IR-1/CR-1 Montreal DQ'd private message group goes public CONTINUED

[mam521 2,062]

1 minute ago, Tofu said:

Thanks @mam521 and @Hawk Riders 1&2!

 

Unfortunately no ITIN yet.

 

I can get on my spouses insurance, however I have a job lined up starting June 1 where I am eligible under their insurance plan - so was hoping for something short term! 

Compare the plans, if you have the information.  Unlike Canada, it is absolutely not worth it to have coverage from each other's plans due to the way the deductibles work.  If your lovely wife's plan is good, then you'll be fine and can always change benefits during your reenrolment period (often in Nov for the next calendar year).  Unless your wife's plan has some silly caveat about a penalty if a spouse can be covered under their own plan, it shouldn't be too big of an issue.  

 

As Hawkriders mentioned, marriage is a life changing event and insurance should allow you to be added.  It's just easier if you have an ITIN or SSN, but definitely not impossible.  

 

If you want something short term, I'm not too sure.  I know there are health insurance brokers out there who will shop for your needs on Marketplace.  That might be a route worth checking? 

[Hawk Riders 814]

6 minutes ago, Tofu said:

I can get on my spouses insurance, however I have a job lined up starting June 1 where I am eligible under their insurance plan - so was hoping for something short term! 

With a marketplace plan, the plan ends when you stop paying the premium--no big deal. The marketplace is designed for people not eligible for ins through employment...

  

Just now, mam521 said:

  I know there are health insurance brokers...

skip that; people can navigate the marketplace themselves without an upcharge.

Edited May 6, 2021 by Hawk Riders

[mam521 2,062]

4 minutes ago, Hawk Riders said:

skip that; people can navigate the marketplace themselves without an upcharge.

The problem is the companies spam call for 100 years after you've already made a selection and moved on!

 

[Kai G. Llewellyn 837]

54 minutes ago, aaron2020 said:

If the USC parent can't prove 5 years physical presence in the US and the CRBA is denied, then the parent has to file an I-130.  

Laws don't have to make sense.  Pregnancy is not a reason to expedite a case.  

 

You may wish for another way, but the reality is that there isn't.

I would think if it came down to the fact that a US Citizen and a LPR had a minor child with no US status overseas and no family outside the US to care for that child, that'd be a good basis for a USCIS expedite at least? I know USCIS have a much lower bar for the expedites than MTL do.

 

Montreal....who knows. Yeah, the process sucks. I genuinely think this whole business of entering with intent to adjust is fraud law is pretty bs. At the end of the day, if you're working to get lawful status, it shouldn't really matter but here we are. I know with Canada, you can absolutely enter Canada with the intent to do an inland family class application, the downsides being that the process is slower and you have to minimize your time outside of Canada otherwise the application dies.

 

Ah just another aspect where US Immigration law is in sore need of reform. More adjustment applications would get around the issues of getting additional Consular Staff accredited to the foreign post. It's a lot easier to hire USCIS caseworkers than putting Consular Officers into Canada or elsewhere.

Edited May 6, 2021 by Kai (CanadaDude)

[aaron2020 11,651]

1 minute ago, Kai (CanadaDude) said:

I would think if it came down to the fact that a LPR had a minor child with no US status overseas and no family outside the US to care for that child, that'd be a good basis for a USCIS expedite at least? I know USCIS have a much lower bar for the expedites than MTL do.

 

Montreal....who knows. Yeah, the process sucks. I genuinely think this whole business of entering with intent to adjust is fraud law is pretty bs. At the end of the day, if you're working to get lawful status, it shouldn't really matter but here we are. I know with Canada, you can absolutely enter Canada with the intent to do an inland family class application, the downsides being that the process is slower and you have to minimize your time outside of Canada otherwise the application dies.

Immigration is a choice.  

Why would there be a minor child living outside the US with no one to care for the child?  

[Kai G. Llewellyn 837]

9 minutes ago, aaron2020 said:

Immigration is a choice.  

Why would there be a minor child living outside the US with no one to care for the child?  

Oh please. I'm talking about the hypothetical situation of a minor child outside the US who can't get a CRBA. One parent is about to be or is a LPR and the other is a US Citizen, so by law they'd have to go through with I-130 and Consular Processing. If the LPR stays outside of the US too long to care for that child, then they lose that status or have to plead their case with an IJ. It's a ridiculous situation. Even more so because it's caused by the Consulate failing to process the family's case in a timely manner.

 

Immigration is a choice, but the reason that these family unification visas exist in most if not all countries is per the UDHR which guarantees a right to family life. It being a choice also doesn't mean that the process has to suck. I imagine we will all be planning to apply for US Citizenship in the future, and when I do, I'll be pressing for my elected representatives to fix this broken process.

 

A child having their parents during their very early formative years is essential to their upbringing as well as a US citizen being separated from their infant, if that's not an urgent humanitarian reason to not have a USCIS expedite, I don't know what is.

Edited May 6, 2021 by Kai (CanadaDude)

[aaron2020 11,651]

4 minutes ago, Kai (CanadaDude) said:

Oh please. I'm talking about the hypothetical situation of a minor child outside the US who can't get a CRBA. One parent is about to be or is a LPR and the other is a US Citizen, so by law they'd have to go through with I-130 and Consular Processing. If the LPR stays outside of the US too long to care for that child, then they lose that status or have to plead their case with an IJ. It's a ridiculous situation.

 

Immigration is a choice, but the reason that these family unification visas exist in most if not all countries is per the UDHR which guarantees a right to family life. It being a choice also doesn't mean that the process doesn't have to suck. I imagine we will all be planning to apply for US Citizenship in the future, and when I do, I'll be pressing for my elected representatives to fix this broken process.

 

A child having their parents during their very early formative years is essential to their upbringing as well as a US citizen being separated from their infant, if that's not an urgent humanitarian reason to not have a USCIS expedite, I don't know what is.

An LPR mother who gives birth abroad can bring the baby to the US on her first trip back.  

An LPR can get a Re-Entry Permit to stay outside the US for up to two years.  It can be renewed for another 2 years.  

 

Edited May 6, 2021 by aaron2020

[Kai G. Llewellyn 837]

1 minute ago, aaron2020 said:

An LPR mother who gives birth abroad can bring the baby to the US on her first trip back.  

 

But not if the mother has been issued a IV and has yet to activate it, right?

[aaron2020 11,651]

Just now, Kai (CanadaDude) said:

But not if the mother has been issued a IV and has yet to activate it, right?

Then the USC father has to file an I-130 for a child who is ineligible for a CRBA and is not a US citizen.  They can request an expedite, but it's not a sure thing because the mother can delay her immigration to the US.  

[Mikeeastern 81]

1 hour ago, aaron2020 said:

Then the USC father has to file an I-130 for a child who is ineligible for a CRBA and is not a US citizen.  They can request an expedite, but it's not a sure thing because the mother can delay her immigration to the US.  

What happens if that same couple has yet another child while waiting for the petition for the first child. That's a never ending loop. There has to be a workaround process. 

[aaron2020 11,651]

Just now, Mikeeastern said:

What happens if that same couple has yet another child while waiting for the petition for the first child. That's a never ending loop. There has to be a workaround process. 

They should plan better.  There are ways to prevent pregnancy.  

You bend to what US immigration demands.   US immigration does not bend to what you demand.

[Mikeeastern 81]

2 minutes ago, aaron2020 said:

They should plan better.  There are ways to prevent pregnancy.  

You bend to what US immigration demands.   US immigration does not bend to what you demand.

That is not an acceptable answer. Ever. 

[aaron2020 11,651]

3 minutes ago, Mikeeastern said:

That is not an acceptable answer. Ever. 

Too bad.  So sad. 

That's the way it is.  

Edited May 6, 2021 by aaron2020

[DGF 730]

1 hour ago, aaron2020 said:

Then the USC father has to file an I-130 for a child who is ineligible for a CRBA and is not a US citizen.  They can request an expedite, but it's not a sure thing because the mother can delay her immigration to the US.  

I would be really surprised if USCIS and the NVC wouldn't grant expedites in this situation (the actual interview without being grouped with a parent is a different story). Even Montreal will technically "expedite" parents or minor children when they schedule their interview dates for the same time despite often having different DQ dates. This part of the immigration system isn't really in the business of separating minor children from their parents. 

Edited May 6, 2021 by DGF

[aaron2020 11,651]

13 minutes ago, DGF said:

I would be really surprised if USCIS and the NVC wouldn't grant expedites in this situation (the actual interview without being grouped with a parent is a different story). Even Montreal will technically "expedite" parents or minor children when they schedule their interview dates for the same time despite often having different DQ dates. This part of the immigration system isn't really in the business of separating minor children from their parents. 

People can ask for expedites, but they should not expect it.  That's the central lesson.

In these cases, the US is not forcing the separation of minor children and their parents.  The parents should understand the laws concerning derivative beneficiaries and US citizenship.  They can delay their own immigration so their kids are not separated from them.  No one is forcing the parent to immigrate and leave minor children behind.  That's a choice the parent makes. 

It takes 12-18 months for a US citizen to petition a spouse.  It takes 9 months to make a baby.  When the USC husband petitions for his foreign wife, the law does not allow for derivative beneficiaries.  In most cases, a CRBA and US passport is available to the baby.  In the USC father knows that he doesn't meet the qualification to pass on US citizenship, then maybe he should plan better.  Maybe he should take precaution not to get his wife pregnant during her wait for a visa.

The law is the law is the law.  Plan accordingly.  The law will not change for you.  You need to help yourself by planning appropriately.