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EM_Vandaveer

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Everything posted by EM_Vandaveer

  1. EM_Vandaveer
    Indeed. Very messed up and immoral but not technically illegal...
  2. EM_Vandaveer
    They can't file following a proxy/online wedding until they physically meet first.
  3. EM_Vandaveer
    A lawyer can't speed up AP.
  4. EM_Vandaveer
    NoA you'd have received from USCIS, the first one when you filed, the second one when the I-129F was approved.
  5. EM_Vandaveer
    Obviously trying to AOS on a tourist visa with preconceived intent is fraud, far be it from me to encourage that. I simply meant, no harm in trying to get a tourist visa because IF successful at least she could visit you. No one can force you to file for AOS while she's visiting you. Some time physically spent together may help clarify if the marriage has a future...
  6. EM_Vandaveer
    Perfectly legal to try and get a B2 if she just wants to visit you on it & return to Canada after her visit...
  7. EM_Vandaveer
    Why isn't it possible? Is it such a rare language you cannot find an interpreter? You should look into it, it may be possible to find someone...
  8. EM_Vandaveer
    1) A spouse of a GC holder cannot adjust from a VWP entry (only a spouse of a USC can). 2) F2A is NOT current, so your spouse couldn't adjust even if the entry was on a visa - as a spouse of a GC holder, overstay is NOT forgiven & they'd have to be in legal status when PD becomes current & adjustment becomes possible.
  9. EM_Vandaveer
    If you want to risk visa denial, then go ahead. It'd make so much more sense to get LEGALLY married ASAP & file for a spousal visa, while waiting for that you can plan your big party/celebration at leisure...
  10. EM_Vandaveer
    You still have a few years to wait for PD to become current.
  11. EM_Vandaveer
    I'd try again & explain WHY you need the documentation.
  12. EM_Vandaveer
    You definitely need to disclose the arrest & charge, expungement is meaningless to USCIS or when it comes to immigration. As the charge was dismissed it won't cause a problem. Nevertheless it has to be disclosed on the N-400 & some kind of documentation relating to it HAS to be produced. (As a last resort an affidavit about your recollection of it & detailing your unsuccessful attempts to obtain documents from the police/courts about it.)
  13. EM_Vandaveer
    As for Pakistani exit control, as stated earlier you can have them fly to another country like UAE or Qatar, then board a plane to the US. I'm not sure what "Do I need to backup with an immigration in case of issue at port of entry?" means. As LPRs they cannot be denied entry IF they never signed I-407s. They may be asked to sign I-407s at POE. If so they need to politely refuse (they cannot be legally forced to do so).
  14. EM_Vandaveer
    It sounds like on the I-130 it was indicated in error that your father is applying for adjustment of status within the US rather than an immigrant visa therefore USCIS retained the I-130. Filing the I-824 makes the case move to NVC BUT it adds a year to the process. A process that shouldn't have been started in the first place, not without trying to enter the US first. How can an immigrant visa petition be filed for a Legal Permanent Resident? There should be some safe guards against that IMHO. Plus your mother's case.... Never re-started... Quite a mess, honestly. If your parents never filed I-407 then they need to take their valid GCs and travel to the US.
  15. EM_Vandaveer
    To the main question: yes, your mother needs her own I-130 but why this & the SB-1 applications are being done before them trying to enter on valid GCs is beyond me...
  16. EM_Vandaveer
    They applied for SB-1 visas and were denied? That was a mistake if they had valid GCs...
  17. EM_Vandaveer
    Well, yes, since he crossed the border...
  18. EM_Vandaveer
    When they say "travel history" they mean international travel. Otherwise, technically going to work & back home would have to be included...
  19. EM_Vandaveer
    Wow. A 2-second google search says otherwise: https://help.cbp.gov/s/article/Article1703?language=en_US#:~:text=Your child is not required,two years of birth%2C and
  20. EM_Vandaveer
    Yes, very strange. I cannot get my head around the fact that 3(!) immigration lawyers told OP this was perfectly fine. In 5 minutes of googling I found 3 links from lawyers' offices' websites explaining how it was OK to file AOS from VWP but only without such an intent on entry. I myself did this! (I was completely in the dark about immigration processes which in that case was to my advantage, when I entered I thought I'd leave at the end of 90 days, not realizing at the time that as a spouse of a USC I couldn't just come back easily.)
  21. EM_Vandaveer
    THIS! It's just like concurrent filing after entering with that intent except extra steps & time...
  22. EM_Vandaveer
    Health insurance for her will be expensive.
  23. EM_Vandaveer
    No. Married in Egypt = married worldwide.
  24. EM_Vandaveer
    Do not try to get an SB-1. Get on a plane ASAP.
  25. EM_Vandaveer
    Not an immigration issue. I'm going to state the obvious: Don't drink & drive.
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