Lil bear

Moved to Caribbean subforum for local info

You have still filed it, so it is counted

OP first post says they have a joint sponsor.

Honestly most of us are DIYers and suggest that if you are prepared to do deep research in the right places and read read read .. that you can do it yourself. The only point from your summary that is going to catch you out .. visa service , immigration lawyer or DIY.. is Montreals strict policy of requiring the USC to be physically resident in the US prior to the interview. This usually requires the USC moving to the US once the interview date is set, so they can provide documentation of their permanent presence in the US Drivers licence, voting card, phone bills, bank statements etc. Many lawyers and visa services wouldn’t be aware of this specific requirement of one particular consulate. She must file tax returns for at least the last 3 years or be able to explain why she did not need to file a US tax return.. eg zero income

You can withdraw it certainly. You must wait 2 years before filing a second I129f.. even it is for the same person.. And you cannot file more than 2 fiancé petitions You can however file subsequent petitions for a spouse if you have filed 2 previous fiance petitions. Withdrawing a petition does not stop it from counting as a filed petition

Affidavit of support fee for CR/IR visa .. not Adjustment of status. Acronyms can be confusing Context is always critical !

You forgot the Ds260 and AOS fees payable at the NVC stage for the Cr1 visa

Just checked. She needs to have SSN in hand. Cant get that until the EAD or GC are in hand This is one of the big drawbacks of doing AOS. 😓

Thank you. She can try with her passport, I797 and I94 that you can get online from cbp records. I haven’t looked if she also needs a ssn.. which she cannot get yet.. not how long the dl would be valid for. It would not be Real Drivers licence but that won’t be an issue at this point. May only be until the end of her allowed b visa stay on this entry. Plan B will be needed.. uber, taxi, neighbour, friend. Let us know how you go

Put a new question about DCF experiences on the Canada sub forum Do a search on vj timelines using Canada and DCF as key words. Look at threads that come up there Search the Montreal interview posts for any who used DCF PM vjers who went through this directly

So much of the answers to your question depend on info you havent given us The I797 is accepted under certain conditions only. We need a little more info on the current status in the US for the person who is wanting to get a NV drivers licence

US is unique in taxing its citizens and LPRs on worldwide income not just on income earned in the US. Canada only taxes Canadian income.

You both keep your USC status. You also both keep the amazing responsibility of filing with the IRS every year, declaring your income no matter where you live 🤣

Each consulate can choose to offer DCF… or not.. The USC needs to email them and outline your request… usually it’s because of an urgent need to relocate because of a firm job offer for the USC. But its not guaranteed that your request will be granted. You will end up interviewing in Montreal whether you go DCF or Consular processing.

Because the DOS regulation needs to be interpreted in light of the specifics of this case .. And this is outside the scope of the IO.. He refers it to legal, who make a ruling and notify the IO.. who then makes the final decision on the application

1. Not necessarily. They are looking for evidence of a bonafide relationship 2. yes 3. Given your situation, it may be more difficult to demonstrate strong ties to your home county once you have submitted the K1 application. But it all rests with the incoming cbp officer 6. Cant give what you don’t have. Evidence of time together is the strongest documentation 7. Not a random assignment .. done according to USCIS protocol … over which you have no control or knowledge until you receive your receipt for the application 8. photocopy of everything. Personal check if fine. Keep a copy of everything. Payment must accompany the application and all required documentation. This first stage of application is really the USC responsibility .. He should be doing his research and taking responsibility for the correctness and completeness of the application.. you can support him .. but he should get active on here too., you have a long journey ahead

You can’t push it. No waiver can be filed until after a denial… if that happens. The reason why this occurs at the interview and not before is because the IO is the one who holds the authority to adjudicate your application for an IV. No one else can. USCIS address the right of the US spouse to petition their foreign born spouse. NVC collect the documents and checks that they are signed etc but does not make any judgement on them. You can only wait at this stage. We all know this is hard

It is easier to get one when the names on passport I94 visa and ssn application are the same. Waiting can mean that the ssa check processes don’t come through in the limited time period for issuing a ssn on a K1.. which then means that you have to wait until by the EAD or GC. Its needed for bank, drivers licence etc

Not that it helps you now, but the guides and posts on bthis site give in depth step by step directions .. including on SSN, EAD and AP. Sorry.

On the I485 form. But as you have not completed the AOS process yet, you would still be without the SS number. This only requires the SSA to process a SSN application appropriately when the 485 is approved

Stand alone Employment Authorization EAD. and travel Authorization. AP. Optional but recommended to file at the same time as the AOS.. no fee when co filed.. they are processed much faster than AOS and allow you to work and leave the country and report if needed before the AOS is completed

Thx

I am assuming you are going B through the K1 process. Please fill out your timeline and info so we don’t need to assume times. Thx

System needs continuity. Do what it takes to keep it happy

Correct.