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SalishSea

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Everything posted by SalishSea

  1. Do you have an eligible joint sponsor? There is no way to know if they will still want a joint sponsor, just based on the info you've given. You will have to pay to refile. Include your tax transcripts, payslips and an employer letter which states your salary and employment status (full time/permanent etc). And yes, the receipt notice from a properly filed I-485 serves as evidence of authorized stay.
  2. Don't wait for an NTA. Refile immediately. The receipt notice will serve as evidence of authorized stay until the I485 is adjudicated.
  3. That isn't a thing. They can apply for tourist visas on their own. Their is no petition, sponsorship or anything of the type for tourist visas. Especially since they clearly do have immigrant intent as per the OP's previous thread.
  4. Some visa types allow child derivatives. The IR-2 (which is what your mom will get, does NOT). So your sibling needs a separate petition, and will have a separate visa category, regardless of his age. Sounds to me like the immigration lawyer didn’t have all of the pertinent info from you, you explained things poorly, or he’s just incompetent. This is basic family visas 101, no rocket science here. And it’s not “15-20 years processing time.” There will be nothing done with the petition during that time. The wait is for a visa number to become available, and the reason it takes so long is that billions of people also had that idea and are in the queue ahead of you. Petitioners die all the time, and in some cases there can be a humanitarian reinstatement. But this is why it will be a good idea, once your mom is an LPR, for you both to petition the brother.
  5. What’s even crazier, is that most countries do not even allow for sibling visas. At least the US does.
  6. Clearly this is not about ties to Canada. Vetting your CV/background is not standard to evaluate risk for overstay. If you are applying for a B-1 visa’s for the purpose of visiting, fabricating a “business” reason for a B-2 won’t do you any good.
  7. No one is disputing that you can petition your brother. The point you’re missing is that he will have to wait for a visa to be available, as that category is numerically limited, and the current wait time is up to 20 years, and even longer for some countries.
  8. Are you familiar with the visa bulletin? Because you seem woefully uninformed. Please do some research into these processes. Sibling visas are taking around 20 years.
  9. It does NOT mean you share a parent. If you’re going to tell people they need to be 100% sure of what they say, you’d do well to follow your own advice.
  10. Overall wait times for K-1 and CR-1 currently are not measurably different.
  11. No, you seem to be very confused about the process.
  12. If you overstayed the time allowed on your I-94, and were subsequently denied admission, I don’t see how you could possibly be readmitted without formally applying for a B visa at a U.S. consulate? Overstays are not treated differently for Canadians.
  13. You absolutely are not eligible for DCF (or regular consular processing for a CR-1 visa) without a legal marriage and a certified copy of the marriage certificate.
  14. Only US citizens may petition fiances for K-1 visas. And she can visit on a B-2, but she won’t be able to stay and adjust status. Not only is it fraud, but there is no visa available in that category even if she was already in the U.S. There is no way for you to circumvent the wait times. Did you not research any of this when you decided to pursue a green card???
  15. As has been mentioned in this thread, you will not receive work authorization or be able to return to Canada for up to 8 months if you stay to adjust status. I can't imagine that would be possible in your situation, with a GF who has no income. Most people cannot afford to not work for 8 months.
  16. Hmm, I don't think that is the case. For international adoptions, that is true, but this is your stepchild and a current court order/documentation of your husband having custody should be sufficient.
  17. No. Have the beneficiary bring additional evidence to the interview, but don’t be surprised if it is not taken into consideration.
  18. I think the USC should just move there. Yes, you could try for a CR-1, but it will be at a great cost of time and money.
  19. I think she means that if she went to the U.S. without her family, her husband would have to be the primary caregiver to the kids as well as working.
  20. I would try again for an expedite, using the “financial loss” reason, as it certainly applies in this situation, with a job offer at stake. In your request, you could mention the job timeline, and if he is the sole income earner for your family, state that as well.
  21. He’s not eligible for a K-4, it will be an IR-2. ”asap” doesn’t exist in the world of US immigration, so he should have realistic expectations of it taking a year or two. I can’t imagine that the mother would be required (or even allowed) to accompany him to an interview in the U.S. embassy. Your husband may want to fly down for it. Your stepson may be 18 by the time he gets to interview. K-2 FTJ is in effect for only one year.
  22. Sounds good! We only sent quarterly bank statements. We also sent quarterly joint bills, like utilities, phone, Internet etc.
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