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  • Does she stand a chance?


    I am an American PR who applied for my wife's PR in April 2002 (I-130 -
    F2A). I have been waiting ever since to meet her and finally unite in
    the U.S.. She is a Indian Citizen who recently got her Canadian
    Immigration and moved to Canada and is living in Toronto.

    My Question is, is it worth applying for a Visitor visa for her to visit
    me, while her case is filed for PR, does she stand a chance? Has it ever
    happened that someone got a visitor visa to visit U.S. while a I-130
    petition has been pending in the U.S.?

    If yes, any tips on how to present the application at the consulate
    would be helpfull because if she gets that visa it could really get me
    out of a jam here as I am pretty much a vagabond between US and Canada,
    and am constantly jeopordizing my job at the same time.

    Any other adivices / tips would be very much appreciated.

    Regards,
    Bedi

    --
    Posted via http://britishexpats.com

  • #2
    Does she stand a chance?

    I am an American PR who applied for my wife's PR in April 2002 (I-130 - F2A). I have been waiting ever since to meet her and finally unite in the U.S.. She is a Indian Citizen who recently got her Canadian Immigration and moved to Canada and is living in Toronto. My Question is, is it worth applying for a Visitor visa for her to visit me, while her case is filed for PR, does she stand a chance? Has it ever happened that someone got a visitor visa to visit U.S. while a I-130 petition has been pending in the U.S.? If yes, any tips on how to present the application at the consulate would be helpfull because if she gets that visa it could really get me out of a jam here as I am pretty much a vagabond between US and Canada, and am constantly jeopordizing my job at the same time. Any other adivices / tips would be very much appreciated. Regards, Bedi
    Bedi,

    Your situation is common for many people who come from China (which is
    where my immigration experiences come from). Additionally, other
    friends of mine in Edison NJ who have come from India respond with
    similar answers:

    1. have her *try* for the B2 visa. There is always some hope for that

    2. have her try for a J1 visa if she wants to study.

    3. have her try for an H1 visa (she may have to give up her Canadian
    residence to do this one though)

    4. move to Canada and acquire residence status there to live together
    (this is a serious option which more and more people with Chinese and
    Indian passports are doing, especially since well educated ones can
    easily get residence in Canada).

    5. both of you move back to India (this is something that most of the
    Chinese people do -- Move back to their Home Country when they get
    frustrated by all of this, and wait there, at least being together!).
    So long as you return to the US once a year for at least a day, you
    can remain a LPR. It is also worth considering that if the US keeps
    you and your love apart for so long, that maybe it is not the best
    place to live in (sorry for being harsh, but it is a reality that my
    darling and I may in the future decide that would be best for us as
    well...and I know of others who already have done so).

    Good Luck!

    --
    Posted via http://britishexpats.com

    Comment


    • #3
      Does she stand a chance?

      Bedi, Your situation is common for many people who come from China (which is where my immigration experiences come from). Additionally, other friends of mine in Edison NJ who have come from India respond with similar answers: 1. have her *try* for the B2 visa. There is always some hope for that 2. have her try for a J1 visa if she wants to study. 3. have her try for an H1 visa (she may have to give up her Canadian residence to do this one though) 4. move to Canada and acquire residence status there to live together (this is a serious option which more and more people with Chinese and Indian passports are doing, especially since well educated ones can easily get residence in Canada). 5. both of you move back to India (this is something that most of the Chinese people do -- Move back to their Home Country when they get frustrated by all of this, and wait there, at least being together!). So long as you return to the US once a year for at least a day, you can remain a LPR. It is also worth considering that if the US keeps you and your love apart for so long, that maybe it is not the best place to live in (sorry for being harsh, but it is a reality that my darling and I may in the future decide that would be best for us as well...and I know of others who already have done so). Good Luck!
      Most Chinese people move to India? How odd!

      Ian

      --
      Posted via http://britishexpats.com

      Comment


      • #4
        Does she stand a chance?

        Most Chinese people move to India? How odd! Ian
        tingbudong

        --
        Posted via http://britishexpats.com

        Comment


        • #5
          Does she stand a chance?

          Bedi, Your situation is common for many people who come from China (which is where my immigration experiences come from). Additionally, other friends of mine in Edison NJ who have come from India respond with similar answers: 1. have her *try* for the B2 visa. There is always some hope for that 2. have her try for a J1 visa if she wants to study. 3. have her try for an H1 visa (she may have to give up her Canadian residence to do this one though) 4. move to Canada and acquire residence status there to live together (this is a serious option which more and more people with Chinese and Indian passports are doing, especially since well educated ones can easily get residence in Canada). 5. both of you move back to India (this is something that most of the Chinese people do -- Move back to their Home Country when they get frustrated by all of this, and wait there, at least being together!). So long as you return to the US once a year for at least a day, you can remain a LPR. It is also worth considering that if the US keeps you and your love apart for so long, that maybe it is not the best place to live in (sorry for being harsh, but it is a reality that my darling and I may in the future decide that would be best for us as well...and I know of others who already have done so). Good Luck!
          A student visa is an F-1 not J-1.



          You can be out of Canada for a very long time and not lose Canadian
          residency. However H-1B visas are depleted at present. New quotas are
          not until October 2005 for 2006.



          So long as you return to the US once a year for at least a day, you can
          remain a LPR. It is also worth considering that if the US keeps you
          and your love apart for so long, that maybe it is not the best place to
          live in (sorry for being harsh, but it is a reality that my darling and
          I may in the future decide that would be best for us as well...and I
          know of others who already have done so).

          Good Luck![/QUOTE]

          Very very very untrue as written. You can leave the US for up to two
          years with an approved I-131 travel document. However, you still
          have to maintain the US as your permanent residence and if you have
          to you have to show that proof to an immigration official and/or
          immigration judge.

          Rete

          --
          I'm not an attorney. This disclaimer is valid in NYS!
          Posted via http://britishexpats.com

          Comment


          • #6
            Does she stand a chance?

            Bedi, Your situation is common for many people who come from China (which is where my immigration experiences come from). Additionally, other friends of mine in Edison NJ who have come from India respond with similar answers: 1. have her *try* for the B2 visa. There is always some hope for that 2. have her try for a J1 visa if she wants to study. 3. have her try for an H1 visa (she may have to give up her Canadian residence to do this one though) 4. move to Canada and acquire residence status there to live together (this is a serious option which more and more people with Chinese and Indian passports are doing, especially since well educated ones can easily get residence in Canada). 5. both of you move back to India (this is something that most of the Chinese people do -- Move back to their Home Country when they get frustrated by all of this, and wait there, at least being together!). So long as you return to the US once a year for at least a day, you can remain a LPR. It is also worth considering that if the US keeps you and your love apart for so long, that maybe it is not the best place to live in (sorry for being harsh, but it is a reality that my darling and I may in the future decide that would be best for us as well...and I know of others who already have done so). Good Luck!
            Hi:

            A very loud SCREAM -- no, NO, NO!, NO!!!!. This is a commonly held myth
            that refuses to die

            Go to www.usdoj.gov/eoir and drill down through the "virtual law
            library" to the "AG/BIA decisions" link on the left. See Matter of Kane
            in Volume 15 and Matter of Huang in volume 19.

            The one year number is for validity of the I-551 as a "reentry permit"
            and contitnuity of residence for naturalization purposes.

            You statement is wrong. Your statement is VERY WRONG. It can hurt
            people. [But helps me in the pocketbook -- an appreciable part of my
            practice is defending "abandonment" cases].

            --
            Certified Specialist
            Immigration & Nat. Law
            Cal. Bar Board of Legal Specialization
            Posted via http://britishexpats.com

            Comment


            • #7
              Does she stand a chance?

              I am an American PR who applied for my wife's PR in April 2002 (I-130 - F2A). I have been waiting ever since to meet her and finally unite in the U.S.. She is a Indian Citizen who recently got her Canadian Immigration and moved to Canada and is living in Toronto. My Question is, is it worth applying for a Visitor visa for her to visit me, while her case is filed for PR, does she stand a chance? Has it ever happened that someone got a visitor visa to visit U.S. while a I-130 petition has been pending in the U.S.? If yes, any tips on how to present the application at the consulate would be helpfull because if she gets that visa it could really get me out of a jam here as I am pretty much a vagabond between US and Canada, and am constantly jeopordizing my job at the same time. Any other adivices / tips would be very much appreciated. Regards, Bedi
              Hi:

              With the impending introduction of PERM, and if it works like advertised
              [a very big "if" IMHO], you might want to consider that YOU might want
              to immigrate all over again. In fact, it used to be quite common for
              Indian professional LPR's to do that back in the old days. Of course,
              the FB categories are about to backlog for India.

              --
              Certified Specialist
              Immigration & Nat. Law
              Cal. Bar Board of Legal Specialization
              Posted via http://britishexpats.com

              Comment


              • #8
                Does she stand a chance?

                A student visa is an F-1 not J-1. You can be out of Canada for a very long time and not lose Canadian residency. However H-1B visas are depleted at present. New quotas are not until October 2005 for 2006. So long as you return to the US once a year for at least a day, you can remain a LPR. It is also worth considering that if the US keeps you and your love apart for so long, that maybe it is not the best place to live in (sorry for being harsh, but it is a reality that my darling and I may in the future decide that would be best for us as well...and I know of others who already have done so). Good Luck!
                Very very very untrue as written. You can leave the US for up to two years with an approved I-131 travel document. However, you still have to maintain the US as your permanent residence and if you have to you have to show that proof to an immigration official and/or immigration judge. Rete[/QUOTE]

                a J-1 visa, an *exchange* visa, is COMMONLY USED for students in
                Graduate School. In fact, every single student who possesses a Indian
                Passport that I know at my University, and that is currently 17 of them,
                is here, studying, on a J-1 visa.



                Also completely untrue.

                My university is still sponsoring more people on H-1 visas. Notice
                however, they are not H-1B visas, but are H-1 visas none-the less. And
                since there are many universities which are out there, the
                possibilities do exist.



                Yes, this is true, *given* you apply for this document.

                However, if you have a mailing address in the US, and you do not want to
                risk this happening, you just have to return at least for 1 day every
                364. I know *7* people who do this, some with Switzerland Passports,
                some with England Passports, and one with a Chinese passport. There is
                **NO** need to show any proof to an immigration official (notice that
                most immigration "judges" are not actually judges, but are instead
                members of the EXECUTIVE BRANCH of the government --- another
                technically correct wording, but highly misleading). I think it makes
                life easier to just return at least 1 day every 364.

                --
                Posted via http://britishexpats.com

                Comment


                • #9
                  Does she stand a chance?

                  Hi: A very loud SCREAM -- no, NO, NO!, NO!!!!. This is a commonly held myth that refuses to die Go to www.usdoj.gov/eoir and drill down through the "virtual law library" to the "AG/BIA decisions" link on the left. See Matter of Kane in Volume 15 and Matter of Huang in volume 19. The one year number is for validity of the I-551 as a "reentry permit" and contitnuity of residence for naturalization purposes. You statement is wrong. Your statement is VERY WRONG. It can hurt people. [But helps me in the pocketbook -- an appreciable part of my practice is defending "abandonment" cases].
                  As I said before, there are many people I know who leave the US for up
                  to 363 days in a row. However, they have ample evidence of *non*
                  abandonment, such as working for a US company when abroad, or property
                  in the US which it is obvious that it is meant to be permenantly resided
                  in for the future.

                  Has the law really changed in respect to this?

                  How is abandonment now defined?

                  I will now read your documents...

                  I have now read the documents. Am I *wrong* on this, so long as (and
                  for me it was an obvious caveat) that you have proof that you intend to
                  reside in the US in the future?

                  --
                  Posted via http://britishexpats.com

                  Comment


                  • #10
                    Does she stand a chance?

                    a J-1 visa, an *exchange* visa, is COMMONLY USED for students in Graduate School. In fact, every single student who possesses a Indian Passport that I know at my University, and that is currently 17 of them, is here, studying, on a J-1 visa. Also completely untrue. My university is still sponsoring more people on H-1 visas. Notice however, they are not H-1B visas, but are H-1 visas none-the less. And since there are many universities which are out there, the possibilities do exist. Yes, this is true, *given* you apply for this document. However, if you have a mailing address in the US, and you do not want to risk this happening, you just have to return at least for 1 day every 364. I know *7* people who do this, some with Switzerland Passports, some with England Passports, and one with a Chinese passport. There is **NO** need to show any proof to an immigration official (notice that most immigration "judges" are not actually judges, but are instead members of the EXECUTIVE BRANCH of the government --- another technically correct wording, but highly misleading). I think it makes life easier to just return at least 1 day every 364.
                    What's an England Passport?

                    No such citizenship, well not for nearly 300 years.

                    --
                    Posted via http://britishexpats.com

                    Comment


                    • #11
                      Does she stand a chance?

                      a J-1 visa, an *exchange* visa, is COMMONLY USED for students in Graduate School. In fact, every single student who possesses a Indian Passport that I know at my University, and that is currently 17 of them, is here, studying, on a J-1 visa. Also completely untrue. My university is still sponsoring more people on H-1 visas. Notice however, they are not H-1B visas, but are H-1 visas none-the less. And since there are many universities which are out there, the possibilities do exist. Yes, this is true, *given* you apply for this document. However, if you have a mailing address in the US, and you do not want to risk this happening, you just have to return at least for 1 day every 364. I know *7* people who do this, some with Switzerland Passports, some with England Passports, and one with a Chinese passport. There is **NO** need to show any proof to an immigration official (notice that most immigration "judges" are not actually judges, but are instead members of the EXECUTIVE BRANCH of the government --- another technically correct wording, but highly misleading). I think it makes life easier to just return at least 1 day every 364.
                      You really need to stop recommending that LPRs make a visit once a year.
                      Their place of general abode needs to be within the US. Even having a
                      reentry permit doesn't release them from the requirement of maintaining
                      ties to the US. You're going to get people jacked up.

                      Just because you know 7 people who are doing it, doesn't make it right.
                      You may also know 7 people who cheat on their taxes, it doesn't make it
                      legal or right, and they may have the same chance of being caught.

                      "There is **NO** need to show any proof to an immigration official "

                      I have no idea where you came up with that garbage either.

                      --
                      Posted via http://britishexpats.com

                      Comment


                      • #12
                        Does she stand a chance?

                        What's an England Passport? No such citizenship, well not for nearly 300 years.
                        I stand corrected.

                        A passport which is issued by the nation of "Great Britain", but not by
                        any of its current or past colonial possessions, including other members
                        of the commonwealth.

                        --
                        Posted via http://britishexpats.com

                        Comment


                        • #13
                          Does she stand a chance?

                          You really need to stop recommending that LPRs make a visit once a year. Their place of general abode needs to be within the US. Even having a reentry permit doesn't release them from the requirement of maintaining ties to the US. You're going to get people jacked up. Just because you know 7 people who are doing it, doesn't make it right. You may also know 7 people who cheat on their taxes, it doesn't make it legal or right, and they may have the same chance of being caught. "There is **NO** need to show any proof to an immigration official " I have no idea where you came up with that garbage either.
                          **RETE** is the one who brought up about immigration judges. I was
                          responding, as you did just here, that it was "garbage".

                          Please read the above.

                          I do not care if Rete bans me or not. She said a load of untruths, so
                          at least she should get the credit for that.

                          --
                          Posted via http://britishexpats.com

                          Comment


                          • #14
                            Does she stand a chance?

                            Hi: A very loud SCREAM -- no, NO, NO!, NO!!!!. This is a commonly held myth that refuses to die Go to www.usdoj.gov/eoir and drill down through the "virtual law library" to the "AG/BIA decisions" link on the left. See Matter of Kane in Volume 15 and Matter of Huang in volume 19. The one year number is for validity of the I-551 as a "reentry permit" and contitnuity of residence for naturalization purposes. You statement is wrong. Your statement is VERY WRONG. It can hurt people. [But helps me in the pocketbook -- an appreciable part of my practice is defending "abandonment" cases].
                            Here is some *legal* proof to offer which seems to make the issue quite
                            murky and not as clear cut as "NO NO NO"!!

                            "wong Hai Chew v. Rogers, 257 F.2d 606 (D.C. Cir., 1958), the court
                            carried the situation one step further, and declared that not only was
                            the returning resident alien applying for admission entitled to a
                            hearing, but he was entitled to a hearing at which the Government bore
                            the burden of proof. "

                            http://www.americanlaw.com/maintlpr.html

                            Additionally, to back my 1 year claim:

                            "Apart from the issue of abandonment, returning residents must also
                            comply with INA 212(a)(7)(A)(i) which requires any immigrant to present
                            a valid unexpired immigrant visa or other valid entry document at the
                            time of application for admission. A returning resident's Form I-551
                            (i.e. green card) is a sufficient entry document for the purpose of INA
                            212(a)(7)(A)(i) for absences of one year or less."

                            --
                            Posted via http://britishexpats.com

                            Comment


                            • #15
                              Does she stand a chance?

                              I am an American PR who applied for my wife's PR in April 2002 (I-130 - F2A). I have been waiting ever since to meet her and finally unite in the U.S.. She is a Indian Citizen who recently got her Canadian Immigration and moved to Canada and is living in Toronto. My Question is, is it worth applying for a Visitor visa for her to visit me, while her case is filed for PR, does she stand a chance? Has it ever happened that someone got a visitor visa to visit U.S. while a I-130 petition has been pending in the U.S.? If yes, any tips on how to present the application at the consulate would be helpfull because if she gets that visa it could really get me out of a jam here as I am pretty much a vagabond between US and Canada, and am constantly jeopordizing my job at the same time. Any other adivices / tips would be very much appreciated. Regards, Bedi
                              Sorry everyone for being tied down in minutia.

                              Let me state my thoughts, looking at the forest and not just the
                              near-by trees.

                              They go as follows:

                              If the government keeps them apart for so long, and if they really love
                              each other, at least in my mind, and in my actions, the green card is
                              not a sufficient thing to keep.

                              I am willing to give up my US Passport, if I must, if I were to be kept
                              apart for so long. I would certainly give up a Green Card to be
                              reunified with my family.

                              So, in the end, to me the family is what is important, and not
                              the document.

                              Just remember that this is my position:

                              So when I see people who seem to gripe about needing to be delayed for a
                              few weeks, and yet these people have not seriously considered moving to
                              the other country to live together, then it makes me frustrated.

                              In the future, I am as open to living with my fiancee anywhere in the
                              world, as she is to living in the US. In fact, who knows what the
                              future will hold.

                              So long as we are together, that is what really matters...

                              Sorry to miss the point. I mean no offense...

                              --
                              Posted via http://britishexpats.com

                              Comment

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