appleblossom
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Everything posted by appleblossom
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7 months may not be enough to be 'safe' though. There is no set minimum time, if it's thought that you have abandoned your LPR status then you could be in trouble even with far less time out of the US. My eldest is a green card holder at university overseas and splits her time between the two, pretty much the same split as you're planning on doing. She is stopped on entry every time now, and taken in to secondary. The only reason she's not had an issue is that she can prove that her family is in the US, her only home is in the US, she only pays taxes in the US, she has a job in the US, and studying abroad is a permitted reason for absence. If you had another home outside the US and less ties then I think you'd be in trouble, particularly with the current administration who have definitely made it tougher. Basically, if you're not prepared to make the US your permanent home for 4 years or so (until your wife gets citizenship) with just occasional vacations outside it, then I'd stick to the B visa. Good luck.
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As it says, last updated 2nd May. It’s a new tool, they’ll probably only update it once a month or so.
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Advice on moving to the US as a solo entrepreneur
appleblossom replied to KYJAH's topic in Work Visas
Your own business isn’t going to work for a visa. Sorry to be blunt but that’s not special enough for an O-1, for an O1-A you have to prove that you have “a level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field of endeavor” with “national or international acclaim”. Any other business related visa would require you to hire US staff but it sounds like you’re a one man band? If it’s an online business I think you’d also struggle to prove you need to be in the US. But think of it as a long-term plan, maybe in 10 years you will have various outlets, and lots of staff working for you. Then a business related visa would be more feasible. And your other role is more promising. As @smilingstone said, look in to the possibility of an employment transfer. Also, whatever you do, don’t work for your own business when in the US! Getting caught working when you shouldn’t be could cause major issues down the line. Just enjoy your vacations and leave the laptop at home. Good luck. -
K1 Visa NVC Processing
appleblossom replied to dys2024's topic in K-1 Fiance(e) Visa Process & Procedures
**Thread moved to the K-1 Fiance(e) Visa Process & Procedures forum, where similar topics are discussed** -
Paris - NVC - duration
appleblossom replied to David54321's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
It’s going to be very tight. It will depend on how quickly he’s DQ’ed, and that’s really down to you. If you get everything done at the NVC quickly and he’s DQ’ed within a couple of weeks then he may get an IL in June, the actual interview may not be until August though and of course you then have to allow a couple of weeks to get the passport/visa back. And if he misses the June cut off for IL’s then his interview could well be after mid August. It may be worth asking for an expedite with evidence of his school enrolment. https://travel.state.gov/content/travel/en/us-visas/immigrate/nvc-timeframes.html https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/iv-wait-times.html -
Confused
appleblossom replied to coforever's topic in Bringing Family Members of US Citizens to America
You need to make sure it meets the requirements of the country specific document guidelines. https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Nigeria.html It would be better if you kept all of your questions related to the same application in one thread. -
Confused
appleblossom replied to coforever's topic in Bringing Family Members of US Citizens to America
OK, so you'd presumably say child then. Which question number? -
Confused
appleblossom replied to coforever's topic in Bringing Family Members of US Citizens to America
Well, that depends on who you're petitioning! If it's your child, and it's asking your relationship to him/her, then you'd say mother or father. -
Follow the instructions here once the I-130 has been filed - https://www.uscis.gov/forms/filing-guidance/expedite-requests As @OldUser said it's a long shot as it's usually only applicable to the USC's circumstances, I doubt an expedite will be granted but you can certainly try. If it is granted, don't forget you need to ask to expedite at each stage, asking USCIS only expedites the I-130 - so you'd need to ask NVC to expedite the visa stage etc too. Good luck.
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It’s NVC that issues the letters, not the consulate, but there’s no set time. You’re correct, IL’s are usually sent once a month, generally towards the end of the month but it can vary and be the beginning or middle of the month particularly around holiday times. My guess is you’ve missed the cut off for May but will get an IL in June - that is just a guess though. Please fill your timeline in when you have a spare few minutes, thanks. Good luck.
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Chat GPT is not the place to go to for immigration advice! Only use official sources. Yes, you need grounds to be given permission to file DCF, and only certain circumstances qualify. ChatGPT is correct as a job offer isn’t necessarily required, but what it doesn’t explain is that unless you come under one of the other circumstances, then a job offer (with a need for your wife to start urgently) would be your only option - "Examples of exceptional circumstances include: Military emergencies – A U.S. service member, who is abroad but who does not fall under the military blanket authorization for U.S. service members stationed abroad on military bases, becomes aware of a new deployment or transfer with little notice. This exception generally applies in cases where the U.S. service member is provided with exceptionally less notice than normally expected. Medical emergencies – A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel. Threats to personal safety – A petitioner or beneficiary is facing an imminent threat to personal safety. For example, a petitioner and beneficiary may have been forced to flee their country of residence due to civil strife or natural disaster and are in precarious circumstances in a different country outside of the United States. Close to aging out – A beneficiary is within a few months of aging out of eligibility. Petitioner has recently naturalized – A petitioner and family member(s) have traveled for the immigrant visa interview, but the petitioner has naturalized and the family member(s) requires a new petition based on the petitioner’s citizenship. Adoption of a child – A petitioner has adopted a child abroad and has an imminent need to depart the country. This type of case should only be considered if the petitioner has a full and final adoption decree on behalf of the child and the adoptive parent(s) has had legal custody of and jointly resided with the child for at least 2 years. Short notice of position relocation – A U.S. citizen petitioner, living and working abroad, has received a job offer in or reassignment to the United States with little notice for the required start date." https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3 If you want to move in 2026, then personally I’d just file the I-130 asap, as waiting to see if your wife will find a job offer that meets the criteria would be a risk. Best of luck.
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You can't enter the US as a visitor with the intent to stay, that's immigration fraud. She'll need the job offer to qualify for DCF, so not sure what you mean about changing method afterwards? It sounds like your wife will qualify financially, but she will need to regularise her tax affairs prior to petitioning you. As for when the AofS is required, the whole process for a 'normal' spousal immigrant visa is set out here - https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html If you do DCF, she'll need it all together at the start.
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Ah, ok. It was the I-130 bit we were missing! So you've had the I-130 approved? Who is petitioning you? And what status are you adjusting from (i.e. did you enter on a visitor visa, on an employment based visa, etc)? We don't need to see screenshots. If you've submitted everything for the I-120B then hopefully that will work.
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The comment was telling you it had already been moved to the AOS forum. The query is how you're applying for I-601, what status you're adjusting from, and what else you've filed along with the I-485? It just doesn't sound as though you're eligible for what you've filed for, so I suspect we're missing some vital info.
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Note that your other duplicate thread has been removed, please keep all info to this thread only and don't start new threads on the same subject. What status are you trying to adjust from? Your posts are rather confusing. What else have you filed with the I-485 i.e. I-130? Have you had an interview? What other fee payment did you include? Can you give us a complete timeline and when you sent when?
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Yes, they don't have to switch to F1 category, and in fact many choose not to as F2B is often quicker. They can 'opt out' of the conversion. https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/immigrant-visas-processing-general-faqs.html#ivp6 As long as you've informed NVC of your change of status then that's fine - I'd suggest they take proof that you did just in case. Good luck.
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Crossing border in MX
appleblossom replied to Macchab's topic in General Immigration-Related Discussion
So you have a green card, what's your citizenship? If you decide to apply for US citizenship then the onus will be on you to prove you've spent the requisite time in the US, not on USCIS to prove you haven't. -
Yep, we booked ours 6 or 7 weeks before our interview, but we only had one week window to have the medical done in, as our children were about to start their GCSE's and A Levels, so we had back to back exams for a couple of months! So we had no other option really. And we knew we'd be moving straight away, we moved 10 days after we had the visas delivered. So it worked for us but as you say, everybody needs to work out based on their own circumstances and see what works with their timings.
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Yes, Lagos is one of the consulates with a big backlog - have a look at the link I gave above, currently ~15 month wait for the IL.
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