ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresIncome questsions.

I say debated since it seems that each consulate does not follow this, for example, we showed 3x and I have seen other VJ memeber who were required to demonstrate 5x... so I think that the application of this might be consulate specific. Also, the Italy embassy would not even consider my husbands assets in Italy even though they exceeded by over 15x the 125%, we had to put the 3x in an account in my name in the United States???


It could be consulate or even CO specific. As you have found, they don't always follow their own guidelines.

It's the same in Montreal for some things.
trailmixFemaleCanada2010-01-12 17:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIncome questsions.
Technically they only require the last return that should have been filed, so for instance, right now that would be 2008, by mid-April that will be 2009.

You should still have all 3 on hand at the interview - for yourself and your cosponsor.

Yes, they must be consecutive - per the 1-864 that asks for the last 3 - the figures you enter there must match 100% what is on each of the tax returns you have.
trailmixFemaleCanada2010-01-12 16:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling Taxes
I filed 'married filing separately'. Never bothered to go back and modify them - but you could once she has her SSN.


trailmixFemaleCanada2009-12-16 22:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCanadian Married 9 years to American want to move to America
Hi and welcome,

Here is the official word:

Entry to the U.S. while Petition is Pending link

All persons traveling to the U.S. as visitors or students, Canadian or other nationality, under U.S. law are deemed to be intending immigrants and thus inadmissible for temporary purposes until they have an immigrant visa in hand. The burden of qualifying for any visa for entry to the U.S. rests solely with the applicant. Entry to the U.S. is solely up to a Department of Homeland Security/Customs and Border Protection (DHS/CBP) officer at the Port of Entry. While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S.
trailmixFemaleCanada2010-01-13 14:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresProcessing through Montreal

Sorry...forgive me...we want to get married in May....and file thereafter. ...whats regular or DCF?????


Hi and welcome,

DCF = Direct consular filing. This may be available to you if you both currently live in Canada. If not, it will just be regular processing.

To get an idea of a timeline at Montreal, you may want to have a look at this thread:

Montreal timeline to interview thread in the Canada forum
trailmixFemaleCanada2010-01-14 15:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestions about SSN with IR-1 visa

I just have a few questions maybe those who have already been through the process or already know can answer. My wife's interview for her IR-1 visa is scheduled for Feb. 10th and I just have a few questions:

We specified on the DS-230 that we wanted the SSA to issue an SSN and card. Will she receive that with her visa or will it arrive in the mail at my address here in the US?


Yes, as mentioned it will be mailed out. However, if she hasn't received it in 2-3 weeks, I would recommend you go and apply in person - the 'automatic' issuance doesn't 'take' sometimes :)
trailmixFemaleCanada2010-01-15 14:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDocuments needed?
Hi,

Yes, you can fill out and sign the DS-230 part 1 (you don't sign part 2 until the interview).

You should read this NVC guide, it will help you to know what you need for documents etc - so you can have 100% of it prepared and ready to send out when you get to NVC.

http://www.visajourn...he_NVC_ShortCut

You may also want to consider doing Electronic Processing for NVC, this is now offered for Montreal:

Department of State Guide:

http://travel.state..../visa_4409.html

Visa Journey Guide:

http://www.visajourn...onic_Processing

Edited by trailmix, 16 January 2010 - 12:57 PM.

trailmixFemaleCanada2010-01-16 12:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarriage Registration: India / Canada
I'm not sure why you are concerned, if you are absolutey 100% sure that your marriage in India was not a 'legal' marriage (in the eyes of the government).

Perhaps this will help, this is the description the Department of State gives in their reciprocity table, regarding marriage certificates from India:

Marriage Certificates link

Available. The Hindu and Muslim communities do not usually register marriages, however, marriages by Hindus, Buddhists, Jains or Sikhs may be voluntarily registered under the Hindu Marriage Act of l955. This Act does not apply to Muslims, Parsis, Jews or Christians, who may register their marriages under the Special Marriage Act of l954, or the Christian Marriage Act. Marriage certificates for marriages registered under these Acts may be obtained from the offices of Government Registrar of Marriages, which are located in the headquarters of each district. The certificate will be issued by the Registrar only if the bride and groom personally appear before the official and pay the required fee.

A certificate of marriage between Muslims is usually issued by the priest who performed the ceremony. The document is in the Urdu language, and a certified translation is required. Marriages between Christians are usually obtainable from Church records. If the marriage has not been officially registered, then two sworn affidavits giving the names, dates and places of birth of the bride and groom, and the date and place of marriage, as well as the names of the parents of both parties are acceptable. The affidavits must be executed by one of the parents of each party, or if the parents are deceased, by the nearest relative of each party who was present at the wedding.

Note: A document termed as "Marriage Agreement" or "Deed of Marriage" to live as man and wife (under the Registration Act of l908) is not confirmation of a marriage solemnized legally under the Indian Marriage Acts now in force. Such a document does not confer upon the contracting parties’ legal marital status under the law.
trailmixFemaleCanada2010-01-17 10:37:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Income HELP!!!

I had very low income and then was unemployed until i finally found a new job. Thats why i didnt file, will that be a problem?


No, should not be. As is stated in the instructions for the I-864, if you were not required to file a return for a year, you simply attach a note to the I-864 stating why you did not have to file.
trailmixFemaleCanada2010-01-20 17:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Income HELP!!!
Well, if he was not required to file returns, that might be ok.

You say you have no income tax returns, were you required to file but did not, or did you just have very low income?

If he has the assets to cover 5 times the 125% for the immigrant and any other dependants plus himself, they might well accept that - according to their guidelines.
trailmixFemaleCanada2010-01-20 14:37:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMistaken about the CR1, but still confused

His trip is a work trip and was not booked with the intention of marrying. The lawyer said plenty of people arrive here on a VWP and have a girlfriend or boyfriend here as well, and don't want to leave so decide to get married. It is all about intention, not about gaming the system.


Intention to get married there is completely beside the point. People from other countries go to the U.S. to get married all the time, nothing wrong with that. The point is entering the U.S. with the intent to immigrate on that trip (while circumventing the proper visa procedure).

I guarantee you, if your fiance gets to his point of entry and states to the officer "I am going to the U.S. for work, I will marry my fiancee while I am there and I will then adjust status" - he will not be permitted to enter the country.

I have heard this story over and over, where a lawyer tells the couple to do this. Maybe they know more than we do. However, if he is less than truthful when he enters the U.S. and this comes out during adjustment of status, he could incur a lifetime ban from entering the U.S. - this may not happen very often, I don't know, but the lawyer was remiss in not informing you of the risks as well as the benefits.

Edited by trailmix, 08 January 2010 - 11:50 AM.

trailmixFemaleCanada2010-01-08 11:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIR 1 - CR 1
You might also want to look here, this link will provide you with information on everything required, you will, in particular, want to follow the link entitled 'Applicant's Civil Documents'

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

If you are at all unsure of which document they want, you will want to look at the Reciprocity by Country information, just choose Canada from the drop down menu there:

http://travel.state....ocity_3272.html

Edited by trailmix, 21 January 2010 - 01:40 PM.

trailmixFemaleCanada2010-01-21 13:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI DON'T UNDERSTAND
Yes, on the attachment, you are welcome! :)
trailmixFemaleCanada2010-01-27 19:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI DON'T UNDERSTAND
:lol:

Yeah I do!

I meant with regard to the Austrian address, I would personally list that as well.

Yes, I think your idea, listing the actual 6+ month addresses on the form and then referring to your attachment for the others, sounds like a good plan.

Edited by trailmix, 27 January 2010 - 07:25 PM.

trailmixFemaleCanada2010-01-27 19:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI DON'T UNDERSTAND
:)

Personally I would list them all - but that's just me. If you are going to include info I just think it's a good idea to include all info.
trailmixFemaleCanada2010-01-27 19:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI DON'T UNDERSTAND

"There must not be any gaps greater than six months"

Top line is where I live now, and I put present.
We haven't sent our papers in yet, I just caught this thread and it sounds like I could get an RFE to for having a +6 month gap in my entries.
I entered my adress where I lived for 2 years in Germany, then for the coming 10 months there is nothing stated since I lived 3 months in Sweden, another 2 1/2 months in Germany, then 2 months in Sweden again and then 3 months in Austria. After that I have my present adress listed.
I'm just trying to figure out if I'll get an RFE if I send it in this way so I can make changes to it to avoid that!
But I'm not sure what changes I should make..
Should I add it to the attachment sheet I have in there, stating my less then 6 months adresses, explaining it or what should I do.
Would hate to get an RFE just because I followed the instructions and just put down the places I have lived for 6 months or more.


That's a good point yohino. If you only look at the form instructions, you would believe that the gaps are irrelevant - because, as you have both mentioned, it only states that you should list the places you have lived for 6 months or more.

In the RFE it says - There must not be any gaps greater than six months - personally? I would list every country I lived in and the dates. An attachment, noted on the actual form is a good idea I think.

Edited by trailmix, 27 January 2010 - 06:55 PM.

trailmixFemaleCanada2010-01-27 18:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI DON'T UNDERSTAND

So even if you haven't lived at one place for longer then 6 months,but the gap between the places I have lived for 6 months is longer then 6 months, I mean, if I lived at one place for 3 months,and then another place for 4 months right after, and then a place for 6+ months which I have filled in, what do I do about the gap in the middle?
Since it says to just list the places I have lived for more then 6 months?


Yes you are right, places you have lived for 6 months or more.

On the top line, what did you enter, is it where you live now? If so did you write from date to present

Did you remember to put the 'present' in there?

I can only guess at what the mistake is because I can't see what you entered on the form :)

Forgetting to put 'present' in that last line is a common mistake.
trailmixFemaleCanada2010-01-27 18:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI DON'T UNDERSTAND
It looks to me like you left a gap in the residency area.

You may or may not have to submit more police certificates. They put that in there in case you do. So for instance, let's say that you left a 12 month gap, by mistake. Let's say that in that 12 months you were living in Australia, but just forgot to write it down.

They are saying if that is the case and you haven't submitted all the police certificates you should have - send those too.

If that is not your case, just make sure you do not leave any gaps in residency and send them a new copy of the DS-230, Part 1.

Edited by trailmix, 27 January 2010 - 05:07 PM.

trailmixFemaleCanada2010-01-27 17:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPolice Certificates
Hi,

If you want to double check which police certificate you will need from each country, you may want to look at the Dept. of State reciprocity by country page - just select the country from the drop down menu for all the details:

http://travel.state....ocity_3272.html

Edited by trailmix, 28 January 2010 - 11:36 AM.

trailmixFemaleCanada2010-01-28 11:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1 advice,any chance of U.S entry?

Yes,we heard about co-sponsors and his dad would be ideal.

Yes thats the problem i need to be earning money due to my other half not being able to support me on his earnings alone,we could save but it would be easier for me to come back to the U.K and work for a year or so hence why we wanted to go the CR-1 route. :)


Hi,

You will just want to be careful with getting a CR1 visa then exiting the U.S. for a year.

Maintaining Permanent Residence link
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 US for more than one 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 US may be considered, even if it is less than one year.
Remain outside of the US for more than two 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 US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any period.
Declare yourself a “nonimmigrant” on your tax returns.
trailmixFemaleCanada2010-01-31 13:32:00
IR-1 / CR-1 Spouse Visa Process & Procedureshelp

ok
this is the letter


It means your case is now at the National Visa Center for processing. You need to send in the DS-230, as they stated, then the I-864 and DS-230, you will want to have a look at the Guides here (link at the top of the page).

Also, you should remove that document as it has all your personal information on it and it's not a good idea to post that here :)
trailmixFemaleCanada2010-02-01 12:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1 Application process, American Marrying a Canadian
Oh and one thing you can get now, if you don't already have it, your long form birth certificate, the one with your parent's names on it.

Edited by trailmix, 02 February 2010 - 01:58 AM.

trailmixFemaleCanada2010-02-02 01:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1 Application process, American Marrying a Canadian
Hi and welcome,

Few suggestions. Basically once you file the I-130 you will be waiting a few months. That gives you time to read the guides (including the NVC shortcuts redstarwarrior posted :thumbs: )

As he mentioned, that guide is part of the VJ site - it's the VJ wiki.

There isn't much you can do right now, however if you read that guide and get familiar with all the documents you will need.

You will need a police clearance from every country you have lived in, for a year or more, since you were 16. These certificates are good for a year only, so you want to pace that.

For Canada, the simple name check version will do, unless you have ANY criminal background, then you need a fingerprint version (which can take up to 3 months to get).

Check out the list here to see exactly which documents they accept. Good luck!

http://www.travel.st..._3531.html#docs

Edited by trailmix, 02 February 2010 - 01:54 AM.

trailmixFemaleCanada2010-02-02 01:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFor medical
Yes you do need one.

How you obtain that will depend a lot on two things, when you were born and where. Different provinces have different ways of keeping the records, although most places will have a 'public health department' of some sort.

For details of which vaccinations you will be required to have or show proof of, check this page out:

http://www.panelphys...munizations.htm
trailmixFemaleCanada2010-02-04 11:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNeed Birth certificate help please (Pakistan)!!!!!!!

I filed I 130 petition for my spouse, I have a question regarding a Birth certificate. Spouse was born in Saudi Arabia, never received anything from there, has been living in Pakistan for last 20 years and Spouse birth was recorded in mother passport at Pakistan consulate in Jeddah Saudi Arabia however Consulate of Pakistan will not issue a birth certificate because of the record is so old. I obtained a letter from union council in PAKISTAN stating that they are unable to issue a birth certificate because of no birth recorded in Pakistan. I have spouse mother old passport with name endorsed back at birth time. Please advise me of what other document should I obtained regarding birth certificate? What Document are acceptable by Islamabad Consulate in leiu of birth certificate? Is there anything I can get from pakistan? Where in pakistan? Need hellllllllppppppppppp!!!!!!


Don't know if this is helpful:

Birth Certificates Saudi Arabia Reciprocity Schedule

Available at time of birth. For persons born prior to 1968 in the western (Jeddah) and eastern (Dhahran) provinces and 1980 in the central (Riyadh) province birth certificates are not available. In lieu of birth certificates the nationality card (Tabiya) should be used.
trailmixFemaleCanada2010-02-03 16:36:00
IR-1 / CR-1 Spouse Visa Process & Procedures2009 Tax returns (for interview)

Since our interview will most likely be in early/late April, I'm wondering if it is required that I bring my filed 2009 tax returns. If so, do I need to show on the return that I'm married and filing either jointly/separately too? My wife hasn't even lived here yet, so in my accountants eyes he would just file me as "single" for the 2009 tax year, but if this is for immigration purposes then he would rather file me as "married" if it's going to be viewed by immigration officials for that purpose. It just get's messier apparently because then he has to count her 2009 income on my tax statement even though she worked in Canada and wasn't even living here. He say's I could owe a significant amount then depending on what her income is. Is the tax return really necessary for the interview or can I just bring pay stubs?

thanks,

J


Generally no, they won't need the 2009 return. I say generally because, the affidavit of support is supposed to be considered adequate from the time the form is signed. But in some cases they do ask for it. Pay stubs should suffice.

As for filing single or not - unless your wife made around 90k last year (Canadian dollars converted to U.S. dollars) then you should probably file married filing jointly - otherwise you may be missing out on some credits. I say around 90k because that is roughly the amount of her foreign income you would be able to exclude.

All that aside, why he would advise you to file 'single' - I have no idea - unless he meant 'married filing separately' - I doubt immigration cares at all how you file - but filing single is - well it's just wrong.

So you can file Married filing separately - or married filing jointly - but your accountant should work both scenarios before telling you that it will have you owing money. Since she doesn't have an ITIN or SSN yet, I assume, you could file married filing separately now and amend the return later if you are in a hurry to file - otherwise you could apply for an ITIN when filing the joint return.



Can someone please answer me? My husband (he's the US citizen) and I have just filed the I-130 in January and received our NOA1, but what worries me is the fact that he didn't file for his tax returns in the last 3 years. What will happen with that and how can we make it right?


Can't answer this as you did not tell us why he didn't file. Did he file because he didn't have to - or was his income very low? Or did he not file because he - just didn't.

The answer to this is on the I-864, page 6, item 25, paragraph 6. You should really read all the instructions on the form before proceeding.

Edited by trailmix, 06 February 2010 - 12:16 PM.

trailmixFemaleCanada2010-02-06 12:14:00
IR-1 / CR-1 Spouse Visa Process & Procedureswedding in US - what to say at border
All you can do at the border is tell the truth really.

I assume you will be bringing strong proof of ties to Canada with you, a lease, letter from your employer stating when you are returning back to work, utility bills with your name on it etc etc.

That said, it's always up to the officer at the border on the day.

Advantage to Vancouver - you don't have to cross the border!
trailmixFemaleCanada2010-02-06 17:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresJust out of curiousity

Just out of curiousity and maybe a little confusion. I was going through the forums like the awesome vjer gal and saw a few timelines where someonw had filed an i-130 then a few days later sent an i-129 in. is this for k-3 visa or something?


Hi,

Yes. For the K3:

What do I need to do to receive a K-3 visa?

1. You must first file an immigrant Petition for Alien Relative, form I-130 for your spouse with the U.S. Citizenship and Immigration Services (USCIS) Office that serves the area where you live. The USCIS will send you a Notice of Action (Form I-797) receipt notice. This notice tells you that the USCIS has received the petition.

2. You next file Petition for Alien Fiancé(e), form I-129F for your spouse and children. Send the I-129F petition, supporting documents and a copy of the Form I-797 receipt notice to this Department of Homeland Security USCIS Address on their web site.

This is the new information regarding K3 visas:

How will the Department of State process my K-3 visa petition?

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

The nonimmigrant K visa will be administratively closed.
The application process explained below will not be applicable and cannot be used.
The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.
trailmixFemaleCanada2010-02-09 10:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview in a few days in Tokyo...
QUOTE (Sniperx @ Dec 10 2009, 11:52 PM) <{POST_SNAPBACK}>
24....Damn....was hoping. I'll double check at the consulate when we go on Monday...


It's actually in the I-864 instructions, page 2, you can use her assets as proof, but not her income that is not continuing:

What If I Cannot Meet the Income Requirements?

Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident.


trailmixFemaleCanada2009-12-11 14:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview in a few days in Tokyo...
G325: This form is submitted in connection with... I know its not naturalization, is it permanent resident or other? We're going for the CR-1.

Permanent resident or CR1 - either one is fine.

I-864 Box21: Household size. It says under NOT sponsored, enter one for your spouse. Isn't the purpose of this form to sponsor my wife coming to the US?

You don't enter 1 for your spouse in 21c because she is already included in the number you are bringing down from question 10 - that's why it says do not count anyone twice - clear as mud isn't it smile.gif

I-864 Box24: Household income. Did I read this right? I can use her income also? In the instructions it reads "If you included the income of the intending immigrant whois your spouse (he or she would be counted on line 21a),evidence that his/her income will continue from the currentsource after obtaining lawful permanent resident status mustbe provided." Obviously we are going to leave Japan and her hospital job behind, so...can she NOT use it? Wat evidence do they need here?

You are right, as she is leaving here job the income will not continue when she moves to the U.S. - so you cannot count her income.

Edited by trailmix, 11 December 2009 - 01:46 AM.

trailmixFemaleCanada2009-12-11 01:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview in a few days in Tokyo...
QUOTE (canadian_wife @ Dec 9 2009, 11:40 AM) <{POST_SNAPBACK}>
Thanks for the correction trailmix - was I mistaken in quoting the USCIS website that I did? did I misunderstand?


Hi Canadian wife, smile.gif

It's actually stated in the I-864 instructions on page 9

29. Total Value of Assets.

In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current poverty guidelines for your household size. However, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference.


trailmixFemaleCanada2009-12-10 20:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview in a few days in Tokyo...
Actually, as you are sponsoring your wife, the assets do not have to be 5 times the 125% poverty guideline it is 3 times the 125%.

So basically $18,212 x 3 = for a total of $54,636 USD in assets.

Some consulates will accept a copy of the (already filed) 1040 with accompanying slips (ie: proof of that income earned) - I'm not sure how the consulate in Japan views that.

Edited by trailmix, 09 December 2009 - 11:52 AM.

trailmixFemaleCanada2009-12-09 11:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 Petition - Certified copies of Marriage Certificate?

I see in the guides (and did a forum search) about some items needing to be Certified copies? (such as Marriage Certificate) What exactly does that mean? I have already made PDF scans of these to use as copies...but will those not work? Does certified mean, a copy done at a Notary?

We ordered 2 copies of our marriage certificate, should I be sending in one of the originals?

I don't see any info about my birth certificate/passport copies needing to be certified.


Speaking of NVC only (as already covered, photocopies are fine for USCIS with your I-130 petition) - a certified copy signed by a notary will not be sufficient.

You need to send originals of all documents you submit to NVC. Not sure where you were married but if it was in Canada this means you need to go to the government department, or registry office and request a certified copy of the document. You will send that and 1 photocopy, of each document, to NVC.

The passport pages are the only thing that does not have to be an original, in that case a photocopy will suffice.

Also, for the Canadian, when submitting the DS-230 to NVC, you will need the Canadian long form birth certificate, if you don't already have that you can order it now - it must have the parent's names on it.
trailmixFemaleCanada2010-02-15 11:29:00
IR-1 / CR-1 Spouse Visa Process & Proceduresextension of interview for CR-1
One other thing to keep in mind - if you (the petitioner) are living outside the U.S. right now and your spouse goes to the interview and is granted their PR - they cannot go and live in the U.S. without you. If you have filed DCF you need to prove that you are reestablishing your domicile in the U.S. 'no later than the intending immigrant'.

As for maintaining permanent residence:

Maintaining Permanent Residence link

You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

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 US for more than one 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 US may be considered, even if it is less than one year.

Remain outside of the US for more than two 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 US may be considered, even if it is less than one year.

Fail to file income tax returns while living outside of the US for any period.

Declare yourself a nonimmigrant on your tax returns.

Edited by trailmix, 15 February 2010 - 12:04 PM.

trailmixFemaleCanada2010-02-15 12:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSIGN IN FAILED!!! so exciting!!
Probably 2-4 months, but you can hope for sooner!

I have added you to the Montreal timeline to interview thread.

Oh and one other thing, it isn't Montreal that will contact you about your interview date, it's NVC. So if you want to call and inquire at any time, it's NVC you call :)

Edited by trailmix, 23 February 2010 - 11:45 AM.

trailmixFemaleCanada2010-02-23 11:01:00
IR-1 / CR-1 Spouse Visa Process & Procedurespassport required?

Hi,


I'm a Canadian citizen who is married to a US citizen. I've entered into the i-130 process and the NVC sent my case to the Montreal US consulate for processing back in December /09. Just wondering if anyone knows how long an interview should take? Judging by some stat's, I'm guessing I should be in the running for an interview in April.

Also, will I need to surrender my passport to the US consulate for any period of time before or after the interview? I currently travel quite a bit and am wondering if this is a requirement.

Thanks a lot,

Mike


It's actually taking around 3-4 months for an interview to be scheduled, currently. You can get a good estimate by having a look at the Montreal timeline to interview thread here:

http://www.visajourn...h...t&p=3756884
trailmixFemaleCanada2010-03-01 20:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUSC living in Canada: Vermont or Consulate?
The tax filing is an aside, they don't base where you should file based on where you file taxes, so that isn't an issue.

You always have the option of mailing the petition in to the service center (the I-130), even if your wife lived in Canada full time, you would still have that option. Only the direct consular filing has criteria you have to meet and you seem to meet it.

The only reason I brought up the tax returns it that, as the sponsor, she will have to provide at least the last year of her U.S. return (when your petition is approved and you move to the next step of submitting sponsorship documents) - she will have foreign income on her U.S. return - they might question why that is - that's where I was going with the taxes.

I assume since she lives in the U.S. at least 6 months a year that you have a house there, utility bills etc etc. You will want to collect all that evidence.

Here is the thing - as others have mentioned, the domicile issue may well come up. It will absolutely come up if you file DCF - it may come up if you file with Vermont. Either way you are going to have to be prepared to prove domicile.

Edited by trailmix, 06 March 2010 - 10:24 AM.

trailmixFemaleCanada2010-03-06 10:18:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUSC living in Canada: Vermont or Consulate?

Background:

US Citizen wife, lives in Canada half the year, but rest of the time she lives in USA.
Our small kids travel back/forth with my wife.
Her CDN PR application is still pending, in its final stages. She has CDN & US driving license, provincial health-care, bank accounts in both countries, etc...
She has paid taxes in both US and Canada so far. As such, we think she MAY just qualify for DCF & Local-USA filing.
I don't mind us proving domicile, but it just seems like if she applies from the USA with a USA address, then we don't have to go through this hassle...
But on the flip side, does it make things more convoluted for USCIS agents or Canadian agents, ultimately leading to a rejection of HER PR app in Canada and my app in USA? (yes, i know a veryyy WHAT IF type of qtn)

Is it proven that USCIS can ask a USC to give up her PR in Canada in order to prove domicile? I mean you are PERMITTED to have dual citizenship, so why ask to relinquish it?

sorry for all the questions!
I guess all of us posting on this forum are confused, hence, asking and sharing our concerns!

Thanks to all the replies so far!



Hi,

I would recommend you read this thread:

http://www.visajourn...howtopic=164618

It's kind of long, but if you read the first part and skip to the last few pages you will see links to reviews and threads from people who have been approved and those that have been asked to submit further evidence of reestablishing domicile.

No, it is not proven that the CO can ask for a Canadian PR to give that up - but it has been requested by the CO in Montreal. I don't think it will have any bearing on her Canadian PR application.

I'm sure you should have no problem filing DCF if you want to. I thought maybe you were trying to avoid doing that to avoid the domicile issue - however if she is filing Canadian taxes and has to submit, at the very least, her IRS return from last year, they will know that anyway - plus they may ask.

Personally, I would go ahead and file DCF and just make sure you understand reestablishing domicile inside and out, make a strong case for it. I assume once you have your U.S. PR that you will all relocate there and there will not be the 6 months in Canada and 6 months in the U.S. thing going on anymore?

Edited by trailmix, 05 March 2010 - 07:27 PM.

trailmixFemaleCanada2010-03-05 19:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUSC living in Canada: Vermont or Consulate?
Hi,

I don't really have a question about PR in Canada, I am very familiar with it. Really all of the answers you have given are not quite right, I will explain.


hi trailmix your question about pr in canada
no she dont need any long term residence in canada she only need to prove 6 month residence in canada according to usa imigration law because she have a pr pending reciept and this pending reciept is the strong ties proof at the time of her husband interview

She does need proof of long term residence in Canada - 6 months, 3 months, doesn't matter, I guess our definitions of 'long' are different. What I was saying is that she will need proof that she is resident in Canada and has been for some time - you don't need to take my word for it, the U.S. consulate in Canada webpage spells it out:

Evidence of Petitioner's legal long term residence status in Canada, such as a provincial healthcare card, provincial driving license or Canadian immigrant card.

The Canadian PR can be an issue with regard to proving reestablishing domicile - many have been temporarily denied asking to provide more proof. Two people that post here on VJ have been told to relinquish their Canadian permanent residency. I am referring to domicile when I say PR can be an issue.


as my knowledge of canadian law canadian law have a very very soft corner about america and american citizen that why canadian imigration easily approved pr or canadian green card to american citizen and in other hand canadian goverment under influence of america

Canadian law has nothing to do with U.S. immigration law, so i'm not sure what your point is really. I don't know what you mean "Canadian government under influence of america".

and your question about income tax if her husband have a strong bank account this will be a no issue because at the time of sponsorship husband and wife asset equally count because minimum requirement of income tax is 1 year and maximum 3 year 1 year is applay is only that time when benificary and petationer have a strong bank account

I also have no questions about income tax that I posted?

I mentioned this because it is obvious that the poster does not want to claim that his wife is even a part time 'resident' of Canada. You would understand this if you read my full reply.

I don't see that the original poster mentioned anything about having assets to use instead of income, so again, i'm not sure what your point is there either.

Anyway, we will leave it at that, no reason to highjack this poster's thread with our - not on topic conversation.

Edited by trailmix, 05 March 2010 - 04:47 PM.

trailmixFemaleCanada2010-03-05 16:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUSC living in Canada: Vermont or Consulate?
mustafa, being a PR of Canada can be an issue.

choles

Your wife works in Canada half of the year. Is this reflected on her income tax returns? I see where you are going with this. Even though she has a PR application pending, she still has part time residence in the U.S. - so if you don't tell them and they don't ask, how will they know that she is also a part-time resident of Canada with a pending PR application? At least I think that is where you are going.

Well the answer is, they probably won't know.

If you decide to take that course, then you cannot file DCF. That is only for people residing in Canada and you have to prove long term residence in Canada (Canadian driver's license, health care card etc etc). Once you give them this information - you will have to prove reestablishing domicile in the U.S.

If you decide to mail your application in to the U.S. service center, then yes, perhaps it will not be an issue. I say perhaps because if she does get asked about it - well you better be prepared to prove reestablishing domicile anyway.

Edited by trailmix, 05 March 2010 - 11:57 AM.

trailmixFemaleCanada2010-03-05 11:55:00