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I am a Canadian who is also a legal permanent resident in the US and my wife is a Taiwanese. We are currently living in Vancouver Canada. We got a job offer to Seattle and we are planning to move down there in 2 months. We have booked an appointment with the US Embassy in Vancouver early next month hoping to get a US visitor's visa for my wife so that we can start looking for housing, but according to my lawyer, it's almost impossible for her to get a visa and enter the US because she's married to a legal permanent resident of the US. What should we do? Who can help us?? If you have any information, please let us know.

2006-12-13 08:40:04 · 3 answers · asked by walterthewell 2 in Politics & Government Immigration

3 answers

You need to live closer to the border because she's going to be staying in Canada for a while. The wait for you to get a visa for her is about 4 1/2 to 5 years.

2006-12-13 12:19:23 · answer #1 · answered by Yak Rider 7 · 0 0

Background
The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new nonimmigrant category (V) within the immigration law that allows the spouse or child of a U.S. Lawful Permanent Resident to live and work in the United States in a nonimmigrant category. The spouse or child can remain in the United States while they wait until they are able to apply for lawful permanent residence status (Adjusting Status), or for an immigrant visa, instead of having to wait outside the United States as the law previously required.

Where Can I Find the Law?
The Immigration and Nationality Act is a law that governs immigration to the United States. For the part of the law concerning V nonimmigrant status and the process of applying for permanent residence status, please see INA §§ 101(a)(15) and 214(o) (V nonimmigrant status); § 248 (change of status); and § 245 (immigration petition and adjustment of status). The specific eligibility requirements and procedures for qualifying as a V nonimmigrant, obtaining that status and applying for permanent residence are included in the Code of Federal Regulations [CFR] at 8 CFR § 214.15, 248, and 245.

Who is Eligible?


A person may apply at a U.S. consulate abroad for a V-1 or V-2 visa or seek V-1 or V-2 nonimmigrant status while in the United States, if:

The person is lawfully married to a Lawful Permanent Resident of the United States (V-1), or is the unmarried child (under the age of 21) of a Lawful Permanent Resident (V-2);
The person is the principal beneficiary of a relative petition (Form I-130) that was filed by the Lawful Permanent Resident spouse/parent on or before December 21, 2000;
The person has been waiting at least 3 years since the petition was filed for status as a Lawful Permanent Resident because the petition is still pending, or has been approved
But:
An immigrant visa is not yet available;

Or,
There is a pending application to adjust status or application for an immigrant visa.
The derivative child of a V-1 or V-2 nonimmigrant is eligible for a V-3 visa or for V-3 status.

How Do I Apply?
If outside of the United States, you should contact the U.S. State Department consular office or embassy to apply for a visa.

If inside the United States, you must file the Form I-539, Application to Change Nonimmigrant Status, and Supplement A, and pay the application fee, or request a waiver of the application fee. All aliens 14 to 79 years of age who are filing Form I-539 to obtain V nonimmigrant status must submit a service fee for fingerprinting with their application. In addition to the instructions listed on the Form I-539, all aliens applying for V nonimmigrant status must follow the supplemental instructions found on Supplement A to Form I-539. Applicants must also undergo a medical examination and submit Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, without the vaccination supplement.

Applications should be submitted to:

U.S. Citizenship and Immigration Services
P.O. Box 7216
Chicago, IL 60680-7216

2006-12-13 09:09:56 · answer #2 · answered by Y***B*** 2 · 0 0

First, your spouse wasn't an unlawful immigrant as she entered the U.S. "with inspection" (a visa). She used to be out of repute. Your subsequent spouse could also be no longer an unlawful immigrant, for the equal motives. It's relatively complex to talk about whatever of which you do not realise the fundamentals. So here is your fast schooling at the field: Out of Status vs. Illegal Immigrant one million) Out of repute Somebody who entered the U.S. "with inspection" this means that with a visa or as aspect of the VWP. Such a character implemented for a visa on the U.S. consulate of their residence nation. They had an interview and had to put up a police certificates. They had been issued a visa after which they had been inspected once more earlier than being "admitted" to the U.S., at which era they bought an I-ninety four (Entry/Exit) type of their passport. The U.S. govt is aware of the whole lot approximately them; their identify, their mom and dad’ identify, their delivery day and delivery situation, their crook historical past, paintings historical past, or even wherein they're staying within the U.S. two) Illegal immigrant Entered the U.S "with out inspection" (EWI) by means of hopping a fence, swimming via the Rio Grande, or hiding within the trunk of a automobile. The U.S. govt is aware of obviously not anything approximately them. Not-a-factor. They would be mass murderers or serial baby rapists, drug smugglers or worse. The change is readily defined by means of evaluation: You are having a occasion. You invited a man to that occasion and while the occasion is over he is nonetheless staying. All you must inform him is to depart, and if he does, you don't have any hindrance. That's the man who overstayed. But if you happen to wouldn't have a occasion, come residence, and there is a man who climbed into your condominium via the again window, and you don't have any clue if he is only a thief or worse, that is the unlawful immigrant. Here you must name the police officers and they have got each proper to arrest him for a criminal offense. Now, the USCIS realizes that falling in like to someone can occur. This is why Adjustment of Status has been invented. But if a U.S. citizen attempts to drag the equal stunt once more, all crimson lighting fixtures cross on and begin flashing. USCIS does no longer wish any individual to paintings as a private immigration portal, so the default assumption here's that you're aspect of an immigration fraud rip-off (that's a significant criminal) and they'll take this situation below a magnifying glass the scale of the Mount Palimar telescope. Be instructed that you're going to be interrogated just like the UNO bomber and there will likely be in all likelyhood a a Stokes interview. If they uncover something they do not like, they'll deny your (then) new spouse AoS and can ship her residence with the following aircraft. Her scholar visa turns into invalid as quickly as USCIS gets your AoS kit. You understand the announcing: idiot me as soon as, disgrace on me, idiot me two times residence cross you.

2016-09-03 13:33:50 · answer #3 · answered by ? 4 · 0 0

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