Mike E

If I-485 was filed after I-94 expired, then the period of unauthorized stay, while forgiven, remains on the record. This means that failure of I-485 is not an option if they ever want to enter the U.S. again. Non-immigrant visa extensions should be online and instantly denied or approved.

It is annoying. But it has been known since covid that the visa extension process was useless.

legally there should be no problem. By November 21, I would expect sub zero temperatures in Canada and a foot of snow. There is maybe 30 more days of good weather left in Canada this year. I remember one day in August a cold front moved in on a 70 degree day, and that next time it reached 60 was June. 240 days to be safe. 5 years. Each day they think they are eligible they can try: https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility to actually see.

5 * 365 / 2 = 913 days Assuming 2 leap years, it is 914 days. That is the required physical presence for a pair of married IR-5s to naturalize

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/financial-evidence-assistant.html.html Outcome Please submit an IRS tax transcriptfrom the most recent tax year, which can be processed more efficiently than a copy of a tax return. Alternatively, you may submit a complete copy of a filed tax return from the most recent tax year. In addition, please submit: Evidence of Income Proof of Domicile Proof of Assets you may choose to use Please refer to the Financial Evidence table for a detailed explanation for each item.

If their daughter is a U.S. citizen, the pending I-485s give them authorized presence.

1. The “when” is up to you, but NVC will not schedule an interview until there is enough evidence you plan yo have U.S. domicile. The “how”: * U.S. state ID / DL * U.S. bank account * U.S. mobile phone number * U.S. lease or deed on a home * U.S. job offer * U.S. car registration 2. No. Please share the USCIS link 3. If that works better for her, sure. 4. No 5. Yes. DoS prefers to see steadily increasing W-2 income. Capital gains from one off land sales will not be convincing. This strikes me as the most difficult joint sponsor I have seen. 6. Correct 1. Yes. No limit. Tell the truth. 2. There can be gaps and/or overlaps. Tell the truth.

Per https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html there is a 351 day wait time for B visa interview.

Getting married is one way to legitimate a child born out of wedlock. Acknowledging the child and agreeing to provide financial support to child is another. A third way depends on the laws the country where the child was born. https://www.uscis.gov/family/family-of-us-citizens/bringing-parents-to-live-in-the-united-states-as-permanent-residents Evidence that you were legitimated before your 18th birthday through the marriage of your natural parents, the laws of your state or country (of birth or residence), or the laws of your father’s state or country (of birth or residence) The link also says: father lives outside the United States and you were born out of wedlock and were not legitimated by your father before your 18th birthday, Form I-130 A copy of your birth certificate showing your name and your father's name A copy of your Certificate of Naturalization or Citizenship or U.S. passport if you were not born in the United States Evidence that an emotional or financial bond existed between you and your father before you were married or reached the age of 21, whichever came first

Where did I say the son became legitimated? The U.S. government has a universal standard for legitimation: and if that standard is not met, it will recognize legitimation according to the laws of country of birth. You or he are going to have to figure out if your son’s father legitimated his son.

If the father legitimated his son according to the laws of the country where the son was born, possible the son can successfully petition his father. If the son was legitimated before age 18, he can possibly petition his step parent.

1. Before he (the son) reached age 18, did his father in writing: A: acknowledge his son as his own B. agree to provide financial support to his son? 2. Did is his father marry his current spouse before he (the son) reached age 18?

Bring who? Your son or his father?

Incorrect. There are no derivatives in this case: each beneficiary gets their own I-130 so each gets their own I-864. Sometimes you do not know until after I-130 is approved. Why do you need it?

Inevitably she will be put in removal proceedings for spending too much time outside the U.S. Collecting social security abroad is harder if not a U.S. citizen

I know L-1Bs in software with only bachelor degrees. I agree, absent an L1 visa, a U.S. masters degree is the next best route. But I think going straight for H1-B or EB without an L1 first is an inferior plan.

I interpret differently from you. The civil penalties are significant if you: do not file, are wrong, and are caught. Whereas there is no downside to filing I-865.

Did she contribute to a Roth IRA that year? Does she live in a community property state? The plan to dissemble to the Department of State on her marital status, to make a more compelling I-864 is what?

USCIS assigned the A number during the I-130 process

1. Yes. Not sure what coming to US on “GC approved application means.” Assuming it means IR-5 visas, those visas were stamped on entry to U.S. Thus they will enter Canada on their stamped IR-5 visas, if they have IR-5s. 2. Exceeding 180 consecutive days of absence can elevate CBP’s suspicion of abandoning LPR status. Even without exceeding 180 days, spending more time outside the U.S. than inside will put their LPR status at risk 3. Unknown. We have seen people leave the U.S. for years, come back, and renew their GCs successfully 4. If they plan to spend more time out than in, never. Otherwise, 5 years.

Consensus was to file I-865, and I agree.

I-864 for each

These authorized stay vs lawful status issues were covered at length in

Get a job with a multinational plus L-1B, plus I-140 plus I-485 / IV 10 years U.S. needs too many nurses, U.S. education system cannot provide enough nurses, foreign nurses will not be satisfied with cap exempt H1-B, so EB-3 will be under historic pressure.