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SalishSea

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Everything posted by SalishSea

  1. Just to clarify- you can absolutely marry whilst visiting on ESTA. It confers no immigration benefit as such, and you will have to leave before the allotted 90 days. If you come to think you might want to stay, it is illegal to enter with the intent to try to adjust status. You would need to return home to wait out the visa process. In any event, if you eventually do want to live in the US permanently, the CR-1 route is the way to go for a green card, by far.
  2. There are no derivatives allowed for immediate relatives. She will have to come first, and petition her children.
  3. What is the purpose of doing a K-1? That doesn’t make sense, if you have no plans for a green card. You can marry on an ESTA, and then return to Australia to live. Green cards are for living in the US. Also please note that you can’t work remotely in the US without work authorization, regardless of whether the income is “from the States” or not.
  4. Petition processing time is currently 15.5 months. You’re still within normal processing time. The Texas lockbox where you sent it is simply an intake facility. I-129f petitions are adjudicated in California.
  5. Post-Covid, consulates have generally been automatically extending the validity of approved petitions. You can formally request they do that (in writing), but it would probably just be for your own peace of mind, as they should do it regardless.
  6. I would guess she will get the entry period needed to do that. Really doesn’t sound like she plans to overstay, and having a return ticket with a concrete plan for a family vacation is very sound planning.
  7. He was told all of this in previous threads. He went ahead and did it anyway. SMH.
  8. Without solid documentation that the step-parent relationship was established before you turned 18, I'm afraid you're out of luck.
  9. Submitting numerous expedite requests after they have declined your request is futile, and it just wastes their time.
  10. Huh? I don’t think you’re getting many of the critical parts to this. Your wife cannot enter the US with the intention to adjust. You need to petition her for an immigrant visa. I-485 will not be part of the process.
  11. Right, that is why I specified work visa.
  12. There is no path to a work visa/green card with just a high school diploma. Like the other have said, get your degree and then begin looking for US employers who are willing to sponsor you.
  13. They didn’t send any bank statements, obviously that is the reason for the RFE. Commingling of finances/evidence of shared marital expenses is a basic expectation for ROC.
  14. That explains why you got the RFE. If you won’t provide them with adequate info to evaluate whether you have a bonafide marriage, they will not be able to make a decision in your favor.
  15. You can adjust status if you don’t mind not being able to work or travel back to the IS if you leave, for up to one year. Green cards are taking even longer.
  16. Why have you waited so long to do the AOS?? Do you realize he’s out of status?
  17. I would not. USCIS is within their rights to outright deny incomplete “placeholder” petitions.
  18. Agree with the others, this is not a smart plan. You will effectively (at that moment) have NO current income with which to support an immigrant. Even if you do not get a denial, it could substantially delay things, if they issue a 221g. Look up the public charge inadmissibility for more info. And like everyone else is saying: NEVER lie to USCIS/DOS/CBP etc. It is just not worth it. We have seen people have immigration benefits (even up to and including naturalization) removed for lies that catch up to them years later.
  19. I think this could be true, but its possibly quite consulate-specific. There are certain consulates we hear about that expect the petitioner to be present in-country, even if they are not allowed inside during the interview.
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