ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresBirth certificate & National ID for Iranian
You may want to apply for an identity certificate right away. If you don't get it before you reach the NVC stage, you may want to go ahead and submit what you have - with a note stating you have applied for the identity certificate.

Here is the official word on what they will accept:

Documents

Birth Certificates

Unavailable.

Identity certificates (Shenasnameh)

Available. Identity certificates (Shenasnameh) showing the date and place of birth, parents' names, place of residence, and marital history where appropriate, are issued to Iranian nationals in urban centers by the Department of National Registration and Statistics (Edareh Sabt Ahval va Omar) and in rural regions by district (Bakhsh) offices of the Department. These are accepted by the Embassy in lieu of birth certificates for visa purposes. Information contained in these certificates must be evaluated with the understanding that certain data, particularly dates and places, may be inaccurate. No official fee is charged for delivering documents to the applicants. When these documents are requested from abroad, an indefinite waiting period should be expected before a reply is received.

Birth or baptismal certificates emanating from ecclesiastic authorities of the church to which non-Moslem applicants belong are frequently of doubtful value. Moslem ecclesiastic authorities in Iran issue no documents to visa applicants.

One other thing - when you submit your documents to NVC, be sure to submit a copy of your Canadian citizenship card, not sure if you are aware that you need to do this, so thought I would mention it.

Edited by trailmix, 27 May 2010 - 11:56 AM.

trailmixFemaleCanada2010-05-27 11:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSeeking advice on NVC and speeding up the Visa process
Hi,

You can go ahead and pay the affidavit of support fee, they don't have to be done in a particular order as they are completely separate.

I recommend you have a look at these shortcuts, gives you a step by step guide on how to get through NVC quickly.

http://www.visajourn...he_NVC_ShortCut

Good luck
trailmixFemaleCanada2010-05-30 23:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSerious Affidavit of Support questions! Help Please!

Sorry to not be clearer in my response. She is talking about writing a letter stating that she was not required to file a tax return. I'm not convinced that there was no filing requirement on her part. But I will state again. I have no idea if the USCIS cares. I just know that if she was self-employed, the IRS does care. So, advising her to look up filng thresholds as IF she had W-2 wages may not be the best advice. Full disclosure, I am a tax professional, but I no longer do individual returns, so I am NOT looking for business.


That's a good point, I see what you are saying. I would imagine that USCIS does care, or they would not request that you write a note stating why you were not required to file taxes.

So whether she is self employed or not is important here.

I have zero knowledge of how the IRS determines whether or not a person is self employed or not - more to it than receiving a W2 no doubt, however i'm going to drop out of this thread.

Lady, I suggest you call the IRS and give them the details, or, as ann and aties said, see a tax professional to determine what your tax situation should be. Good luck.
trailmixFemaleCanada2010-06-03 11:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSerious Affidavit of Support questions! Help Please!

All the above answers imply that she was receiving a W-2 for being a nanny and is not considered self-employed. The threshold for self employment is much much lower, not because of income tax but is self employment tax (which is social security tax). But I don't know if the USCIS cares about that, but the IRS does. My opinion, see a tax professional.

Sorry, above should say "not because of income tax but because OF self-employment tax"


See a tax professional to fill out the I-864?

I may be wrong but I think you are making this much more complicated than it needs to be.

Edited by trailmix, 02 June 2010 - 08:17 PM.

trailmixFemaleCanada2010-06-02 20:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSerious Affidavit of Support questions! Help Please!
The letter is ok, however you can't state the figure of 9,350, that ladynthetramp quoted, as this does not apply to all years.

What you need to do is look up the previous years 1040 instructions for 2007. 2008 and 2009.

The previous years forms are here.

So for instance, for 2007, if you filed married filing separately, the cut off amount (see page 6 of the instructions) was 3,400. If you were not married in 2007, then look at the cutoff for filing single, that amount in 2007 was 8,750.

You need to:

1. Look at the 1040 instructions for each year
2. Find the status that would apply to you for that year (single, married filing separately etc)
3. Find the cut-off figure
4. Include that in your letter

So it might read something like this:

I did not file taxes for the past 3 years as my gross income was less than the cut-off figure for filing:

2007 (single) 8,750
2008 (married filing separately) $amount
2009 (married filing separately) $amount
trailmixFemaleCanada2010-06-02 14:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 and I-864a package - is this OK?

Thank you.

How can I prove they live together? They have a mailing PO BOX address which all mail goes to, but their residence is different? Maybe a notorized letter from the sponsor, together with bills going to the same PO BOX?


That sounds good.

Just a note that a 'business' can't sponsor an immigrant, only a person can, so the individual income or land value might be key here.
trailmixFemaleCanada2010-06-06 11:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhere is the Canada/Canadian forum?
Hi and welcome,

The Canada forum is here:

http://www.visajourn...orum/93-canada/

To find it in future, just scroll down the main Forums page (link at the top left hand side of this page) to Regional Forums, it is listed there :)
trailmixFemaleCanada2010-06-10 19:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresLingChe NVC Shortcut Guide question...
The link the OP is referring to takes one to the NVC page.

If they get it mid-change, per your example, it should not be a problem.

You can go ahead and fill it out now if you like. Before you send a form you will want to check to see if there is a newer version, if they have a newer one available you should use that one.

Edited by trailmix, 11 June 2010 - 10:22 PM.

trailmixFemaleCanada2010-06-11 22:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIR-1 for my Child, only to Naturalize her

trailmix:
thanks for your reply.



dont you think this bit will apply to those who are applying for Adjustment of Status. I guess for an intending immigrant this bit cannot apply.

Thanks


Well actually it can. Once the parent crosses the border with the child, then they are, in effect, residing with the child in the U.S. - it's the 'permanently' part, for you, that may be a problem. I'm not sure.

For instance, my Nephew immigrated to the U.S. with my Sister (who is a U.S. citizen), they went the whole I-130 route, as you would be. The only difference is they actually were living in the U.S. at the time. Still had to cross the border, do the whole port of entry thing.
trailmixFemaleCanada2010-06-12 18:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIR-1 for my Child, only to Naturalize her
Domicile is one of the requirements of the I-864, however, in the case of your Daughter, she is exempt from requiring a sponsor.

Have a look at the I-864W as this is what you will file instead.

2. Intending immigrant is a child who will become a U.S. citizen immediately upon entry under the Child Citizenship Act of 2000 (CCA). Under the CCA, some children become U.S. citizens immediately upon admission to the United States or adjustment of status to that of a lawful permanent resident.

Now the challenge here is that one of the requirements to use the I-864W is that:

"The child is residing permanently in the United States in the legal and physical custody of the U.S. parent"

Now whether or not that means a short visit to establish her citizenship is good enough, I don't know, but I thought I would pass along this bit of information. I'm sure someone else will be able to give you more information, good luck.

Edited by trailmix, 07 June 2010 - 01:31 AM.

trailmixFemaleCanada2010-06-07 01:30:00
IR-1 / CR-1 Spouse Visa Process & ProceduresObtaining a green card for my husband while in Canada
Hi,

Another alternative, to assets, is getting a joint sponsor.

But does that mean that under annual income, i'd actually put $0 since I don't actually make any money currently in the U.S.? It seems odd since I do have an income right now, but can't carry the job over to the States once I move there (since it's a Canadian company).

No, you won't enter zero. Even though your gross income on your U.S. tax return will show your income as zero (because you will be using form 2555 to take the credit) on the actual affidavit of support (I-864) you will enter your gross Canadian income converted to U.S. dollars. Just use an average exchange rate for the year in question - from a site like xe.com, for instance. Your income stated on your 1040 must match what you put on your I-864.

Oh and you cannot submit the I-864 until you file your U.S. taxes - it is a requirement.

As for domicile, would having an American bank account and voter registration be enough?

As Darnell mentioned, this won't be sufficient.

I get the feeling that would have to move to the U.S. before my husband is eligible to move there which again is a bit disheartning and hurts the finances a bit. I would think other people would have been in my shoes previously. Can anyone tell me about their experience?

If you read the thread at the link Darnell provided you can read lots of reviews and experiences.

Penguin_ie, I was just looking at your timeline and you were able to have your interview 13 days after you sent in your DSC-230. That seems remarkably quick. I've been told it would be 4 to 6 months. Am I missing something?

Right now Montreal is averaging around a 3 month wait, from the time you send your completed paperwork to them to interview.

Check out the Montreal timeline to interview thread to get a better idea.

Edited by trailmix, 14 June 2010 - 01:01 AM.

trailmixFemaleCanada2010-06-14 00:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresObtaining a green card for my husband while in Canada

If the poverty guideline is $18,212, does this mean that you only need to show $54,636 of assets if you have no income?


Yes that is correct, if it is just you and your spouse that you are sponsoring.
trailmixFemaleCanada2010-06-14 00:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDO i need to send Tex return copy Though i am unemployed since 3 year
The answer to your question is on page 8 of the I-864 instructions:

"If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation".
trailmixFemaleCanada2010-06-15 12:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCrazy RFE - Affidavit of Support
You don't put the amount from the W2s or the job letter - you take the amount from his tax return. The amount on the tax return and the amount on the I-864 must match.

"For purposes of demonstrating means to maintain income, the determining income amount is the income, before deductions, on the sponsor?s income tax return. In other words, income means an individual's total income (adjusted gross income for those who file IRS Form 1040EZ) for purposes of the individual's U.S. Federal income tax liability, including a joint income tax return (e.g., line 22 on the 2005 IRS Form 1040, line 15 on the 2005 IRS Form 1040-A, or line 4 on the 2005 IRS Form 1040EZ or the corresponding line on any future revision of these IRS Forms)". link

Edited by trailmix, 22 May 2010 - 10:00 AM.

trailmixFemaleCanada2010-05-22 09:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisiting My Husband While Awaiting for Green-Card/Spouse Visa

Also I am wondering, can I still work in Canada until I get my Green Card to go to the US ? I have heard people say that your status is in "limbo" once you apply for the CR-1, but I don't know how true that info is.


Hi,

Also, even after you become a permanent resident of the U.S., or later on if you decide to get U.S. citizenship - that does not change the fact that you are a Canadian citizen. You are free to enter Canada as a Canadian at anytime - to work or play.

I can't imagine anyone telling you what they did - that is an amazing bit of misinformation.

Edited by trailmix, 18 June 2010 - 04:47 PM.

trailmixFemaleCanada2010-06-18 16:38:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSurrender and re-apply?
Well I think the first thing you have to look at is item 2 - do you try to enter the U.S. using your greencard.

I'm sure you have looked at the criteria for maintaining permanent residency:

Abandoning Permanent Resident Status

You may be found to have abandoned your permanent resident status if you:

- Move to another country intending to live there permanently
- Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
- Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
- Fail to file income tax returns while living outside of the United States for any period
- Declare yourself a ?nonimmigrant? on your tax returns

Now I don't know how many of these apply to you, perhaps all?

Anyway, i'm no expert on this, but I don't think you will know if you can just enter using your greencard unless you try. It says you "may" which leads me to believe it's open for interpretation. The border guard on the day will make that call, I believe.

As to your other questions - I don't know about surrendering the green card, as for the additional info - you can't submit it until Montreal requests it from you, with DCF that generally takes a couple of months - even then, they will only want the DS-230 part 1, the rest you will take to the interview. Once submitted you are looking at a 3-4 month wait for your interview in Montreal.

Edited by trailmix, 18 June 2010 - 04:09 PM.

trailmixFemaleCanada2010-06-18 16:08:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUrgent questions about I-864

thanks for all your replies, my husband is currently in the prison. He's a lifer and we got married in the prison at last year. So it's why we want to try apply fee waive.

ALso, I do have another question I asked before but I stil didn't get the answer yet...the question is.....at the top of right hand side (I-864), it has a number: OMB No. 1615-0075; Expires 10/31/10, does it mean this form only valid until 10/13/10? After that date, I cannot submit this form???


Forms are changed and updated from time to time. On the day you are submitting the I-864, check to see if there is a newer version. If there is not, then send in the one that you have.

ie: always use the latest version provided.
trailmixFemaleCanada2010-06-21 11:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNeeding advice
Hi,

You may or may not get a choice about whether you pursue the K3 or not, as mentioned above. As of February of this year, if the I-130 petition and the I-129F petition reach NVC at the same time (and they generally do) the I-129F will be disregarded.

Also, if you do send in the I-129F, you may in fact be slowing yourself down, once it arrives it has to be matched up with your I-130 and it has to be processed, so that is worth considering.

With the CR1 - you are work eligible immediately, you get a 2 year greencard and you have to apply to lift conditions after 2 years, but there is no adjustment of status as there is with the K3.

Montreal is slow, once your I-130 petition is approved and you do all your paperwork with NVC, it will take 3-4 months before you will get an interview. Plan on it taking from 8 months to a year.

Prepare yourself for NVC now, ensure you have a copy of your long form Canadian birth certificate, in about 2 months, go ahead and get your police check.

Have a look at the NVC shortcuts guide here at VJ:

http://www.visajourn...he_NVC_ShortCut

Might also want to look at the VJ Wiki Canada page:

http://www.visajourn...ndex.php/Canada
trailmixFemaleCanada2010-06-21 17:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresJust Got Married, Now What?
How do you know that? She stated she was denied entry once, odds are they DO have a record of that.

I agree that we must take this at face value - the intent portion, just pointing out that records are kept, generally, when you are denied entry.

KG0411 - congratulations on your wedding, do read the guides and i'm not sure if anyone has mentioned yet that you cannot leave the U.S. until you get either your greencard or advance parole, whichever comes first.
trailmixFemaleCanada2010-06-22 20:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresG-325a Help Emplyoment History

Thanks a lot. Saved me a headache I suppose haha.

The other question I have is for the Details on employment. Do I have to state the Full address as well because there is not enough room, I shortened it.

I believe so... As far as the I-485 goes. I haven't seen that in the CR-1 Guide but i'd just suppose that it was required.

The only other thing i dread is the Affidavit of Support... I was gone for 2 years so that's 2 years i wasn't making an income. My current job supports her and her child. I have been supporting them now while she waits.


Hi,

No, the I-485 is not used in a CR1 application, the other poster must have confused you with someone applying for an adjustment of status.

As long as your current income supports your household of 3 at the current poverty guidelines at 125%, there should be no problem with the I-864.
trailmixFemaleCanada2010-06-23 20:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPolice Certificate
From Instructions for Immigrant Visa Applicants - Civil Documents:

Note: Present and former residents of the United States should NOT obtain any police certificates covering their residence in the U.S.
trailmixFemaleCanada2010-06-24 12:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNEED HELP PLEASEE!!!!!!

I am doing it through electronic Process and when my wife called the NVC. She was told that they cant see what documents were recieved they can only see what information they need or was missing. We send the AOS package electronically and got auto response. AOS package included I864-form for my wife I864 form for my joint sponsor and all his tax info as well as job letter and passport copy. I dont know why would they want job letter from my wife when it clearly states on the I864 form that she is unemployed. I was thinking to send they whole package electronically again so they have everything... its better to send twice than not send all the info right... hope this helps


Did you send any tax return information for your wife? She is unemployed - was she unemployed last year (2009), if so, disregard this question.

I would double check you have included everything they need, then you should resend, yes.
trailmixFemaleCanada2010-06-24 21:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNEED HELP PLEASEE!!!!!!

My wife sent in the AOS package with co sponsor info everything was in the email. we recieved an email from NVC that they need my wife's i864 FORM again and need proof of income but we already sent in that info and my wife is unemployed so on I864 form it says unemployed. I am sooooo confused :(

need help !!!! called NVC and she said that she cant see the stuff i sent them and the supervisor will look into this which can take another few weeks :( should i send the whole package again????


Not enough information to answer your question really.

Did they say they have not received the I-864? If so, when did you send it, did you track it?

If you did send it, what documents did you enclose with it?
trailmixFemaleCanada2010-06-24 18:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresK3 Process - A Nightmare So Far... Any Advice?

OBX - you said "Photocopies are sufficient for USCIS but NVC does require originals or certified copies." As I stated, please send copies (certified copy is still a copy) instead of originals always.


Well in everyday language, when someone has a 'copy' of something, they mean a photocopy - since you can't use a photocopy for NVC, it does need clarification.
trailmixFemaleCanada2010-06-24 18:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPossible Huge Development in Translations at NVC
Hi,

It has been that way for years, however this is, again, one of those consulate specific things.

For instance, the Canadian Consulate in Montreal requires that birth certificates in French be translated to English, even though French is one of Canada's official languages.
trailmixFemaleCanada2010-06-25 13:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMontreal Interview Question

But what I was wondering is this, do you think they (the Consulate) will interview my son as well?


They might ask him a few questions, general chit chat, like, are you looking forward to moving to the U.S. - they aren't going to grill him :)

I have never read a review from the Montreal consulate where they took the child(ren) and interviewed them without the parent.

Edited by trailmix, 27 June 2010 - 10:29 AM.

trailmixFemaleCanada2010-06-27 10:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNeed some help, please
From the I-864, page 6

Proof of U.S. citizen or national status includes a copy of your birth certificate, certificate of naturalization, certificate of citizenship, consular report of birth abroad to citizen parents, or a copy of the biographic data page of your U.S. passport.

I don't know the answer to your bank account information - it's consulate specific.

However I am wondering why, if your Husband's sponsorship is sufficient, why are you bothering with the hassle of a joint sponsor and proof of your cash assets.

Edited by trailmix, 28 June 2010 - 11:48 AM.

trailmixFemaleCanada2010-06-28 11:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI864A Question
If he can show 5 times 125% of the poverty guidelines in assets, for his household size, that should be fine.

Different consulates look at the affidavit of support differently though. Sometimes they want to see a bigger picture. It would probably be to your advantage if you can bring some proof of income.

Regardless - he must provide, at least, his tax return for last year.
trailmixFemaleCanada2010-05-30 00:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSome basic ?'s
Yes, totally optional to attend the interview in Canada, many spouses don't attend. For Montreal there is no courier fee but you must bring an expresspost envelope (the biggest they sell) and take that with you to the interview, addresses to yourself (well to the beneficiary)

The medical fee is over 200 dollars here, depends on where you go.

One thing you can do now, if you haven't already, is get a confimation of all of the beneficiaries vaccinations that are required. They will need this to take to the medical.

Info on which vaccinations are required, by age, can be found here, along with other info about the medical. This is the website for the panel physician in Montreal/Toronto:

http://panelphysicia...munizations.htm

Here is the page which gives information on the DS-230 - in particular you will want to look at the list of civil documents the beneficiary will need to obtain to send with the DS-230:

http://travel.state..../info_3190.html

As for the I-864, pretty much all the info you need is in the instructions on the actual form.

Edited by trailmix, 03 July 2010 - 10:11 AM.

trailmixFemaleCanada2010-07-03 10:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCrossing the border after filing I-130

Hi there,
I am finally sending off my I-130 papers to bring my Canadian husband to the USA. I am just wondering if he will have issues crossing the border to come visit me during the whole visa process. We have been going back and forth for 11 years and lived together in Canada for 5 years and never had any issues. Would like to hear anyone elses experiences with this. Thanks in advance!!!


Hi,

The fact that you have now filed your petition should have zero to do with whether you are allowed entry or not. In fact, once you get your NOA1 (Notice of Action from USCIS, basically a receipt that says you have filed) take that as proof as well - that you are aware of the immigration laws and you are not trying to circumvent them. The onus is always on the traveller to provide proof of ties to Canada regardless.

That said, some border guards are confused and think you can't enter because you have filed a petition.

That's somewhat rare.
trailmixFemaleCanada2010-07-05 16:08:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHELP !Police Certificates!!!

No, at my local police station because I was following what it said on the Dept Of State website. Im calling today and asking what they want!.


You can have it done at your local police station or with the RCMP, however, regardless of where you get it from it MUST state that the "Canadian Police Information Centre (CPIC) or the national criminal records repository was searched using the applicant’s name and date of birth" link

If it does state either of these things and they are rejecting it then, when you call NVC, you need to ask to speak with a supervisor.

Question, was the request for information your received only asking for police cert info, or was there a request for some other information?

I ask because, if you filled in any of the dates of residence lines incorrectly they throw in the police certificate info just to make you aware that you might need additional certificates as well.

Edited by trailmix, 05 July 2010 - 04:53 PM.

trailmixFemaleCanada2010-07-05 16:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAbout to file my cr1! Insider tips?
Hi and welcome,

If you are concerned about missing something you might want to post what you are sending and then people can double check it for you.
trailmixFemaleCanada2010-07-02 00:44:00
IR-1 / CR-1 Spouse Visa Process & Procedurespolice certificate overseas needed for interview?
According to my math - February 2000 to January 2001 is not 12 months, it is 11. The instructions say "lived in a different country for more than 12 months". That's the first thing, the second thing the DOS instructions state "Post recommends that consular officers waive the general requirement to obtain police certificates unless the applicant lives in the UAE" - as you mentioned.

You have three options:

- Try to get the certificate
- Worry about the certificate, even though the two sources state you don't need it
- Ensure you have the documentation from these two sources printed out and take it with you to the interview

Good luck.

Edited by trailmix, 18 April 2010 - 11:56 AM.

trailmixFemaleCanada2010-04-18 11:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Income Question
Hi,

Some of this stuff is consulate specific, however in general:

- If you send IRS transcripts you do not need to include slips like W2s and 1099s. If you send in the actual tax return(s) then you must send in the slips to support that.

Don't worry too much about 2008. First of all you are only required to send the latest tax return (2009) - however the future immigrant should have the other two years with them at the interview, in case they are asked for.

They just look at past returns if they want an overall picture of your financial history - again, don't worry too much about the 2008 return, your current and 2009 income is more than sufficient.



-
trailmixFemaleCanada2010-07-08 11:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS 230 Submission Requirements
nm

Edited by trailmix, 04 April 2010 - 03:46 PM.

trailmixFemaleCanada2010-04-04 15:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCriminal Record
Yes, you always want to be honest. :thumbs:

Funnily enough I was reading a thread a few days ago. Canadian citizen, now in the U.S. adjusting status, had been arrested in her youth at least 3 times, for being drunk.

She answered on the form that she had never been arrested and seemed quite flip about it - but to each their own.

Do they know? Hard to say, probably not - but they do know about things you wouldn't expect them to.

I'm no expert on this subject at all, there are people here who have criminal records who have successfully done a K1 or CR1 visa etc - there is a waivers forum here on VJ, if you want their opinions you need to give details of what she was charged with.

Edited by trailmix, 16 April 2010 - 07:01 PM.

trailmixFemaleCanada2010-04-16 18:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCriminal Record
Yes she should. It asks if the applicant has ever been arrested, she has.

Also, I assume she obtained the fingerprint version of the criminal record check? She can't just use the 'name check' version, since she has had a conviction.

You will also need the court records.

Check out this page at the Dept. of State - scroll down to "Police Records" - you will want to read that as well as the "Court Records" section under that.

Good luck.

Edited by trailmix, 16 April 2010 - 06:52 PM.

trailmixFemaleCanada2010-04-16 18:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1 Visa Granted through DCF -- what next?
Most consulates require you to have something other than visitor status and most require that you have been in the country for six months.

This appears to be the case in Taiwan:

Immediate Relative Immigrant Visa

U.S. citizens residing in Taiwan may file immediate relative immigrant visa (I-130) petitions at the American Institute in Taiwan (AIT). To file an immediate relative immigrant visa petition at AIT, U.S. citizen petitioners must be able to demonstrate that they have permission to reside in Taiwan, and have been doing so continuously for at least six months before filing the petition. Individuals who are in Taiwan on a temporary status, such as tourists or students, would not be considered to meet the residency standard.
trailmixFemaleCanada2010-05-29 14:41:00
IR-1 / CR-1 Spouse Visa Process & Proceduresdoes NVC accept laminated copies?
QUOTE (Scott and Mhay @ Nov 8 2009, 10:05 AM) <{POST_SNAPBACK}>
Yes but you CAN get notorized copies and that is good. Right? that would certify as it is a true copy.


No, no notorized copies. This is a common misunderstanding of the instructions and has cost many people an RFE, no doubt.

For details of what they accept for each country, chose the country name from the drop down list here.

You either get them an original or you go to the issuing authority, for instance this is the requirement for a birth certificate if you were born in the Phillipines:

Birth Certificates

Available. Applicants may obtain birth certificates at any NSO branch for a small fee. Relatives in the Philippines may obtain these documents or they may be obtained online. The NSO can also provide an index of all children born to an applicant.

A certified copy of a birth registration (less preferred) may be obtained from the local civil registrar at the place of birth. Local Civil Registrar records are often incomplete and it is often necessary to augment local birth certificates with baptismal certificates. “Affidavits from two disinterested persons” are generally considered unreliable but may be useful in cases where pre-war records are not locatable.

Frequently, certificates for births occurring since 1946 may also be obtained from the National Census and Statistics Office (NCSO), at the NSO East Ave, Diliman, Quezon City, Philippines. Certificates of birth before 1946 are maintained at the National Archives Division at T.M. Kalaw St., Ermita, Manila. Issuance of a birth certificate takes approximately five working days, for which there may be a fee, plus an additional fee if issuance is to take place within 24 hours, or if the document is to be printed on special security paper.

trailmixFemaleCanada2009-11-08 12:20:00
IR-1 / CR-1 Spouse Visa Process & Proceduresdoes NVC accept laminated copies?
Just to clarify on the photocopies vs originals or copies from the issuing entity - here is a link to the instructions regarding civil documents:

http://travel.state..../info_3195.html

Original Document Requirements
The applicant and each family member who will accompany the applicant to the United States will need to submit original documents or certified copies of the documents listed in this section from an appropriate authority (the issuing entity).
trailmixFemaleCanada2009-11-08 11:54:00