manyfudge

@zozomike, have you thought of hiring a lawyer? Something is off and you are too close to thread situation to see this. Consult with Hacking law or whoever to file the new i130 with you.

Is the wife a HK/PRC citizen? Unclear.

@Mike E, also follow him on Reddit. Got addicted to immigration fora because of him. @mindthegap, would like to take him? her? out for a boozy dinner sometime if in NYC or UK. @Family, cheers everyone one. @Jeanne Adil wins a medal for persistence. @pushbrk should just help everyone with i864.

This is what happens on every Hackinglaw episode.

The main concern is probably the child. But that's ok, because F3 was filed in 2001, and the priority date was current a long time ago. Thus, the F3 derivative is safe and locked in. Supposedly i130 can be kept alive a long time, some lawyer on reddit, u/thelexuslawyer, claims he/she has kept a petition alive for 10+ years. The petition they want to put on hold is F3, because it is unclear if it works. The other issue is the age of the child in the Philippines. If say, 10, then IR5 is the way to go. if not

As I understand it, spouse 1 is an F3 beneficiary with spouse and child as derivatives. Already current for a while and just waiting for interview. The F3 sponsor has died but they got humanitarian reinstatement. Spouse 1 and 2 are also being sponsored by USC daughter. Date is current and in line for interview. My suggestion would be to have spouse 2 pursue the IR5 interview. That will test the hypothesis that all is forgiven. Spouse 2 immigrates and files for spouse 1 and child as backup. If spouse 2 gets a visa, chances are good that spouse 1 and child will get IV after their interview.

Did he put it in writing? It’s good but you really do not know what is going to happen until you go for your interview. The CO has the power to deny you anyway and force you to file a waiver. I would split you and your spouse. Who is the F3 main beneficiary? That person should stay behind. Keep that person’s IR5 alive. The other one should proceed with the interview and immigrate to the US. File F2A for your spouse and child as another backup.

No doubt. But it would be interesting to see how what % of Nigerian i130 spousal cases follow that mold.

You filed and got i601 approved? Usually this is done AFTER the interview. There is an alternate strategy. The parent who is NOT the F3 beneficiary enters the US on IR2 visa. Files i130 for daughter F2A as backup. The parent who is F3 stays behind to wait for F3 interview.

I’m cynical about Nigerian GC cases now. Just about every Hackinglaw episode has a Nigerian get an F1 or B1/2 visa while married. Arrive in US divorced. Then marry USC. Divorce. Lather, rinse, repeat.

You don’t need a visa to marry in the U.S. Marry on your ESTA, return home and start the process.

E.g., how would this guy get an EB3 sponsor? https://reddit.com/r/immigration/s/eJ7mjfpb5D There are EB3 agencies - would be good to know if some are reputable https://reddit.com/r/USCIS/s/Q1Z6brUNAT https://reddit.com/r/immigration/s/Y2zS8zeRvA

Right. Another reason why many employers do not do sponsor green cards. Once here, green card holder is free to quit. We sponsor our employees who ask to be sponsored, if they have good reviews. It’s more of a retention tool - because we know they can quit day 1 of job. If we don’t sponsor them (when the market is good), then we lose them for the next 2+ years. @Mike E, funny to read your posts because I hadn’t read them before posting. What you said. 100%. My first one out of uni, was through personal connections. @Kate8kate0, just to make it simple - how did you find an employer to sponsor EB3? 1) Was it through internet search? 2) was your sponsor an agency? 3) if your sponsor was an agency, did you pay them anything? 4) if agency, are you able to say what industry? Car manufacturer, for example? I know that nurses often get green cards through agencies.

It’s not about the official description because the official USCIS description states ”skilled worker, professional, or other worker.” I am just curious. On Reddit, there are many people desirous of immigrating to the US who say they are not skilled university trained professionals but a standard response is that it is “impossible” to find an EB3 sponsor for jobs such as factory worker, butcher, day care worker, etc. The reason being that prospective employers have to perform the PERM process which includes placing ads in the paper for a period of time. Then hiring a lawyer and waiting. And economics. The costs of recruiting such a worker would be easily 20% of the wages and make it uneconomical. As opposed to sponsoring a highly paid professional. Even with uni-trained professionals, most employers would not sponsor someone who had not worked for them before. Our company (by that I mean I am a co-founder) has sponsored EB3 professionals only because they are already employed by us - typically on an H1B visa (have to have some post HS diploma or degree) or employed abroad by us. It is economically worthwhile because they are typically paid well over $100,000 and if we had to replace someone, it would cost $15,000 with a recruiter. Moreover, it would cost a loss in productivity as the new employee has to learn the business. For all these reasons, we are happy to pay the $5000+ cost of sponsoring an EB2/3 worker. And there is no wait either as this person already an employee. We would not do this for someone not already working for us because we could not wait 2+ years. So I didn’t think it was so unusual to ask you if you were already employed by your sponsor in the UK or Canada. I am very sincere in my desire to understand if there is a niche industry that sponsors EB3 factory workers because I could then honestly say that there are a few industries that would sponsor factory workers. I suggested “personal connections” because I can visualize a situation where I started a widget factory in America and the only widget machine operators I knew were my friends or acquaintances back home. I would then sponsor them with EB3 visas.

She should stay until she has the biometrics. Was your EB3 sponsor a former employer in the UK or Canada or did you find them through an agency? Or a personal connection? It is rare to hear of an EB3 beneficiary describe herself as a “factory worker”?

People are always asking how to find EB3 employers w/o a uni degree. Was it someone who had employed you in the UK or Canada? Or an agency?

@Kate8kate0, what was the job that qualified you for EB3?

So what I said is not open to you. Never mind. So she doesn’t need to have Canadian wages to be deposited to US account, 1) she needs to report worldwide income on her US tax return which she must files as a resident. 2) she also files Canadian taxes. 3) likely she won’t owe. There is credit for foreign taxes paid. 4) filing US tax return is to show ties if EVER asked by CBP at border. I think that is rare.

@Kate8kate0, @appleblossom, @Mike E - what about this strategy. Obviously check with your lawyer. There is no statutory period limit for your daughter to join you as long as she remains under 21 and unmarried. https://fam.state.gov/fam/09FAM/09FAM050201.html#M502_1_1_D There is no statutory period during which the following-to-join applicant must apply for a visa and seek admission into the United States. However, if the principal has died or lost status, or the relationship between the principal and derivative has been terminated, there is no longer a basis to following to join. As an example, a person would no longer qualify as a child following to join upon reaching the age of 21 years (unless they qualify for the benefits of the Child Status Protection Act, see 9 FAM 502.1-1(D)below) or by entering a marriage. Therefore, as long as she stays under 21, she might be able to file follow to join again with a Canadian consulate. How old is she?

Nope. I am a dual Canadian/US citizen. As long as she remains a Canadian LPR, she gets the low tuition. They (Canadians) don’t care about the parents’ residencies either. Or where she files taxes.

Yes. Medical schools outside the US (except for Carribean for profits) are much cheaper. As an LPR foreign medical graduate, I believe you can compete on the same basis for US medical residencies as US graduates. Without the big tuitions.

On the other hand, if is only in 2nd year, then it’s almost zero sunk cost. Make her transfer. A lot of kids stay to finish medical school, etc. Depends on her major too

Why do they need to rely on 204(l) benefits? Isn’t that in addition to the widow/er i130 to i360 benefits? The slide show was a bit skimpy. https://www.ilrc.org/sites/default/files/resources/08-21_remedies_for_loss_of_family_due_to_covid.pdf There is relief for the spouse and unmarried children under 21 SEPARATE from 204(l) which requires one beneficiary to be in the US.

@Mike E can give you the rules. If she enters 2nd last week of December and returns April, that is less than 6 months. I truly cannot see that as an issue given that people often have to go back and forth - generally 6 months is not a big deal. Would be good if she got a summer job here and filed a tax return. She has to commit all summer to staying for the re-entry permit biometrics.

Yes, @Mike E is giving you the zero risk approach. There are plenty of people anecdotally on Reddit who finish their degrees and return without a re-entry permit. You are talking 2 months outside? Canadian unis typically finish end of April.