appleblossom

When was the I-130 approved?

Yes, same process, they need their own petitions. But the 23 year old will be a longer wait as there isn't a visa available to them now, for them to be classed as an immediate relative you'd have needed to petition for them before they turned 21. Good luck.

More info is needed to tell you if you'll qualify under CPSA or not. What is the PD, and how long did it take for the I-130 to be approved?

Yes, you will apply to sponsor him from the US and he'll then move and be a Permanent Resident upon entry. And unlike the US, no income is required to sponsor a spouse (it is for other relatives though). Good luck.

1. You sponsor him - https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html#checklist. Just to clarify though, he wouldn't be applying for a 'marriage based citizenship', just Permanent Residency. And if you're sponsoring him from the US, he can't work (or move) until he gets PR. 3. He'll be eligible to apply for citizenship after living in Canada for 3 years as a PR. Citizenship currently takes around 15 months after application, but obviously that may well be different in 4 or 5 years when he's eligible to apply. HTH, good luck.

Thank you, that’s what I thought - depending on when the 19 year old turns 21, there’s a good chance the OP won’t have citizenship by his/her 21st birthday. So I’m glad the OP’s spouse will petition instead. 👍🏻

Only if she was honest though. If she hadn’t been convicted of anything then her police cert would have been clear, and so they’d only have known about it if she was honest when answering the question about any potential charges. And if she did something serious enough to warrant Interpol getting involved, and didn’t tell her spouse about it, I very much doubt she’d have ticked yes to that question on the form.

You asked above and s/he gave you the DQ date (April 2023 - PD wasn’t current until recently). Not sure on interview date though (@dolibash please update your timeline!). 😊

I'm not saying it's right (I gave a link saying that they shouldn't be doing that). I was just pointing out that whoever did the "10:1" calculation on FB didn't calculate it properly, it would be nowhere near that ratio. And yes, the 400 for F IV's in January would have included dependents too, whereas the 80 for spousal again doesn't seem to have been calculated that way. So they may well have been about even.

They shouldn't be prioritising family preference categories over spousal, the order for priority is quite clear - https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visas-news-archive/immigrant-visa-prioritization.html But those 1000 F category cases could well only be 300 or 400 principal applicants, when you include dependents in that - the person that's done the sums doesn't seem to have included spousal dependents so it's not really a fair comparison.

As you can see from the above, you've still got a lengthy wait ahead of you, and the 19 year old is at risk of aging out in to category F2B (which would add another 4 or 5 years to his/her wait) if their PD isn't current before they turn 21. Whereas if you were a citizen there's no waiting for their PD to become current on the Visa Bulletin at all, as they'd be classed as immediate relatives and would be in the queue for an interview now. The potential problem with you applying for citizenship is it may take too long - by the time you have it, your eldest could have aged out in to F1 category depending on when his/her birthday is (i.e. no longer an immediate relative). If you want to avoid the risk of that happening, the only thing to do is get your spouse to file for them asap. Pride and a sense of independence are great, but maybe other things need to take priority now you understand the deadlines you're up against and the potential wait. Unless I'm missing something and there's some way to keep the children as immediate relatives if you don't get citizenship until after the eldest is 21 - @Boiler??

You need to look at Table A on the Visa Bulletin, they are category F2A. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-january-2024.html As you can see, those with PD's of 1st Nov 2019 or earlier now have a visa number available to them. So just keep an eye on the Visa Bulletin and then when the PD for your country/category is later than your PD, that's when they'll be added to the queue for an interview and the file transferred to Manila. When will you be eligible to apply for naturalization?

No way of knowing until you arrive in the US and ask for permission to enter. But it's quite soon after your last visit, can your husband not visit you this time to avoid any risk of being refused entry?

Sounds like you're not sure of the process. If he doesn't qualify for DCF, then this is the process you'll follow, laid out step by step - https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html So as above, start by filling the I-130, then nothing to do but wait for that to be approved in about a year. Then it's on to step no. 2 on the link above. Good luck,.

As above, your DQ date isn't relevant - only your PD is. Please fill in your timeline so that people know the dates when you're asking questions, thx.

With the greatest of respect to the lecturer, I wouldn't trust what they're saying, it's just not their job to know about this kind of thing - surely the university has somebody relevant that you can talk to about this with some visa knowledge? You really need to find out what visa your OH will be on as a starting point, and they should be able to tell him that now. My daughter is doing a degree at a UK uni with a year abroad, she's already had info about visas for it and she doesn't even start the degree until Sept! She's a green card holder so nice and easy for her, but my point is that if the uni does exchanges/study abroad years then they must have info for you, I would ask somebody else rather than a lecturer. You can look on the USCIS website for info on visas, as you'll see from that you MUST be legally married to go as a dependent, the US simply doesn't recognise unmarried partners for the purposes of immigration. The only possible option that springs to mind is the B2 in lieu of H-1B, but that's quite a rare beast and you'll need to look up to see if you think you'd qualify for it. But again, if the uni is telling you that you can go with him, they must have a visa strategy in mind so I'd push harder and ask them for clarification. You can't be expected to wait until April, if he's starting in Sept that could be far too late to even get a visa for then. Good luck.

Here’s the official info on it - https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/immigrant-visas-processing-general-faqs.html#:~:text=When you naturalize and become,to the F1 visa category.)

We were there for about 2 hours but there were 4 of us. HTH.

You can do it without IL (I did - only had one possible week I could have the medical done so couldn't risk waiting and not getting a slot then), but just remember that your visa will only be valid for 6 months from the date of medical. So the earlier you have the medical done, the less time you have to enter the US.

There is a waiver for those with criminal records applying for a B visa, takes about 6-7 months via London (no idea on other consulates) so the OP will need to factor a potential lengthy wait in to their timescales and not book any travel. And of course, has to go to the interview first to be refused but recommended for a waiver. https://uk.usembassy.gov/visas/ineligibilities-and-waivers-2/ineligibilities-and-waivers/

That isn't really relevant. Every time you enter you are asked questions and if you lied on one of those entries (I'm not saying that you did, just that it's a possibility and would explain the fraud/misrep) then it doesn't matter if you were granted a visa years before. The immigration officer will have been able to see all details of your previous visa apps and entries when you tried to enter most recently. I would suggest you have a consultation with a good immigration lawyer, give them full details of everything that's happened and hopefully you can then work out for sure if you do have a ban, and if so, if you can apply for a waiver or not. Your Canadian passport is also not relevant if you do have a ban, the ban is still there regardless of your new citizenship. Good luck.

I wonder if that is the visa application that the fraud/misrep is in reference to - if (for example) you said on that visa app that you were wanting it to visit Disneyland for 2 weeks, but then actually used it to enter Canada illegally and claim refugee status, that could have been misrepresentation. So it may not be your Canada to US visa application that it means, it may be your previous application, just as a thought?

Hopefully ok then, they should have visas well before they turn 21, but personally I don't think I'd risk chasing to get the I-130 approved earlier just in case. Particularly as there's little point when no visa will be available to them for quite some time after it's approved anyway. Edit: just realised you say above you're a citizen? But also say F2A, can you clarify?

40 pages?!? I've been married for decades and have two kids, I still couldn't come close to that. 😂 I think if you do submit it, you need to seriously reduce it to a much smaller document, no officer is going to take the time to read that.

Basically an extended background check form. Can add a year or more to processing, more commonly given to people who are originally from certain countries (Iran, Pakistan, etc), but can be given to anyone.