
manyfudge
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Everything posted by manyfudge
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We are also 2 for 2 with same day international travel as oaths. My spouse and I had our oaths scheduled for the same day as long arranged vacation plans 8 years apart. We took our oaths and went up to the passport agency and got same day passports with print out of travel plans. Having of course (pre Covid) gone around to the passport agency and asked what exactly to say and do to skip the line.
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My memory is hazy as this was summer 2019 (1 year after a hellish wait at EWR which prompted me to apply for the entire family) 1) either that or Canadian passport (don’t remember) 2) we never got nexus (too lazy to set up interview) 3) 100% pre facial recognition Back to OP - I use my US passport to book airline tickets. Use my US passport at security checkpoints at US passport. I use my Canadian passport to enter Canada (no nexus) and use my U.S. passport to enter US (and at security checkpoints in Canadian airports when leaving). I also use my Canadian passport when there is a small advantage - some visas cost less for Canadians.
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This section is lifted from the regs. I read that to mean if a petition was approved March 1, 2023 and the priority date was current for March 2023 but the priority date subsequently retrogresses for the next 12 months that if there is “seek to acquire” action, that the CSPA age is locked as of March 2023. 9 FAM 502.1-1(D)(7) https://fam.state.gov/fam/09FAM/09FAM050201.html
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6 years actually. It was current earlier this year. 6 years of retrogress in 4 months Then, there is hope! b. If a visa availability date retrogresses before the visa had been available for one full year, any actions taken within one year of the visa becoming available and that satisfy the "sought to acquire" requirement (see 9 FAM 502.1-1(D)(6)) above will be sufficient to lock in the applicant’s CSPA age as of the first day the visa became available during this period. @Mike E, does this mean that OP has one year from March 2023 to fill out his DS260 and lock in CSPA age? @Zeeshan0321, pay attention.
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Nope, as long as his date has never once been current, there is no CSPA calculation and “seek to acquire” does not come into play. DQ is irrelevant. Filling out DS260 is irrelevant. @Demise, @SteveInBostonI130F2A has gone backwards. July 2023 - Sept, 2020 Aug 2023 - Oct, 2017 https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-august-2023.html Has retrogressed almost 3 years. @Zeeshan0321, has your father applied to naturalize?
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Same amount of time as wife petitioning husband.
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Canadian Looking to Make the Move
manyfudge replied to n8lol's topic in US Citizenship General Discussion
Note the “or” - any one of those documents. -
Canadian Looking to Make the Move
manyfudge replied to n8lol's topic in US Citizenship General Discussion
Me neither. I think OP fudged details a bit between the 2 fora. -
Canadian Looking to Make the Move
manyfudge replied to n8lol's topic in US Citizenship General Discussion
I think this is OP. They did for 1 kid, not others. -
Canadian Looking to Make the Move
manyfudge replied to n8lol's topic in US Citizenship General Discussion
I already replied you on Reddit. You can use her original C of Naturalization, copy of her passport. Explain that she is going in to renew passport if it’s the same day. Maybe she can come with you to your appt. I thought Reddit was unanimous on your claim to citizenship, but lawyers IRL said no. You should absolutely get them on written record saying you need i-130 and get your $ back. I would still report them to the state bar. -
So yes, you can choose to not have your family included, by picking neither consular or adjustment of status. why? Simple example - what if you were married to a U.S. citizen (but chose not to go the marriage route - happens) or have US born kids (common) - then you would not pick either types of processing for them. Another example - you acquire wife or child after i140 is filed but before you acquire your visa. I was just alluding to what another poster said of leaving them behind and sponsoring them once you are a PR.
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Just get married now on their next visit.
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With all due respect to @JeanneAdil, a work-based petition is something else entirely. Different from family-based petitions. When an employer sponsors a worker for green card, an i-140 petition is filled out. Here is the form. This is the same form used for a self-petitioned green card as well (EB2-NIW and EB1-A). https://www.uscis.gov/sites/default/files/document/forms/i-140.pdf The entire family MAY be listed here for free. Note that each member of the family may have consular processing OR adjustment of status picked. If the i-140 MAIN beneficiary is in the US, he can pick adjustment of status while the family can pick consular processing. This is beneficial to “insert” a delay for the family members. Montreal consulate is very slow and it can take almost 2 years before family members are processed. So the process itself can give the family time to finish school and do whatever they need to do. Each person in the petition has to pay i-485 fee (if in US) or DS260 fee. 485 - $1140, DS260 $325. Everyone needs a medical in all situations so I won’t bother mentioning this. Ok, say you didn’t put in your family members and you have an approved i-140. Once you have obtained green card approval, whether it is entering the U.S. on an immigrant visa OR i485 approval, you can apply for your spouse and children under 21 to follow. https://fam.state.gov/FAM/09FAM/09FAM050201.html The assumption is that they are abroad. If they are not abroad, they would have filed i-485 at the same time as you. Does not mean that they can come within the year. You file an i-824 for each derivative. $465. Maybe don’t have a child after green card is granted before family members can join, this then gets complicated. Then DS260s for each. i-140 petitions do not require i-824 affidavit of support unless your relative owns 5% or more of the business. Now I will move on to filing i-130 if for whatever reason you did not want your family moving within 3 years (i-824 can take a year and then crazy Montreal wait). I believe the saving of fees mentioned is due to LPRs needing only to file ONE i-130 for the family, as the spouse can have derivatives. $535. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-august-2023.html you would be waiting years, if not a decade in F2A category. Yes, there would be i-864 (affidavit of support required). I think it is not worth saving the multiple i-824s vs one i-130. If you really want a delay, just pick consular processing for your family. Another thing to consider is that consulates abroad can put your family into administrative processing and indefinite limbo. Personally, I would advise getting green cards all at once together. They can apply for reentry permits to finish school.
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No, there is not. Another advantage to immigrating together. Remember that there is time for them to finish school. He can go first and they can finish school and then move. Is he doing self-petition EB2 NIW?
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That costs money too.
- 25 replies
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I disagree. There is a HUGE F2A backlog. Could take years and years for them to reunite. EB2 and have the family follow him within the year. And the Montreal consulate is as slow as molases.
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His father is F1 and priority date was not current until very recently.
- 25 replies