ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresPrevious k1 visa, no divorce, now CR-1- problem?

yep hopefully she will get trough to this...if not she will be staying away for the hubby forever..unless the hubby willing to give everything in the US just to be with her... she said how come in the philippines her status is single?

Well duh! it was not registered Because SHE never reported herself as married... It's not like a worldwide wire notification goes out for every marriage. It is up to the married person to file and register their marriage! Anyway.. Good luck
christeenFemaleItaly2013-03-25 23:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPrevious k1 visa, no divorce, now CR-1- problem?

my friend said that she get intouch with the ex and he said they are divorce last february 6 2007 but he will never send her the copy.. at least she got an option order a copy online

Good on that front... At least she was divorced... Now to handle why she did not list it on the application... Misrepresentation is a biggie and I am sure others will chime in how maybe to address this issue.... Best of luck for her.
christeenFemaleItaly2013-03-25 23:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPrevious k1 visa, no divorce, now CR-1- problem?

Did think of that, but it is so easy to get a divorce these days, that it would be beyond stupid to re-marry without a divorce, not only legally but with the financial ramifications...let alone the family issues that could come with it.

You input is well taken however, one never knows what goes on in the heads of some.....

Beyond stupid... Yes.... But laziness and/or ignorance abound in most stupid decisions. Just because everything in Vegas is fake does not mean the marriages are as well! Those are real and in ths case, it has real consequences. If no divorce is filed from the ex husband, I would think that it would not take much persuasion for him to do this since it would mean that he is in a bigamous relationship which would be terrible for his life as well. However... First I would cancel any interviews with uscis immediately pending further investigation!
christeenFemaleItaly2013-03-25 22:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhere to get married?
No, you Should be fine... You had gotten some great info... You can get married on Vwp... You also have obviously met and can provide evidence of ongoing relationship and Norway is most definetly NOT a high fraud country, you will be just fine... Just be sure to bring evidence of ties to Norway so immigration will not think that you are intending to STAY in USA and adjust status without leaving... You'll be fine, don't let any latecomer advice shake you, your on the right track... Congratulations and enjoy!
christeenFemaleItaly2013-06-06 17:22:00
IR-1 / CR-1 Spouse Visa Process & Proceduresnew to Visa Journeys// questions on interview
Naples was not too. Difficult except, they were very particular regarding financials so be sure the sponsor meets the requirements. The medical is done the day prior, then the interview and if you pass, pick up the visa same day... Read the Italy embassy reviews and go down the document checklist and you should be ok....
christeenFemaleItaly2013-06-06 21:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNever thinking about being USC
You should be able to get a c1d visa if you have not incurred any overstay or ban. it is perfectly legal to enter and marry in the usa as a tourist provided you do not have the intention of circumventing the immigration system and staying without getting proper authorization. Yes, your case is a bid pushing that limits and intention of the b1 visa... However, since you seem to have followed the stipulations enough to not incur any raised eyebrows or major citations from immigration, I think you might be ok.

similar (but not the same) My husband and I were married for 7 years before he applied for green card. He worked on board a ship with a crewmember visa and He entered as a tourist each time to visit me for 2-3 months each year without ever overstaying. Other than a few extra questions at immigration at the airport, he never had issues. We applied for the cr/ir1 and got it no problem, and 3 years later, he is a citizen.

However, i might add, being that you seem to be very confused with the process and your USC seem super busy, I would recommend you use the lawyer for your piece of mind (I rarely recommend this, but it seem appropriate in your case)




christeenFemaleItaly2013-06-12 13:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIR-1/CR-1 Spouse Visa. About to submit. Gray area question.
Staying and adjusting status from Vwp at this point is visa fraud. She entered as a tourist and there was no "spontaneous" marriage or whatever nonsense terminology they use to make legal what is clearly circumvention of the immigration system... But this "loophole" does exist and is utilized by people all the time. I am more against the existence of this loophole than in someone's desire to use them..
It is the precise reason that many loved ones are not permitted to visit on tourist visas...
But I digress....

However, that being said, yes, it IS possible to adjust status but remember there are risks with misrepresentation... Coming to the USA on a tourist visa with the intent to stay is not legal and therefore not an approved VJ recommended method. But it IS a grey area and there have been many many many who have successfully done this and there are many attorneys that even recommend this method... But it is a personal decision... I did. But if aos is in progress and there is an overstay, it will be forgiving when approved...

It is a choice to make I agree but look into the factors if she is denied an adjustment of status because of entering on the VWP already married.


There is NOTHING illegal about entering the USA on VWP while married... It is entering with the intention of immigrating that poses the problem...





christeenFemaleItaly2013-06-14 16:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview Question
Congratulations... however, i would have some of the proofs requested by uscis in addition to the baby if you want to give yourselves and you family the best odds for swift approval... A baby by itself is proof that you have had sex NOT that you have an ongoing relationship... Follow the guides...
christeenFemaleItaly2013-06-26 14:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview Question

i wanna tel you that baby is a big proof, if you read some threads here consular officers often asks about if you've been married so long (3-4 years) why you have not baby yet, so babies are always huge responsibility and only who has a real marriage can decide to have a baby together
We have 1 year old baby girl and we got USC passport from consulate


So you are saying that ONLY people who are REALLY married can get pregnant and have a baby... I will say there are some single women here that might disagree... As far as the USC passport for the baby... Yes, it is eligible as a CRBA ...

christeenFemaleItaly2013-06-26 14:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview Question

 
how is baby not proof of real marriage???? your saying a marriage could be fake to the point we would even have a baby??? i guess so. I have no proof that our marriage is real except our baby who we just got a consular report of birth abroad and passport. her birth certificate has my name and my wifes name on it as the father and mother... i dont know what more proof can you have???


No, a baby alone is NOT proof of a real marriage... A baby is made in one moment and YES, babies are made by people not married and not in stable relationships every day... Proof of relationship includes

Note: Evidence of a Bonifide Marriage
The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as:

1. Documentation showing joint ownership or property; or
2. A lease showing joint tenancy of a common residence; or
3. Documentation showing co-mingling of financialresources; or
4. Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or
5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or
6. Any other relevant documentation to establish that thereis an ongoing marital union.

Source/Guide

Read the guides... NOWHERE is it listed that a baby is a proof of a marriage... Does it, along with other proofs as listed above strengthen a case, possibly, but just showing up and saying, well look, we have a baby so that means we are really truly married will not cut it with immigration...















christeenFemaleItaly2013-06-26 14:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview Question
A baby is NOT proof of a real marriage... Look at the list of proofs (like stubs, chat logs, visits, receipts, co-mingling finances etc... ) if the co sponsor is not accepted you will get a chance. To submit another...
christeenFemaleItaly2013-06-26 13:17:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDo I have enough evidence to prove a BONA FIDE MARRIAGE for my husband's visa in Cuidad Juarez?
Looks pretty thorough in my opinion...
christeenFemaleItaly2013-06-28 20:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 weigh more than K1?
Bingo... We have a winner.... The whole part about going over to stay with him and visit... THAT is what is needed regardless of k1 or CR1... All the rest if important, but the key is visiting and spending time.... Good luck this round... Stay strong, you guys will be successful (and spending qualiy time together is a great bonus)...
christeenFemaleItaly2013-07-03 18:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIR-1 Question
The cr1 and ir1 is the same paperwork so you can go ahead and file... If at the time they enter the USA (at the POE airport) they will change to IR1 ... But be sure to remind the CBP officer at The airport...
christeenFemaleItaly2013-07-03 21:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHELP! I just found I am in need of a Visa and we are stuck!
Op... I recently had a friend go through the process in france... and Yes France is difficult since the changes in the laws in 2006 regarding the carte de sejour... But I think you are on the right track.

Once married, go back to the USA and apply for the long stay visa (you need that for any carte applications if that is what you are planning on getting unless the long term visa will cover it) I have heard that summer is 1-2 months wait from the French consulate and 2-3 weeks in winter... Then, with the long term visa in hand, you can stay in France. Be sure to follow all French guidelines (check on the health insurance requirement since one of my friends got held up on that). Triple check ALL the forms required!!

You can apply for the I-130 anytime after married. Seems you have the requirements for the USA visa enough under control, I am assuming that you are asking about the living in France while processing process? Best of luck

Edited by christeen, 20 May 2013 - 10:17 AM.





christeenFemaleItaly2013-05-20 10:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPassport with visa damaged
When my husbands italian passport was damaged he had a c1/d and he attached the new passport to the old passport (with the visa) and used both when traveling. Not sure if it would be the same type procedure but I would suggest an infopass appt at the uscis office and see what their procedures are ( to get an I-551 stamp or new visa). I would think however that there is a procedure for such cases...
christeenFemaleItaly2013-07-13 16:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresEvidence of Bona fides of Marriage
A baby alone is not proof of a bonified marriage... Sine you have years together, it should be easy to send in some additional evidence along with the child's birth certificate... Just choose some from your list and add it to your package...
christeenFemaleItaly2013-07-16 14:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresApply for spousal visa or continue on visitor visa for the usa
Just because someone is married to a USC does NOT mean they MUST get a green card... My husband used the VWP and kept his C1/D crew member visa for 7 years (and renewed his C1/D twice during that period) without ever applying for green card (because it was not his intent to remain in the USA due to work)... When the time came for him to move to the USA, we filed the IR1 as normal... Anytime he entered, he explained that he works on a ship and had no intention at this time to live in the USA because of his job and he was never turned away...
christeenFemaleItaly2013-07-27 12:18:00
IR-1 / CR-1 Spouse Visa Process & ProceduresOverstayed Visa- is it an issue?
The USA doesn't monitor or really care what others country's immigration issues are... Not going to be an issue
christeenFemaleItaly2013-07-30 16:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan I send CD and DVD of my wedding as a proof when filing for I-130 Spouse Visa?
NO electronic media whatsoever will be accepted (uSCIS does not want to watch ur wedding video either..lol..) ....but seriously... Select some pictures and print them on regular paper (4 to a page) for the package...
christeenFemaleItaly2013-08-04 10:17:00
IR-1 / CR-1 Spouse Visa Process & ProceduresLong marriage, no commingling of accounts, no joint taxes

I have one more question that is better if I keep my details anonymous on.

For form G-325a, I assume my spouse must list ALL his nationalities, including one obtained through naturlization. It would be illegal for him to leave out his second nationality, correct?

Here is the issue. He comes from a country where dual nationality is illegal.

If the US consulate there employs local (from his country) workers, could this cause him problems at interview for his country's side of things? (i know the USA doesnt care). Has anyone else applied from a country where dual nationality is ilegal, but they had it anyway?

Thanks! I will see you all in a public profile later ;)








The us govt. does not care if you have other passports... however, Yes, depending on the country, you run a risk.... It is kind of a catch 22 for you... You MUST reveal all citizenships and if you are interviewing in a country which considers it illegal so they might either force you to choose which passport/nationality you want to use (like Japan and azberjian does this) or prove formal renouncing of Canadian citizenship (Indonesia) and the PRC will cross check you depending on how you enter... I would post in the country specific forums to see others experience... To get REAL info on your specific case you might have to drop some of the paranoia and let someone really help you for your specific situation... Good luck...

christeenFemaleItaly2013-08-01 16:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresLong marriage, no commingling of accounts, no joint taxes
We were married for 7years and he never filed taxes nor had a SSN for the tax benefits... Without a social, we also did not have co-mingling of finances... We had evidence of constant communication, visiting each other regularly, and other items from the list. Since you live abroad together, getting evidence from the USA might be difficult... So I would think that as long as you have supplemental info it would be ok. If you have been filing married filing seperatly, that should also be good for your case showing you were to hiding the fact you are married. Assets are not an issue, but keep in mind once he is an LPR, he will have to declare those (not pay taxes, but declare them). If you are in a high fraud consulate, then you need to rent load with lots of supplemental evidence... But from the surface, provided you have evidence of living together as a married couple you should be ok despite the finances.
christeenFemaleItaly2013-07-31 23:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhen will I be able to work in US? (After Entering US)
Second that... Right away.. Stamp in passport will serve as authorization.... However, some employers require you to have a SSN prior to you starting...
christeenFemaleItaly2013-08-08 11:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresApply for visitor visa before starting CR-1?
Whoa! I think you are confused on the k1 and cr1 paths.... You cannot start a k1 as an engaged couple, get married and just switch to a cr1 ... You have to either file for a k1, once approved, your fiancé enters the USA UNMARRIED and get married in the USA within 90 days.... OR ...... You marry and file for the cr1 .... You CANNOT do both...

I would review the guides....


christeenFemaleItaly2013-08-18 22:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs my wife banned from the US until K-3 Visa given?

I don't think you can compare your situation with OP, for 7 yrs your partner was traveling you guys had not filed for CR1 so thats little different, your case was just like anyone else using VWP.

I beg to differ, My situation is very relevant to the OP.... Each time he came to the USA (including 2 times after the I-130 was filed) he was asked the purpose of his visit, he said to visit my wife... Sometimes he was asked to show his return ticket, sometimes he was asked if he intended to stay or what compels him to return to Italy, so he showed his work contract... But each time he was let in and it did not affect the processing time of his CR1... The OPs question was IF his spouse could visit and will it affect the petition... So my answer and examples are yes, they can visit and no it will not affect the petition
christeenFemaleItaly2013-08-23 16:18:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs my wife banned from the US until K-3 Visa given?
No, visiting will not affect or delay the CR1 visa process in any way.... Just be honest, show ties to Italy and return ticket and they will be fine... My husband traveled to visit me for 7 years before we ever filed and he was NEVER turned away... And at no point did it effect our process... So come prepared and relax and spend some time together...
christeenFemaleItaly2013-08-23 13:38:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE - joint marital asset evidence

Sorry, but I disagree with Christeen. Married Filing Separately will hurt the OP.

The USCIS wants to see a co-mingling of finances, including taxes. And filing separately is the opposite...it shows the clear intention to NOT mingle the financial tax lives of the couple. To say that "married filing separately IS still filing together" is incorrect. It is just what it says...filing separately. It is one or the other ! You can not file separately together !

Yes, there are reasons when couples may wish to file separately. But rarely do they result in a lesser tax liability. But some are more comfortable doing it...but they don't have to worry about proving a co-mingling of their finances to the USCIS. BTW, one spouse owing back taxes is not a reason to jump to MFS. They can still file MFJ and file a "injured spouse" form 8379.

You also mention HOH...I assume you are referring to Head of Household status. This is poison to anyone wanting to prove a "bona fide" marriage because it can only be used if one spouse did not live with the other spouse during the last 6 months of the tax year.

MFS and HOH are perfectly legitimate filing status'...but not for anyone who will be trying to prove a "bona fide" marriage to the USCIS.








I totally stand by my ststement that there are situations where married filing seperatly is more benificial and that a personal decision how to file should not ne a major hinderment... Especially given that the spouse is assumed not in the USA yet and may or may not have a SSN... Without a SSN you would file seperately and could amend later once spouse has SSN or ITTN, this would certainly not have a negative impact as this is how it is done... If the spouse is working overseas and has a SSN then it is a big pain and possible tax liability to file jointly then have to exclude foreign income... There are MANY other easier ways to show co-mingling of finances other than messing with the amending taxes after the fact...

christeenFemaleItaly2013-09-05 18:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE - joint marital asset evidence

Filing your taxes as "married filing separately" is proof that your are NOT co-mingling your finances !  Exactly the opposite of what USCIS wants.  Note that your RFE refers to "joint tax returns". 
BTW, rarely does filing separately result in a lower tax liability.  That all changed about 10 years ago.  Suggest you amend your separate returns to "married filing joint"......because that is proof of co-mingling your finances, and as a bonus your might even get a refund !


Everyone's tax situation is different and although GENERALLY it is true that married filing jointly is better, that is not necessarily the case, especially in cases where taxes are owed to IRS, one owns a business or if there are HOH deductions... And married filing seperatly IS still filing together as you are claiming married but that you prefer to calculate your taxes, for whatever motivation, seperately... It should not hurt the OP.

OP... Are you still in Italy or living in the US? Take out a term life insurance and list as benificerary, call and have her added to account or just put her on as an authorized user on your debit or credit card...



christeenFemaleItaly2013-09-05 08:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarried in Philippines or Married in US? Which is legally?HELP!!!!
Married is married if it occurs in Philippines or elsewhere... Marrying another without terminating the marriage is bigamy and will make such marriage null and void... So any benefits gained from the marriage will be terminated...there are many cases of people whose marriages were entered into falsely because of an undeclared marriage or unresolved divorce and were deported, even after 20+ years in the USA... Tie up all the loose ends before embarking on the immigration journey... Married is married... Period...
christeenFemaleItaly2013-09-11 10:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWill my husband's visit affect the petition?
I think the OP is saying that the USC spouse will be going to the Philippines ... Which will also have NO effect whatsoever on your application... Enjoy the time together!
christeenFemaleItaly2013-09-28 16:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNot living together, will it cause a problem?
Your over-analyzing this.... Practically EVERYONE here lives apart from their spouse... That is why they are petitioning the government to bring their spouse over.... So they can live together... The certainly do not expect that everyone gives up their jobs to go live with their spouses while they wait... Nothing to do with cultural issues, but just with practicality.. Don't worry!
christeenFemaleItaly2013-09-28 16:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhen can visa be given?
In Ukraine they are not delivered same day (Italy however it was given the same day, so everything is consulate dependent) ...
christeenFemaleItaly2013-10-03 09:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTravel to USA on CR-1 but not immigrate
Once activated, the stamp I-551 serves as the temp green card and she can return to Sweden... But as others said, she would return within 6 months...
christeenFemaleItaly2013-10-24 13:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresLong Time Between Wedding and I-130 Submisson
Should not be an issue at all... We had 7 years married before we filed... You file for a visa when you and your foreign spouse are ready to live in the USA ... If that is 10 months or 10+ years, does not matter. As long as you can prove an ongoing relationship during that time...
christeenFemaleItaly2013-08-18 22:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNeed info to file for a CR-1 for my beautiful and loving Filipina wife


Need info to file for a CR-1 for my beautiful and loving Filipina wife


 
Please check the beautiful and loving GUIDES section above, when logged in from a PC. 
 
Go Get Em, and Good Luck !





Which are slightly different from the guides for the "ugly and nagging" wives... (Less photos required in that version)... Good luck, read, research and put your patience pants on and you'll be fine...

christeenFemaleItaly2013-10-03 15:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIr-1/CR-1 - I864 Affidavit of Support- Immigrants Assets/ Cash
No, you don't have to show anything from the benificary side as they won't count it anyway... As long as you the USC can support them here in the USA, that is only what matters to demonstrate.
christeenFemaleItaly2013-11-05 17:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWife file 2013 tax as married or single?
Married is married is married... Period... If they are not here and no SSN or ITTN then married filing seperatly... But NOT single...
christeenFemaleItaly2013-11-08 13:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAm I married or still single in the US (weird question)
Your I4 just tells how much money in taxes gets deducted... You can file 0 or single to have more money deducted or 3,4,5 to have less taken out each pay heck.. But filing federal taxes you must mark married...
christeenFemaleItaly2013-11-10 17:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAm I married or still single in the US (weird question)

I live in the state of maryland and when i got married to my husband in jamaica i had to come home and take our marriage license from jamaica to the court house in maryland for registry


That is a strange requirement since the Maryland circuit courts say that foreign marriages are considered legal and do not need to be registered...

Example... http://www.mdcourts....howard/faq.html as well I found that in 5 other Maryland district courts... If the USA federal law states that they are recognized, the state cannot say they are not...



christeenFemaleItaly2013-11-04 22:30:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAm I married or still single in the US (weird question)

 
You need to have a qualifying dependent living with you in order to be Head of Household.
 

Nowhere in my post did mention head of household!
christeenFemaleItaly2013-11-04 18:38:00