ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresChild Immigrating to US
true
Bob 4 AnnaMalePhilippines2011-08-15 22:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresOriginals required by NVC
Yep, you will not be able to move forward without them.
Bob 4 AnnaMalePhilippines2011-08-19 14:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview already set, but found typo in submitted DS-230 part 1
Yes, take a corrected document to the interview and explain the mistake. The CO will decide how to handle it.
Bob 4 AnnaMalePhilippines2011-08-22 14:38:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPreparing for wifes interview

How about those Immigration and Travel Services that specializes in Visa preparation?


The forms are not that difficult and you get more accurate info from VJ.

Spend enough time on VJ and you'll see a thread here and there where someone's process was derailed by a service and not just in the Philippines either. One recent thread mentions a Filipina who used a service back around 2000 - 2004 for a tourist visa. She was denied and since the agency faked some documents attempting to bolster her "ties to the Philippines" her immigrant visa is now held-up until they get her I-601 Hardship Waiver completed. She has a lifetime ban for Material Misrepresentation!
Bob 4 AnnaMalePhilippines2011-08-23 14:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPreparing for wifes interview

Hi, just want to know if what agency you are using? We are using an agency also...


Why would you need to use an agency? They can't get your documents any faster than you can and have caused a lot of problems for people by involving shortcuts (such as using "fixers" for documents) and regardless of what they say the US Embassy has NO affiliations with any Agency in the Philippines. In short the best they can do for you is lighten your wallet and the worst is cause you to get a lifetime entry ban for material misrepresentation (if they provide you with a single "shady" document.
Bob 4 AnnaMalePhilippines2011-08-22 10:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPreparing for wifes interview

do we really need a cemar if indeed we have the marriage certificate?


As has been stated many times in this [and many other] thread[s] YES.

They are two different documents and they serve two different purposes.
Bob 4 AnnaMalePhilippines2011-08-18 08:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPreparing for wifes interview

is it a certificate saying shes married or nso marriage certificate?cuz cemar is dif from nso marriage certificate..when she get cenomar before you guys get married its just the same w/ cemar its just that in cenomar shes single but in cemar shes married..

I'm glad someone else made this point as I've seen others confused by this.

There are actually to different "proof of marriage" documents from NSO:

One is the NSO Marriage Certificate or as my wife calls it our Marriage Contract which is the document we both signed just on NSO security paper.

The CEMAR or Certificate of Marriage(s) is basically just a list of all recorded marriages for the subject. I would include previous marriages and annotations of foreign divorce/annulment if there are previous marriages. This is why it's sometimes asked for, to confirm the absence of or proper disposition of previous marriages. In cases with a child it would also show if the child was born out of wedlock which affects other requirements (travel consent & clearance).
Bob 4 AnnaMalePhilippines2011-08-17 22:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPoverty line when non US spouse makes the money?

No I am in Denmark atm. My wife is in the US, and not doing well without my help.

PM Sent...

Your wife can request Expedited Processing on the basis of her disability and needing you with her.


Bob 4 AnnaMalePhilippines2011-09-01 13:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPoverty line when non US spouse makes the money?

Will it harm our case if I am in the US during the application process?

Are you currently in the US?
Bob 4 AnnaMalePhilippines2011-09-01 12:38:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSeeking clarification
CBP will be able to see that there is a petition in process for your intended spouse and they may ask current intent. This would be a set-up to get them to misrepresent. If the answer is "to get married and AOS" they won't be admitted, if they answer otherwise then they are misrepresenting a material fact and at ASO this can lead to denial, deportation and a lifetime ban for material misrepresentation.
Bob 4 AnnaMalePhilippines2011-08-31 13:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS with co-sponsor...help

We pay 2 AOS fee

That must be a recent change. When Anna & Gabby came in 2009 I only paid one AOS Fee.
Bob 4 AnnaMalePhilippines2011-09-16 09:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS with co-sponsor...help

AOS fee currently is USD 88.00 for single or multiple sponsors per application.

Actually if you're doing multiple I-130s (at least for Spouse & Step-Children) who are immigrating together you only pay 1 AOS Fee but you submit an AOS Packet for each I-130 Beneficiary.
Bob 4 AnnaMalePhilippines2011-09-15 19:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresOriginal Documents

With birth certificates, they can be certified copies. same with the others. I found myself in a similiar situation, and instead had certified copies produced.

Technically there is only ONE ORIGINAL and that will never leave the records office where it is stored. When you get an "Original Birth Certificate" it is always a COPY of the original made by the records office holding the original which is then marked with the office's seal certifying that it is a True Copy of the Original in their files.
Bob 4 AnnaMalePhilippines2011-09-25 16:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresOriginal Documents
Originals submitted to NVC are sent to the Consulate so they will be avaliable at the interview. If you alos provide copies or bring copies to the interview I've heard you can get the originals returned to you.
Bob 4 AnnaMalePhilippines2011-09-25 09:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNVC AOS CONFUSION
AOS Fee & IV Application Fee paid at NVC will not have to be paid again at the Consulate.
Bob 4 AnnaMalePhilippines2011-09-27 16:23:00
IR-1 / CR-1 Spouse Visa Process & Proceduresi am married from the first meeting

what means red flag?

Red Flag is a term used to indicate a Warning Sign of potential Visa Fraud. Usually things that are not within the cultural norm for your country will cause Red Flags. They vary by country.
Bob 4 AnnaMalePhilippines2011-09-28 15:01:00
IR-1 / CR-1 Spouse Visa Process & Proceduresi am married from the first meeting
Honestly a lot will hinge on your Embassy. In some countries it's not a problem but in other countries it throws up a huge Red Flag.

I had only known my wife for 3 months when we met in person for the first time and we got married within a few days of that first meeting. Our process to get her here was without any problems and took about 9 months from initial filing to her plane landing in Chicago.

You really want to find someone with experience at your Embassy though.
Bob 4 AnnaMalePhilippines2011-09-28 10:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQUESTION IN REGARDS TO IR-1/CR-1

Thanks for clarifying. Sounds to be more complicated than just being able to fill out forms since you were here illegally. But I will let the more experienced VJers answer

The illegal entry is why she MUST return to Mexico for Consular Processing. Since she never had legal status in the US she can't adjust status in country.

Once she leaves she will incur re-entry bans for her illegal presence (based on time in the US since 6 months after her 18th birthday.

She'll be denied at the IV Interview and need to submit a a Hardship Waiver immediately. If approved the waiver will allow her Visa to be approved.

Now if she's used false documents or claimed to be a US Citizen to work (filled out an I-9 Form) then her problems just got a whole lot worse.
Bob 4 AnnaMalePhilippines2011-09-30 16:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHELP
Rhiz,

You say you've been with him for 5 years, how often does he visit you?

I married my Wife in Jan of 2009 and filed the petition for her in April of 2009. She landed in the US in November of 2009! I can't imagine her not being here more than 2 years after our wedding...

If you husband loves you then your immigration process is important to him and he wouldn't just lose the receipts and such. When we were "in the process" I scanned & e-mailed copies of everything to my wife within minutes of it hitting my hands. She knew where we were every step of the way. We were partners in the process just as we are partners in life.

Maybe you need to take a step back (out of the situation) and look at your marriage from outside of it. Does he treat you like the most important person in his life? Does he make you his priority?

I can't say because I don't know either of you but honestly something doesn't add-up based on what you're saying here.
Bob 4 AnnaMalePhilippines2011-09-26 11:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHELP

u can file for divorce...i heard u can in your country....hope things go ok for u...if u dont trust him,,,go with your heart...u deserve better!

No she can't, she's in the Philippines, there is no Divorce.
Bob 4 AnnaMalePhilippines2011-09-26 11:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS & DS-230 submitted then receives checklist cover letter
A quick call to the NVC can clarify the I-864 (AOS) Issues. The other notices sound like what's commonly referred to as "False RFE" where they are expecting to receive the DS-230 so they send a "Check list" for it.
Bob 4 AnnaMalePhilippines2011-10-04 08:32:00
IR-1 / CR-1 Spouse Visa Process & Proceduresdo we need a police report if barely under a year??

Not sure. It says:

"POLICE CLEARANCES: Required from every country you have resided in for ONE YEAR or more since age 16. (Canada?)"

Exactly like that. That's why it's confusing. Should we go to the interview anyway and see what they say?

Since you're only talking about a 2 week diference I'd say if you can get it relatively easy & cheap then I'd do it just to be safe. I've never heard of someone being denied because they provided too much.
Bob 4 AnnaMalePhilippines2011-10-03 10:06:00
IR-1 / CR-1 Spouse Visa Process & Proceduresdo we need a police report if barely under a year??

- What happens if we go to the interview and they ask for the Canadian police report and we don't have it? Will our visa be refused?
- Can they ask for it if it's under 1 year? Is is 100% up to the interviewing officer if we need it or not?

I believe the Police Certificate requirement is any country where you lived for 6 months or more.
Bob 4 AnnaMalePhilippines2011-09-30 23:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat are the restrictions on the petitioner.......

Does AWA apply for Domestic Violence conviction?

No it does not.

IMBRA doesn't apply to CR/IR Visa Applications but background checks are done on the petitioner and if there is any doubt in the CO's mind they are more than free to ask your wife about your past convictions. If they do and she doesn't know abotu them then it can be added to the list of reasons they don't believe the relationship is real.

AWA does apply to ALL Visa Applications but it is limited in scope to those convicted of Child Sex Offenses.


Bob 4 AnnaMalePhilippines2011-10-06 10:51:00
IR-1 / CR-1 Spouse Visa Process & Proceduresweek no.3 and still no sign of the AOS fee bill

Do you think I need to ask my husband to email the DS-3032 or should I still wait for their email at this point of time?

If you have not already sent the DS-3032 then go ahead and do it now. If you have then I'd say wait one week before calling them again.
Bob 4 AnnaMalePhilippines2011-10-06 14:16:00
IR-1 / CR-1 Spouse Visa Process & Proceduresweek no.3 and still no sign of the AOS fee bill

Calling NVC is correct. But AOS is not linked to DS-3032 - it is the DS-230.

Correction: AOS Fee Bill isn't generated until your DS-3032 has been accepted...

So you see the DS-3032 is what gets the whole NVC ball rolling...

As the OP has already replied and indicated that I was correct now they just need to sit tight and wait for the IV Fee Bill to be generated so they can continue the process...
Bob 4 AnnaMalePhilippines2011-10-06 13:38:00
IR-1 / CR-1 Spouse Visa Process & Proceduresweek no.3 and still no sign of the AOS fee bill
Call NVC, they might not have received your DS-3032 (Choice of Agent Form)...
Bob 4 AnnaMalePhilippines2011-10-06 12:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1 Interview

I understand what you are saying but I have met all the requirements. I didn't file my 2010 return because it's my legal right as a US citizen. The NVC asked about it and so I supplied what was required instead of the tax return. Any person with common sense could take one look at my W-2 (2010) and letter of employment which were requested as well and see what I earn/earned as proof. Obviously she didn't have any. My wife is a lawyer in Colombia but will be studying to become one once she arrives here and then it won't cost us a thing, besides time. I have subsequently, as of today, filed my 2010 return. Is that enough to bring to the next interview or do I need to get a co-sponsor?

Any person with common sense would understand that when the Consulate wants a Federal Income Tax Return for the most recent year. and the instructions from the I-864 specify that you need to supply it. Also the instructions tell you: "For purposes of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered." (excerpt from the instructions for I-864). Current pay stubs and employment letter are secondary evidence to support your ITR Filings and demonstrate that your claimed income continues.

As for your contention that you filed an extension the instructions state, "If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation."

Filing an extension doesn't exempt you from being required to file, USCIS clearly instructs you have filed your ITR for the 3 most recent years BEFORE submitting the I-864.



Any case you file won't get far because you failed to follow the clear instructions for the form.

Are you sure your wife has another appointment? Usually the consulates just ask the applicant to return on (or by) a certain date to submit the needed documents.

Edited by Bob 4 Anna, 27 September 2011 - 04:11 PM.

Bob 4 AnnaMalePhilippines2011-09-27 16:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1 Interview

My wife is a lawyer and specializes in administrative law and believes full well that we have a case.

So you wife is a lawyer in Columbia? I guess that makes her an expert in US Law? Your biggest problem is going to be that Immigration is a privilege not a right and you must meet the requirements to be allowed that privilege.

The I-864 was approved by the NVC, the poverty line for 2 people is ~$18K and I make ~$75K.

The NVC doesn't actually approve anything. As another VJer said they simply look over it for apparent completeness. The actual nuts & bolts of what is accepted as income can vary slightly from one Consulate to another.

The reason she didn't understand was because my 1040 had no taxable income for the year (my wages on ~$38k were listed on line 7 but deducted on line 21), due to the fact that I had also filed Form 2555 because my income was tax exempt in the US. I also provided a letter along with my tax return explaining that I lived in Colombia, earned my salary there, the amount I earned and that it was tax exempt. The NVC understood it. This incompetent consular officer couldn't. Therefore, it was a false assessment. For 2010 on legally on extension and have provided Letter 1722, my extension form, my W-2's, employment letter and pay stubs because I worked the full year in the US.

Therein lies your problem, you basically have not provided proof of income for 2010, since it's past tax season the Consulate wants that most recent FY ITR. FWIW, your 2009 Return doesn't help you at all because they look at your Taxable Income!

Go ahead, file a lawsuit after your wife gets here. Just don't expect it to do anything other than cost you time & money...
Bob 4 AnnaMalePhilippines2011-09-27 14:43:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1 Interview
No.
Bob 4 AnnaMalePhilippines2011-09-27 11:37:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAbout NVC
You must use Internet Explorer for the Fee payment site. Chrome, firefox & safari won't work.
Bob 4 AnnaMalePhilippines2011-08-19 14:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresEVIDENCE OF BONAFIDE MARRIAGE
For recent marriages the I-130 doesn't really need a lot of evidence. Have travel receipts from your trip to the wedding and your marriage certificate. My wife & I were married at the end of Jan, 2009 and file the I-130 in April of 2009. We already had a couple of Joint Accounts but other then that our evidence was the Marriage Certificate, my passport stamps & boarding passes.

If you had been married for a year or more then I think USCIS would expect to see more things like joint accounts.
Bob 4 AnnaMalePhilippines2011-10-10 14:58:00
IR-1 / CR-1 Spouse Visa Process & Proceduresgetting worried =/ any advice or honest opinions would be helpful
I psycho-dialed NVC (have the automated system prompt responses and USCIS Case number stored in the phone number so I press 1 button and it gets me through the system to the info I want) while we were waiting for our 2nd little guy's MNL Case number, it took about 28 days IIRC.

There's no need to harass a live operator before they have assigned an Embassy case number.
Bob 4 AnnaMalePhilippines2011-10-13 13:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresOn i864 do you provide total income or adjusted gross income?
The instructions tell you exactly where to get the information on your 1040.
Bob 4 AnnaMalePhilippines2011-10-10 16:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMy non-US girlfriend already has 10y Tourist visa - IR-1 correct?
You want a CR-1.

Her having a B1/2 Visa is irrelevant to the Immigration Process.
Bob 4 AnnaMalePhilippines2011-10-25 12:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHealth Insurance
My employer also uses BC/BS and I have added a total of 3non-resident alien dependents to my health insurance prior to them being issued Immigrant Visas so they didn't have SSNs.

Maybe you could ask someone at BC/BS to contact your employer and correct the misunderstanding?
Bob 4 AnnaMalePhilippines2011-10-28 11:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMy affair with NVC

All I want is my case number, so i will try again on Friday and next Monday, then hopefully things will start moving along. Because once December hits, we deal with the embassy closing for u.s and ja holidays, which essentially covers almost a week.

You're not going to get a December interview at this point anyway (unless Jamaica doesn't have enough applicants to fill their interview slots) .

Since you're CR/IR-1 You;ll need to do the DS-3032, I-864 & DS-230 along with the associated fees at NVC which will take a 2 - 3 weeks at best to process once you have a case number. Figuring that CR/IR Embassy Appointments are assigned by the NVC during the first week of the month for the next batch of available interview dates (most Embassies it's the following month but some are backlogged a few months).

If you got your case number today and were able to get the NVC process completed before the end of November then you could expect a January Interview (in general).
Bob 4 AnnaMalePhilippines2011-11-08 13:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIr/cr
Since it can't be obtained due to residency requirements she won't need it. This exact question has been asked & answered dozens of times in the Philippine Regional Subforum...
Bob 4 AnnaMalePhilippines2011-11-29 17:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresJust Married

I am a U.S citizen and I want to register my wife. What do I need to do,and how long will it take.

What exactly do you mean by "Register" your wife?

If you're looking to move her to the US even if she gets approved for a Visa she can't enter the US before you do so you will need to take care of your legal issues here first.
Bob 4 AnnaMalePhilippines2011-11-30 15:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAm I applying for the right visa?

I get where you're coming from but two issues will sink this ship prior to concerns about adjusting status.

1. Not going to get the student visa to begin with because of immigrant intent.
2. If not 1, then there will be no adjustment of status until AFTER the husband is living in the USA with his foreign spouse.

You can get an immigrant spouse visa while the USC spouse is living abroad but not for use to enter the USA prior to the USC spouse. The two education paths conflict. This conflict is the first thing to resolve.

Just FWIW,

We're agreeing that the Student Visa probably isn't the proper route to take and the Spousal Visa will have it's own problems (though they might be able to overcome them if the USC still has domicile in the US).

I'd think the USC's US domicile might come into question with clear plans to live overseas for 2 more years though.


Bob 4 AnnaMalePhilippines2011-11-29 17:47:00