ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & Proceduresi-130

what do you mean by numerical limitation? they have limited visas???? i mean when we reach our priority date which is March 24th 2011 I MIGHT NOT get the visa because they are out of them??


It means that as the spouse of a LPR (not USC) you have to "wait in line" for a visa. The 6-8 month processing time that you qouted is for spouses of US Citizens for which they are an unlimited number of visas available. I would search around this site for more information. If he is able to apply for citizenship in July 2012, you may want to think about waiting to file until he is a USC. Best of luck.
celinayfranFemaleArgentina2011-08-03 21:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresEvidence of a Bonifide Marriage
I had 2 sworn affidavits from my parents in the US, notarized in the US in their presence. My parents are also in the wedding photos. Since you are in the US with the letters and your family and friends in Pakistan, thus you cant them notarized (party has to be present to sign), a copy of ID and a photo wouldnt hurt. I woudl submit other evidence as well. Good luck!
celinayfranFemaleArgentina2011-04-16 11:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS -zero income, residing abroad, joint sponsor

Sounds like you should be ok. They will likely be more concerned about your mom's AOS since she will be the one with all the income...it's all about money with this form. Best wishes on the rest of your journey!!


My mother has worked for the mental health dept for a CA state correctional facility for decades and her income is way more than the required income for a household of 3 so that should be fine. She also owns property but I dont think that is necessary to include. Thoughts? I was more concerned about my income situation and not filing taxes but we should be OK.
Best to cover all tracks in this process :yes:

Thanks again and best of luck with your interview in May!!! :thumbs: :dance:
celinayfranFemaleArgentina2012-04-23 21:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS -zero income, residing abroad, joint sponsor

You would count only you and your husband.

Mom would count herself, her spouse, and sponsored immigrant (your husband) and anyone else she claims as a dependant.
(If she doesn't claim you, she doesn't include you.)

As far as residing abroad temporarily, this is what the instructions say:

B. You are living abroad temporarily. If you are not currently living in the United States, you must show that your trip abroad is temporary and that you have maintained your domicile in the United States. You can show this by providing proof of your voting record in the United States, proof of paying U.S. State or local taxes, proof of having property in the United States, proof of maintaining bank or investment accounts in the United States, or proof of having a permanent mailing address in the United States. Other proof could be evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay.


Thank you for your response.

I came to Argentina as a student in 2008 which is when I met my husband and I do have prooin the form of the acceptance letter from the foreign university and transcripts, Howeevr, I finished my degree abroad in Dec 2008. I also have proof of US domicile: US bank account, CCs, students loans being paid on a monthly basis and current US mailing address. I will inlcude this in the packet.

Thanks again!!!
celinayfranFemaleArgentina2012-04-23 21:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS -zero income, residing abroad, joint sponsor
Hello Vjers!! It’s been a while!! After a smooth 1st part of the journey and a quick I-130 approval, we took a break from all the paperwork in order to accommodate our moving plans and now it’s time to get back at it. I have a few questions about the AOS process and your help would be greatly appreciated.

Situation: I (USC) have had had no income in the US for the last 3 tax years and therefore did not file. I will attach a tax exemption letter to the AOS packet explaining my situation. My US permanent residence is the same as my parents, although I have been temporarily residing in Argentina for over 4 years (reason for zero income). My husband and I will be living with my parents once we move to the US. My mother is the only joint sponsor and her income is enough to cover the household size (mom, dad, my husband and me).

I file I-864. Part 21. Do I count just myself and my husband in MY household? OR enter my parents on line G? We have the same principal address although technically we are not combining income or filing an I-864A.

As head of household and only joint sponsor my mother files I-864 as well. She does not claim me as a dependant on her taxes so what is the proper way for her to fill out part 21? Does she include me as dependent child anyways?

In addition to the tax exemption letter, is there any other specific document I need/is recommended to include in order to explain/justify not filing taxes for 3 years?

Thank you for your help.
celinayfranFemaleArgentina2012-04-23 20:08:00
IR-1 / CR-1 Spouse Visa Process & ProceduresOriginal or copies documents to NVC?
Yes, you need new original passport photos, and copies for the photocopy set of all docs.

E and F, as stated you need EITHER the original or a certified copy.

Not necessary at this point to send translations. Im my case, the translation is attached to the Apostillized and Certified copy of out Marriage Certificate along with certification by translation school of Argentina. Its all stapled together so I will just send it as is.

Hope that helps. Good luck!!
celinayfranFemaleArgentina2012-04-24 07:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS-230 Part 1 Q23
Hey VJers! Quick Question.

On DS-230 Part 1 Q23 Do you list primary and high schools attended? Or just post high school, college and university?
On the sample form I got from VJ the applicant only listed one University.

My husband attended like 3 high schools, primary, kindergarden and 2 universities. Its a long list!!

THANK YOU AND GOOD LUCK TO ALL!!!
celinayfranFemaleArgentina2012-06-13 15:38:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Income threshold for filing???
FOUND IT!!! Still open to comments or suggestions :)
Page 7 states requirements according to fiing status.

http://www.irs.gov/p...s-pdf/i1040.pdf
celinayfranFemaleArgentina2012-07-06 18:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Income threshold for filing???
Hello VJ´s!!

I have searched the VJ and IRS sites. Does anyone have a link to IRS site where it states the income threshold in order to NOT be required to file taxes?

I have been temporarily residing abroad since 2008, filing I-864, petitioning for my Argentine husband. The last year I filed was 2009 but did not file for 2010 or 2011 because my income was next to nothing here in Argentina. I am attaching a tax exemption letter and would like to site the specific income obligation by IRS.

The i-864 instructions state that: "If you did not have to file a tax return, attach a written explanation and a copy of the instructions from the IRS publication showing you were not obliged to file. For general information on income tax obligations, visit the IRS website."

My understanding for item #25 I DO NOT check either box, fill in 3 tax years, for 2009 will list my income as stated on W2 and for the 2 most recent years will write: NOT REQUIRED TO FILE-INCOME BELOW THRESHOLD

My mother is the only joint sponsor and will file a seperate I-864.

Comments?? Suggetsions???
THANKS!!!! :dance:
celinayfranFemaleArgentina2012-07-06 18:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFIling 1-130
Large document size envelope, no staples (they scan all docs).I seperated the different sections with paperclips and then used one big clip for the whole packet.
Good luck!
celinayfranFemaleArgentina2012-07-07 10:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Affidavit of Support
Hi!
You can just download the forms online, fill them out electronically and print them. Dont forget to print your barcoded invoices for the AOS and IV fees. At this point the IV and AOS become two seperate processes. If you havent already,you can start gathering all the documents you need for both.
Check out the easy spouse guide for more info, there is a link to a more detailed guide on the bottom.

http://www.visajourn...p/EZGuideSpouse

2) As far as AOS Im sorry I cant offer you a specific answer, check out the instructions on the State Dept website. I believe he can use assets in US (bank acocunt in US for example) and his income only if he can prove that his income will continue once he is in the US, if not already. More info about your case will help someone better answer your Q. In the case you can combine income, he would file I-864A.
celinayfranFemaleArgentina2012-07-07 10:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS-230
Q32: If your husband works in a specific field and intends to continue that line of work, I would specify. Fo example, teacher, business administration, lawyer, etc. My husband works in Marketing/ Commercialization so that is what I put. Otherwise then yes TBD woudl be the best option.
celinayfranFemaleArgentina2012-07-10 11:06:00
IR-1 / CR-1 Spouse Visa Process & Procedures$88 AOS Fee, adjustment of status question

Hi All,

Just received the final NOA letter informing us that the NVC will now be handling our case. It asks us to pay $88.00 as an AOS fee (Affadavit of Support). It says not to pay if we are planning on adjusting status. My question is, I'm not adjusting status if I'm just applying for the cr-1 Visa, currently living in Canada and have no immigrant visa already, right?

Thanks for the help!


Adjustment of status means that if the beneficiary is already in the US on work/tourist or other visa and plans to adjust their immigrant status while already in the US. If this does not apply to you then go ahead with paying the Affadavit of Support Fee. Good luck!
celinayfranFemaleArgentina2012-07-10 14:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarrying while partner is in states on visa
I agree with all of the above. Your friends are suggesting something that is illegal and considered fraud.

Its all boils down to intention, you clearly stated yours. Do the process the right way, you will thank yourself in the end and be at ease that you did the right thing. Its a long complicated process but we are all in teh same boat.

As mentioned my other VJers, if someone enters the US as a toursist, with the intention to visit, and then decides to marry that is another scenario. For example I had a girlfriend who met her Argentine husband while he was in the US as tourist, they fell in love, married filed and adjusted status. But he did not enter with that intention, they had not even met yet.
Its all about intention. Good luck!!
celinayfranFemaleArgentina2012-07-10 19:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresShould I send other forms along with the I-130?
Congratulations!!

Take a look at the following guide that will help you to better understand the process. There is a 1-130 packet checklist to get you started!!

http://www.visajourn...p/EZGuideSpouse
celinayfranFemaleArgentina2012-07-15 16:22:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDomicile and proof of employment while living overseas

That makes sense. I understand your reasoning. I take it you entered your U.S. mailing address on I-130 (item 2) and had your parents forward the correspondence from USCIS to you?


YES!! (If I am not mistaken I believe 1-130 instructions state that you must privide US address for item 2). If you include a G-1145 in your I-130 packet, all correspondence gets emailed to you and then also to the beneficiary once you make it to NVC. All forms you need can be found online. Its a complicated process and time consuming but if you do your homeowrk and are detailed oriented its all about following through. Our jourmey has been smooth so far thank the universe but we do not have a complicated case ( NO kids, divorce, high fraud country, denied US entry or overstay, criminal record, etc).

Best of Luck!!:)
celinayfranFemaleArgentina2012-07-17 18:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDomicile and proof of employment while living overseas

We are not afraid to commit :)

:thumbs: Since you mentioned fiance in yoru original post just wanted to clarify

Don't you mean the other way around? I figured that if I am claiming U.S. domicile I should use my U.S. address as the residence and my address overseas as the mailing address. Otherwise, how would letters from USCIS reach us?



No, because part of having/being able to prove US domicile is providing a US permanent mailing address as stated in I-864 instructions . While maintaining this permanent US mailing address (on bank/CC statement, drivers license, voting record, etc) you could be residing, albeit temporarily in another country, like myself. You should list your US address as primary mailing address always. This is what I did and our 1-130 it was approved in 11 weeks. As I previousy stated I also attached a letter explaining the address situation just to be clear on I-130 and I-864:)
celinayfranFemaleArgentina2012-07-15 16:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDomicile and proof of employment while living overseas

We are not afraid to commit :)

:thumbs:

Don't you mean the other way around? I figured that if I am claiming U.S. domicile I should use my U.S. address as the residence and my address overseas as the mailing address. Otherwise, how would letters from USCIS reach us?



No, because part of having/being able to prove US domicile is providing a US permanent mailing address as stated in I-864 instructions . While maintaining this permanent US mailing address (on bank/CC statement, drivers license, voting record, etc) you could be residing, albeit temporarily in another country, like myself. You should list your US address as primary mailing address always. This is what I did and our 1-130 was approved in 11 weeks. As stated also attached a letter explaining the address situation just to be clear:)
celinayfranFemaleArgentina2012-07-15 16:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDomicile and proof of employment while living overseas

Thank you for your answer :) We will probably go with CR-1 but we are still researching our options.

As for my U.S. domicile and living overseas do you think I would just put my current address abroad as the mailing address (item 12) and my parents' address as the place of residence (item 13)? My parents would be willing to act as a joint sponsor.

Speaking of non-US based income, in item 22 (unemployed since) should I use the last day of my U.S. job or the last day of my job abroad?

My fiancee is from Poland and I'm staying at her place now.



Just to clarify, CR-1 option is for USC spouse so you would have marrry before filing the 1-130 petition. Otherwise you would file for K-1 fiance visa.
I have been living abroad with my hubby but have also maintained my US domicile (my parents address, CC, bank, etc).

For all paperwork I put US address as mailing address. Then listed my address abroad as residence. I also attached a letter explaining my situation, that I am temporarily living abroad, have US domicile and clarifying the 2 different addresses.

Good luck!
celinayfranFemaleArgentina2012-07-15 14:11:00
IR-1 / CR-1 Spouse Visa Process & Proceduresjoint sponsor question
No it does not. However when joint-sponsor files 1-864 or 1-864A, the intending immigrant will be counted as part of his/her household.
celinayfranFemaleArgentina2012-07-26 14:07:00
IR-1 / CR-1 Spouse Visa Process & Procedurescan you travel on a holiday visa whilst waiting for i130
In your other post you mentioned you had kids. Proof of their enrollment in an aussie school would help as well. When you travel try to bring as much evidence of your ties to AU as you can. Good luck!!
celinayfranFemaleArgentina2012-07-26 18:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs it ok to email 3032?

Nope just cut and paste and fill in the needed information. Be sure to read and fill. izzy pizzy.


Worked like a charm for us :thumbs:
We used the template that the other user provided and sent it in the email body, not attachment. Double check that all info is correct.
celinayfranFemaleArgentina2012-07-26 18:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS and IV BILL!!!!
Dont wait fo rthe mail, just keep checking online, login into the system until you see the AOS bill has been generated.
celinayfranFemaleArgentina2012-07-28 10:22:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS and IV BILL!!!!
ohhh and emailing the DS 3032, takes about a week to process and then you should recieve an email, although I would just keep checking online ot see if the IV fee has been generated:) After you pay and print your ready for the next step. Dont wait for the packets, all the forms and instructions can be found online.
celinayfranFemaleArgentina2012-07-27 19:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS and IV BILL!!!!

Definitely appreicate that information. Im going to call back to get the invoice number. Hope they dont give me a hard time. fingers crossed.


Should be super easy, just hit 5 when you call to be transfered to a human being, tell them you have a case number and need the invoice number. It was actually the operator I asked to clarify the next step, she told me the AOS bill could be paid right away BEFORE sending the DS 3032 :dance:

You will also want to provide them with the petitioner and beneficiary´s email.
celinayfranFemaleArgentina2012-07-27 18:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS and IV BILL!!!!
Once a NVC case number is assigned the AOS fee is generated right away. However, before the IV fee is generated you do need to send the DS 3032 choice of agent form. You will need the NVC Case number and Invoice number to log in and pay. Once you pay it takes 1-2 days for it to show as PAID.
MAke sure and print both AOS and IV bar coded cover sheets. GOOD LUCK!!!

Heres the template to email the DS 3023, worked like a charm for us!!
http://www.visajourn...il_DS-3032_form
celinayfranFemaleArgentina2012-07-27 18:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHelp please! one quick question

Thanks for your help but what does "CON EXCEPCION AL CODIGO PENAL 51" mean? his police certificate says " CERTIFICADO DE ANTECEDENTES PENALES, aRT.8 INCISO F) lEY NRO,22.117..) is that the correct one??



Correct BUT IT ALSO NEEDS TO BE "CON EXCEPTION AL CODIGO PENAL 51", which is clearly specified on the DOS website under country specific requirements. I have no idea what it means, dont really care, all I know it is required otherwise your Certificado de Antecedentes Penales WILL NOT BE ACCEPTED. When my husband went to the Registro de Antecedentes Penales, they knew exactly what we were asking for. As I mentioned I have seen many argentinos delayed for this specific requirement.
This certificate also needs to be legalized by the Ministerio de Relaciones Exteriores. Trust me on this one!!
celinayfranFemaleArgentina2012-08-03 01:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHelp please! one quick question
Here is another great guide to help you to better understand the process. This helped me alot!
http://www.visajourn...p/EZGuideSpouse

thanks, the IV has been paid already. But since he has his photos, and all the original documents, he will send it but he cant send copies of his birth certificate and marriage certificate? Did you print the bar-coded cover sheet? Copies of Origial/Certified Birth Certificate, Marriage Certificate and Police Record are only needed for the 1 photocopy set of all civil documents that goes with the IV packet.


IMPORTANT: Certificado de antecedentes penales has to be ordered "Con excepcion al codigo penal 51" or it WILL NOT be accepted. This is a tricky one and I have seen a few people get delayed for this.

SUERTE!!!
celinayfranFemaleArgentina2012-08-01 22:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHelp please! one quick question

True but since he has to sign the forms, that means he has to send it sign I can't sign for him correct or do I leave it blank for him to sign at the interview



Important that the beneficiary signs ONLY part 1 and DOES NOT SIGN Part 2.

At this point the IV and AOS become 2 seperate processes. Im my case I sent the IV packet first which has been recieved and processed. My AOS packet is stll in route...Correo Argentino, probably the slowest on the planet :rofl:

Check out this NVC flow chart:
http://www.visajourn...wchart_v1-2.pdf

VAMOS ARGENTINA!!!!!!!!!!!!! :thumbs:
celinayfranFemaleArgentina2012-08-01 22:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS-230 "All visits to the United States
By transits do you mean like connecting flights or layovers? If so, I dont thing they are necessary. List actual "visits" where you were stamped into the country and went through immigrations. I agree with the above, its to see if your hiding a denied entry or overstay, but mainly for general info. For the trips on previous passports just be as accurate as you can :thumbs:
celinayfranFemaleArgentina2012-08-04 20:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFlexibility with picking interview time
My husband I were not ready to depart for the US until well over a year from the NOA2 date (He is finishing his degree). So we took our time at NVC in order to accomodate our moving plans. NVC gives you a year time frame to continue with the process. If they receive no correspondance whatsoeverfor for a year is when they begin the withdrawl process. Every countries time frame, and each case is different. Check timelines for Egypt. Give yourself the time you need but not too much:)) If our timing works out as planned we will be departing for the US close to the 6 month mark. Good luck!!
celinayfranFemaleArgentina2012-08-04 20:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCHOICE OF ADDRESS AND AGENT, DS-3032
Email worked great for us and yes its faster. Processes in like a week :thumbs:
celinayfranFemaleArgentina2012-07-31 20:22:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS-230
An original signature on Part 1 is a must. She can download the form herself online, fill it out, print, sign part 1 and send the entire IV packet directly to NVC, if she has all documents.
celinayfranFemaleArgentina2012-08-14 14:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS 230
Yes. The only thing is that you ONLY SIGHN Part 1, DO NOT sign Part 2.
celinayfranFemaleArgentina2012-08-19 20:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPLEASE HELP!!STUPID NVC requesting forms we already submitted!RFE!

Yup, I'm a thinking it's time to help train up the NVC Reviewers for these new documents.


I just went through this same process myself very recently and was speaking from personal experience in dealing with the same country where I have lived for almost 5 years. My paperwork was processed very quickly with no delays or problems whatsoever.
I provided the OP with specific government links, US and Argentine that provide country specific information.

The OP did not have the documents legalized. That was the reason for the RFE.

Edited by celinayfran, 19 August 2012 - 08:44 PM.

celinayfranFemaleArgentina2012-08-19 20:37:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPLEASE HELP!!STUPID NVC requesting forms we already submitted!RFE!

Dont want to sound stupid but let me understand because im gathering all this docs for my IV packet....Im from Capital as well, so we have to get the BC, MC and police record legalized by Ministerio de Relaciones Exteriores?


Correct. In this thread you have the address and a link to their website.
celinayfranFemaleArgentina2012-08-18 14:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPLEASE HELP!!STUPID NVC requesting forms we already submitted!RFE!

Sometimes taking shortcuts costs us time instead of saving time. I doubt they'll accept a police report that was downloaded, as it will not have a seal or stamp.


I agree. Something about the downloaded and printed Police Certificate that doesnt sound right. But they will let him know at the Ministerio de Realciones Exteriores. The whole point of Legalizing a document is verifying the original stamp/seal/signature and the authority of the person who signed it.
celinayfranFemaleArgentina2012-08-18 11:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPLEASE HELP!!STUPID NVC requesting forms we already submitted!RFE!
Your welcome!! Dont fall over but a pdf wont do, you need original/certified. I know the NVC already has them but you need the originals legalized, there is no way to legalize an original doc that you dont have. He can try with the pdf and explain but you know how they are here. Play it safe, get them both. Police Certificate can be expedited quickly for a few extra pesos.
Good luck!!! :thumbs:

Btw, Ive been here for 4.5 years, its complicated but I have to say that Argentina has been good to me too (L)
celinayfranFemaleArgentina2012-08-17 19:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPLEASE HELP!!STUPID NVC requesting forms we already submitted!RFE!
Your welcome!! Dont fall over but a pdf wont do, you need original/certified. I know the NVC already has them but you need the originals legalized, there is no way to legalize an original doc that you dont have. Play it safe, get them both. Police Certificate can be expedited quickly for a few extra pesos.
Good luck!!! :thumbs:
celinayfranFemaleArgentina2012-08-17 19:38:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPLEASE HELP!!STUPID NVC requesting forms we already submitted!RFE!

NVC AND ARGENTINA GET ON MY NERVES.


:rofl: Join the club girl!!! Although I must say NVC was good to us :yes:
celinayfranFemaleArgentina2012-08-17 19:03:00