understand that work visas are not just handed out to anyone like napkins at a BBQ picnic. Work visas are some of the most difficult visas to obtain. There are many who do not even qualify for them. And for those that do, they have to find a company to sponsor them and possibly wait in queue for the company to start the process. And they must maintain their employment while they are here. If they lose their jobs, they have like 30 days to leave the US. Family based immigration is not like that.
 
Foreigners
Foreigners are coming in the USA with H1-B visas for work and H-4 visas for there wife's and children, with barely any waiting time for their direct families to enter the USA. The reason for that is because the requirements are different from work based visas to family based visas. Work based visas can sometimes be only temporary and not always intent for permanent immigration.
And while they are here in the USA, cozy with there family, they can file for a Green Card. Yet they still have requirements they have to abide by before they can apply.
They were not born in the USA nor they have a US Citizenship, and never paid taxes to uncle Sam. This is 100% not true, at ALL! 
Everybody foreigner that enters the US with H1-B and H-4 visa apply for green card while here in the US. I know since I work with many foreigners.
There families are not separated cause of a transfer to the USA. Not all foreign workers here are given permanent residence.
 
Me US Citizen
Me on the other hand. Born and raised in the US. Paid taxes for over 20 years to uncle Sam.
My Brazilian wife and kids cannot enter the US with H-4 visa, and apply for a Green Card, while here in the US with me, just like all foreigners are doing. That is not how H-4 visas work. Companies don't just give out those types of visas simply because. You have to qualify for them. What you are wanting for your wife is for her to get work authorization. That is completely different.
Me and wife and kids have been married for 8 years in Brazil, but the last 2 years and 3 months separated since I transferred back to the USA, cause of current US immigration laws. Not current. these laws and policies have been around for years. Even 8 years ago.
My family is forced to wait in Brazil, for 2 years and 3 months now(still waiting), since I transferred here. I have a Master's Degree in Math (advanced degree) and I am a Software Developer.
And only God knows when there Green Card will be done, and they can enter the USA. If your family can get tourist visas, they are more than welcome to visit the US while waiting on the process. Thousands of people visit. In fact, there is an ongoing thread on VJ of people doing it.

See my response above in red.

 

This happens a lot where someone does not have a clear understanding of the different types of visas. The above mixes benefits from different visas into the same argument. H1-B and H4 visas have different requirements than family based immigrant visas. 

Edited by NuestraUnion

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Filed: Citizen (apr) Country: Ecuador
Timeline

Thread is moved from the Polls forum to General Immigration Discussion.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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