biggish data

QUOTE (rkl57 @ May 25 2009, 02:06 PM) <{POST_SNAPBACK}>

Would you be allowed to DCF with an EEA family permit?

I am not an expert on it, but I know in the past there have been limits on people using it who were UK residents. For example, you used to have Unlimited Leave to Remain, which would have meant living 2 years in the UK, though I believe that requirement has been relaxed.

aha! is this true? this is great to know. meeting with lawyers this week to get some more info. this is a very good question to bring up. extremely essential, in fact. thank you!

if may get ahead of myself for a second: if i were living in the UK with an EEA2, and we wanted to apply for my husband to come to the States, would it be possible to just go ahead and file CR1 from outside the states since DCF might not be possible? or does CR1 from outside the States not work either?

(we're just trying to get creative with our options so that we can stay together... hmmm.)

*edit timed out. sorry for the re-post.*

chrissiemissie

Female

Poland

2009-05-26 23:26:00

QUOTE (rkl57 @ May 25 2009, 02:06 PM) <{POST_SNAPBACK}>

aha! is this true? this is great to know. meeting with lawyers this week to get some more info. this is a very good question to bring up. extremely essential, in fact. thank you!

chrissiemissie

Female

Poland

2009-05-26 23:18:00

eek, sorry to post yet again.

but looks like there might not be an immediate interest in this on VJ. so i'll stop posting questions and updates here.

if there's anyone who wants to know more or share an experience, just PM me.

ta!

chrissiemissie

Female

Poland

2009-05-25 12:34:00

*sorry that link to the UK-Yankee EEA2 thread was broken, try this:
http://talk.uk-yanke...70918#msg770918

chrissiemissie

Female

Poland

2009-05-24 16:01:00

hello all UK/US families! though i've posting around the CR-1 forum for a few weeks now, i'm kinda new to this forum. so i just wanted to introduce myself with a big hello. =D and quick description: my husband's the Polish citizen/EEA national/UK resident and i'm the US citizen.

i saw some posts here regarding EEA processes. but as my questions were still many, i started posting over at UK-Yankee . here's my thread on UK-Yankee

since we're considering the possibility of doing the EEA2 process and doing DCF in the future (to reduce time apart, and also for financial/job reasons), i thought it would be relevant to share my questions/discoveries here on VJ as well.

and here's a quick rundown of recent questions/discoveries for anyone on VJ who's also interested in this path:

1) if both options, EEA2 and Spousal Visa (how they are calling it on UK-Yankee, but i'm seeing it elsewhere as Settlement..?), are available to you (as they are to us), which is the preferred process? What are the outweighing benefits of one or the other?

2) so far looks like Spousal Visa costs quite a bit: 585 pounds for normal filing and higher fee for 24-hour processing and EEA2 is free. is this the information others have?

3) looks like you can file for quick processing for EEA2 as well? http://www.ukba.home...dereuropeanlaw/
anyone with recent experience with EEA2? how long was the processing time? did anyone apply in person? was it really a day turnaround?

4) do we need to file for an EEA family permit first? (saw an EEA family permit mentioned but not explained on BA website) and then file for EEA2 from within the UK?

5) to apply in person in Croydon are both the EEA national and non-EEA spouse required to be present?

(disclaimer: i am totally finding out everything as i go. and yes, perhaps this is not the best/smartest/quickest option. that i don't know yet. but if you do know, please share with us and correct me. =D ;D and i'm not trying to simply duplicate information/misinformation by posting on VJ as well as UK-Yankee. rather, simply trying to involve as many interested/experienced as possible so as to flesh out options available to UK/US families.)

thanks to all who are interested in this topic! and a billion thanks to anyone who can share information!

Edited by chrissiemissie, 24 May 2009 - 03:53 PM.

chrissiemissie

Female

Poland

2009-05-24 15:48:00

QUOTE (Reba @ May 8 2009, 06:26 PM) <{POST_SNAPBACK}>

For processing timelines, check either the appropriate consulate websites, and/or the timelines section here at VJ.

I will also suggest the CR1 rather than the K3. K3 is just a waste of paper these days.

this is so amazing. why did the lawyers not tell us about this??? but thank you everyone times a million for telling us about the CR1.

but can i ask some more naive questions? i now know about the basic difference between the two, and i checked out some timelines here. and do my eyes deceive me, or does it look like the CR1 is actually a much shorter process, as of late? timelines for the CR1 looked like 6 to 8 months, where the timelines for the K3 i briefly scoped out were like 12 to 18 months. is that generally the average processing times for the two? if so, anyone know why the CR1 (which gives you residency, work permit and travel capabilities off the bat) shorter than the K3 (which requires adjustment of status).

oh lordy lord, thank heavens for all of you here!!

chrissiemissie

Female

Poland

2009-05-08 21:12:00

QUOTE (pushbrk @ May 8 2009, 02:06 PM) <{POST_SNAPBACK}>

QUOTE (chrissiemissie @ May 8 2009, 10:42 AM) <{POST_SNAPBACK}>

so basically we were told that he should leave and file to re-enter as a spouse on the K-3, and that was the least riskiest way. is that what you guys have heard? or this not so accurate, what we've been advised.

and sorry, maybe i made it confusing by saying processing. (sometimes i don't even know what i'm talking about.) i think i meant, the visa interview. so according to what we've been advised to do: we're getting married sooner that planned, he's returning to his old job in the UK, i'm filing all paperwork here in the US (I'm in California), and he's going for his interview in London or Warsaw (we were told he could choose. it just depends what we put on the I-129F, i believe it is, for question number 20. (it says that "acceptance outside the country of your fiance's last residence does not guarantee acceptance for processing by that foreign post." but we were told by the embassy in warsaw and by immigration lawyers here that we shouldn't have a problem choosing either one.)

hope some of this stuff clears up any questions on our lovely, lovely situation

because it is after all, just about love and staying together.

so after all that rambling and attempt at clarifying, do you guys think we can only apply in the US or in London??? your input is valued with the utmost respect. million thanks!!

There is no choice of station for a K3 visa unless you change residency too. A K3 visa interview is in the country of legal residence in all cases where the marriage takes place in the US.

A CR1 visa, not the K3 would be my recommendation. It will be just as fast, significantly less expensive and far less trouble for you. With a CR1, you actually can choose between interviewing in country of residence and country of citizenship when they are different. The K3 location restrictions only apply to K3.

Be careful with "We were told....". Many are simply told wrong.

thank you. hmm, need to look into the CR1. haven't heard about it until now.

chrissiemissie

Female

Poland

2009-05-08 13:10:00

QUOTE (pushbrk @ May 8 2009, 01:21 PM) <{POST_SNAPBACK}>

QUOTE (sunshine77 @ May 8 2009, 12:52 AM) <{POST_SNAPBACK}>

QUOTE (chrissiemissie @ May 8 2009, 12:40 AM) <{POST_SNAPBACK}>

hello everyone, i'm new to this site

so please forgive me if the answer to this question is found elsewhere.

my husband is a polish citizen but he's a resident in the UK. he'll be working in the UK through the whole K-3 application process. will he be processed faster if we say on the I-129F that he chooses to apply for a visa at the american embassy in london? or will it be faster in warsaw?

is it even possible for him to select london? will there be any tricky details that we should be aware, if we choose london?

hi

The K3 visa can only be processed in the country where the marriage took place. If the marriage took place in the U.S. then it will be processed in the beneficiery's (your husbands) country of citizenship.

good luck on your journey.

Not entirely correct. K3 is processed in country of residence when marriage takes place in US. In most cases, (not this one) citizenship and residence are the same country so it's a common misinterpretation. If the marriage took place outside the US, the K3 interview must occur in the country of marriage.

The smart play is to skip the K3 and stick with the CR1 process. K3 is virtually an obsolete visa category these days but if paying hundreds more in fees, going through a second immigration process and waiting a few months after entry to have work authorization is your cup of tea, then by all means, take the K3 route.

to make our crazy situation a little more understandable, here're some answers:
we are getting married next week, in the US!! (we pushed everything up from this summer for a polish wedding, after consulting with a second immigration lawyer.)
the first one, in january, said that we could just do the residency application for an adjustment of status after he leaves and returns this summer on his tourist visa. the second, we just spoke to this week to get clarification, said that
1) he might not be able to reenter the country on a tourist visa if they detect our marriage plans/marriage and our plans to adjust his status
2) in the adjustment of status processhis tourist visa entries, in this case, would be considered fraud
3) and therefore, to adjust his status from tourist to temporary resident, we would have to hire an attorney and the process would be very risky

so basically we were told that he should leave and file to re-enter as a spouse on the K-3, and that was the least riskiest way. is that what you guys have heard? or this not so accurate, what we've been advised.

chrissiemissie

Female

Poland

2009-05-08 12:42:00

thanks everyone for all you input. very helpful!

it seems like there are a couple answers out there, though.

we were told in warsaw when we went to get his tourist visa last year, that we could have filed in london. and there was no problem with filing for that tourist visa in warsaw, despite the fact that he had been living and working in the UK for 5 years. and the immigrant lawyer we consulted with briefly last week, they said that we could either file in warsaw or in london. is this what everyone hears as well?

so wondering, if anyone knows (or if it's like common knowledge, and i just don't know it yet..

), whether it's faster to process the K-3 visa in london or warsaw?

everyone's a star for helping out! thank you, thank you, thank you!

QUOTE (blue123 @ May 8 2009, 04:06 AM) <{POST_SNAPBACK}>

QUOTE (chrissiemissie @ May 8 2009, 01:40 AM) <{POST_SNAPBACK}>

hello everyone, i'm new to this site

so please forgive me if the answer to this question is found elsewhere.

Look at UK forum, that should give you an idea how quick embassy is in London once your case has been approved, someone from Poland may be able to tell you how quick they are in Warsaw. Not sure if it would be allowed to use Warsaw if he is a resident of the UK but someone else may be able to tell you that.
Good luck!

yes thank you for the tip! the best answer yet!!

i'll get on that.

chrissiemissie

Female

Poland

2009-05-08 12:07:00

hello everyone, i'm new to this site

so please forgive me if the answer to this question is found elsewhere.

chrissiemissie

Female

Poland

2009-05-08 02:40:00

You can send the papers while you are in the USA.
You will need to leave the USA when your time on the tourist visa is up, and wait the process out in your home country and do the medical and interview there.

Do I need to do the medical and the Interview in my home country, or I can do it in the country of my residence(UK)?

Thanks :-)

chrissiemissie

Female

Poland

2012-09-20 18:30:00

Using a tourist visa to immigrate to the US is a fraud.
You're already married to the USC, so obviously you want to live in the US.

I do understand that, but my question was if I can apply from within the US so we can be together while I'm waiting for my Green Card?, because we spend so much time apart and it would be sad to have to spend another year or more apart.

chrissiemissie

Female

Poland

2012-09-17 07:30:00

Is it possible for me to apply for the Green Card from within the US?
I already have a tourist visa to enter the US. The reason why I ask is because I have two acquaintances who say they applied for their Green Cards from within the US legally.

chrissiemissie

Female

Poland

2012-09-16 20:16:00

The forms needed to begin the process are named in the guide that has already been linked to in this thread. The forms themselves along with the necessary instructions as well as the filing fee for the form can be found at http://www.uscis.gov/

An estimated cost of the spousal visa process from filing a petition to issuance of a visa can be $1000.

Thanks a million;-) to everyone

**** two topics on the same issue merged. Please do not post more than once on an issue/ question; if you have more info or a follow on question, post it as a reply in the original topic ****

Apologize for the double post :-)

Edited by chrissiemissie, 16 September 2012 - 08:07 PM.

chrissiemissie

Female

Poland

2012-09-16 20:00:00

Did not know Tom is a polish name ;-)

http://www.visajourn...tent/i130guide1 - 10 months to 1 year until you receive IR-1 visa and will be able to join your wife.

Thanks for the info :-) appreciated ;-)

Look at the guides, http://www.visajourn...content/guides. Maybe a 8-12 months.

Thank you very much :-)

chrissiemissie

Female

Poland

2012-09-16 19:56:00

Did not know Tom is a polish name ;-)

http://www.visajourn...tent/i130guide1 - 10 months to 1 year until you receive IR-1 visa and will be able to join your wife.

What about the forms, what are the charges,where can I find out how much will I have to pay?

Thanks.

chrissiemissie

Female

Poland

2012-09-15 21:21:00

Hi my name is Tom and I'm a Polish citizen residing in United Kingdom, I'm married to my wife Christine who is a US citizen. We got married in California about three years ago and then came back to UK. We have been leaving apart for over a year now since my wife had to go back to USA, and I'm planning on moving and leaving with her in USA. I'm trying to find out how long is the waiting time for green card and what are the costs of the emigration forms, as far as I know couples who are married under a year requiring about eighteen months waiting time for non US citizen, what is the best option for me to move there as soon as I can, what is the process and procedures?
If there is anyone out there who can answer my question and by doing it help me to reunite with the person who I love the most, I would be really grateful.

Please :help:

Tom and Christine

chrissiemissie

Female

Poland

2012-09-15 07:30:00

Did not know Tom is a polish name ;-)

http://www.visajourn...tent/i130guide1 - 10 months to 1 year until you receive IR-1 visa and will be able to join your wife.

Tomek actually :-)

chrissiemissie

Female

Poland

2012-09-14 11:47:00

Tom and Christine

chrissiemissie

Female

Poland

2012-09-14 11:38:00

K-3 vs. CR-1 for fastest entry

QUOTE (marends @ May 9 2009, 12:40 AM) <{POST_SNAPBACK}>

QUOTE (chrissiemissie @ May 8 2009, 08:12 PM) <{POST_SNAPBACK}>

just to revive and update the discussion on this topic:

some VJers on another thread that i started with some K3 questions suggested that we go the CR1 route because it would be better. so i checked out some recently approved couples' timelines, and the process seemed super fast. like way faster than K3. is this true? or am i totally reading these timelines incorrectly?

thanks a million, you guys. everyone has already helped so much in clarifying these processes!

hi. Yes, this is an old post. I was the one who originally posted it. We ended up going the CR-1 route. We submitted the I-130 petition at the end of January 2009, and the petition was approved very, very fast. USCIS said it would take 6 months....just for the petition to be approved....but ours was approved in March (just 2 months). However, please be advised that Tracy was previously approved for a K-1, but she was unable to come to the U.S. on that visa, and it expired. We don't know if that fact may have contributed to what seemed to be expedited processing of the I-130 petition.

first off, congratulations on your progress. and thanks for the update on your CR1 process! this is very good to know.

chrissiemissie

Female

Poland

2009-05-09 12:27:00

K-3 vs. CR-1 for fastest entry

thanks a million, you guys. everyone has already helped so much in clarifying these processes!

Edited by chrissiemissie, 08 May 2009 - 11:15 PM.

chrissiemissie

Female

Poland

2009-05-08 23:12:00

gotcha! we put our "full name--G325a". hmm i wonder if that's enough. will look up..

chrissiemissie

Female

Poland

2009-05-09 22:49:00

shucks, thanks for the reassurance. i'm glad to hear it won't take longer. thank you, thank you, for your support and advice!

chrissiemissie

Female

Poland

2009-05-09 16:13:00

thank you guys for your advice. ok, i'll add the extra paper. (is it weird that adding another paper makes me nervous and makes me feel like it will take longer to process...

*worry* *worry*)

chrissiemissie

Female

Poland

2009-05-09 15:46:00

hello everyone, here's another confused inquiry from me regarding the G325a employment history.

what should one do when the history is longer than the 6 slots? do we just squish in two per line, or add an attached paper (which would defeat the whole paper reduction act that each of these instruction manuals go on about).

oh man, oh man, i hope we're doing everything right.

chrissiemissie

Female

Poland

2009-05-09 14:59:00

CR1 process basic questions

update: just saw lingche's NVC shortcut. will find answers to 3, 4 and 5 there. (i think..) but still wondering about questions 1, 2 and 6.

thank you all who can help!

chrissiemissie

Female

Poland

2009-05-10 00:09:00

CR1 process basic questions

hello everyone, as we're just embarking on the whole CR1 process, we have some basic questions on the CR1 process:

1) how does USCIS and NVC know that we are choosing the CR1 route? (simply from the little box down at the bottom lefthand corner of the I-130 and a cover letter? or is there like a CR1-specific form that comes along later in the process?)

2) how does USCIS and NVC know what consular post abroad that my husband the beneficiary will interview at? (do any of the forms ask us to specify?)

3) after the I-130 is passed onto the NVC, the CR1 guide says I should receive OS-169, OS-230, and I-864. but then on the NVC flowchart, i don't see the OS-169 and OS-230. instead I see DS3032, AOS Bill, DS230, IV Bill and the I-864. i know what the I-864 is, but what are the other forms? will we be doing both the OS set and the DS set?

4) what do those forms from the NVC entail? (as in, might i be able to look at a copy of the OS forms, the DS forms, AOS Bill, and IV Bill, just to prepare ourselves? or are they so straightforward that there's nothing to prepare?)

5) are there any other document fees after the I-130 fee (besides the medical exam and biometric fee)?

6) and might i be so cheeky as to ask about how long we could expect the NVC part of the CR1 process to take? would it be much longer than waiting for the NOAs from USCIS? (or is it one of those things were it just depends on each case? *in the meantime, checking out timelines* )

thank you to everyone who is reading this and might be able to shed some light on this process! thank you, thank you!!

Edited by chrissiemissie, 09 May 2009 - 11:24 PM.

chrissiemissie

Female

Poland

2009-05-09 23:22:00

QUOTE (pushbrk @ May 10 2009, 08:09 AM) <{POST_SNAPBACK}>

QUOTE (chrissiemissie @ May 9 2009, 08:51 PM) <{POST_SNAPBACK}>

yea-tourist visa. that's a good idea. i'll put my US address. thank you terca!!

Oh, for crying out loud. "Living" and "residing" mean the same thing to immigration officials. You do not reside in the US when here on a visitor's visa. Sounds like you and your wife have only visited, not resided or lived together yet. If so, the answer to the question is, "We have not net lived together." This one isn't highly critical but do try to focus on the "truth". It will help you give correct answers.

using pushbrk's "living equals legal residence" idea, what should we list on the G325a for beneficiary's residence last five years?? meaning, if we should not list the 6 month travel address (my US address) during his tourist visa visit, what should we list during that time?

you see, we left the UK permanently, applied for the tourist visa in Poland. so i guess his last place of residence logged in the US system is his Poland address.. even though we were only there for a short time.

1) so, should we put his Polish address?
2) or stick with his last UK address, even though we filed as leaving permanently from the UK?
3) and finally, if we don't list US address for the 6 month travel period, how will they our relationship logistics (that we've been together in person this whole time--living and travelling together)?

(the more i talk about this i'm surprised the warsaw officer even gave him a tourist visa, considering we've both been so transient for the past 5 years.)

chrissiemissie

Female

Poland

2009-05-10 13:43:00

QUOTE (pushbrk @ May 10 2009, 08:09 AM) <{POST_SNAPBACK}>

QUOTE (chrissiemissie @ May 9 2009, 08:51 PM) <{POST_SNAPBACK}>

yea-tourist visa. that's a good idea. i'll put my US address. thank you terca!!

ok, if pushbrk is correct. i'll use the last UK address at which we resided. we've lived together for a year before we travelled together (which includes his 6 month visit to the US). sound right to everyone else?

and to tack onto that. do we need to verify that we lived together for that question, or even for evidence of bonafide marraige? will bank statements (or tax forms) be enough? because that's all we have saved. if we do need it, my husband can't seem to find anything from residence number 2 (our "last residence together") in the UK. but we DO have documents from residence number 1 in the UK. would that be enough or are we in trouble? thank you all!

Edited by chrissiemissie, 10 May 2009 - 01:00 PM.

chrissiemissie

Female

Poland

2009-05-10 12:57:00

yea-tourist visa. that's a good idea. i'll put my US address. thank you terca!!

chrissiemissie

Female

Poland

2009-05-09 22:51:00

oh my goodness, another question from me on the I-130.

question number 22 asks "last address at which you lived together"

ok quick background to make sense of our situation:

been together since the day we met. lived from 12-2007 to 6-2008 in one UK residence, then lived from 7-2008 to 10-2008 at another UK residence. travelled to Poland to get his US tourist visa, stayed there for 2.5 months. came to the US, stayed here from 11-2008 to 5-2009. after marriage, he's going back to UK and we're submitting our I-130 for the CR-1.

should we put our US address as the last address at which we lived together (even though he's technically here as a tourist for 6 months)?
or should we put our last UK address (he can't find any documents with that address on it)?
or do we go back to the previous UK address (for which we both have document with that address on it)?

i swear it's like my head is just making things more complicated than they actually are. ???

chrissiemissie

Female

Poland

2009-05-09 16:21:00

CR1 documents

QUOTE (chrissiemissie @ May 11 2009, 01:22 AM) <{POST_SNAPBACK}>

hello again all! happy mothers' day!

i'm pulling together all the documents that we will be needing for the CR1 process, and i had some questions about the document requirements.

for the I-130:
1) do we send in photocopies of all documents for the I-130, while it's original/certified copies for the DS-230?
2) for the USC's birth certificate: my birth certificate from the state of california is a photocopy of a concise form with a purple seal--is that the most complete version they will need? and they just need a photocopy of that?
3) checking the I-130 instruction manual and VJ guide, there is no mention of the need for any benenficiary's birth certificate or passport for the I-130. just to double check is this true?
4) for the marriage certificate: do they want a photocopy of the certified copy or the certified copy?

for the DS230:
1) for the marriage certificate: looks like lingche's shortcut says send in the certified copy--is that true?

for the I864:
1) lingche's shortcut specifies we should send in original or copies of certain tax forms. but for the W-2, tax return and 1099, do they just want photocopies? for the IRS forms as well, simply photocopies?

i believe that's all from me now. thank you everyone!!

and one more question.

for the NVC process:
1) lingche's shortcut says to the NVC, we submit originals documents plus photocopies, is that what everyone does?

i know a lot of those questions are redundant, if this one's answered... but just want to cover all bases. y'know what i mean?

(this was clearly not the best way to lay out all my questions, sorry guys if it's confusiong...)

chrissiemissie

Female

Poland

2009-05-11 00:30:00

CR1 documents

Edited by chrissiemissie, 11 May 2009 - 12:22 AM.

chrissiemissie

Female

Poland

2009-05-11 00:22:00

QUOTE (chrissiemissie @ May 10 2009, 01:05 PM) <{POST_SNAPBACK}>

i wasn't replying to the question, it was my question/thread and i'm just trying to confirm an answer...?
but now this is confusing. pushbrk you say paris heart and the example form is incorrect?

SCRATCH THAT! i see what pushbrk is saying and who he's talking to.

chrissiemissie

Female

Poland

2009-05-10 13:13:00

i wasn't replying to the question, it was my question/thread and i'm just trying to confirm an answer...?
but now this is confusing. pushbrk you say paris heart and the example form is incorrect?

chrissiemissie

Female

Poland

2009-05-10 13:05:00

i think i agree with paris. seems redundant, but it's the only way it makes sense: i'm the wife of my alien relative. thank you everyone!

chrissiemissie

Female

Poland

2009-05-10 05:35:00

QUOTE (Paris Heart @ May 9 2009, 03:05 PM) <{POST_SNAPBACK}>

QUOTE (chrissiemissie @ May 9 2009, 02:31 PM) <{POST_SNAPBACK}>

this is a dumb question, i know, but here goes:

i'm filing out the I-130 for my husband the beneficiary. for question number 17 "List husband/wife and all children of your relative": do i need to list myself (his wife)as one of his relatives. or do i not, since i'm filing the form as his wife.

YES, list your name there. That is a tricky one, but yes as mention, list your name.

perfect! thank you so much for your input! everyone here is so helpful!!

chrissiemissie

Female

Poland

2009-05-09 15:44:00

chrissiemissie

Female

Poland

2009-05-09 14:31:00

I-130, Question Number 22

ok great! thank you! i'll leave it blank. (i'm just wondering, then, how will they know what consular post my husband will interview at?? or does USCIS and NVC not need to know where he will interview at? hmmm...)

chrissiemissie

Female

Poland

2009-05-09 22:47:00