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SalishSea

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Everything posted by SalishSea

  1. So you arrived in December of 2023, but didn’t marry until 2024, correct? If you did not marry during the calendar year of 2023, you CANNOT file MFJ. Your spouse needs to file 2023 taxes as a single person.
  2. Please read the guides. And- always go to the source material, (in this case USCIS), and CAREFULLY read.
  3. OP, this is definitely not DIY territory. You need a good lawyer. I don’t think it’s wise to pursue naturalization until you sort out the 10 year GC, because the timeline makes it look like fraud, and USCIS will want to know why you sought a marriage-based GC when you were divorced.
  4. Are you sure it’s asking for the foreign fiancé’s criminal record? In all my years on VJ, I’ve never seen that during the petition phase. What is the wording in the RFE? It is very important to read it carefully and respond appropriately to what they’re requesting, otherwise they can just deny it.
  5. We did a K-1. My then-fiancé went to the SSA to apply for an SSN almost right after arriving in the U.S, and had his SS card long before the EAD or GC.
  6. You will bring the completed form (with all of the supporting documentation) from your fiancé to the interview.
  7. Get them directly from USCIS.gov, so that you get the most recent version. I also recommend downloading and printing the instructions/checklist that goes with it.
  8. There is no "harm." It will not be approved, so the OP will be out $185 or whatever the fee currently is. It will not impact future visa applications, but she will have to disclose the denial on any future application.
  9. Sorry to hear about your father. It is immigration fraud to enter the US with the intent to adjust status. You can update your mother's DS-260, and withdraw the one for your dad.
  10. Every admission to the US is subject to CBP inspection. In general, as long as you are using the B2 for trips of modest lengths of time, and spending more time outside of the US than inside, it won't be a problem. "Overstaying" would be if you stay beyond the allowed time given by CBP at entry. The date that you are allowed to stay until for any given visit is found on your I-94, an electronic record of admission to the US.
  11. You do not need details, IMHO. Knowing which year it was is good. It was a marriage-based spousal visa that you decided not to pursue at that time, so just explain that.
  12. Details on the behind the scenes workings of embassies and DOS are not made public, so there is no way to know.
  13. An attorney cannot work magic to get you to the front of the queue for a consulate interview, if that is what you mean. Also, you will get more specific feedback here if you indicate which visa you're waiting for. It may be one that is not available yet per the visa bulletin.
  14. It takes as long as it takes. It is one of the main reasons the K-1 is not a great option anymore, and has not been since around 2018. Looking at your post history, it appears you had some issues with providing properly completed forms and evidence. So the delay may be in part due to that.
  15. Just came here to try and figure out if it meant I was banned again 😅. Happening on my iPhone (Safari), but not Mac. Happened a month or so ago, but then spontaneously fixed itself.
  16. You need to look up info on using assets in lieu of income. Having a US bank account is completely irrelevant. Your wife will need establish domicile regardless. If you don't qualify on assets alone, you will need a joint sponsor, or she will need to return and get a job.
  17. Unfortunately, there is not going to be a way to avoid separation. And the domicile requirement for Montreal is very strict. You can always file the petition and then try to expedite at some point during the process. But plan on 18 months-2 years minimum. And in terms of bringing him over to “finish the process”- no, that is not allowed. Entering with the intent to adjust status is immigration fraud and could get him a permanent bar.
  18. Incorrect. There is NOTHING in the terms of a B visa that prohibits a visitor from marrying. They are prohibited from entering the US with intent to adjust status. Very different. As long as OP is truthful to CBP about the plan to return home and be properly petitioned for an immigrant visa, there is no problem with this plan.
  19. You cannot work remotely without an EAS. After filing for one (along with AOS), that can take months and months to arrive.
  20. Oh good! Didn’t want you to get scammed or end up with results they wouldn’t accept. Please keep us updated on how it goes.
  21. No. USCIS expects you to meet in a third country or your country to fulfill the requirement. Hopefully he has a plan for how he can afford to petition you and support you financially. You can try a third country. Btw, people in wheelchairs travel all the time.
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