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Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28861
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Judith again, ok so now my question is this if my

Customer Question

Hello Judith again, ok so now my question is this if my brother decides to go to Canada with the intention of marrying his girlfriend up there so that he can then file a form I-130 Petition for Alien Relative can he tell the border this if he crosses over
into Canada?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 2 years ago.
Ahhhhhh, will Canada admit him? Most likely because he has evidence he has a home here in US, a job, a return ticket, his entire life is established on this side of the border and he should take with him evidence of this so there is no question of his compelling ties here and obvious intent to return. May I ask how old is your brother? How long has he held his job? Does he own his home or have a long term lease? Charge accounts? Car payments?Judith
Customer: replied 2 years ago.
Ok first of all my brother lives in Hutterite community where he is employed but doesn't exactly get paid wages since the community takes care of most of his needs. Right at this precise moment there is an issue of this community accepting this girl because of the issue of her bring in a certain Hutterite community. Another subject altogether. Long story short he is considering leaving this community to start out on his own, hence the questions from me about all the border and immigration. Today he has decided he will pursue bringing her across the border and marry her here so where again should he start? I hope this is t confusing cause there are so many issues involved here.
Customer: replied 2 years ago.
Rather I know this is probably confusing
Customer: replied 2 years ago.
Also my brother is 42. The other questions are a little trickier to answer because of where he lives. Currently no debt, but of,course that could change if he chooses to strike out on his own.
Expert:  Judith Ludwic replied 2 years ago.
OK, so we are back to your vary first question and my answer there to file the K1The I-129F will cost $340 plus a $350 fee for the visa processing fee. After she enters the U.S., then you have to marry and then you have to pay $1070 for the I-485Unfortunately, you will have to be patient because it will take a total of 6-10 months for you and she to go through the arduous process of her immigrating.You will file form I-129F with the USCIS here in the US at the lockbox (PO Box) as per the instructions.You must include with the form a G-325A for you and she along with 2 passport style photos of each of you.You can find those forms and instructions at this link your petition is approved (it will take 3-5 months) you will be notified and the petition will be sent to the National Visa Center. In approximately 2-3 weeks they will send you a notice and instructions for her to begin the visa process by submitting the DS-156 & 156K Visa Application.After that is received the USCIS will request her background/security check be done by the FBI she will then receive her instructions for her medical and visa appointment.She will be told what documentation to bring.She should document your relationship with pictures, cards, emails, printouts of your skype conversations, etc.After her interview she will be told to leave her passport and the child's and their passports and the immigrant visa packets will to sent back to her withing 2 weeks at which time she may travel to the US. She has 4 months to use the visa.Here is a great link to a flowchart with timelines Judith

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