Forum	Title	Content	Member	Sex	Country	Date/Time
Canada	Visting Canada on One Way Ticket	Hello all Husband with his 2 year green card returned from our home in the US to Alberta for a visit - then decided to stay as he was offered a job. He then bought me a one way ticket to join him. The plan is to stay with his family (keeping within the 6 month rule) and then return to US. I am now reading that i risk being denied entry with this one way ticket. If they question me and I say I'm going to visit family it will soon come out that my husband is there. I recently lost my job in US, so i can't show employment waiting here We have a joint bank account in US but there is precious little money in it. We live with my folks so I can't show a rental agreement. What should I do? Buy a 2nd one way ticket? Thanks Sorry I wasn't clear! I am a USC with a one way ticket to Canada.	barbsdesk	Male	Canada	2011-07-14 17:40:00
Canada	Visting Canada on One Way Ticket	Hello all Husband with his 2 year green card returned from our home in the US to Alberta for a visit - then decided to stay as he was offered a job. He then bought me a one way ticket to join him. The plan is to stay with his family (keeping within the 6 month rule) and then return to US. I am now reading that i risk being denied entry with this one way ticket. If they question me and I say I'm going to visit family it will soon come out that my husband is there. I recently lost my job in US, so i can't show employment waiting here We have a joint bank account in US but there is precious little money in it. We live with my folks so I can't show a rental agreement. What should I do? Buy a 2nd one way ticket? Thanks	barbsdesk	Male	Canada	2011-07-14 15:32:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Please advise return to Canada before filing I-130	Your son-in-law is allowed to remain in the US and apply to adjust status from non-immigrant visitor to permanent resident. While entering the US with the intention of marrying and staying in the US is illegal (visa fraud), entering the US then changing your mind due to changing circumstances so that you marry and now wish to remain in the US with your spouse is legal. What is important is the 'intent' upon entry. Your daughter will file the I-130 petition to petition for a family member. There are a number of attachments that are required to be submitted with this form so pay careful attention to the instructions and to the form itself to make sure you get everything. This advice applies to all USCIS forms, btw - read over the forms and read over the instructions very carefully. The fee for the I-130 is $355. Concurrently, your son-in-law will file an application to Adjust Status - also known as an AOS - with form I-485. Along with this form he is going to need to provide additional information. He needs to have an Immigration medical done by an authorized panel physician (a list of authorized physicians in each area is available at the USCIS website: http://www.uscis.gov ). He needs to have proof of his childhood vaccinations and may have to get additional vaccinations. Your daughter will have to provide an Affidavit of Support - I-864. Since she is so young it is unlikely she qualifies financially to sponsor her husband (needs to have an annual income at least 125% of the poverty level and provide proof) so she will need a co-sponsor. The co-sponsor has to provide the same documents as the sponsor and must make at least 125% of the poverty level for the size of their household (eg 4 people at home, then 4 + 1 = 5 people). Previous years tax returns, bank statements, etc. need to accompany this form. The fee for the I-485 is $1010. It can take anywhere from a few months to a few years for this form to be approved with most of them taking a little less than a year. He will get a green card good for 2 years when he is approved. If the application is denied, however, filing for AOS from a visitor status does not allow for an appeal. They would then have to restart the immigration process all over again with a CR-1 and him back in Canada. Don't worry too much about this - if they have sufficient documents and the marriage is valid they are likely to be approved without difficulties. You just need to be aware of this restriction. Along with the I-485, your son in law should file for an I-131 (Travel document - this will give him permission to leave and return to the US while waiting for a decision on his green card. If he leaves the US without it then the whole immigration process has to start all over again from the beginning for a CR-1 application). This is also known as Advance Parole - AP. There is no additional fee - it is included in the AOS fee. As well, your son in law should file an I-765 application for Employment Authorization. This fee is also included in with the AOS fee. The EAD will allow him to accept employment in the US and will also provide evidence of his legal status in the US. He will be able to use it to get a SSN and a Driver's License (although the Driver License requirements vary by state). The EAD and AP generally are issued within 3 months. As part of the AOS process your son in law and daughter will almost definitely be interviewed at your local USCIS office to verify that this is a valid marriage and not one for the purposes of getting a green card. Your son-in-law will be required to have biometrics - fingerprints and photograph - taken at various stages of the process. All forms need to be submitted together in the same envelope each with their separate, necessary fees and separate attachments. Treat each application as a separate attachment as they will be broken apart and processed in different locations so need to be complete in themselves. Checks are fine. Upon receipt of each form your daughter/son in law will receive an acknowledgment called an NOA (Notice of Action). Your son-in law will later receive Biometrics appointment letters for the applications requiring fingerprints and photographs. USCIS will set an appointment time and date for him at the local USCIS office. They might also receive an RFE - Request for Evidence - if there is anything missing. They will be given a deadline about when the missing information/document needs to be returned. All processing will stop until the missing information is returned. This is the basic overview of what you can expect for the immigration process. One additional point to keep in mind. To combat marriage fraud, all marriages that are less than 2 years old when the green card is approved only receive a green card good for 2 years. Shortly before that 2 year card expires, your son in law and daughter need to submit another form I-751 - Application to Remove Conditions on Permanent Residency". This form will require all sorts of evidence showing how the two of them have co-mingled their personal, financial and social lives. If this application is approved, your son-in-law will obtain unconditional permanent residency and get a green card good for 10 years. If the application is not approve or if they miss the filing date then his status in the US expires and he would be told to leave the US. After 3 years as a permanent resident, your son in law is allowed to apply for US citizenship as long as he and your daughter are still married and living together. So, you have a lot of reading ahead of you. Make lists of the various forms required. Then under each form make lists of what documents and evidence you need. This can act as a check list for you to make sure you have everything requested. Your son in law is not able to leave the US right now so he will have to have family in Canada send him the documents he needs from home and tie up his loose ends (ie. terminate apartment lease, pay final utility bills, move belongings, etc.). If your son in law must return to Canada then you need to read up on the CR-1 process. He cannot live in the US during that time nor can your daughter live with him in Canada. They should be able to visit back and forth as long as they can prove to the border guards each and every time that they have strong ties that will ensure their return to their home countries. When the CR-1 process is completed - about a year - your son-in-law will be allowed to move to the US and will get his green card when he officially crosses the border. Wow Kathryn41 you have provided exactly what we were looking for! I can read forms as well as anyone - but having it said in a conversational tone makes a huge difference. Thank you so much. As for my son-in-laws intent when he came here. he came as a 19 year old who missed his girlfriend terribly - she had been to visit him and his family two times, and he needed to reciprocate so she would know he felt just as strongly about her. And as he came with only a small backpack - not even his computer - he had no intent to stay. But these things happen. Love happens. And oh to be so young and so in love! So it seems the thing to do is to sit tight and start the paperwork from the US! I will be back here I am sure. Thanks again for your assist.	barbsdesk	Male	Canada	2010-01-02 13:25:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Please advise return to Canada before filing I-130	Was your son-in-law a tourist in the US when they got married? When did he enter the US and when did they get married? Was it quickly after he entered? Your daughter cannot just simply work in Canada without proper authorization, regardless if it is a family business. Does she have authorization to work in Canada? It depends on what is important to your daughter and son-in-law. If working and buliding a financial future together is the most important, then they should both find themselves the route that will make this happen. If being together quickly, then perhaps adjusting status is best (noting it will be on them to prove he did not have intentions to immigrate when he entered the US - if he married quickly upon entering the US then this will be difficult). Perhaps your daughter should post on here to get support and guidance. Good luck Thank you for your response. As for my posting instead of daughter, our household (they live with us at present) has divided up specific tasks to accomplish in this endeavor, and mine is researching what others have done in similar situations. To answer your question: Was your son-in-law a tourist in the US when they got married? When did he enter the US and when did they get married? Was it quickly after he entered? He entered with passport with purpose to visit my daughter. They married (small ceremony in out home)about 60 days after he entered. They would have eloped but for lack of funds. No intent to marry on arrival. Their ultimate goal is to work/live together in NYC, where they met and where they have the greatest prospects for future employment. They wish to pursue the path that will accomplish this most quickly yet allow them to stay together throughout and if at all possible, work in the interim. Thank you.	barbsdesk	Male	Canada	2010-01-02 08:18:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Please advise return to Canada before filing I-130	This site is phenomenal - but having trouble finding specifics with all this info. Perhaps someone will kindly advise or tell me where to look? I have their permission to inquire om these matters - not being a nosey mom-in-law. 19 year old USC daughter married her 19year old Canadian citizen boyfriend while he was here in US visiting on a passport in early December 2009. He did not come with intention to marry. They met in school in 2008. We seek advice on how best to now proceed. We know we can file the I-130 (right?) and wait for papers. Meantime he can not work in US. Would it be a better route for for the two of them to return to his home in Canada, where he can work immediately - and probably she can as well (family business). And if they did this, would it then be better to file with the consulate in Canada? Hope I don't sound too ignorant. Thanks	barbsdesk	Male	Canada	2010-01-01 17:54:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Fees re concurrent filing	In your situation, the DOS is NOT involved at any point of the process because no visa is to be issued..... Thanks! I think I get it now.	barbsdesk	Male	Canada	2010-01-21 09:44:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Fees re concurrent filing	Thanks for your responses on the fees for I-864! You are so kind. I will do separate checks for each fee. But still a little confused. What about these instructions from USCIS web page? [i]Filing Fee : Although USCIS does not charge a fee for this form, the Department of State does charge a fee of $70 when the Affidavit of Support is reviewed domestically. This does not apply when the Affidavit of Support is filed abroad. So as Canadian husband and US citizen wife (married 12/12/09) were married and living in NJ and not abroad, won't the new father-in-law's affidavit of support be reviewed domestically? and thus subject to this fee?	barbsdesk	Male	Canada	2010-01-20 16:18:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Fees re concurrent filing	Hey all! Hope to have all evidence of bonafide marriage together by end of week and hope to file on Monday the I-130 package with I-485 concurrent. Confused re fees and want to get it right the first time: Did you add up all the fees and just write one check or money order? Specifically, is the (domestically reviewed) I-864 Affidavit of Support fee included with the other fees or is this a separate check made out to the Department of State? Thanks	barbsdesk	Male	Canada	2010-01-20 14:06:00
IR-1 / CR-1 Spouse Visa Process & Procedures	864 vs 864a since petitioners father in same home	If the petitioner lives with the joint sponsor, then the joint sponsor must fill an I864A. Thank you all very much!	barbsdesk	Male	Canada	2010-01-21 17:29:00
IR-1 / CR-1 Spouse Visa Process & Procedures	864 vs 864a since petitioners father in same home	The guides here on VJ do a very good job of explaining the process >>> http://www.visajourn...page=i130guide2 The US citizen spouse is the petitioner and must complete an I-864 regardless of income. Page 8 of the instructions explains what is required regarding federal income tax filing. A household member can file an I-864A to combine their income with the petitioners. Thank you. And the medical exam? He should do this and file it along with the other concurrent filing? What about the biometrics? Is that scheduled by the USCIS and not us?	barbsdesk	Male	Canada	2010-01-21 13:00:00
IR-1 / CR-1 Spouse Visa Process & Procedures	864 vs 864a since petitioners father in same home	I know its all in here somewhere - but would still very much appreciate an answer on this forum. USC daughter (19) married Canadian citizen (19) in December. He arrived on a visit 10/10/09 and they married 12/12. There was no intent to marry when he came. I am helping them file. The newlyweds live with us in NJ. Daughter has -0- income at this point (she helps me care for her Alzheimer's grandma at home). I want to be clear on proper filing: Daughter files the I-864 even though she has no income or income 2009 (she was student) Her father files the 864A (rather than the co-sponsor I-864) with his financial info because we share the same house. The medical exam should accompany our concurrent filing of the I-130 and I-485. Is this correct?	barbsdesk	Male	Canada	2010-01-21 11:56:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Part 2 of I-485? what is my application 'type?'	"A" Thank you. This board such a valuable resource!	barbsdesk	Male	Canada	2010-01-27 09:20:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Part 2 of I-485? what is my application 'type?'	Thanks for being here. On the I-485, Part 2, it asks my application type. As I am a Canadian citizen married 2 months to an American citizen and living in US, and filing I-485 concurrently with my I-130, I'm not sure how to answer as I don't see my status as an option. Do I choose 'other'? and explain this is a concurrent filing?	barbsdesk	Male	Canada	2010-01-26 16:11:00
IR-1 / CR-1 Spouse Visa Process & Procedures	RFE received - I already sent what they are asking for!	Ok - you were told not to send state tax filings in the instructions - but that isn't the reason for the RFE. Must be the birth certificate - is it the long form or short form? My dad's birth certificate is actually an amended (he had his name changed as an adult) State of Georgia birth certificate (not certified or stamped)They only come in the one long form. So you think this is the problem? Do instructions call for the sponsor to send in a certified birth certificate? If so this is easily remedied.	barbsdesk	Male	Canada	2010-03-26 21:10:00
IR-1 / CR-1 Spouse Visa Process & Procedures	RFE received - I already sent what they are asking for!	Yes, as Bobby mentioned, the key here is what exactly did you submit for tax records with the I-864A? Does your Father file a joint return with your Mother? If so, you are required to submit his slips - W2s, 1099s - any and all slips that accompanied his 1040 - even if you submitted IRS transcripts - so they can determine what is his income and what is your Mother's income. Thanks for reply. As I said above we sent in 3 years of complete tax records. Mom hasn't worked since 2007 and didn't earn much when she did so although all HERE tax info is complete as well, they are easily differentiated.	barbsdesk	Male	Canada	2010-03-26 16:49:00
IR-1 / CR-1 Spouse Visa Process & Procedures	RFE received - I already sent what they are asking for!	Ok - Part 1. You said "tax records" - did you include the w-2's/1040's/1099's as appropriate? If you didn't include all components for the income evidence - they would kick it back, however, it looks like he didn't prove he was an USC/LPR (for them) so that would explain this part of the RFE. Send in the "passport" evidence for proof of USC (I would copy the whole thing - but the instructions state just the biographic data page is needed ) - and/or a stamped (certified) copy of the birth certificate. (unknown why they didn't accept the birth certificate in the first place though - a copy is just required. Was it the long form or short form?) Part 2. If your co-sponsor couldn't prove the above (USC/LPR) , his income level cannot be used - so they rejected it because of this. (since you need a co-sponsor) (I will take it that your co-sponsor makes the poverty level needed to actually sponsor your beneficiary) If you fix part 1, part 2 will be fixed at the same time. Thanks for reply! ALL my dad's tax records were included with his I-864A. THREE YEARS (TAX YEAR 2008, 2007, 2009)of 1040's, supporting schedules, W-2's, 1099's, even state tax filings. Dad is a senior manager, and earned well above the requirements The reason for the RFE (pg 1) is evidence that my dad is authorized to work in the US. Dad doesn't HAVE a passport, or any of the other items a non-citizen would have. That's why we sent the birth certificate and social security card. My dad's employer is a well-known NJ company. How about his voter registration card? Do you think I should just call them?	barbsdesk	Male	Canada	2010-03-26 16:46:00
IR-1 / CR-1 Spouse Visa Process & Procedures	RFE received - I already sent what they are asking for!	Thank all of you for this forum. I am confused because I believe I have already provided all the information the RFE is asking for. Did concurrent filing (received March 3) of I-130, EVIDENCE OF BONAFIDE, I-485, I-693, I-864, I-864a, I-765 I-131. Today I received a 2 page RFE re the I-485. Request for Initial Evidence Page 1: "for the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member w3as authorized to work in the United States" and goes on to say "please submit evidence the household member was authorized to work in the United States." My Canadian husband and I live with my mom and dad. Dad is a USC, born and raised. Our evidence included all requested tax records, pay stubs, SS card, Drivers license and his birth certificate. The birth certificate is the ONLY item on the evidence list that he has - as he was born in the US. Could it be that they want a certified copy of his birth? ------------------------------------------- Page 2 of the RFE is just as confusing (to me)It says "based on documents submitted with for I-864, the petitioner (me) did not meet 125% of the federal poverty line" and that I need to submit evidence of assets or obtain a joint sponsor." I'm 19, and have no assets - and thus attached an explanatory letter to that effect that I have not filed taxes, etc, and that my father was doing the I-864A which was also in the package. I'm confused with because it seems I have already provided all the information the RFE is asking for - if I send them the same things again how will that help? Thank you so much.	barbsdesk	Male	Canada	2010-03-26 14:02:00