ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresMarried in DR but wife has been petitioned by sister-Advise!

There's red flags all over this one. married before and denied a CR-1 before. open petition by a sister. And now another marriage and another CR-1? There will definitely be extra scrutiny during her interview. Has he seen the actual denial letter or was this just what was told to him?

 

The petitioning part on his side will be pretty straight forward, but when she gets to the interview, she'll need very solid proof this is a real marriage and not just an attempt to get to the USA. 

 


CaryhMalePhilippines2014-04-03 13:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAny chance I can get my visa expedited?

They do not lightly hand out expedites. The criteria is on the link below.

http://www.uscis.gov...pedite-criteria

 

No one can say if you'll get one or not. You have a lot more reason that I've seen many that have applied, and for that I mean the father's current operations. Taking care of a daughter alone, many millions do that in this country, without having parents that will help. Aging mother will bad knees, plenty of those to, although that all might be adding into the burden on your husband and help to push the expedite request through. Just don't get your heart set on it. 


CaryhMalePhilippines2014-04-15 09:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresChanging Insurance While Visa is in Process

 

I agree, but I've read that insurance together in considered evidence. 

 

And joint health insurance is evidence for AOSing from a K-1, removing conditions. But no one is expecting to see joint health insurance when you're living in different countries. As someone also mentioned, you could use life insurance, with each other as beneficiaries if you're already married. 


CaryhMalePhilippines2014-04-24 09:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresChanging Insurance While Visa is in Process

Immigration is usually considered a life changing event, which would allow the addition of your wife when she arrives. It truly makes no sense to get her health insurance which can't be used in the country she resides in.

 


CaryhMalePhilippines2014-04-24 09:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresStudent Spouse in US

Unless you get a work visa, most nonimmigrant visas will not allow you to work in the USA. You can't move here with the intent to file the CR-1/IR-1 visa. You could visit here, during the process, but it will be completed in Canada, where you'll need to maintain your residence. If border control believes you're entering the country in an attempt to live here without a proper visa to do so, they will deny you entry. 

 

 


CaryhMalePhilippines2014-04-24 09:55:00
IR-1 / CR-1 Spouse Visa Process & Proceduresk1 visa denied to getting married

Oh yea that's a good point. Thanks for pointing that out. I am glad it worked oit for us.
And oh one more thing I haven't mentioned, the ceremony happened after the interview and I was granted a visa. We scheduled the interview before the ceremony.
But yea, I would take your advise into consideration had I known it before.

 

That has also been known to haunt people and cause problems later. 

These so called blessing ceremonies have been getting more common in the Philippines with K-1's, and the embassy is going to react eventually, as they have done in the past. It will not be a good thing when they do.


CaryhMalePhilippines2014-04-25 13:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresBringing Canadian Husband to the US

Yes, you also fill out an affidavit of support I-864. 


CaryhMalePhilippines2014-04-28 14:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat comes NEXT?

Just enjoy your life and start living. She's got nothing she has to do until the removal of conditions comes up.

 


CaryhMalePhilippines2014-04-29 09:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864, Affidavit of Support . help pls

You've got the current income requirement correct at $19,662 for a family of 2. 

http://www.uscis.gov...form/i-864p.pdf

 

If she doesn't make that income, she'll need a joint sponsor or to make up the difference in assets that are acceptable to USCIS. 

 

http://www.uscis.gov...fidavit-support

If You Can?t Meet the Minimum Income Requirements

If you cannot meet the minimum income requirements using your earned income, you have various options:

  • You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).
    • Exceptions:
      • If the person being sponsored is a spouse, or son/daughter (who is 18 years or older) of a U.S. citizen: The minimum cash value of assets must be three times the difference between the sponsor?s household income and 125% of the federal poverty guide line for the household.
      • If the person being sponsored is an orphan coming to the United States for adoption: The adoptive parents? assets need to equal or exceed the difference between the household income and 125% of the federal poverty line for the household size.
  • You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption. To use their income you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. They must also complete a Form I-864A, Contract between Sponsor and Household Member. If the relative you are sponsoring meets these criteria you may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members.
  • You may count the assets of the relatives you are sponsoring.

CaryhMalePhilippines2014-05-08 13:23:00
IR-1 / CR-1 Spouse Visa Process & Procedureshelp please I-864A

They would enter 0 for income and add an explanation why no income tax was reported. 

As Debs was mentioning, using a car is not going to be easy. If it was an extra collector type car with an appraisal it might be viewed as an asset. But they might want to view this as a necessity and not something that can be liquidated if needed. Also a car can be gone tomorrow its in a crash. Generally cars are not seen as assets by people, but rather needs that continue to cost money.

 

 


CaryhMalePhilippines2014-05-29 11:35:00
IR-1 / CR-1 Spouse Visa Process & Procedureshelp please I-864A

No income isn't going to work well when her only asset is a car. Is this a member of the same household?

 


CaryhMalePhilippines2014-05-29 11:27:00
IR-1 / CR-1 Spouse Visa Process & Proceduresi-130 priority dates for spouse of U.S citizen

Priority date for spouses of US citizens is immediate, or the date on the NOA1.

How long it takes to get the interview varies by embassy. Basically how many interviews they can do per day versus how many applicants they have. Then there's the process between the petition approval and before setting up and interview date. Every step has a bit of a wait, depending on the load of the department that must process it.

 


CaryhMalePhilippines2014-05-28 14:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNVC case completed and now waiting for an interview

pregnancy is not considered an expeditable event. If it was, everyone would be trying to get pregnant. 


CaryhMalePhilippines2014-06-06 07:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat if I move to a different country during/after the IR-1/CR-1 process?

So I can keep calling the NVC every year to keep the case active? Any idea how long I could do this? What would happen if they have a green card and I refile the IR1 using consular fililng? 

 

They would need to give up their green cards before you file again. The delaying the case and repeated calling would keep the case going though. You can pretty much do this indefinitely with the IR-1 visa. The IR-2 for the daughter, aging out might be a consideration, I'm not sure how that would affect you.

This is a matter of being heartless, this is a matter of enforcing the laws as congress has written them. 


CaryhMalePhilippines2014-06-09 08:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat if I move to a different country during/after the IR-1/CR-1 process?

Isn't there a clause where by you can file an extension for the green card if you are out of the country for 2 years? I would like for her to get the green card and file the extension. We will visit once a year. I do not want to go through this whole agony again later. 

 

Yes there is. But it does not guarantee the border control will allow her re-entry. The green card is given to a permanent resident, living in another country means she's not residing in the USA. They have also been cracking down on people who have green cards but spend as much as half the time out of the country. If she were to enter, get her green card, immediately leave and apply for the re-entry permit, she's going to run into trouble fast. She might get away with it once, a big might from how fast you say you want to do this. But to only come back for a vacation and then attempt to repeat it, would likely get her green card yanked if she left again, as she's never shown her true residence is in the USA.


Edited by Caryh, 06 June 2014 - 09:34 AM.

CaryhMalePhilippines2014-06-06 09:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat if I move to a different country during/after the IR-1/CR-1 process?

If she does not take up residence in the USA, her green card will be considered abandoned and she'll lose legal residence status and the ability to enter into the USA. If she's going for citizenship, she will need to be a green card holder married to you for three years. In the final 18 months before filing, she must be living in the USA completely, minus short visits out of the country. 


CaryhMalePhilippines2014-06-06 07:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresBringing photos to the interview for proof of genuine marriage

London will not want to see a bunch of photos. They don't dwell on relationship proof. It would be rare for them to ask for evidence, other than seeing your marriage certificate. Take 4 photos if you would feel better having some with you.

 

:thumbs:  certainly much better advice from someone in the know of the embassy involved. 

Popping by the UK forum and reading other's experience might help calm the OP's nerves.


CaryhMalePhilippines2014-06-12 15:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresBringing photos to the interview for proof of genuine marriage

They must be printed out. Embassies will not accept electronic media. Dates and descriptions should also be included with photos.

 


CaryhMalePhilippines2014-06-12 14:21:00
IR-1 / CR-1 Spouse Visa Process & Proceduresspouse visa

Here in manila Philippines! Would that still be possible since i dont have aany communication with y wife for 3straight years?

 

No it is not. She would have to petition for you to be with her. The CR-1/IR-1 visa is a family unification visa, therefore it requires the US citizen to petition for their spouse to join them in the USA. Being the spouse of a USC gives you no special rights to come on your own.


CaryhMalePhilippines2014-06-16 15:29:00
IR-1 / CR-1 Spouse Visa Process & Proceduresspouse visa

You cannot self petition as a spouse of a USC. Your spouse must petition for you.

 


CaryhMalePhilippines2014-06-16 15:22:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNVC Affidavit of Support and tax amendment

 

Or Married filing separately.  Married really is married and the US tax code provides a "married" filing option for all married folks.

 

Yep, which precludes you taking some types of deductions, which a single filer can take, otherwise the tax charts are the same. Its the taking of those deductions when you're actually married that can get you in trouble with the IRS, should you be audited.

 


Edited by Caryh, 19 June 2014 - 08:03 AM.

CaryhMalePhilippines2014-06-19 08:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNVC Affidavit of Support and tax amendment

You did it right the first time, because she dont live in the states yet and you cant file as married,  Thats how I filed my income tax this year, single.  I went to the interview and I didnt have any problem.  Good luck !!

 

You still file as married, but is the married filing separately. A single person is allowed different deductions than a married filing separately, which basically has the same tax rates except for the limited deductions.


CaryhMalePhilippines2014-06-17 15:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan you apply for a Tourist Visa while I-130 is pending?

Its okay to apply for a tourist visa however the immigrant intent is already there (because of the i130 filed) so the chance of getting approved is kinda slim.

 

Sounds like her husband also has a history of coming to the USA on visas and keeping in compliance with the visa. That record will certainly help him in a quest to obtain the visitor visa. It would be much different had this been a first time application for a visa. Although he still might get a bit of extra scrutiny over it, with the pending spousal visa to immigrate.


CaryhMalePhilippines2014-06-24 15:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS Joint Sponsor.

No, you do not need to live with the co-sponsor. Sounds like you're good to go as long as the co-sponsor has enough income.

 


CaryhMalePhilippines2014-08-04 11:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow to fill in Affidavit of Support if I live abroad and never paid US taxes?

Thanks, now as a follow up question, If I were to move back to the states alone, how long would I need to have been living there before I can file for my wife's IR1 visa? Thanks so much for your time!

 

As soon as you move here and decide this is where you now reside. You could file from where you're living now and move back when the process is completed. The issue is usually having a co-sponsor who will sign an affidavit of support to assist you, since you have no USA income, unless your freelance software development work would come with and sustain you and your family at 125% of poverty level.


CaryhMalePhilippines2014-09-09 15:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow to fill in Affidavit of Support if I live abroad and never paid US taxes?

It is a requirement of all USA citizens to file their taxes even if living and working abroad. In most cases no taxes are owed, but you still need to file them. You could file taxes late, there will be no penalty as long as you do not owe on them.

 

http://www.irs.gov/I...ng-Requirements

 

 

This one might be a bit easier to follow though

 

http://americansabro...ing-abroad-faq/

 

 


Edited by Caryh, 09 September 2014 - 02:59 PM.

CaryhMalePhilippines2014-09-09 14:56:00
IR-1 / CR-1 Spouse Visa Process & Proceduresadjusted gross income

Hi VisaJourney,

 

I have a question about filling-up the Affidavit of Support. Where can we find the ADJUSTED GROSS INCOME?  Thank you.

 

line 37 of your 1040 tax form.


CaryhMalePhilippines2014-09-18 09:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 denied today

I suggest this was never 'cleared up'

http://www.visajourn...he-Philippines/

 

 

 

USCIS has been forwarding the criminal records of petitioners who have been denied because of the AWA to the Philippines. The Philippines has been putting those petitioners on a blacklist and denying entry into the country. This leaves the couple's only option to move to a third country if they wish to be together, as the petitioner is neither allowed back into the Philippines, or allowed to bring the beneficiary to the USA. 


CaryhMalePhilippines2014-09-18 14:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresExpidite Process and Form

 

that's so crazy! sometimes their fast sometimes their slow..i wonder what goes on in those places. and it seems like their under cover because it seems like no one knows the inside story! lol! from what i hear when you get the congressmen and senator it seems like stuff gets done.. im actually happy to hear that..

 

Oh definitely its a complete mystery as to why. Go look at removal of condition applications right now. California is processing in 3 months, while Vermont is at 7 to 8 months, and they've started forwarding them to California. This has been going on all year! why such a huge imbalance. And in just about everything Vermont is currently very far behind California, even though things like K-1's have been sent to Texas, who fell behind, so they've been sending them on to California. Why is California suddenly able to get so much done while the other service centers can't?

 

One would hope there is a new process and system that has gone in place in California, which the others have yet to receive. But that's probably just wishful thinking. But if would be nice for future filers.


CaryhMalePhilippines2014-09-26 14:43:00
IR-1 / CR-1 Spouse Visa Process & ProceduresExpidite Process and Form

no no I been around this site long enough to know the " I want to be with him sooner so I need an expedite" doesn't cut it.. yea I figured getting them involved on a normal case shouldn't be so i wont, and the senator does stuff with our church and met her so if need be i know it wouldn't be a issue if i bring it to her . ..but I would go through the normal expedite process like dwheels suggested and give them a call or email when it gets to the NVC stage .

 

Glad to hear it. Our congress woman assisted in getting my wife's green card, she came on a K-1. At the time adjustment of status applications were getting backlogged heavily as they had dropped the number they were processing to about 10% of the number coming in. We went past the published date and got the congresswoman involved and had my wife's green card in about three weeks. Shortly after they pushed the published time out to 10 months, so we barely got under the wire and got her's in 8 months. Keeping abreast of what was actually happening in at USCIS made all the difference in the world, as many that filed at the same time as us waited over a year to get their green card. You never know what kind of wait you're going to run into dealing with USCIS, and its constantly changing. 


CaryhMalePhilippines2014-09-26 14:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresExpidite Process and Form

oh I see , alright !

 

Senators and congressmen in general will only help you when something goes wrong, like in his case where they lost his files and were over due to get the work done. Or if your case has gone beyond the published normal time. Might take a little sweet talking to get them to help out in a normal expedite. If you call the representative's office, try to talk with the immigration liaison. They're actually the person who will help you on your case. It seems all branches in the process (USCIS, NVC and Embassy) are pretty good about expediting cases when there is a valid reason that meets the expedite requirements. If you're looking for one just because you want to be together faster, it's not going to happen.


CaryhMalePhilippines2014-09-26 14:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresExpidite Process and Form

 

For real. Oh to have some magic and a rewind machine. Caryh you are a dear. (F)

 

If you find that rewind machine, I'd like to shave about 20 years off of me  :lol:

You're a wonderful person to be here still helping out after what happened with your own journey. You more than anyone deserves to find the perfect person for you.


CaryhMalePhilippines2014-09-25 15:18:00
IR-1 / CR-1 Spouse Visa Process & ProceduresExpidite Process and Form

hahahaha true true.... I don't know why but when she said since it looks like you been approved my heart jumped...like she was the person saying I was approved :rofl:  :rofl:  :rofl: . I was like to myself...I am! :o

 

We all jump for any hope when we're in the waiting stage. :lol:  My wife has been here three years now, we've only the citizenship waiting game left. But in ten years we're reversing this process and moving to her country.

Good luck on your journey!


CaryhMalePhilippines2014-09-25 14:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresExpidite Process and Form

 

thanks !!!

 

:secret: im checking the website anyways just incase you spoke something into existence ! :innocent: lol

 

If she could, she'd have everyone waiting here on her case to speak her magic for them too  :rofl:


CaryhMalePhilippines2014-09-25 14:22:00
IR-1 / CR-1 Spouse Visa Process & Proceduresexit clearance for bb stamp

Did you get your CFO stamp in your passport. They won't let you leave unless you've got the CFO stamp.

 

I'm a bit confused about your husband and son having the balikbayan stamp. They entered the country with you and hold American passports? 

 

 

Mods if you can move this to the Philippine forum, this is a country specific question.

 


Edited by Caryh, 08 October 2014 - 10:06 AM.

CaryhMalePhilippines2014-10-08 10:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTax transcript

Check this forum for details specific for your country.

 

http://www.visajourn...ca-sub-saharan/

 


CaryhMalePhilippines2014-10-08 13:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTax transcript

Thanks u so much for your quick reply...do appreciate this may God bless me....pls need to verify this from u bcuz I think u know better.... Do I need to pay for any charges before obtaining the slip

 

IRS tax transcripts are free.


CaryhMalePhilippines2014-10-08 10:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWorth mistake I ever made!

@Caryh I'm concern about his status because I one I obey the law and I know I have to file within a time frame and I need to understand how can I be jeperodie in anyway. And he if he decide to leave the home he know where I live and that can make matters worst as he know that he is at a point of not getting what he wants. So I'm covering all my points invoking police now is involing USIC as they will need to know why I didn't file roc and no divorce has been file.

@milmelo thank you for that information I will def. keep that in mind and will proceed with this.

 

You are under no obligation to file ROC for him. This will create no trouble for you and there are no laws saying you must. If you have evidence of fraud, you could report that, but it has to be hard evidence, not I heard, I saw, or someone told me so. It needs to be hard paper evidence, such as emails or texts he's sent saying he only married you to get a green card. You can report he is no longer in the home, once he is gone. If you move while he's in the USA and still under the I-864, you must report where you move to, but that is the only thing you're required to do by law. You should have filed charges when he abused you and left you bruised, gotten a protection order, and no longer had any contact with him. You should still get that protection order, and then change the locks. If you're really worried about him returning, then changing residence yourself for a while might be a good plan.

 

The ROC is not something you file. Neither was the AOS if he was a K-1 immigrant. They are both something the immigrant is required to file, but not the petitioner. If you were to call USCIS about either a ROC or AOS petition that your spouse filed, they could tell you nothing, as you're not the person filing and its none of your business what the status is or if they even filed. 

 

What is important is you get yourself safe and out of this abusive situation. 


Edited by Caryh, 09 October 2014 - 01:03 PM.

CaryhMalePhilippines2014-10-09 12:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWorth mistake I ever made!

If he's abusing you like that, why are you even living in the same place as him? Getting away from him should be your concern. And you don't file the ROC, the immigrant files the ROC. They can file with your cooperation or not. Although filing without requires an abuse complaint from him about you, or a divorce decree. You should be worrying about your safety, not about his status right now.

 


CaryhMalePhilippines2014-10-09 11:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffidavit of Support with PENSION/RETIREMENT funds?

If she gets a check, photocopies of the check or check stub. If she gets direct deposit of her pension, photocopies of the bank statements highlighting the pension deposits.

If she gets an annual plan statement of benefits, a copy of that statement.

 

 


CaryhMalePhilippines2014-10-15 13:40:00