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Everything posted by Chancy
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*** Moved from Bringing Family of USC forum to Embassy/Consulate Discussion ***
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You should apply for the waiver now, as the processing may take a long time. File the I-601 with USCIS and pay the filing fee. If approved, bring a copy of the approval notice when you go for your medical at SLEC.
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Just make sure you have the formal offer in writing, and the job offer has to be genuine, obviously. London seems quite generous in accepting DCF requests. Even if London doesn't accept, it won't ruin your husband's immigration to go through the normal process filing through USCIS.
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*** Moved from K3 Process & Procedures to IR1/CR1 Process & Procedures ***
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Marrying another foreigner after divorce
Chancy replied to edmc's topic in What Visa Do I Need - Family Based Immigration
*** Moved from General Immigration-Related Discussion to What Visa Do I Need -- OP has not filed yet, getting info on options *** -
*** Moved from ROC General Discussion to Working & Traveling During US Immigration -- OP's relative does not have a conditional GC ***
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GCs are either 2-year or 10-year. If USCIS even issues a corrected card to resolve your I-90 (unlikely), yours will be a 2-year (expired) card. Hopefully, the I-90 you filed nudged USCIS to process your I-751 and approve it without interview 🤞 But don't bet on it if you need to travel internationally soon. I agree with @Mike E's suggestion -- book an InfoPass appointment for an I-551 stamp before you return the plastic GC.
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Green Card Holders Outside America
Chancy replied to AhmadSYR's topic in Working & Traveling During US Immigration
*** Moved from Bringing Family of LPR forum to Working & Traveling During US Immigration *** -
Marrying another foreigner after divorce
Chancy replied to edmc's topic in What Visa Do I Need - Family Based Immigration
The substantial presence test relates to taxation, not immigration. It means he must file a US tax return if he stays in the US for too long, as defined by IRS here -- https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test Even if your bf stays less than 6 months in the US, if he stays for months at a time or visits too often, the CBP officer at the border may suspect that he is actually living in the US rather than just visiting. That could result in your bf being denied entry at the border. Or worse, the CBP officer might suspect that your bf is working illegally while in the US. Remember that he cannot work, not even remotely for a non-US company, while in the US as a tourist. It is perfectly legal for you and your bf to get married in the US if he returns to Canada soon after. I got married in the US while on a visit, then returned to my home country on the date in my original return ticket. The US government was fine with it, and now I have my green card. I'm not sure about the marriage requirements in Canada, but you could go there to marry (instead of marrying here), then file your petition to start the immigration process for your spouse. -
Marrying another foreigner after divorce
Chancy replied to edmc's topic in What Visa Do I Need - Family Based Immigration
The rules say 2 years between I-129F petitions. If you can't wait 2 years, you may submit a waiver request to allow you to file another petition. But that doesn't apply in your case as it has been more than 2 years since you filed the I-129F for your ex. So if you want to file a petition for your bf now, you may do so without needing a waiver. That said, if/when you feel ready to marry your bf, consider marrying and pursuing a spouse visa instead. Your bf has easy access to come visit anyway while waiting for the visa process to complete. The timeframe for K1 processing is much longer now than it was back in 2017, and for some lucky couples, CR1/IR1 spouse visa processing turned out to be even shorter. -
File the I-130 petition for your son now, so you can get in line. It will take around 8 years or so before your son can interview for an immigrant visa, assuming he remains single. In the meantime, your son can come for short visits. If he has the required qualifications, he may also consider getting TN work visa/status -- https://www.uscis.gov/working-in-the-united-states/temporary-workers/tn-nafta-professionals
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Difference medical inside vs outside the us
Chancy replied to n64kirby's topic in General Immigration-Related Discussion
*** Moved from Tourist Visas forum to General Immigration-Related Discussion *** The main difference is that those going through consular processing for a visa may only do their required medical through a consulate-accredited panel physician outside the US, while those going through AOS may only do the medical through a civil surgeon in the US. As for the difference in medical checks, the requirements are the same for all immigrants, regardless of their path to LPR status. As to the actual procedure for the required checks, DOS and USCIS leave it up to the panel physicians and civil surgeons, as long as they comply with the technical guidelines set by CDC. -
SLEC staff will not ask. They will tell you that you must be vaccinated to clear the medical. If you do not want to be vaccinated, you need to present your waiver approved by USCIS when you show up for your medical at SLEC.
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two questions on the 129-F
Chancy replied to EricMar's topic in K-1 Fiance(e) Visa Process & Procedures
If you mean the approved I-129F from 2016, that has long since expired. No action required from you to close that case. Just put the required details for items #43 to #47 in your new I-129F. Also, no waiver required, as it has been more than 2 years since the filing of your previous petition. -
Physical Green Card Destroyed
Chancy replied to bcrew13's topic in General Immigration-Related Discussion
*** Moved from IR1/CR1 Process & Procedures to General Immigration-Related Discussion, where topics related to GC replacement are discussed *** -
Peruvian President announces Dissolution of Congress
Chancy replied to DarkKiss's topic in Mexico, Latin & South America
*** Moved from Bringing Family of USC forum to the South America regional forum *** -
Name change after citizenship
Chancy replied to Tunisian_tunisia's topic in Middle East and North Africa
*** Moved from General Immigration-Related Discussion to the MENA regional forum -- topic is about requirement for entry into Tunisia *** -
NVC stage - NSO certified documents and PSA documents
Chancy replied to marriedtomrg's topic in Philippines
Don't risk it. Get your BC on PSA paper. Even though the PH government declared that BCs on NSO paper are equally valid as the PSA ones, the DOS Reciprocity page still states that the issuing authority for BCs must be PSA. NVC will expect the PSA seal on the scan of the BC. -
Petitioner's divorce decree(s) is in the NVC checklist for required civil documents, listed under "Petitioner Documents" here -- https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-5-collect-financial-evidence-and-other-supporting-documents/step-7-collect-civil-documents.html