mam521

Have you already applied? What is your timeline for return to the US?

Check out the rip off pricing for an EV. The freeloading Kid1 has a little grocery getter i3 EV and it's ridiculous!

I do, too, but security is the name of the game. Of the European Schengen countries, 29 of them no longer stamp and they join other countries like Australia and Singapore who stopped a while ago. We didn't get stamped in the UK 2 summers ago, either. All biometrics.

Not when you needed an expedited passport, so you wait over half a day to submit your application and then wait half a day for them to print it, only to realize they spelled your name wrong and they have to reprint it so you wait another 3 hours. Yeah, I was supposed to get the large book but couldn't spend yet another 3 hours. I'm not worried about it anymore because actually stamping passports is becoming increasingly antiquated. More and more places are going to digital verification and e-gates.

That would work. But the issue will become the Affidavit of Support. Has he been filing his US income tax? Do you guys have a co-sponsor already?

Food for thought - I know you don't want to be separated (none of us do), but your petitioner will have to prove intent to establish domicile anyway. If the job offer is lucrative enough, it might be worth it for your partner to take the job, register a US income, and set up house for you to arrive to, irrespective of whether an expedite is accepted or not. It could potentially make other parts of the journey easier.

Food for thought - you will go into AP (everyone does) and that could take no time at all or it could take a lot of time. Intending immigrants are advised NOT to make plans for landing until they have the physical passport in hand with the affixed visa. The typical issue is work authorization, which you will have, so a non-issue there. Internally, that comes down to politics and what currency you want to get paid in. It really shouldn't take HR that long to get you sorted in the system.

Are you guys going to meet both the physical presence and continuous residency requirements? Just want to make sure you don't waste your money applying if you don't meet the requirements, or you plan accordingly and possibly adjust plans so as to meet the requirements.

Yes, the question/concern is you refuse to fill out your timeline and refuse to indicate what your current status is (or, perhaps, isn't) in the US. Agree with @appleblossom - this isn't a DIY response to the RFE. @Boiler has already provided insight as to why it's not a DIY and why a lawyer is in your best interest.

@Sixt please fill out your timeline https://www.visajourney.com/timeline/profile.php?id=484116

My mom has worked in a nursing home for many, many years and she'd said the same - he was too "puffy" she said. A bit prophetic that he passed after the celebration of the death and resurrection of Christ. It will be interesting to see how long it takes for a new pontiff to be named. Pope Francis diversified the number of cardinals to include more representation from Asian countries.

Not quite saying the same thing. A petition is filed to USCIS who determines if the beneficiary meets the requirements; it's approved and sent to DOS. DOS interviews and verifies information is correct and true and then issues a visa. CBP determines admissibility - they ensure that the person attempting to enter the US has either a visa, permanent resident status or are a citizen, aren't bringing weapons and aren't a terrorist threat. CBP determine class of admission based on information provided by DOS in the case of people who require visas and verifying those documents aren't counterfeit. They should not be changing the class of admittance because they are there to enforce the law based on the information presented. Have you ever heard of a CBP officer changing a non-immigrant visa to an immigrant class? Nope, because it's not within their jurisdiction of the law. There may well be some anecdotal cases of CBP admitting a CR-1 as an IR-1, but more often than not, CBP are going to go with what the DOS issued visa says. They can enforce what is in front of them. If the visa says CR-1, that's what they should admit on. If CBP believe a permanent resident is in violation of the terms and conditions of their permanent residency, CBP may request the PR surrender their greencard, detain and/or issue a NTA, but they cannot take that PR away. Only an immigration judge can remove one's permanent resident status. CBP screw up all the time, too. I've been incorrectly statused by CBP. I was admitted as a visitor, despite having a valid L-1. I had to find a deferred inspection site to get my I-94 fixed. USCIS sent an CR-2 statused GC for Kid2. I had to send an I-90 to get it changed to an IR-2. Even funnier is they sent a notification to hubs to remember to remove conditions, despite having already issued the IR-2 greencard. So, clearly no communication. No government agency scores a perfect 100. Too many communication silos and points of failure. Top of the list though, seems to be the SSA. Their own staff haven't read the application form for a SSN where it states a MRIV is proof of status. Many believe they need an actual greencard in hand to issue said SSN.

I spoke with the CBP agent and requested to be statused as an IR-1. I was told straight up it is not their determination. It falls to what is printed on the visa issued by DoS and the rest comes down to USCIS. CBP will enforce what has been previously determined and that's as far as it goes. CBP do not make changes to immigrant visa types; they enforce laws including immigration and drug laws and secure borders at POE's, but it's USCIS who adjudicate the petitions and determine the type and eligibility of immigration status.

8 years doesn't matter. Refused is refused. Best to just declare and prevent any confusion.

At time of interview and issued visa were CR-1. We entered 1 day after our 2nd wedding anniversary and received greencards as IR-1's. CBP has nothing to do with determining what status you enter on - they follow orders, verify your documents and send you on your way. USCIS issues the greencards, verifying status. If you do enter after your 2nd anniversary and you get a CR greencard, you file an I-90 to have it changed. It was me and my 2 kids that entered, and 2 out of the 3 of us had the correct status; one did not and that I-90 filing fixed it. Pretty rare and unusual that a CBP officer would allow your spouse to enter as a visitor. I've only ever heard it happening like once and it was a Canadian who used to travel regularly by land to visit their spouse, so they essentially had a well established rapport with the border crossing agents. In today's climate, yeah, not happening I'd say.

The other advantage, in your case, with a CR1 is you'd not only be able to travel to visit him while your case is pending, but once your case was complete, you'd enter the US as a greencard holder, which means you can also travel back to Canada at your leisure AND you can work straight away. So no restrictions on getting your SSN, no restrictions on getting your license, no full and complete dependency on your spouse. It's likely a bigger deal than you even realize, especially because you're used to commuting to visit one another. If you enter the US before your 2 year anniversary, you'll still have to remove conditions. Or, if your visa is issued close to that 2 year mark and you can hold out crossing until even 1 day after your 2 year anniversary, you'll get an unrestricted, 10 year greencard. Regardless, CR-1 requires less fees to be paid to USCIS than a K-1.

That just makes me feel so ill...there's a special place for people who abuse animals and kiddos...

@Single-spite, @samq26, @Panda_, please help the community out and help yourselves with more precise answers by filling out your timelines.

I know you're asking about a license, but is there a particular reason you're applying for a K1? Have you considered going the spousal route of a CR1?

I naturalized in 2023 and had to show my certificate and then received the new card, same number. @OldUser I think you naturalized more recently. What steps did you take? @MTGentleman glad to hear you stood your ground and got it sorted! I wish more people would admit they don't know and ask someone who does...the SSA guy could have saved egg on his face if he'd just have spoken to a supervisor!

If you were handed a DS-5535 in March, it would be REALLY surprising to see it come through the system that quickly. All DS-5535's go through a central adjudication center and aren't handled locally, as I understand it. Not to be a negative Nelly, but rather to be realistic, if you look at the spreadsheet, I don't think anyone has gone less than 3 months for a decision in essentially forever. It's more like 6mo+. There will be other factors for consideration too. Things like what is your educational background (TAL or not)? Where have you traveled to in the past and what was your purpose there? What is your family heritage? Do you have a common name? Fingers crossed it goes quickly for you.

At least citizenship is easy, relatively speaking!

Were you actually issued and submitted a DS-5535 or are you in regular AP?

Our greencards took over 170 days. I did send an inquiry because it was ridiculous. Then, one of them was statused incorrectly. The online account isn't useless...it does let you see if the card has been printed and mailed. It serves for sending traceable inquiries. It also serves as the place to file future petitions. It's definitely useless when it comes to estimating timelines. It is handy, though, if you have access, especially in cases like this where someone has no idea if their card has even been printed. It's unfortunate that they weren't granted an access code.

I think I've filled all the USCIS forms, of which there have been many, the same way @Edward and Jaycel did. Multiple petitions, no issues. If you're really worried, convert it all into inches.