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SalishSea

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Everything posted by SalishSea

  1. She has no basis to adjust though. She will accrue an overstay, which is a bar to adjustment.
  2. The usc spouse needs to join VJ and research this process, as you don’t apply for anything until much later in the process.
  3. “I relied on legal counsel” will absolutely not cut it when it comes to misrepresentation and fraud with USCIS/Department of State. The petitioner/beneficiary is 100% responsible for the accuracy of the contents of their forms.
  4. Nope, green card is not for visiting. One has to wonder where these attorneys were unearthed from. Bad advice upon bad advice. OP, it’s unfortunate that you did not do some basic research years ago, particularly since this isn’t your first experience with US immigration. A word of advice if your wife does complete the interview: do not even think of misrepresenting your current plan to circumvent the issue of domicile. But will not end well, and could result in a permanent bar for your spouse.
  5. Generally not, unless you are a citizen or permanent resident of neighboring country. You can't "consulate shop." And unless it is a dire, life and death situation, you can't expedite because you don't like the wait time.
  6. Hopefully have not been working remotely while here. Getting married doesn’t solve the problem in and of itself - you’d still need a green card or work authorization to be able to legally work while present in the U.S.
  7. Yes, if it gets accepted by the lockbox, you can try to submit additional evidence directly to the California Service Center in Laguna Niguel, CA. We did this for a missing item. Make sure you write a very concise cover letter explaining that it was omitted from your petition, and requesting that the enclosed evidence of the USC petitioner’s citizenship be included in the file. Make sure that your letter contains ALL relevant info, starting with the receipt notice number (will be WACxxxxxxxx Something), and full names and DOBs of both petitioner and beneficiary. Good luck!
  8. They will (rightly) wonder how you can afford such long vacations. Hopefully you realize that you cannot work remotely while in the U.S.?
  9. Realistically, if you cannot afford to support yourself in Canada, how will you be able to in the U.S.? Do you realize that you won’t be eligible for disability here? How will you pay for health care? Will your fiance be able to add you to his employer-based health insurance? And yes, it could impact your eligibility for an immigrant visa (public charge). It’s evaluated. Asked on the totality of circumstances, and your ability to earn and contribute is part of that.
  10. So you’re planning to actually marry before your divorce is final?
  11. Make sure your friend is prepared to foot the bill for her mom's health insurance, which can still be hefty even if she is eligible for Medi-Cal.
  12. Yes, that was my point. The wife, who has the hardship, is not the USC
  13. Doubt it, as the hardship is not on behalf of a USC (wife). It’s free to try though.
  14. Next step is “issued.”
  15. "Engaged" is not a legal status, but depending on the consulate involved, it could attract scrutiny. You will not be able to file the petition until you have evidence of being free to marry (i.e. final decree of dissolution), for both petitioner and beneficiary.
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