Forum	Title	Content	Member	Sex	Country	Date/Time
US Citizenship General Discussion	Upcoming Interview... tips?!	Hello, I've been a lurker for a while and this is my first post. please forgive me if I am just beating an old nail on the head over and over again. My info: I am a GC since 97, but didn't technically fully move until 2003 since i was a minor at the time. - Went to University in the states 03-07 - where i worked all throughout and filed taxes with an US address (didn't make enough to pay taxes) - Then went to an off shore medical school from 08-10 (i would return for 2-3 weeks every 3.5-4 months) (continued to file taxes, BUT my parents had since returned to Canada and my father was filing them on my behalf from there, with a canadian address... after consulting a lawyer i had my taxes "re-filed" with an US address for the past 5 years) - Filed for citizenship January 2013, just received notice of my interview date for end of May (they requested i bring my drivers license) So i'm a bit nervous for my interview and trying to find out all the information I can on how to be successful. What documents should i bring (tax receipts, dmv records, university transcripts, etc.)? How far back should these documents go? What questions should i be prepared for? How should i dress? (i know its an interview but i don't want to over do it) Any other info would be greatly appreciated Thanks in advanced!	med1	Not Telling	0	2013-04-23 13:01:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Bringing Canadian wife to US... complicated	I suggest you take some time reading the guides, your comments and terminology are all over the place. Adjusting Status through Consular processing is a contradiction in terms. Certainly takes a lot lot longer than you suggest. I'm only going by what our friend and her lawyer that i have spoken told us - She was married to a USC Jan '13, she was in the country as a B1, she filed an AOS through consular processing, now she has her GC. It is possible i misunderstood and i will look into it. Thank you and everyone else so far !! I wanted to put this out there though, and was wondering if i'm totally off base: From what i've read on forums and the USCIS website it seems that it is possible to obtain a parole entry for a significant length of time (few months-year) Would these following laws allow us to file for an AOS after advanced parole entry is granted? Sec. 212.5 Parole of aliens into the United States. http://www.uscis.gov...-0-0-16404.html An alien who arrives at a port-of-entry and applies for parole into the United States for the sole purpose of seeking adjustment of status under section 245A of the Act, without benefit of advance authorization as described in paragraph ( F ) of this section shall be denied parole and detained for removal in accordance with the provisions of § 235.3(b) or © of this chapter. ( F ) Advance authorization. When parole is authorized for an alien who will travel to the United States without a visa, the alien shall be issued an appropriate document authorizing travel. (Amended effective 11/28/11; 76 FR 53764) (Redesignated as paragraph ( F ), previously paragraph (e) effective 1/29/01; 65 FR 82254) 245a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner 1aa/may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed. Edited by med1, 24 April 2013 - 02:54 PM.	med1	Not Telling	0	2013-04-24 14:53:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Bringing Canadian wife to US... complicated	What happens if you get a divorce? not sure, it may effect her in the future when trying to get LPR status. January last year? Jan 13 - she was actually on a B1 and did an adjustment of status through consular processing. She has a GC now. I was denied entry twice, Canadians do not receive any special treatment nor should you or your girlfriend expect any special treatment. Now that she has been deemed to have immigrant intent, it will be difficult for her to obtain any non-immigrant visa. I suggest you get married in Canada and file for the Cr-1 spousal visa, and upgrade when you become a citizen. good luck Why get married in Canada? I'm a LPR. I don't understand why i would apply for a CR-1 and upgrade? Isn't a CR-1 a visa... wouldn't i just apply for I-130 as an LPR, upgrade the status of it once i become a USC, then apply for a CR-1? any statements by you the usc, on behalf of her the foreign spouse, in an effort to obtain a non-immigrant visa is worthless hmmm... ok	med1	Not Telling	0	2013-04-24 12:12:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Bringing Canadian wife to US... complicated	oh no no i meant telling me that they don't care what we want - that is not useful advice. i'm well aware of the mistakes we made and that the law is paramount. everything else has been immensely helpful! well if she gains a residency position the hospital will file for either a J1 or H1-B on her behalf (this process would start in march of next year) i am not quite sure on the time of the CR-1, as our friend was married in January to a USC and her process is almost complete. the CR-1 has clear benefits of her instantly getting a GC. Edited by med1, 24 April 2013 - 12:43 AM.	med1	Not Telling	0	2013-04-24 00:41:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Bringing Canadian wife to US... complicated	thanks for the responses so far - YES i understand that noone cares about what we want or what we need, etc. ESPECIALLY now. although i appreciate everyones input it's really not useful advice. We are looking into any documentation or help that university can provide. And i'm not sure how you mean consular processing is not an option for canadians? from the info i can find, and based on the fact she just processed our friends application who is also a canadian the same way... did i miss something here? I'm not referring to DCF. So it seems the best route now, looking at the long term: - file I-130 - wait on my USC to clear - upgrade the status of the I-130 - have her apply for CR-1 (which involves going to montreal, etc) and for immediate entry: - just ask for parole each time - have evidence of ties to canada - gather info/documents/help from the school - letter stating i won't file for AOS for her	med1	Not Telling	0	2013-04-23 23:53:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Bringing Canadian wife to US... complicated	OK thanks guys for the responses, i'm trying to research as much as I can between studying... i also have a licensing exam coming up ! I think coming for exams and interviews will be allowed on a parole basis, but we will find out more info once she goes for her parole this week. I am not concerned about that, i am more concerned about her gaining a a GC (or at the very least a visa- J1 or H1B) for residency which would start in July of next year. Sitting out a year is not a practical option really as it would be completely detrimental to her career as a physician. So filing I-130 will get her in que from now, once i go from LPR to USC, i file to adjust/upgade (you're right, i misused AOS) it and this will bump her up in the que..? - but from what is in the UCIS guidlines : "The law gives special consideration to immediate relatives of U.S. citizens, which includes a U.S. citizen?s spouse, unmarried children under 21 years of age, and parents. ?There is no waiting list to immigrate these relatives. ?The U.S. Department of State will invite them to apply for an immigrant visa as soon as we approve your I-130 petition. ?If your petition has been approved, and your relatives are currently in the United States after making a legal entry (and they meet certain other requirements), they may be able to file applications with USCIS to adjust to permanent resident status." How is there no waiting list to immigrate these relatives if they are only invited to apply for an immigrant visa once the I-130 is approved? How would they make a legal entry? as a visitor? This is not possible in my situation now i assume and this is why you are telling me to write a letter saying i won't try an AOS... Consular processing is something the lawyer i just consulted has referred to as being the fastest process (she just did a friend of ours file, she is getting her GC i believe, it could be just a work permit, but in about 4 months total time) and the material in that link is directly copied from the UCIS website... but yes it is a bit confusing. Edited by med1, 23 April 2013 - 10:21 PM.	med1	Not Telling	0	2013-04-23 22:16:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Bringing Canadian wife to US... complicated	No DCF - you live in the US. DCF is not an option. You should file the I-130 now. You can update when you get your citizenship. Do a search for the procedures for that. The only issue is what the CBP recorded regarded the lie by omission - it is embassy staff that make the decisions regarding receiving immigrant visas, not CBP. Embassy staff will look at her file and make the decision, not CBP. sorry not DCF, i meant by consular processing as opposed to adjustment of status as it is faster. http://www.lexisnexi...pdfs/web549.pdf	med1	Not Telling	0	2013-04-23 21:25:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Bringing Canadian wife to US... complicated	First, I think you mean F1, not B1. A B1 visa is not a student visa. Secondly, she is Canadian. she lives just across the border and often some people take this for granted. Don't take offense when I tell you, being Canadian does not make her immune to US laws, nor does it make her special. She was being denied entry because you are her spouse, and because you could have filed for her GC once you became a USC. This alone give her immigrant intent. Not to mention she is in school and her "life" is in the US presently. You are supposed to bring proof of ties to Canada before entering. Your marriage does not alter the F1 (which is what I assume you mean), it can just alter her intent. You also admit that you effectively lied by omission to CBP. Did they ask you outright if you were married and you said no? Or did they ask relationship status and you said friend? If you lied in way this also looks badly on her. This increases her immigrant risk. To them, why would you lie about your marriage unless your plans were to enter and try and AOS later? I would file the I-130 now. It will put her in the queue. Then once your naturalise you can upgrade your petition to a citizenship petition. This will make it a lot quicker down the line (given the wait times at the moment). I would also seek paroled entry for exams, and offer to sign a form stating you will not attempt to file or her adjustment of status while in the US. It is a B1 - i know its odd, but that is what they are given to complete their clinical rotations in the US if they attended an offshore medical school. It was a lie by omission and when asked outright I answered truthfully with explanation as to why, as i said there was no point in continuing on this route. I understand that this would in their eyes increase her immigrant risk and we did not have any proof with us of her ties to Canada - which she has plenty ie. bank accounts, student loans, family, car... and even chance for future employment. Only thing linking her to the US, is myself. A form stating i won't change her status? Would the be something done as to show good faith in the immigration process or something of significance? I-130 - I was advised that filing now then doing an AOS once i become a citizen would not be looked favorably upon the application and may prolong it. Is there any truth to that? My plan of action now is to wait for my citizenship to go through, hopefully! once that is complete file I-130 then file for a CR-1 by Direct Consular Filing. Are these events a likely/logical sequence or am I missing something? Edited by med1, 23 April 2013 - 09:11 PM.	med1	Not Telling	0	2013-04-23 21:10:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Bringing Canadian wife to US... complicated	The CBP officer began to sympathize with us after his initial "ripping us a new one" (he was skeptical we would be allowed parole entry so soon after what happened, but he gave us his info and said he would be willing to vouche for her parole entry for her upcoming graduation) ... he also said that whatever happened will not be detrimental to her obtaining an immigrant visa and that as long as she has the proper documentation she will be allowed to enter into the US - now i don't know if that means if she has documentation that will support a B1 again, will that work or not. When she goes for her parole entry in the next few days, she is going to ask them any info about what is written in her file and about future visas. Edited by med1, 23 April 2013 - 08:58 PM.	med1	Not Telling	0	2013-04-23 20:57:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Bringing Canadian wife to US... complicated	She can freely enter the US now only with an approved visa. She no longer qualifies for visa waiver. Fortunately the issue of being turned away because of being suspected of being an intending immigrant will not prejudice her later application for an immigrant visa (that's what it's for after all) and probably won't prejudice an application for a nonimmigrant visa if she chooses to apply. She doesn't seem to qualify for an expedited visa based on the qualifications for expediting. Thank you for your response, i was wondering if you could clarify a few things for me. What visa(s) are you referring to? Do you think it would be possible for her to come back on a valid student/tourist visa B1 or similar? Immigrant visa as in a CR1 and/or I-130? non-immigrant visa as in a B1 or something similar? What are the qualifying criteria for an expediated visa?	med1	Not Telling	0	2013-04-23 20:11:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Bringing Canadian wife to US... complicated	visiting the states is a privilege not a right of passage.. the cbp always has the last say at the border. I hope someone here has an answer about the intent to immigrate issue and filing a cr-1. Lying about your relationship is a serious problem and it has now been documented.. might be time for one of those free consults with an immigration attourney I don't think it is a right (definitely not any sort of right of passage! lol) but as a Canadian it is a privilege that is freely enjoyed without many restrictions that other countries have and those are rights bound by laws/treaties, etc. The discretion of CBP is too broad and un-regulated. We are considering the lawyer route, but being heavily in student loan debt it's a bit of an issue... hence i've come here. Thank you for your comments and i too hope someone has some relevant information to aid me. Edited by med1, 23 April 2013 - 01:50 PM.	med1	Not Telling	0	2013-04-23 13:47:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Bringing Canadian wife to US... complicated	Hello, Wanted to find out any info/advice on bringing my wife from Canada Background: I am currently a GC holder, waiting on my citizenship to go through She is a Canadian citizen who studied in the US on a B1 for the past 2 years, we got married (court, didn't tell anyone not even our parents due to complicated family situation) last july in the US What happened? During a recent border crossing from Canada to the US we were detained for further inspection. She was granted a B1 visa for schooling which finished in March, but the visa was valid until august so that she could continue to study for her final exams which are end of July. We were not aware that getting married changes the B1 status nor that it mattered, upon questioning we did not admit to being married initially- We never did it to be subversive but out of habit to keep things simple. We did finally admit to being married after further questioning b/c what was the point really, the CBP weren't our parents and even if he was just trying to call our bluff i'm sure he could have found out for sure and not admitting it at this point would make this worse. Well he took away the B1 and was denied entry. Also, now she is not allowed to enter the US until the correct paperwork has been filed b/c she is labelled with "intent to immigrate" This does not make any sense to me as she is a Canadian citizen who doesn't need a visa in the first place just to visit, as canadians can stay in the US upto 6 months without any visas. This is troubling because we have commitments to school that are paramount to us being married, if she can't enter the country to take exams or go for interviews this could be detrimental to her career. She is told that her only option to enter the US is "paroled entry" which must be pre-approved for every visit now. She has been granted a 4 day parole to gather her stuff and return. How does this make sense being a Canadian citizen? She has student loans in Canada, she has her family in canada, etc. The only thing that is in the US is me. What can we do to have her be able to freely enter the US again? Our plan as of now is just to wait on my citizenship and then file for her GC or IR1/CR1 - not sure what will be the quickest/best route (she will need to be able to work in the US) But time is off the essence and she needs to be able to return by Oct/Nov of this year for interview season. Any info is greatly appreciated. Thanks! Edited by med1, 23 April 2013 - 01:26 PM.	med1	Not Telling	0	2013-04-23 13:20:00
IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports	HOW LONG DOES IT TAKE BEFORE USCIS GIVES APPROVAL ON I-130?	I'd advice you to submit the I-485 if you have the 797C (receipt for the I-130). I did that in my own situation and they accepted it and processed it immediately.  I initially sent I-130 and it was pending but when I had the money to file for the I-485 I sent the application along with the I-130 receipt and they processed my I-485 based on my receipt. Here is a break down of my application:   March 2013: filed I-130 Alone June 2013: File I-485, I-765, I-131 along with 797C (receipt of acceptance of I-130) September 2013: Conditional Green card received.   Hope this helps you...	Banky	Not Telling	Nigeria	2013-10-27 21:32:00