ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresHELP NEEDED GUYS!



I had a interview few months ago (k1 visa) and I was asked to supply additional documents as my fiancé was full time student and wasn't working a real job. The CO said I will issue you a visa when your fiancé finds and job that pays $21k an year.


And my co-sponsor who the CO didn't accept at the interview make $35k an year, so I have been advised from people here that I should include her income with my fiancé income and send i-864 and i-864a along with fresh i-134 forms and tax transcripts.

Do you guys think this is a good thought to send these documents along with my fiancés fresh pay stubs?


And one more thing, my fiancé employer is willing to write her a letter stated that she is a full time employee and makes $19,353 an year.


Lil, it is not uncommon for the USCIS not to accept co-sponsors for K-1 visas, so adding a co-sponsor, regardless of income, will not help your case.

Worse than that, a letter from your employer which can't be verified nor corroborated by her pay stubs will end up putting your case in jeopardy.

Unfortunately, there is nothing you can do until she reaches the magic $21k income. Just be patient and roll with the puncher on this one...

Good luck!
JohnR!MaleMonaco2012-12-12 13:45:00
K-1 Fiance(e) Visa Process & ProceduresTax Transcripts & I-134

He has never sent anything FROM Afghanistan, (this is his 7th deployment), and even if anyone did, they wouldn't normally send it to the UK!



If he has the transcripts on him, he can mail them to you. The USPS maintains MPOs - Military Postal Office - on base for that purpose. It is no different than mailing them from any other US location.
JohnR!MaleMonaco2012-12-10 11:00:00
K-1 Fiance(e) Visa Process & ProceduresCeremony before K-1 gets approved
My vote goes for visa first, ceremony later.
JohnR!MaleMonaco2012-06-06 07:57:00
K-1 Fiance(e) Visa Process & ProceduresUS ARMY boyfriend in The Netherlands, I'm Canadian already in the US

Thanks! But doesn't it say that USCIS recognizes a proxy marriage after it is consummated? I will be living with him in The Netherlands for 2 years after the marriage and before we return to the US.


That is true. If you consummate the marriage you should be ok. Expect the USCIS to ask for all kinds of evidence to that. IMHO you would be better off getting married in the NL once you get there.
JohnR!MaleMonaco2013-01-07 13:55:00
K-1 Fiance(e) Visa Process & ProceduresUS ARMY boyfriend in The Netherlands, I'm Canadian already in the US

Hi,

I am a Canadian female that has been living in the US for approx 5 years on various working Visas, 0-2 and TN. I met my boyfriend June, 2012. He has since been transferred to The Netherlands for a 3 years contract and I want to move there to be with him. He's not living on an army base but he was transferred as a "single" person. Now that I'm going to join him, we're wondering if we need to get married. If so, I hear that marriage via proxy isn't recognized by USCIS. The thing is I'm joining him right after the marriage and will probably apply for a Green Card at the US consulate. Has anybody dealt with a situation like mine before?

I look forward to hearing from you. Thanks!

Josee


Josee, marriage by proxy is not valid for immigration purposes, so if you are planning to use your marriage as the basis of your request for residency in the US you need to get married in person. It does not matter if you get married stateside or the NL.

Good luck!
JohnR!MaleMonaco2013-01-07 13:08:00
K-1 Fiance(e) Visa Process & ProceduresIs it possible to get an extension of the I-94?

My Wife entered the U.S. on Nov. 15, 2012, and we got married on December 6 (within 90 days,
as the K-1 visa requires). She has an I-94 that is due to expire on Feb. 13 (90 days after
entry into U.S.)

The Question: Is it possible to extend the term of the I-94?

I have some extra expenses in January, and would prefer not to have to pay the I-485 and
Biometrics fees until later, if possible.


Bill, an 'expired' I-94 issued for a K-1 entry is somewhat of a grey area, but one that is in your favor.

The only requisite is that you marry within 90 days and in that you are fine. There is no deadline for your wife to apply for AOS so despite her I-94 being expired and her being out of status is not something over which you should lose sleep. Having said that, it is in her best interest - and yours - that she starts her AOS as soon as possible so that she can get her green card and start working - if that is in the plans and adjust to her life in the US.

In essence you need not despair, but do not be complacent either.

Congrats and good luck!
JohnR!MaleMonaco2013-01-10 14:29:00
K-1 Fiance(e) Visa Process & ProceduresBuy your ticket before the interview..

hello Dear VJ's

is it okay to have plans before the visa petition interview? Like buying ticket, because it is cheaper if we book ahead of time, right?
will it affect the decision of giving you K1 visa?

thank you VJ's family


It would be OK to make such plans and buy a ticket provided you can be refunded if there should be a need to make change in those plans.

Counting on a visa - any kind of visa - before you actually have it in your hands it not very wise.
JohnR!MaleMonaco2013-01-09 14:16:00
K-1 Fiance(e) Visa Process & Procedureswork refusing to give employment letter

my fiance's (us petitioner) work is refusing to give him a letter of employment. stating that they dont care about his problems and they dont have to give him the letter. im not sure what to do at this point. they gave him a letter before but it was not on company (UPS) letterhead so he asked them to put it on the UPS letterhead and now it is a big problem. im not sure what to do from here. what can we do about this situation??


He can send in copies of his W-2 or pay stubs in addition to his tax transcripts as proof of income and employment. He can also consider sending is copies of his bank statement showing his salary being deposited on a regular basis. Those should suffice, unless the USCIS is requiring a letter from his employer for a specific reason, other than to verify employment and income. I hope these suggestions help.
JohnR!MaleMonaco2013-01-15 09:28:00
K-1 Fiance(e) Visa Process & ProceduresProblem with my employment history

Hello all,

I am filling the papers to send back to the embassy and I have a problem with my employment history (EDIT: I am the alien fiancée):

During my time stuck in France, I decided to help out a friend who was creating a company. I just gave a hand really. I had no contract, and no salary, haven't been paid anything so that was not illegal. I was just happily giving some of my time, making some phone calls and sharing my insights to help out a friend and keep myself busy.

I put this on my linkedin profile though cause it is some professional experience, and even though it was short, I learnt some things that I will now be able to use in a job.

My problem is, should I put it on my employment hitory in the DS-230? In my opinion, it was NOT legally a job, so it has no place in official papers. But if they check my linkedIn profile they (rightly) find it confusing.

What should I do?

Thanks in advance


If you were not legally employed you need not disclose that period of activity in your DS-230. However, if you want to be thorough you can book that time as 'volunteer work' provided the friend whom you helped can vouch for your activities. If you are questioned as to why you entered it in your DS-230 you can state that since it is in your Linkein profile you felt it should be in the form, lest it be seen as a possible misrepresentation.

The USCIS will not disclose that information to their French counterpart so your should not need worry about it being perceived as illegal work.
JohnR!MaleMonaco2013-01-15 10:25:00
K-1 Fiance(e) Visa Process & ProceduresAfter my fiancee come to usa and we marry

after we marry how do we notify the embassy we got married? do we have to at all or do they just find out on there own some how?

and how does she apply for her ssn? do they send it to the house automatically after we marry?


Presuming your fiancee is coming with a K-1 visa, after you get married you can file for her Adjustment of Status with the USCIS. You must get married within 90 days of her arrival and although there is no deadline to apply for AOS, the sooner you do it, the better off you are.

At any point after her arrival you can take her to the SSA office in your area and apply for a SS card.

In other words, once she lands in the US, the embassy where she obtained her K-1 is no longer invovled in the process. You will need to initiate the next steps with the USCIS, stateside.

Congrats and good luck!
JohnR!MaleMonaco2013-01-15 11:16:00
K-1 Fiance(e) Visa Process & ProceduresPolice Certificate - lived abroad for more than 12 months (but not consecutively

I agree with you. I am asking my employer to help. However it is a ship and it never docked again in Liberia after 2008. So they do not have any one there.

Here is the link you sent me... not very nice?
Applicants not resident in Liberia can request that their biographic information and fingerprints be sent to the Liberia National Police via the police headquarters of their home country, however, in practice, these requests are rarely completed.


I noticed that too... Sounds like a very efficient system!

Just out of curiosity... Were you working on the ship during the time you were in Liberia? Were you living on the ship as well? Were you ever processed as a foreign resident in Liberia?

Edited by Gegel, 18 June 2012 - 01:18 PM.

JohnR!MaleMonaco2012-06-18 13:16:00
K-1 Fiance(e) Visa Process & ProceduresPolice Certificate - lived abroad for more than 12 months (but not consecutively

1339988219[/url]' post='5457424']
Just to make it clear...

after 12 years of war...Liberia has NO post service yet. How someone is supposed to trust that they will keep police records!!! I think it would be a "Mission Impossible" to get these papers!

So here is my question again...

however 12 Months consecutively? yes or no? anyone knows???


In this site you find instructions as to how you can obtain the police records for Liberia: http://travel.state....5.html?cid=9644
You may consider asking your employer at the time to intervene and help you get the document. (just an idea)
I believe the residence abroad is not necessarily restricted to consecutive months else chances are they would have spelled it out.

Edited by Gegel, 18 June 2012 - 08:11 AM.

JohnR!MaleMonaco2012-06-18 08:04:00
K-1 Fiance(e) Visa Process & ProceduresPolice Certificate - lived abroad for more than 12 months (but not consecutively

1339611206[/url]' post='5445542']
I am brazilian but lived in Liberia twice. In 2007 I stayed 6 Months (from 23-May-07 to 11/31/2007) and in 2008 10 Months (from 6-Feb-08 to 2-Nov-08).
Do I need to have a police certificate from this Country since I never lived more then 12 Months consecutively?


For k-1 you'll need a police certificate from all countries where you lived for six months or more after that age of 16.
JohnR!MaleMonaco2012-06-13 13:32:00
K-1 Fiance(e) Visa Process & ProceduresCo-sponsor.. What supporting documents are good?

Hi there,

In my case, the petitioner has lived with me in Australia so will not have income above the poverty line.

Her retired father might end up being the co-sponsor.. Just wondering what documentation he would need as supporting evidence. Once he has filled out the form with the figures of his income, what documents would need to be included... A photocopy of the latest tax return?

Regards


Photocopies of tax returns are accepted but tax transcripts are preferred by the USCIS.

They can be ordered online or over the phone.

Here is a link to the IRS website : http://www.irs.gov/I...er-a-Transcript


Good luck!

Edited by Gegel, 25 February 2013 - 01:08 PM.

JohnR!MaleMonaco2013-02-25 13:08:00
K-1 Fiance(e) Visa Process & ProceduresFrench Accent in Name

Hello again, good people of VJ!

There is an accent in my French surname: "Préaux". I will often omit it as english form most of the time don't do well with accents: "Preaux". Then again, this is my name, on an immigration-related form.

So what do you think? Should I write it with the accent or without?

Merci for your input!
B-)


You can drop the accent. My wife had two in her name and zapped both...
JohnR!MaleMonaco2013-03-12 14:12:00
K-1 Fiance(e) Visa Process & Proceduresprevious sponsor on I-864

I am a us Citzen applying for a k-1 and k-2. I preciouly sponsored a wife and her two children from Colombia. We divorced and she is now remarried. My ex-wife and her two children are now US citizens. My obligations on the I-864 are now over. How do I fill out a new I-864 for my fiancee'/daughter and qualify under poverty guidlines? It is required that you list all people you have previously sponsored.


If you are referring to the worksheet for question 21 you do not need to consider anyone you have sponsored previously for whom your obligations have ended. As such, your obligation to your ex and her children have ended when they became citizens.

Good luck!

Edited by Gegel, 30 March 2013 - 10:38 AM.

JohnR!MaleMonaco2013-03-30 10:37:00
K-1 Fiance(e) Visa Process & ProceduresWhats the best answer for this interview question?

Hello everyone.

Good day everyone.What's the best answer for this interview question?Would you find a job once you get to the US?My lawyer says if I said Yes, it could mean a mark down.What's your thought about this?
God bless you.


If you are entering the US with a K-1 visa it is presumed that you will start your AOS process after your marriage, at the end of which you will become a permanent resident, afforded the right to work. That is no secret, nor does it speak in your disfavor. In fact, that is the very purpose of the process through which you are going.

IMHO, if you are asked that question, answer it truthfully. It is not a loaded question by any means. If you want to make sure your answer is not misconstrued, add that you are aware you will need to begin your AOS before you can receive your EAD, so a job might be in your future, but only a few months down the road.

Also bear in mind that if your interview is in English and you are uncertain as to what you are being asked, before you answer, you can repeat the question back to the interviewer and ask him/her to confirm that you have understood it correctly. Better clear than sorry!

Good luck!
JohnR!MaleMonaco2013-03-30 10:30:00
K-1 Fiance(e) Visa Process & ProceduresForgot EXACT start/end month of previous jobs

So my fiancé (beneficiary) doesn't remember the start and end date of his past places of employment.
Those jobs were from like 2005, 2008.
Not sure what to do since the G325A asks for that info.
Any recommendations?

ALSO ?? he's not sure about the number# portion of his PREVIOUS home address from over 6 years ago.
This isn't something that can be left blank, I know but what if he just puts the street name and city, state...is that ok??


That is not a problem. Tell her to enter the dates as best as she can remember them. So long as she is being honest and as truthful as possible she should be OK. Alternatively she could call her places of employment and confirm the dates with HR or former co-workers.
JohnR!MaleMonaco2013-04-01 12:39:00
K-1 Fiance(e) Visa Process & ProceduresAdvise on When to Plan the Wedding or Religious Ceremony

Well, the pastor (a friend) who will be officiating the ceremony has not renewed his licensing as an officiant. He has no legal power in the province to perform a legal marriage. He has also agreed to bring no paperwork.


In that case you are fine.

As a suggestion, if you are sending our invitations or save-the-date notes, consider using the word 'blessing' instead of 'marriage' or 'union', lest it comes back to haunt you down the road as you go through the immigration process... Also consider explaining to those in attendance, briefly, what the ceremony is and why it is not a 'wedding' ceremony, because as someone else pointed out, chances are it'll end up all over Facebook!

Congrats and good luck!
JohnR!MaleMonaco2013-04-02 14:38:00
K-1 Fiance(e) Visa Process & ProceduresAdvise on When to Plan the Wedding or Religious Ceremony

After a religious ceremony in the US you will be LEGALLY MARRIED, so you will no longer qualify for a K1 visa. Under the circumstances, what I would do, is go ahead with the wedding party but without the ceremony (no pastor!!). You can still wear your wedding dress, but no rings exchanged and no papers signed. You can then get married legally once the visa is issued and you move to the US.


That is only true if the minster is also afforded powers by the state to perform legal marriages. A religious marriage alone. has no value in the US.
JohnR!MaleMonaco2013-04-02 14:26:00
K-1 Fiance(e) Visa Process & ProceduresIS IT OK TO USE ABBREVIATION WHEN FILING THE K1 FORMS?

Do NOT abbreviate country names.


This. In addition, PHL is the abbreviation for Philadelphia, so you can appreciate it may create some confusion.
JohnR!MaleMonaco2013-04-09 07:35:00
K-1 Fiance(e) Visa Process & ProceduresWho to get married by?

For the last phase of the K1 immigration visa (K1 visa to Temporary residence via marriage) is it ok if we have a friend ordained to marry us? (it is legal to get married in NYC with an ordained friend


IMHO go the old way: City Hall.

Congrats and good luck!
JohnR!MaleMonaco2013-04-16 10:17:00
K-1 Fiance(e) Visa Process & Proceduresassigned alien registration #

awesome, thank you


You;re welcome. Now, the USCIS is not the fastest agency in the nation so take a deep breath and tell your fiance/ee to do the same for it will take a few months until s/he has her visa on hand. On a positive note, the process in Chile should be quite straightforward once the application is approved and sent down to the consulate in Stgo.
JohnR!MaleMonaco2013-04-17 12:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPlease Help with IR1

Hello everyone,

First of all, I would like to thanks each and everyone that has helped me before with my wife. The reason I am asking for help again is because one of my close relatives just married a us citizen. My relative is located in belarus, he is a widow and has 3 kids. He just married his new wife on her visit there and now she wants to bring the whole family to live with her in America. They asked me for help, that is why i am turning to all of you, who has helped me to bring my wife. All of the kids are under the age of 18. Please guide me to what they will have to do for the kids and him. Thanks again for helping.


To initiate the process the US Citizen must file a I-130 requesting that an immigrant visa be made available to the beneficiary. Once that is approved, your relative will receive a communication to what he needs to do next, in terms of documentation, medical exams and what else to present at the US consulate with jurisdiction over Belarus.

Here is the link to the USCIS where you can get all the details:

http://www.uscis.gov...000082ca60aRCRD

Good luck!
JohnR!MaleMonaco2013-01-17 12:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Dependent Children

Hello all! I am filling out the I-864 and line 21 ( D ) it asks " if I have any dependent children enter number here " I do have 1 daughter from my previous marriage. But she does not live with me. But she stays with me every other weekend. Should I include her on this form for " Household Size " even though she does not live with me full time? Thank You for your time and any info you may share!


You need to include her as part of your household, even if she does not live with you.

Good luck!

Edited by Gegel, 24 January 2013 - 12:24 PM.

JohnR!MaleMonaco2013-01-24 12:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPlease help w Ref letter

My husband just received a letter from immigration asking for copie of the divorce from my previous marriage, so that my ex husband is dead and I sent the death certificate, what they're needing, how can i contact to than and say that


The most probable explanation is that the USCIS requested a copy of your divorce from a previous marriage to prove that union was terminated at the time you entered marriage to your current husband. Although your ex-husband's death certificate does present evidence to that, the actual termination of your union to him was effected by means of a divorce, not death. Send them the copy of the divorce decree and be on the safe side.

Good luck!
JohnR!MaleMonaco2013-01-24 11:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresK1 or CR-1 Multiple petty theft convictions

The goal is to get married and live in Los Angeles. Not sure if Cr-1 or the k1 will give her a better chance. She was turned down at the Vancouver airport, so not actually deported. Right now we are trying to figure out which visa to apply for and if we should move on any other waivers.


Just for that refusal she probably does not require a waiver which really makes the choice yours. The difference is that the K visa will be faster than the CR process. Other than that, you should be fine.

Good luck, whatever your decision!
JohnR!MaleMonaco2013-02-18 15:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresK1 or CR-1 Multiple petty theft convictions

Background:

I am a US Citizen, she is a Canadian Citizen, met in July of 2011. In the last six months we have really started to develop our relationship and on one of her visits down to see me in Los Angeles they denied her entry due to a couple things. They assumed she was trying to immigrate illegally, and second she has some past petty theft instances, three to be exact( i believe around the ages of 20-23, she is now 26 turning 27 this year.)

I have no criminal history myself, and now plan to visit her about once a month. I make roughly 60k a year so I think that qualifies as enough on paperwork. We are engaged, and would like her to move down here to Los Angeles and live together. Looks like everything falls on her petty theft convictions(all were discharged).

My question is, does she even stand a chance to immigrate here? Or should I just start planning to move up there for a couple years and all the while submit applications until something finally gets approved? Help! Thanks.


WW, she does have a chance to come live in the US but you would need to initiate the process and file a request for a fiancee visa K-1, what with she may be able to enter the US, with the purpose of marrying you and becoming a permanent resident or filing a request for a spouse visa CR-1, if you decide to marry her in Canada.

Her petty theft stories will come to light during the process but I don't think those will stop her from being admitted under one of the categories above. IMHO, she was deported last time she arrived in LA because the CBP officer suspected she was not intending to return home.

Check out the following links, with information on each type of visa I mentioned.

http://www.uscis.gov...000082ca60aRCRD

http://travel.state....types_2991.html

Good luck!
JohnR!MaleMonaco2013-02-18 14:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresJust a quick question about my situation...

As I understand it, when we were in the US and we got married, I would have applied for an Adjustment of Status to have her tourist status changed, and also applied for her to be able to freely travel and come back into the US, but since she left the US, she is not able to return on the same valid tourist visa to start the paperwork process in the US, correct?

Basically, I'm asking if we fly back to the US, would we be able to still start the paperwork process legally, or will she run into problems?


In principle you could fly back to the US, file for her papers and she could stay here for as long as the CBP office would allow her in the I-94. However, she may have trouble being allowed into the country for the CBP officer may suspect she is entering the country with the intention to stay and adjust her status, which in and of itself is considered immigration fraud.

So, it would be OK for her to enter the US, as a tourist, to visit while her visa application is processed. There will be a point at which she will have to return to Taiwan at the end of her I-94 or at a point where she will need to prepare her paperwork in that country to present to the US consulate as part of the CR-1 visa.

Good luck!
JohnR!MaleMonaco2013-02-26 14:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTime Sensitivity

Thanks so much for the reply, and also for the insight about getting married first.

This doesn't seem possible judging from what you've said, but just in case, is it possible to file an I-485 together with an I-130 during her stay under the VWP? The instructions at USCIS seem to indicate that it is. But the whole thing is so confusing and ambiguous...


You can get married and she can come visit you but she cannot apply for her AOS here in the US, for it is considered fraud to enter the US, with a non-immigrant visa/VWP with the intention to stay.

Go ahead, have the big wedding in Greece and get started with the I-130 so by the time you get here you'll be two months into the process. She can enter with you and stay for 90 days under VWP and she will need to go back to Greece to prepare her documentation to get her immigrant visa and be able to enter the US as a resident.

It is nothing much too complicated. It is just a matter of time and paperwork.

Congrats and good luck!
JohnR!MaleMonaco2013-03-12 14:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWe're both in tears over this. Please help. I can't be without her.

Our plan as of now is to do what was suggested -- I'm going to move our stuff down first and get us set up. From there, she's going to come on in for a visit, then subsequent visits. I travel a lot for work all over the freaking globe, so when I have to do an extended China trip (a month or two weeks) or something, she'll go hang out at home. We're going to figure this out; but believe me, this was a shock. A real serious "holy #######, what are we going to do" kind of shock. I plan, I figure, I do these things. This one was in a list of things we needed to get to, and the task before us is way larger than either of us initially had gotten perspective on seeing. I was working 75+ hour weeks and managing two product lines, this got moved into the "we'll get to it" category, which obviously was a miscalculation.


Jim, it seems you are well into the process of figuring it out. That is progress already.

Someone else said, 'where there is a will, there is a way'. I would rather remind you that in your case 'there is a way and a will' instead. Take both statements as a call to the strength and determination of your commitment to each other in these apparently uncertain times. I can only hope that these few months you will need to sort out living apart from each other may be the hardest of the times your relationship will ever have to endure. A partnership is full of challenges, and in your current predicament, it is only a matter of time and money.

Being apart is unpleasant and generates a lot of anxiety, but remember that if you mean to marry each other for always; ten years from now, all this will be in the past. That is the notion to which both of you need to cling so that you can ace the next few months. That is the 'will' part.

To be sure, no one here knows of your particular situation and constraints but remember that others here have been where you are today, perhaps not in the same exact point, but close enough; and they too have managed the turbulence and made safe landings. Draw strength from those who have posted their positive testimonials and suggestions here. Accept and plan for those contingencies on which you were not counting. Plan for the next months, plan your visits and plan for contingencies there too. Always have something to which you can look forward at each step of the process, so that there is always something new on the horizon from which both of you can draw inspiration, patience, wisdom and understanding.

Others have done it. You sound as though you can too. Good luck!

Edited by Gegel, 13 March 2013 - 09:18 AM.

JohnR!MaleMonaco2013-03-13 09:17:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWe're both in tears over this. Please help. I can't be without her.

That stopped the tears!

So is there anything wrong with us hopping over to Buffalo to get married and come back? We have found nothing that states this is bad, we called a place in Niagara that specializes in exactly this.
Is there anything wrong with this as you see that would potentially marr our process? I was under the assumption that this was completely legal! :(


Absolutely nothing wrong. Many people do just that. In some countries, it is almost impossible for an American to get married, so many choose to bring their fiances over, get married here and the wife then returns to the home country to wait for the CR-1 process.

Edited by Gegel, 12 March 2013 - 01:44 PM.

JohnR!MaleMonaco2013-03-12 13:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWe're both in tears over this. Please help. I can't be without her.

Ok -- we're calm and here's facts -- thanks for replying, please understand that we're both just kind of freaking out.

1. I'm up here on a T23 NAFTA Technical Writer visa. I've been here since February 21, 2012.
2. Laura and I met and moved in together. We're not married quite yet, we have a plan to go and do that on Monday in Buffalo, NY; we live in Toronto.
3. I've been offered another job in Dallas, where I'm from, and I want to move her with me.
4. I am her main means of support and survival
5. Her dad is dead and her mom will not be moving with us, she's married and lives a few hours north.
6. She will have nowhere to go if they don't let her through, I take care of us financially.
7. It is ME who is the USC.

The plan right now was to file the I-130 after Monday when we're married. Will that allow me to at least BRING her to the US with me? We're looking for an apartment right now.

Look, I had no idea the severity of this, that's something we just discovered. We are so seriously in understanding of the severity of this now, if that helps.
When I moved up here, the company got a lawyer for it because they screwed up on the paperwork the first time.


Jim, only the agent at the POE will be able to tell her if she can come through or not. She may be asked to show proof of her ties to Canada, including a job, bank account, etc. That she has no income there may be a problem if asked and that you are her only financial support would make matters even worse.

I am not sure what I would do in your situation but I think that sometimes the best option is to tell the truth. They will certainly ask her why she is coming to the US and at that point, she will have little latitude for creativity. She might just want to tell them truth that she is coming to marry you in Buffalo, and to return to Canada at the end of her allowed stay. She might want to volunteer that she her no intention of staying and applying for a greencard in the US because she knows that would be considered immigration fraud. She may offer to sign an affidavit to that effect. It has been done before.

However, it will all be up to the agent at the POE. Their decision is final.

Edited by Gegel, 12 March 2013 - 01:38 PM.

JohnR!MaleMonaco2013-03-12 13:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWe're both in tears over this. Please help. I can't be without her.
Jim, there is no reason to be in tears. Your case is not all too complicated, except that entering the US with the intention to marry and stay is considered immigration fraud. There is absolutely nothing wrong with you guys getting married and your wife will be able to stay in the US for the time she is allowed at the POE, but at some point she will need to return to Canada to prepare her documents and to enter the US as a resident. In the meanwhile she will have to be here as a tourist and respect the allowed stay she is given.

Having said that, once you get married go ahead and file the I-130 which is your requisition that she be granted a resident visa to the US. That will start the process.

It is really not that complicated. It is only a matter of paperwork and time.

Congratulations and good luck!

Edited by Gegel, 12 March 2013 - 01:23 PM.

JohnR!MaleMonaco2013-03-12 13:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1 visa issued; entering US after 2 years of being married now

Hi Everyone,

My wife was issued a CR-1 visa, but she will enter the US after our second wedding anniversary has arrived. Will she only get the conditional 2 year green card because we were married less than 2 years at the time of the interview and visa issuance, or can she be upgraded to the 10 year green card at POE by showing that we have now been married more than 2 years? If that is possible, is anyone familiar with the procedure? The USCIS website seems to indicate that it's based on when you enter the US (POE), not when the visa is issued, but it's unclear. Thank you so much for any advice :)

- Bron (Makati/Utah)


It is the date or her arrival at the POE that counts. She will be issued a 10-year GC.

Congrats and good luck!
JohnR!MaleMonaco2013-03-15 13:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMedical Examination

Hey guys! Good morning to everyone!

I have a curious question to ask. I am Brazilian, and my husband is American. We already underway with the entire process with NVC, and our ID number starts with RDJ (Stands for Rio de Janeiro, which is where we will be getting interviewed within the coming months). Question here is: I live in Rio Grande do Norte ( I'd say about 2 1/2 hours by plane to Rio from here ) and will soon have to get the medical done. There is a NVC doctor in Recife ( about 3 hours by bus from here ). Would it be possible to get this medical done there? Does it have to be done in the state that you are getting interviewed in?

Thankyou in advance for any help!

Thali & Manuel


You can use your local doctor provided he/she is approved by the consulate. If he is listed by the NVC as an accredited physician you should not need to get to Rio for your medical.


Check out this link and confirm with your doctor before you make an appointment and pay anything: http://www.visajourn...io De Janereiro


Congratulations and good luck with your visa!!!

Edited by Gegel, 21 March 2013 - 07:41 AM.

JohnR!MaleMonaco2013-03-21 07:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresBoth Living Abroad and no DCF Option

My wife and I married and live in Panama. There no longer exists an office for DCF at the Embassy. We filed through the normal process at USCIS Lockbox and the I-130 was approved in 65 days this past week. (March 20, 2013). She is Colombian so we will be going to Bogata for the Visa Interview. However, i am unclear how we handle it after that. My understanding is that she must enter the US in less than 6 months and file a Change of Status. Then a green card is issued and then she can travel again but not before. I don't have close family members she can stay with so she'll be living in a hotel or with friends waiting for the time when she can travel. Does anyone know if there is an exception available to individuals that live and work abroad so we don't have to be seperated for a month or more? Any insights would be welcome.


Steve, unless you are planning to take up residence in the US, it would be unwise to go through with the I-130 for your wife. In order for your wife to keep her green card - once it is issues - she will have to maintain residence in the US. She can't use it as a placeholder until the time she is ready to move.

The only insight I can offer you is that she will not need a greencard until such time when both of you are ready to move back to the US and for that reason you might consider waiting until a time when you are closer to make that decision beofre you move forward with the I-130 process.

Incidentally, at the end of the I-130 she will receive an immigrant visa - which is as good as a greencard - and she will be able to travel with that for one year. In that sense she can land on the US one day and leave the next, however, if she does so chances are she will end up losing her greencard. In addition there is a requirement that you be in the country before she arrives.

Edited by Gegel, 25 March 2013 - 02:37 PM.

JohnR!MaleMonaco2013-03-25 14:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat to do with my currently valid tourist visa?

With respect, the OP does not want his tourist visa to be canceled until his new visa is approved and in his hand. Otherwise he could be left with no visa at all in the meantime.


Absolutely. The decision as to when the visa should be canceled resides with the consulate. He should however have both passports present at the time of the interview lest his CR be put on hold until he can produce his current visa.
JohnR!MaleMonaco2013-04-03 09:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat to do with my currently valid tourist visa?

Hi all! Our CR1 interview is on May 15. My question is, I have a valid US tourist visa that expires in 2015. It's in my old passport (I decided to renew my passport because my old one was going to expire in a year and well, not a lot of Dominican consulates in the West Coast). My guess is that if our CR1 is approved, my tourist visa will be no longer valid (it's only logical). Do I take my old passport with me to the POE so they can cancel it or do I take it to the interview? Should I even do anything?
Thanks!


When you are called for your interview, take the old passport and present it to the interviewer. Your visa will be canceled, with no prejudice.

Good luck!
JohnR!MaleMonaco2013-04-03 09:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI864 - Disabled Army Veteran

Thank you for your answer! I told him to order his tax transcripts but he says the ones for 2011 and 2012 aren't processed yet.. since he filed recently (like a month ago). This is why he is going to send the tax return instead :/ Do you think this will be a problem?


If the transcripts are not available, the tax forms will do, but he will have to send you the 1040, schedules and all the supporting paperwork as well. The only reason I suggested the transcripts is because they are the silver bullet, but the tax returns themselves should also be ok.
JohnR!MaleMonaco2013-04-12 13:59:00