Hot answers tagged

10

You don't need to register your marriage, and you don't have to register your children. Children of US citizens born abroad are considered citizens, however if you want it to be official and for them to get passports then you will need to go to the embassy with your children (having your spouse as well is a good thing), along with the forms and proofs needed ...


10

The most obvious choice for you is what's called an “Aufenthaltskarte für Familienangehörige eines Unionsbürgers” (Residence card for family members of an EU citizen). It's attractive because it's very cheap and easy to get (basically you need to prove that you are in fact married and still living together and that your wife has a job). You would then get ...


8

Getting an CR-1 immigrant visa (what you call spouse visa) is the correct way. You file I-130 and then after it's approved, she goes through Consular Processing at the U.S. consulate in Mexico. If she has an H or L work visa, she could still go to the U.S. on one of those visas (since they are dual-intent) and then do Adjustment of Status in the U.S. But I ...


8

As far as I know there is no guideline that requires an employer to provide you bereavement leave either paid or unpaid. In the US Government provides 3 days leave for death of a relative as results of wounds but private employers are not required to abide by this but generally have some sort of policy for such situation, so I would get with the Human ...


8

Unfortunately, the only derived status the spouse of an H-1B can automatically acquire is an H-4, which allows one to live in the US but generally not to work. The exception to the last bit is that, if the H-1B's employer begins the process of sponsoring the H-1B for permanent residence the H-4 spouse can apply for employment authorization, but as a ...


7

I actually wasn't able to find the information direcly from USCIS but University of Washington gives a clarification on the subject: Domestic partners are not eligible for H-4 status but may apply for B-2 visas. In addition there is an FAQ from the State department referred to by Law and Border FAQ that states Q: I am in a civil union or domestic ...


7

You cannot "sue" the embassy per se and you certainly cannot (effectively) do that in front of foreign courts. What you can do will depend entirely on the country in question (even within the EU) but basically it will be similar to what you can do against adverse decisions (or silence) from the authorities back in the sending country (not the country where ...


7

I have no personal experience with this, but I think the question can be analyzed without that based on the assumption that your primary concern is moving with your family to the Netherlands. I conclude that you should decide where to file the application based on the date of your move. You say that it will take up to one year to get all of the documents ...


7

A few options: Apply for an autorisation provisoire de séjour. Provided she graduated and her diploma meets the requirements, she can use that to look for work for up to 12 months. The fact she would soon cease to need it and move to Germany doesn't really matter. One drawback is that she would need to apply more than two months before the end of her ...


7

The 10 years probably refers to the 10-year INA 212(a)(9)(A)(ii) ban for being deported from inside the US, which is already over. However, I believe he also has a lifetime INA 212(a)(2)(A)(i)(II) ban for a drug conviction, and he will need a waiver for this ban. At his fiance visa or immigrant visa interview, the officer will determine that he has a ban ...


7

Whether you or your daughter or your husband can settle in the UK is a complicated question. The answer(s) depend(s) on the interaction of each of your individual citizenships, and the UK's visa policy. UK Citizenship (called "British Citizenship" in UK governmental documents) is itself a complex issue, as British citizenship depends on the interaction of ...


6

No, none of this is required, either in the UK or elsewhere in the EU/EEA (except in that person's country of origin). Some consulates have been known to make mistakes but that's a clear breach of EU law. There is nothing subjective about it and it's even one of the sample stories in the European Commission's overview of free movement rights as they relate ...


6

The letter is a template that was not completed correctly (perhaps not at all). For example, certain text should have been deleted by the Entry Clearance Officer (ECO) and replaced with more informative text. These phrases include "enter sponsor's name" and "enter the relevant regulation number(s) (see ECGs EUN2.23)." Also note the self-contradictory ...


6

What you can do is to be prepared as possible. Have enough funds to make an trip there for an emergency Talk to your manager about the procedure for a trip on short notice (basically, how will the company react) Have independent methods to check on or help your parents Financial and/or medical power of attorney Knowledge of their financial situation ...


6

1- For me and my family members, Can I extend the time by getting Healthy tests report and re-applying for an appointment to local US consular ? Normally derivative beneficiaries can "follow to join" the principal beneficiary at any time after the principal immigrates, as long as a visa number is still available for the principal beneficiary's priority ...


5

No, she can't. "Spouse" means married "second half". She may be able to get a cohabitating partner variation of B2 tourist visa (that will allow her staying up to a year at a time in the US when she comes with you).


5

At first it doesn't look good. According to gov.uk, You must be outside the UK to apply for an EEA family permit. On the other hand, the family permit is just for entering the UK, not for remaining there once you're already in (your right to remain would derive directly from your boyfriend's freedom-of-movement rights). If you're already inside the UK, ...


5

Please note that what the immigration officers are looking for is proof of a marriage that is based on equal partnership and is genuine. While there is no definite list of documents to illustrate a genuine marriage, chats and photos have only a limited value at developing a picture of a relationship-- and can easily be manipulated. There are a few things ...


4

Cork has its own GNIB centre in the city-center. No need to go to Dublin. Once you are in Ireland, the GNIB stamp is more important than the visa. So, it does not matter if your wife's visa expires, as long as she has permission from the GNIB office to stay in Ireland.


4

Short version: yes, but not for a year. To summarise the official guidance about the right to reunion for non-EU citizens: The person who is already resident in Spain (i.e. you) must have sufficient income to support the person who is applying to join them. To bring one family member over you need a monthly income of 800€. You must have resided in Spain ...


4

Babies who are born in the UK but do not have leave to be in the UK get a special status informally known as "tolerated". The status stops when the child leaves the UK or reaches the age of 10 (whichever comes first). If the child's nationality requires that they have a visitor visa, then Paragraph 28 of the Immigration Rules will apply. It says in part......


4

You can look a the site for Danish Island Weddings to get the answer. Is the marriage valid worldwide? Absolutely. However, we strongly believe that international couples really ought to have their marriage certificate “apostilled”. An apostille is a validation by the Danish Foreign Ministry in accordance with the 1961 Hague Apostille Convention ...


4

Talk about your plans with your friends so they can prepare themselves emotionally for your eventual departure. Similarly, you meet new acquaintances, mention your plans early on so they know what they're dealing with. As your plans become more definite, for example when you pick a date for your move, mention them to your friends, and discuss them with ...


4

I believe you're asking the wrong question. Assuming your main goal is to actually get your family EU citizenship/residence/entrance, what you may need to consider is legal action within the legal system of the specific EU state of which you are a resident (and which you also want your family to move to). That is, if an administrative organ is not carrying ...


4

To the best of my knowledge, having resided together in Romania basically makes no difference as far as Sweden is concerned. It would be much easier to stay there long-time if your wife would get a job there (under EU rules, she could then sponsor your residence permit without any other requirement and certainly without any six-month waiting period) but in ...


4

This looks a little fishy. According to EUN02: When a marriage / civil partnership of convenience is suspected, the burden of proof is high and rests with the ECO. They have use the refusal formula that corresponds with inadequate evidence to support your claim of relationship, but you have submitted the marriage certificate, which should by itself be ...


4

You have it correctly. After a bit of searching I found the Examples visa pricing charges page. There are two examples and both detail that partners/spouses and children are considered additional applicants. It also points out that there's a surcharge if you pay by credit card (currently 0.98% VISA/Mastercard, 1.5% American Express, and 2.0% Diners Club ...


4

Assuming the children are unmarried, whether they have aged out as derivative beneficiaries or not is determined by the formula in the Child Status Protection Act (CSPA). Specifically, the amount of time the petition was pending (time from when the I-130 petition was filed until it was approved) is subtracted from their age when determining whether they are ...


4

There is no visa for polygamous or polyamorous relationships. The UK will not use polyamory against you (or polygamy I suppose), but they simply won't recognize it either for the purposes of granting visas. I am not aware that the UK government has ever bothered to dig into the explicit relationship of two people deeply enough to determine that there was a ...


4

Marriage in Germany is no problem, just a bit inconvenient: One of you must be a resident (for three months, I think. Doesn't hurt if both are residents), and in your case the marriage must be legal according to German law, according to UK law, and according to Japanese law. You can just go to your local registry office and ask for advice, they are quite ...


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