ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresHelp! US Border Entry
Many Canadians here have encounted problems crossing the border after being questioned about possible immigrant intent before their visa has been issued. Many have not and travel freely while their visa is processing.

Have you been flagged? Probably. As Len mentioned you will probably be question when you try to cross the border again - now if that isn't a huge problem, you may be given entry but I would recommend that you do bring all the proof of strong ties to Canada that you can.

Be prepared to be turned back at the border though.
trailmixFemaleCanada2009-07-06 18:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHELP with CR-1, Husband works on Boat
QUOTE (KeriO @ Jul 8 2009, 10:14 AM) <{POST_SNAPBACK}>
Also on the G-325A form what do I need to check at the bottom left of the page where it ask "This form is submitted in connection with" if we are trying to get the CR-1.


I-130 - CR1 - all good answers to that.

You know, if your Husband has legal residence in NZ, it shouldn't be a problem for him to interview there. I know that the Montreal consulate did ask for a copy of my Husband's Canadian PR card, before they would let him interview there - basically they will want to see a visa probably.

Your Husband's situation is really quite unique and I would recommend that you call or email the NZ consulate and ask your question to them directly.

649 303 2724. Ext: 2180

Consulate E-Mail: AucklandIV@state.gov



trailmixFemaleCanada2009-07-08 09:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNewly married! Form G-325a expired? Other questions too...
Hi Jason,

Yes, that is the most recent G-325A.

It is not that difficult to visit during the visa process, many people do it. You just need to ensure that your wife brings strong proof of ties to Canada when she crosses the border. This can include your USCIS paperwork, a letter from her employer saying she will be back, a lease where she rents (if applicable) etc.

No, it's not really easier to visit her in Canada - the border person there would want that same kind of proof from you. On the other hand, they may not even ask for it. What you disclose to the border guards is up to you - but why wouldn't you tell them you were visiting your wife.

You can stay in Canada for up to 6 months with no visa - same for her to the States - this is of course up to the person who admits you at the border, they can specify a shorter time if they want to.

I'm not familiar with work visas - so I will let someone else answer that.




trailmixFemaleCanada2009-07-10 07:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan you file for CR-1 while husband is in the USA visiting?
QUOTE (KeriO @ Jul 10 2009, 10:23 AM) <{POST_SNAPBACK}>
YES YOUR RIGHT, i DIDNT MEAN TO TYPE I-485. SORRY! SO WHEN HE GETS HERE WE WILL BE FILING THE I-130 AND THE G-325A'S FOR HIM TO GET THE CR-1. IS THERE ANY OTHER FORMS WE CALL SEND TO SPEED UP THE PROCESS.


No, you just have to present forms and documents as they ask for them.
trailmixFemaleCanada2009-07-10 09:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan you file for CR-1 while husband is in the USA visiting?
QUOTE (KeriO @ Jul 10 2009, 09:50 AM) <{POST_SNAPBACK}>
My husband is coming here the beginning of Sept for the birth of our child. He will be here for 6 weeks. I dont think we should file the i-130 before he gets here in case the immigration officer gives him a hard time. (He has a B1/B2) Can I file for his CR-1 as soon as he gets here or is he not able to be in the country at all while filing?

Also what forms can I send with the i-130? G-325A for both of us, I know. But can I send the I-485 as well. I have all documents needed so I would like to file as much a I can together if possible.

Thanks


Yes you can file while he is there.

I'm not sure why you would be sending an I-485? That is for adjustment of status and you are doing the CR1 or IR1 I assume?
trailmixFemaleCanada2009-07-10 08:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMontreal interview waiting times
QUOTE (Steve Treible @ Jul 11 2009, 08:24 AM) <{POST_SNAPBACK}>
Does anyone have an idea of the waiting time for an interview in Montreal for an immigrant visa (I-130)? My wife is the beneficiary, resident in Canada, I am in the US. Our case was approved by the NVC on June 4th, 2009. The NVC indicated they do the consular interview scheduling the second week of each month for the following month, so I called yesterday and no date as of yet.

Any help would be appreciated.

Steve


We actually track these for Canada VJ members in a thread which can be found here: http://www.visajourn...h...t&p=3109128

It is generally taking around 3 months from completion at NVC to interview.
trailmixFemaleCanada2009-07-11 07:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMedical Exams in Canada - Civil Surgeons?
Hi and welcome to VJ,

There was a panel physician in Calgary, up until last year, my Husband did his immigration medical there.

Around September/October of last year they then reduced the number of panel physicians in Canada to 4. One in Vancouver, two in Montreal and one in Toronto. That information can be found at this link, just scroll to the bottom page:

http://travel.state....L-0001-0810.pdf

There are things you can do in advance, if you wife doesn't want to travel all the way to Vancouver for the medical, she may want to wait and have it done the week she will be in Montreal for the interview.

You will need a police clearance for Canada for her - and any other country (except the U.S.) where she has lived for 6 months or more since the age of 16, you can get that now as it is good for a year.

All of the documents listed here http://travel.state..../info_3190.html - will need to be sent to the National Visa Center. Also, you should call the IRS and get tax transcripts for 06, 07 and 08.

So that is just a brief overview of some of the stuff you need to take care of now.

You may want to visit the Canada VJ forum here: http://www.visajourn...hp?showforum=93

You may also want to have a look at the VJ Wiki Canada page: http://www.visajourn...ndex.php/Canada

Edited by trailmix, 09 July 2009 - 07:13 AM.

trailmixFemaleCanada2009-07-09 07:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRecieved RFE that no one can resolve! HELP
QUOTE (eklondon @ Jul 9 2009, 06:24 PM) <{POST_SNAPBACK}>
Sooo, called NVC asked about the 3 kids cases (I shipped the form overnight yesterday... "It must be in the mail room"
So the kids cases are holding things up as MY WIFE's case when I called mentioned that a letter was sent out 6/29 stating there was missing information.

But when I spoke to the operator, her case is COMPLETE !!!!!
and don't want to jinx anything but my offer on a home here in AZ may have just been accepted!!!!!


That's great good.gif
trailmixFemaleCanada2009-07-09 18:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRecieved RFE that no one can resolve! HELP
QUOTE (eklondon @ Jul 9 2009, 02:34 PM) <{POST_SNAPBACK}>
I have called and requested to speak with a supervisor 3x's now. They have all responded with you "should read the instructions and fill out the form". If my kids are exempt, why waste time with the rfe and why not just accept the I864?? Just venting again.



I can understand your venting, you are now being held up at the NVC when you have in fact provided the correct documentation.

I had a really helpful supervisor when I called and she straightened it all out, too bad you didn't find anyone willing to help you out.

I have heard that if they send you 2 RFE's for the I-864 and the correct documents are not submitted that they will then just forward it on to the consulate for interview (perhaps someone else can verify it).

It does make sense what you are saying, why don't they just accept the I-864 - doesn't hurt anything! The only other suggestion I would make is that perhaps you can email Montreal and explain the situation to them, alternately, since you are in the U.S., maybe you could make an infopass?


trailmixFemaleCanada2009-07-09 16:18:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRecieved RFE that no one can resolve! HELP
QUOTE (eklondon @ Jul 8 2009, 04:28 PM) <{POST_SNAPBACK}>
Short Story,

Received RFE as I filled out a I864 instead of a I864W for my children.
I call NVC and they advised I only needed to fill out the 864w cause my children fall under the Child Citizenship Act of 2000 (Option number 2 to check on the 1864w).

Her is my Issue:
The Child Citizenship Act of 2000 states "has a citizen parent who has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years."

I have lived in the US for a total of 8 years (Birth to age 8) moved back to the US 8 months ago.

So If i check off this box, one - i will be lying on the application
two - I shouldn't have even started this process and should get all my fees back


AAAARRRRRGGGGG!!!!


The Child Citizenship Act doesn't seem to apply to your children - so it sounds like you have been given misinformation - not surprising at all.

What you need to do now it call the NVC and ask to speak with a supervisor and explain the situation to them. They will tell you it will take around 10 days to review your files - it probably won't take that long.


trailmixFemaleCanada2009-07-09 07:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPicture and fingerprint with CR-1 Green-Card???
No idea - but welcome to the Canada forum!
trailmixFemaleCanada2009-07-18 09:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPotentically Lost 1040 Form for 2008
nm

Edited by trailmix, 22 July 2009 - 08:47 AM.

trailmixFemaleCanada2009-07-22 08:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPotentically Lost 1040 Form for 2008
QUOTE (Ber + Ter @ Jul 21 2009, 10:18 PM) <{POST_SNAPBACK}>
Good evening fellow VJ'ers!

So to sum up my question, my husband who is petitioning me is unable to get his hands on his 2008 1040 form. It's currently in storage, and he's overseas in Kuwait until April 2010. He called the IRS for his tax transcripts, and he's going to get a letter of employment from his commanding officer, and he's going to include 6 month pay stubs.

Or does anyone know if it's possible for him to get a hold of the business who did his taxes, then request for them to send him his taxes again?

I hope someone can help us with this. He wasn't really thinking when he put all his things into storage. >_<


He doesn't need the 1040 if he has a tax transcript - you need one or the other, not both.
trailmixFemaleCanada2009-07-21 21:38:00
IR-1 / CR-1 Spouse Visa Process & Procedures$12,410
QUOTE (eklondon @ Jul 23 2009, 12:23 PM) <{POST_SNAPBACK}>
This was never a "Is it worth it thread" It was more of a "Let's make sure people know what they are getting into" thread. When I started the process I was aware of the following costs

USCIS 355 x 4
NVC AOS 70 x 1
NVC 400 x 4


You didn't find the info because you didn't come to the Canada forum enough laughing.gif

Anyway, I did a similar thread once in the Canada forum - I completely understand what you are saying and I agree it is important that people know what it actually costs so that they can save and be prepared.
trailmixFemaleCanada2009-07-23 18:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresThink there is a chance?
QUOTE (trailmix @ Jul 24 2009, 08:19 AM) <{POST_SNAPBACK}>
If you were finished NVC right now and got all your documents to NVC right away and it was approved quickly with no RFE there is a slim possibility she might get an interview in November - which as you mentioned is not ideal anyway.


Sorry, that should have read, if your documents were on their way to NVC now (ie: you had your NOA2)
trailmixFemaleCanada2009-07-24 09:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresThink there is a chance?
QUOTE (qap3 @ Jul 23 2009, 06:03 PM) <{POST_SNAPBACK}>
My wife is currently pregnant and due at the end of November. We received NOA1 from the CSC for both her and our 18 month old son on March 30, 2009 but have not heard anything since then. Do you think there is any possibility left that they will be approved before she gives birth?


We do keep a Montreal timeline to interview thread in the Canada forum, the current wait time between completion at NVC and interview in Montreal is around 3 months.

If you were finished NVC right now and got all your documents to NVC right away and it was approved quickly with no RFE there is a slim possibility she might get an interview in November - which as you mentioned is not ideal anyway.

More than likely you will just have to wait and see when they schedule her and reschedule if need be - that's not an ideal option as it seems to take a few months to get it rescheduled.

What you could do is slow down your NVC process by not sending the forms back in too quickly - so you finish with NVC say at the end of September - then in theory her interview would be scheduled around December.

However! This is immigration - not science - smile.gif


trailmixFemaleCanada2009-07-24 07:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat does the CR-1 VISA Look Like?!
QUOTE (Qiix @ Jul 24 2009, 05:15 PM) <{POST_SNAPBACK}>
Well I know that as soon as the beneficiary hits US soil and has passport stamped they are a resident.

1. Is the Visa a sticker?
2. A letter?
3. A separate little book?
4. Do we leave the passport and they affix an insert like my 59 day visa to Philippines?

My guess is number 4, although the picture in the gallery here looks like it might be a little book.


It is actually stuck in the passport - it covers an entire page.
trailmixFemaleCanada2009-07-24 16:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresChoice of Agent...
QUOTE (lgg @ Jul 27 2009, 10:45 AM) <{POST_SNAPBACK}>
Hi there, Trailmix...

Called them on Friday and nothing as of yet -- I realize that I'm just being impatient but you'd think they'd want their cash at least, no?
Um when you say 10 days, do you include the weekends in that or is that 10 business days?

Yeah, I am getting over analytical!
wink.gif

Thanks, TM...


Hi lgg,

It was 10 days including weekends.


trailmixFemaleCanada2009-07-27 10:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresChoice of Agent...
Did you call and speak with an operator at NVC just to confirm they still haven't acknowledged it?

It took them 10 days to process ours via email.
trailmixFemaleCanada2009-07-27 09:35:00
IR-1 / CR-1 Spouse Visa Process & Procedurese-mailing DS-3032 sux!
It hasn't been faster for quite a while.

I would also discourage people from sending in an Email and a hard copy. When you do that you slow them down.

Imagine if you were working somewhere and your customers always sent you an email copy and a hard copy which then requires 2 people to look at the same document. It completely wastes their time.

trailmixFemaleCanada2009-07-01 10:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhats better to mail the DS3032 or email it?
QUOTE (sweetcitywife1 @ Aug 9 2009, 08:39 PM) <{POST_SNAPBACK}>
Thanks abby n sheryl for the info, i will do that.
Another question, i dont work, and dont have enough income so my mom is my joint sponsor. I wont have an employment letter or pay stubs, is this okay that i dont have these to send in with my 864 form? But my mom does.
Thanks in advance for the info, sweetcitywife

QUOTE (AbbynSheryl @ Aug 10 2009, 02:27 AM) <{POST_SNAPBACK}>
i email both one for me one for my wife
it is faster and no signature required in email
good luck
abby n sheryl



Yes, that is ok - you can't send what you don't have. You will still be filling out an I-864 though. You will also need your Mother's 3 most recent tax transcripts or tax returns with supporting income slips (W2's etc)

You will also need your 3 most recent tax returns.

Edited by trailmix, 09 August 2009 - 09:47 PM.

trailmixFemaleCanada2009-08-09 21:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPreparation for interview
The expresspost envelope only applies in Canada.

EK,

You won't need email logs.

How long have you guys been married? We have been married for 9 years, my Husband took 1 photo of us together, they didn't ask for it.

Your expresspost envelope.

We submitted 1 tax transcript to NVC, they wanted to see them for the previous two years as well, which my Husband had with him. If you submitted all 3 to NVC - then she does not need to take them.

I made up a folder for my Husband to take of the entire application - really it's just paranoia though - they already have all that stuff.

Edited by trailmix, 10 August 2009 - 01:50 PM.

trailmixFemaleCanada2009-08-10 13:49:00
IR-1 / CR-1 Spouse Visa Process & Procedureshotel near montreal embassy
QUOTE (mishi @ Aug 10 2009, 09:36 PM) <{POST_SNAPBACK}>
hi there
can anyone suggest which hotel is near(walking distance) to montreal embassy.?

thanks


Hi Mishi,

There is Hotel le tour centerville, which is pretty much across the street - http://www.hotelcent...e.com/index.asp

Also here is a link to a discussion about hotels in Montreal - from the Canada forum: Hotel Reviews Montreal

Edited by trailmix, 10 August 2009 - 11:33 PM.

trailmixFemaleCanada2009-08-10 23:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 - marriage certificate / assuming last name??? Help please
QUOTE (amy83 @ Jul 2 2009, 12:21 PM) <{POST_SNAPBACK}>
hello,

I am filing all the paperwork for the CR-1 visa. We were just married on June 27th, and when we were married the officiant singed and filled out the marriage certificate and gave it to us. (she also kept additonal paperwork that she said she needed to fill out and submit). What i am wondering, is this the certificate that I submit?? I thought it was, until I was reading elsewhere that some people had to wait 8-10 weeks for their certificates?? So now I am confused. We were married in PA if that makes any difference.

Also, in Canada I know you can just assume your husbands last name, and then your madian name stays on your birth certificate and passport. Is this the same in the US? Do I just assume his last name, and fill out all the forms using his last name? Or should I just do it all in my madian name??

Thanks, Im just so confused!


No, they do not want the certificate that the marriage officiant gave you, you should get one from a registry office.

You can keep your maiden name in your passport if you want to - just be sure if you book a flight to book in your maiden name and bring along your marriage certificate. Your birth certificate will remain in your maiden name. As for other stuff, change it to your married name if you like.
trailmixFemaleCanada2009-07-02 12:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHELP..JUSt realized we made a mistake on I-130!!!
QUOTE (Dini @ Aug 12 2009, 01:25 PM) <{POST_SNAPBACK}>
QUOTE (Bunzarelli @ Aug 12 2009, 04:44 PM) <{POST_SNAPBACK}>
QUOTE (Dini @ Aug 12 2009, 10:01 AM) <{POST_SNAPBACK}>
We messed up question 22 also.
I'm not completely sure what we answered there, but because we failed, CSC never send our papers to NVC after the approval. We had to file An I-824 to get it forwarded. We filed in January and never heard back of them. I hope they will do anything soon, because I'm sick of waiting any longer.
So I Guess worst case would be for you that you approved I130 doesn't get forwarded and you have to file an I924 and pay the fee for having them "release" and sent to NVC.
I hope the best for you!


are you sure that's the only reason your case wasn't forwarded to NVC?



Well I wouldn't know why else they would not send it to NVC. It got approved and they said if we want them to have it sent to NVC we have to file an I824


Wow this thread is messy laughing.gif

Anyway, basically you are just guessing. You know you left a field blank, your file did not automatically get forwarded so you assume it's because of that - I don't think that is a very sound assumption (now if they told you that specifically - that's another story).

Sometimes - and I know this is surprising - NVC screws things up.


trailmixFemaleCanada2009-08-12 16:08:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHELP..JUSt realized we made a mistake on I-130!!!
QUOTE (Bunzarelli @ Aug 12 2009, 10:44 AM) <{POST_SNAPBACK}>
QUOTE (Dini @ Aug 12 2009, 10:01 AM) <{POST_SNAPBACK}>
We messed up question 22 also.
I'm not completely sure what we answered there, but because we failed, CSC never send our papers to NVC after the approval. We had to file An I-824 to get it forwarded. We filed in January and never heard back of them. I hope they will do anything soon, because I'm sick of waiting any longer.
So I Guess worst case would be for you that you approved I130 doesn't get forwarded and you have to file an I924 and pay the fee for having them "release" and sent to NVC.
I hope the best for you!


are you sure that's the only reason your case wasn't forwarded to NVC?


I also don't think that not filling out question 22 would result in your application not being sent to NVC, that really doesn't make sense.

OP - don't worry about it. If they want you to fill it out then they will send it back to you and ask you to fill it out.

Edited by trailmix, 12 August 2009 - 11:50 AM.

trailmixFemaleCanada2009-08-12 11:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 with joint sponsor
QUOTE (YankeeDoodleWifey @ Aug 13 2009, 01:17 PM) <{POST_SNAPBACK}>
QUOTE (essjay @ Aug 13 2009, 04:13 PM) <{POST_SNAPBACK}>
With regard to the tax returns, have a look at this topic:

http://www.visajourn...howtopic=207227

If you are a USC, you need to file US Tax Returns regardless of where you live, unless you fall into the exempt category. We were in a similar position, but we used a US accountant based in the UK to prepare the returns for us for the three years leading up to the visa application.

On the question of domicile, my husband, the USC had never lived in the UK. What we did was prove his USC status and show that we had somewhere lined up to live when we moved. We also showed that we were selling everything in the UK to make our intentions clear.

Feel free to PM me if you want any further info. Good Luck good.gif It is stressful, but worth it in the end....


So, in your opinion, would you think that a letter from my relatives, the 2 year temp visa on my US passport and the proof that we were selling, shipping or just throwing away the extra things we have would be enough? I know you can't say 100% that it would be, but in your personal opinion?

The London embassy seems to be a bit more relaxed than the US processing centres. I plan- if we can get the interview in time- to go with my husband to the interview and discuss it with them. If not, I will hope my husband can be the convincing man I know him to be!

Thank you very much. good.gif


That sounds pretty good - you are basically showing intent to reestablish domicile and that is what they want. Are you shipping any stuff to the states? If so why not get an online quote to supply as well.

One other thing, no reason for your inlaws to contact their landlord, a letter from them that you have an agreement to pay rent and will be living with them will be sufficient.

Edited by trailmix, 13 August 2009 - 02:23 PM.

trailmixFemaleCanada2009-08-13 14:22:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 with joint sponsor
QUOTE (essjay @ Aug 13 2009, 09:17 AM) <{POST_SNAPBACK}>
But PM has been useful when someone asks, for example, for an advisor recommendation and you don't want to post address or telephone numbers. That's all I was thinking.....

I agree, advice on general aspects should always stay on the forum!


good.gif
trailmixFemaleCanada2009-08-13 10:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 with joint sponsor
QUOTE (essjay @ Aug 13 2009, 09:13 AM) <{POST_SNAPBACK}>
With regard to the tax returns, have a look at this topic:

http://www.visajourn...howtopic=207227

If you are a USC, you need to file US Tax Returns regardless of where you live, unless you fall into the exempt category. We were in a similar position, but we used a US accountant based in the UK to prepare the returns for us for the three years leading up to the visa application.

On the question of domicile, my husband, the USC had never lived in the UK. What we did was prove his USC status and show that we had somewhere lined up to live when we moved. We also showed that we were selling everything in the UK to make our intentions clear.

Feel free to PM me if you want any further info. Good Luck good.gif It is stressful, but worth it in the end....


I always think it's too bad when threads like this move in to PM - then there is no information in the thread for others who might have the same questions smile.gif


trailmixFemaleCanada2009-08-13 10:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 with joint sponsor
Is it necessary that I be an I-864 sponsor? Can my brother-in-law be the sole I-864 filer?

Yes, you are the primary sponsor, regardless of whether or not you have a cosponsor. You must complete the I-864 - you will need to file those taxes.

I know he takes the burden of US earned income, but does that extend to taxes and domicile as well?

I'm not sure what you mean here - do you mean does he need to have filed the taxes and does he need to prove domicile? Well he should be domiciled in the U.S. and he has to have those tax returns as well.

If not, would they accept that my last filing was for 2006?

No.

Is a spousal two year visa temporary enough to be accepted under the domicile requirements?

You may want to read this thread regarding domicile: Proving domicile when not living in the U.S.

Edited by trailmix, 13 August 2009 - 10:13 AM.

trailmixFemaleCanada2009-08-13 10:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMy I-1864 Paranoia Thread
QUOTE (enraptured @ Aug 13 2009, 11:16 AM) <{POST_SNAPBACK}>
OMG....so NVC told me I need the W-2's along with the tax transcripts....is this right???I was told by 3 other operators previously that I did NOT need these....anyone???


No you don't - the other 3 were right (I have to question why you asked four times - no, on second thought I won't lol)

Hey you know, on questions 23 and 24 - these are not necessarily the same number for your brother. You said he has a wife and child. Question 24 asks for household income - that is how it is different - they want the income number for the entire household.


trailmixFemaleCanada2009-08-13 12:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMy photo book was sent back to me!
QUOTE (Kathryn41 @ Aug 21 2009, 01:52 PM) <{POST_SNAPBACK}>
May I remind everyone that this topic is in an Immigration Forum and many of the comments here are more appropriate in the OFF TOPIC forum. Please keep the off-topic comments out of the thread as they make access to the useful information in this thread difficult.


Did I miss something kathryn? unsure.gif

Anyway Finn, I can see you are getting a bit stressed about it now, which is completely understandable - you ask if different operators give different answers - absolutely they do.

Really if you think about, when you call any business, it is not unlikely that you can get two people on the line and one will be very informed and helpful and the other will be completely uninformed and unhelpful. USCIS is the same and in fact probably worse because they have so many people working for them.

Anyway, don't worry about it too much. RFE's are given a lot of hype here on VJ, but if you look at it realistically it is really simply a request for more information - nothing horrible about that. Will it hold up your file a bit (if you even get one) - yes probably, but not for long.

Also, while they may not have the photos - you did send in all that other information - much more than most people send.




trailmixFemaleCanada2009-08-21 15:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMy photo book was sent back to me!
QUOTE (Malrothien @ Aug 20 2009, 01:35 PM) <{POST_SNAPBACK}>
QUOTE (FinnLove @ Aug 20 2009, 11:23 AM) <{POST_SNAPBACK}>
Well, I'll be one of the "no photos guinea pigs!" They (USCIS) sent mine back, so they can't possible ask me for photos again!

The I-130 instructions don't even mention photos or anything specific. It reflects, "Any other relevant documentation to establish that there's an ongoing marital union" as a bona fide of the marriage. Actually, I bet most of us send stuff to show we have a relationship prior to the marriage, since we send in the I-130 so soon after marrying our loving foreigner!!! The only stuff I had proving we had an "ongoing marital union" were the pics of our wedding and our vacation in Finland (of course, in the photo book!) and some emails after our wedding. We just got married in July!!!!! The other evidence showed we had a relationship, and proved we had met in 1988.

Oh, to be a fly on the wall at USCIS!



Yep, I agree with the photos thing with newly married couples. We've been married for 3.5 years now, lol.


Actually photos and emails don't prove anything - it's just one of those faux proof things laughing.gif

They know that and we know that - but oh well.


trailmixFemaleCanada2009-08-20 14:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMy photo book was sent back to me!
QUOTE (M_n_M @ Aug 20 2009, 10:54 AM) <{POST_SNAPBACK}>
What I found out was that everything you send to USCIS, NVC doesn't get it all in the second stage. I had sent copies of birth certificates, marriage license, etc, to the USCIS, and then at the NVC stage they wanted all that from me again! I'm like didn't you get all the stuff, they're like no, we only really get your application and its approval, all documents need to be resent. So I'm realllllly hoping you have the originals for the interview and stuff. That's when all the letters, emails, pics come in handy... ESPECIALLY pics.


You send USCIS photocopies, NVC wants to see originals - two different animals.


trailmixFemaleCanada2009-08-20 13:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMy photo book was sent back to me!
QUOTE (FinnLove @ Aug 19 2009, 04:55 PM) <{POST_SNAPBACK}>
I sent the I-130 package (with exhibits!) on Friday. Today I got a package from USCIS. I nervously opened it, and enclosed was my photo book (I spent all afternoon one day at a camera store doing this super cool book!) and a letter attached. Apparently they are unable to accept photo books! Well, they called it a photo album but that isn't what it is. So word to the wise...don't do this! Waste of time!

So...now of course they (USCIS) have zero pics of my hubby and me (except they have six binders of other stuff!). Is this a problem? I'm assuming the photo book will come handy at the NVC stage... or I'll send it to my hubby. I made two of them!


Six binders?

The photo book is absolutely not necessary at the NVC stage - they want documents - not pictures. I guess your Husband can take it to the interview if it makes you feel better.

At least the photo books will be nice keepsakes for you two!

Oh and I have never heard of anyone receiving their evidence back from USCIS - this may be an indication that they have had enough of people sending mountains of papers to them?

I just want to say, I don't mean this to sound harsh at all, if it does. I have read many posts of people sending stacks of stuff to USCIS - it's really not necessary, that is all I meant.

Edited by trailmix, 19 August 2009 - 06:05 PM.

trailmixFemaleCanada2009-08-19 18:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresLingChe NVC Shortcut PROPOSED IMPROVEMENTS
The spirit of a Wiki is that it is to be updated at will - by anyone.

Personally I would just update it - people can look to see what changes are made and decide if they want to change certain things.




trailmixFemaleCanada2009-08-21 19:55:00
IR-1 / CR-1 Spouse Visa Process & Proceduresanyone going through electronic processing for Montreal
Here is a thread started by someone trying it:

http://www.visajourn...howtopic=210122
trailmixFemaleCanada2009-08-22 18:31:00
IR-1 / CR-1 Spouse Visa Process & Proceduresanyone going through electronic processing for Montreal
QUOTE (AbbynSheryl @ Aug 22 2009, 03:51 PM) <{POST_SNAPBACK}>
QUOTE (Master5 @ Aug 22 2009, 03:58 PM) <{POST_SNAPBACK}>
QUOTE (Lyn & Lisa @ Aug 22 2009, 01:00 PM) <{POST_SNAPBACK}>
My wife and I just emailed our DS3032. We are choosing to do the electronic processing. Anyone going through this process or half way through. Wondering how long it takes, is it faster, what to expect?

Thanks


My understanding is that currently email processing will be slower than express-mailing a hard copy. NVC has a huge backlog of unprocessed emails, I emailed DS-3032 2 weeks ago and it's still not processed.

i agree with that some time sending via fedex is faster than email bcz email is lot slower to nvc. good luck abby n sheryl



I don't think the OP is talking about sending the DS-3032 - I remember someone else in the Canada forum doing electronic filing of forms directly with the consulate - rather than NVC.

I don't know much about it, might try posting in the Canada forum.


trailmixFemaleCanada2009-08-22 17:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE doesn't make sense...
QUOTE (cornbread @ Aug 23 2009, 07:28 AM) <{POST_SNAPBACK}>
QUOTE (NigeriaorBust @ Aug 22 2009, 11:07 PM) <{POST_SNAPBACK}>
Was your original translation certified ? Was the certification part of the translation or on a separate paper ?

The original translation was certified and the certification was on the same paper as the translation.

The person reviewing the paperwork would need to look all the way at the bottom of the marriage certificate by the signature to see that it was issued by The Ufficio di Stato Civile, as required. Maybe they just didn't see it?

Also, nowhere on the marriage certificate does it specifically say Certificato di Matrimonio (marriage certificate). It says civil matrimony (Matrimonio Civile).

Before marrying in Italy we contacted the US embassy in Rome to make certain that we followed all of the necessary procedures so that our marriage would be considered legal under the Hague convention.

It was suggested to just resubmit with explaination. I was thinking to get a nother translation and highlight the information that would answer the question of whether it is the marriage certificate, as suggested previously and maybe provide them with the information we obtained from the embassy and from the courts in Verona.

Just seems a little bizarre....

After responding to an RFE, if the information provided does not satisfy them what happens? Do they send you another RFE?


I do think at some point they give up and defer presentation of a document to the interview.

Anyway, before you do anything else I would call NVC tomorrow and ask to speak to a supervisor. Don't be put off if they try to discourage you from speaking to a supervisor, just be pleasant and firm and don't take no for an answer.

When you get to the supervisor, ask him or her to explain to you exactly what was lacking with your first submission. If they tell you something you have already submitted - you can explain that to them and then they will offer to look at it. They will then tell you that it will take 10 - 15 days to review. It does not normally take that long. There is no use in just speaking to the operator that picks up the phone, they can't really see anything you don't already know from information you got on the RFE.

Once you have the information you can now proceed to get what they are saying you did not send. Now of course, the supervisor may find that indeed you did have everything right the first time around, however you don't want to take the actual 5 or so days waiting to hear back - without doing anything.

Good luck.



trailmixFemaleCanada2009-08-23 12:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffidavit of Support Co-sponsorship Question
Thanks again for the help! I remember reading somewhere else that they might be considered household members of mine even though I currently live abroad, but since I can't find that I will go with the official word that you linked to me and is on the I-864 forms.

I understand what you are saying about household members. Your Father and Mother could probably both use the I-864A - if you are using them in your calculation of 'household members' on your I-864. Then again, do they really have the same principal residence as you? They will when you move, but do they now - I don't think so. Principal residence is not to be confused with 'domicile'.

Sponsors who use Form I-864 may qualify based only upon their own income and/or assets if either or both are sufficient to reach the income requirement. If, however, the sponsor’s combined income and assets are not sufficient to meet the governing threshold, the sponsor may include the income and/or assets of another household member if the household member: link

· Is at least 18 years old;
· Is included in the calculation of household size;
· Has the same principal residence as the sponsor (or is the sponsor’s spouse); and
· Has completed and signed a Form I-864A.

USCIS should ensure that each Form I-864A is completed and signed by the sponsor and the household member.

From form I-864A:

If you check box b (not married to the sponsor), you must provide proof that you currently have the same principal residence as the sponsor and that your income will continue from the same source.

So I think I have this down now. I need to file an I-864 regardless of my income. Because my income is not enough, I need to find a joint sponsor (co-sponsor? are these two different?) which my parents have accepted to be. My father is the primary earner in my family and his income alone is enough to surpass the 125% above poverty line, but because he files jointly with my mother (whose income is less than my father's, but not negligible) she will need to file an I-864 as well.

The 'correct' term is joint sponsor - or that is what they use on most documents. Co-sponsor works just as well.

Technically, according to the guidelines, maybe your Mother doesn't have to. However there have been a few cases lately where, at the interview, the CO has asked for an I-864 from the joint tax filer - they may understand the guidelines differently - this may go back to the whole Sponsor vs Joint sponsor interpretation.

(same link as above) - If a sponsor filed a joint tax return with a spouse, but is qualifying using only his/her own individual income, the sponsor must submit evidence of that individual income. This evidence would include, for example, the sponsor’s own W-2(s), Wage and Tax Statement, and if necessary to reach the income requirement, evidence of other income reported to IRS which can be attributed to him/her, usually on Forms 1099.


In the "individual income" field on the I-864 they will each write in the sum of their W2 forms and in the "household income" field they will write their combined income as it appears on their tax return. They will then both provide copies of their joint tax return (1 copy for each I-864) as well as copies of their supporting documents (W2 forms, etc...). Is this all correct so far? In my situation there needs to be a total of 3 I-864 forms (1 from me, 1 from my father and 1 from my mother), correct?

Yes

My only confusion is why my mother does not fill in an I-864A form in this situation. From what I read it sounds like the I-864A would be applicable in this situation because while my father is the primary earner, my mother's income is used to supplement his when they file their taxes jointly every year. Is the word "household member" on the I-864A only used in relation to the primary petitioned / sponsor (me in this case) and not in relation to the joint sponsor (my father)?

The way I read it is the way you have outlined it - with Sponsor vs joint sponsor. Your father is not the sponsor, he is the joint sponsor.

Sorry again for all of the questions, but no matter how many times I read over the forms and these forums I can't seem to find a definitive answer. I called the American embassy in Tokyo yesterday (they charged me $20 for the phone call!), but unfortunately the person who talked to me didn't seem to know exactly what to do. She said that she *thinks* I should have both of my parents just file the I-864 which is what I plan on doing.

The affidavit of support documents are not 100% clear and transparent. I can only surmise that they were written at a time when immigration lawyers ruled the U.S. immigration process and therefore several of the items are implied rather than spelled out - ie: you are supposed to know a lot of this before you read the guidelines. A few examples on the forms might help!

I called one of the pay by the minute lines for the consulate here in Calgary once. It cost me $36 to explain to the person on the phone what an N-600 is.

Edited by trailmix, 22 August 2009 - 11:00 AM.

trailmixFemaleCanada2009-08-22 10:56:00