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appleblossom

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Everything posted by appleblossom

  1. appleblossom
    Yep, another vote for previously refused.
  2. appleblossom

    RFE - NIW

    appleblossom replied to Sixt's topic in Work Visas

    Yep, this is one for your lawyer. If you don’t have a lawyer then that would explain why your case is weak - so get one asap! There are many visa apps that I think can be done without a lawyer, EB1/EB2 are not among them. We used Fragomen for ours and would recommend them.
  3. appleblossom
    They won’t be being mailed GC’s as presumably you haven’t paid the GC fee. They already are citizens if they meet the criteria, you don’t need to do anything other than apply for their US passports. https://fam.state.gov/fam/08fam/08fam030110.html
  4. appleblossom
    When is your interview? Please fill in your timeline to pay it forward and help others. As Boiler said, that’s why you have to provide the I-864, that will give details of your petitioner's income/assets (and your joint sponsor if needed).
  5. appleblossom
    Please fill in your timeline! Thx.
  6. appleblossom
    Then just wait and see who will count as derivatives when their PD is current. ‘Under 15’ is too vague as they could be any age from 0-14, so there’s no way of knowing if they’ll be likely to age out or not. I’m guessing they will as they’ve probably still got at least 15 years to go, so it will probably just be the wife to add, but just wait and see.
  7. appleblossom
    And it doesn’t give you any kind of pop up or question mark to click on to clarify it? They normally have an explanation.
  8. appleblossom
    Thank you. That would be receipt date for your I-140. Goodluck.
  9. appleblossom
    Please complete your timeline, thx.
  10. appleblossom
    It is not permitted, but as @OldUser said, it’s not a bar to adjustment for those that meet the criteria. https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-6
  11. appleblossom
    Which consulate?
  12. appleblossom
    Agreed, and that’s why I wouldn’t leave it until January personally - you won’t have those ties until you do move. It’s not just time outside of the US that matters, it’s also being able to prove that you’ve made the US your permanent home, so somebody could be risking their LPR status after MUCH less than 6 months.
  13. appleblossom
    It’s a year, they update it regularly on their website. https://ca.usembassy.gov/immigrant-visa-process/ Good luck.
  14. appleblossom
    It is, because anybody can lose LPR status regardless of time spent in the US. It’s not just physical presence that matters, but also making it one's permanent home. So your parents will need to be able to prove they are only visiting their home country, and living in the US permanently, not the other way around. If they were to only spend 6 months of every year in the US, then at the very least you’d be opening them up to unpleasantness and a heck of a lot of questioning upon each entry, but could also be risking their status if they continued to do it longer term. It’s possible that once they are settled in the US, with their own home/car/friends/social life/hobbies/(jobs?), etc, and have grandchildren in the US, they’ll naturally want to spend more time there anyway. But I’d aim for 10 months in the US, 2 months out ideally so there’s no doubt where they consider home.
  15. appleblossom
    Yes, I realise that, and there’s a chance he’ll age out. Hence the question about how long the I-130 took to be approved - you can add that on to his age for CPSA purposes i.e. if the I-130 took 3 years (just as an example) then he can still get a visa up to his 24th birthday.
  16. appleblossom
    As @Crazy Cat said, different categories. You’re comparing a category for adult children aged 21+ to a category for minor children. F2B is the category for adult children of LPR’s, and that’s a similar wait to F1.
  17. appleblossom
    How long did their I-130 take to be approved? Hopefully a long time, so he may just qualify for a visa still once their PD is current.
  18. appleblossom
    You can lose it with less time than that, and keep it with more. The danger is that somebody who hasn’t moved yet won’t have the ties to show if questioned that others would have i.e. tax returns filed, property, car, job, etc.
  19. appleblossom
    I wouldn’t leave it until January personally. You’re expected to make the US your permanent home from the moment you land and become a green card holder, so a few months to finalise stuff in Canada and find somewhere to live would be ok, but not longer than that ideally - it’s not worth risking, particularly with the current administration. Just to confirm, you’re an EB2 NIW applicant, not ’normal’ EB2? And make sure you start building ties straight away with the US i.e. get your bank account, phone, health insurance, and a property asap.
  20. appleblossom
    Are you referring to a DCF application? Or just the financial requirements for a normal spousal app? If the former, then proof of a job offer where urgent relocation is required should be enough for the consulate to consider a DCF request.
  21. appleblossom
    Just checked and no idea which Visa Bulletin you’re looking at, but it’s not the April 2025 one. That’s here - https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2025/visa-bulletin-for-april-2025.html And the date is March 2016 for that category, so a little better, but it’s still only moved 2 years and 2 months in 5 years. So probably at least another decade to go, but just keep an eye on the Visa Bulletin each month to see how/if it’s progressing. Does she have any children that may be at risk of aging out?
  22. appleblossom
    Yes, that’s exactly it. Her Priority Date (date of receipt of application) must be before the date on the Visa Bulletin for her to be eligible for a visa. I’d assume more than 6 years though, as it’s not linear and tends to move more slowly. So for example, if you go back 5 years to April 2020, the date was January 2014, so it’s only moved 13 months in five years. Just bear in mind that If she gets married in the interim then she’ll move in to category F3, so it’ll take even longer.
  23. appleblossom
    As long as your mother married your stepfather before your 18th birthday then you’re considered his child for visa purposes. https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-8 No idea on the interview, sorry. Good luck.
  24. appleblossom
    I was just checking as it seems that previously you weren’t going to tell them as you thought your marriage didn’t count, which isn’t the case. So as long as you’ve submitted proper documentation to show the marriage has ended then that’s fine. And the same as you did - the fees, DS-260, civil docs etc. Presumably this is a new baby? The child referred to in the thread above is already on your application? When’s the interview?
  25. appleblossom
    Afraid you do have to tell them, you’re supposed to if you know you’ll be out of the UK for more than 3 months. Far better to tell them (as above, the threshold is higher so you shouldn’t have to pay anything straight away anyway) than risk the penalties if found out. Particularly if you’ve already submitted a P85 to HMRC so they know you’re no longer resident.
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