ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 - Have I ever been in the states

Hey,
Hegel is probably right. But again you also need yo check on your passport for the date stamps on your exit and arrivals. It will probably help you give accurate or close to accurate dates.
All the best!!

 

good.gif  good.gif  good.gif

 

Right on.  You need not be 100% accurate, so long as you're honest.


JohnR!MaleMonaco2013-08-02 14:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 - Have I ever been in the states

The question is not about a visa, necessarily.   You need to disclose if you have ever been to the US, which in your case is 'yes' and list your entries/departures.  In your case, enter your visits to the US for the last year or so to the best of your memory and add a separate note explaining all other entries, the dates of which it would be impossible for you to remember.

 

You don't need to be 100% specific and precise so long as you add a statement to that effect.  You will be ok.

 

Good luck!


JohnR!MaleMonaco2013-08-02 14:08:00
IR-1 / CR-1 Spouse Visa Process & Procedureswhere is green card??????:ranting:

I've been here (USA) 34days now and no greed card, is there a number i can call to check on the status? i thought i would have gotten it by the latest 3 weeks but thats clearing not the case. i'm currently on the job search and really need this card smh.

 

It should be on its way.  Just be patient.

 

Meanwhile your endorsed I-551 visa on your passport is as good as the greencard itself.  You don't need to put your life on hold for want of the plastic card.

 

Yes, it is frustrating...


JohnR!MaleMonaco2013-08-12 09:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresBona Fide Marriage Question

May I use a voided check to cover the 'co-mingling of finances' option?!  Or does it have to be a printed bank statement?

 

 

I would recommend a series of bank statements showing movement on the account, in addition to cancelled checks - of images thereof - signed by both parties.

 

However there is more to co-mingling, such as credit card statements, tax returns, car insurance, health insurance, etc.

 

Good luck!


JohnR!MaleMonaco2013-08-15 14:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresEntering during IR1/2 with ESTA(VWP)

Just a followup.

My wife and son have arrived and were grated the full 90-day VWP with normal PoE questions, and did not have to show detail documents etc.

BTW, PoE was SFO.

 

Thanks

 

That is good news! I am happy for you!  Enjoy your family during their visit!


Edited by Gegel, 28 August 2013 - 01:03 PM.

JohnR!MaleMonaco2013-08-28 13:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresEntering during IR1/2 with ESTA(VWP)

It is all up to the CPB offices.  Your wife will have to present enough evidence and convince the officer she is not entering the US with the purpose of staying and moving with AOS while she is here. 

 

Showing ties with Japan helps and if she feels they are doubting her story, she might want to make a statement to the officer to the effect that she knows that she would be committing immigration fraud if she were trying to enter the US on her VWP to stay as an immigrant.  If things get complicated she has nothing to lose by doing so and showing she knows the law.

 

There have been cases where CPB officers have admitted beneficiaries in the same situation and made annotations on their passports to the effect they are not eligible to AOS while visiting , as a result.

 

Good luck!

 

 


Edited by Gegel, 08 August 2013 - 12:38 PM.

JohnR!MaleMonaco2013-08-08 12:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling for Adjustment of Status on Visa Waiver

No you can't.   Entering the US on VWP with the intent of AOS is considered immigration fraud.  Your wife needs to request an immigrant visa for you and luckily she can do it at the consulate in London for they offer DCF.

 

Since both of you live in GB your interview would be in London, not in Helsinki. Interviews are held in the country of residence.

 

It also behooves you that she moves to the US ahead of you for she will need to be your financial sponsor and she will need a job in the US to do so.

 

On a positive note your process should be straightforward.

 

Good luck!


JohnR!MaleMonaco2013-09-09 08:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan faxed or scanned docs be used by my lawyer for a visa petition?

He is starting to become a hassle though, and is often too busy to contact, so I may consider firing him too...

 

In most cases a lawyer is not required to deal with immigration.  You can get all the answers you need in forum like this and all the forms you need to file with the USCIS in order to bring your spouse to the US can be downloaded from the USCIS website, free of charge.  Also without a lawyer the USCIS will communicate directly with you, eliminating the lag of having a middleman.   You can do it on your own if you are internet-savvy and keep on top of your affairs.

 

If you are not a criminal and your spouse is not in trouble with the law in the US of the Philippines it should be a straight shot. 

 

Just an idea.

 

Good luck!


JohnR!MaleMonaco2013-10-23 14:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan faxed or scanned docs be used by my lawyer for a visa petition?

I hired an immigration lawyer that is out of state to help me with my petition to bring my filipino spouse to the US. He gave me a list of documents I need for the petition and gave me the option to either fax, scan and email, or mail them to him. My question is why would he give me the option to fax or scan the paperwork? To me it feels that an application like this should include original docs or certified copies with original signatures.. Wouldn't faxing or emailing an original or certified copy not be considered as genuine anymore?

 

The very fact you doubt the attorney you hired to represent you suggests you might wish to consider hiring another attorney; one you can trust.

 

To answer your question, do as s/he tells you.

 

(BTW I don't mean it as a judgment call, so much as an observation, so please take no exception to my words.)


Edited by Gegel, 23 October 2013 - 12:58 PM.

JohnR!MaleMonaco2013-10-23 12:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow to cancel my CR1 visa ?????

Hi, I tried to cancel my visa application before my original interview date  (September 10,2013) but i just postponed the interview date to a later date (September 27, 2013) due to some issues between me and the US spouse i married with, i still have a lot of problems with him, and i can't imagine myself leaving my country in this situation, my visa was approved on (the first week in this month, i still have no program on how to leave or when and  what to do, i tried my best to success and to continue this marriage but to no avail , am tired i feel am just wasting my time , my hope is to know how to cancel my visa after issuance ? Im the beneficiary,  

1. Do i need to email the IV unit to cancel the visa? Do you have any model on how to email the consulate for this purpose? i know when i email the consulate they will ask me to bring my passport and the envelope to the consulate to cancel the visa ,and they will print on the  steeled visa ?cancelled? or something like this 

Or 

2. Do i just need to wait until the expiration date (January 2014)? In this case, will i need as well to go to the consulate with my passport and the envelope? What they will print on my passport in this case: cancelled or invalid/expired?

I don?t know if there is any difference between the 2 options, I know the goal is one ?cancellation?

I feel humiliation and pain because of this husband who does not take into account how my feelings and the feelings of my family, every time i forgive him, i need now to cancel my visa to give up the fight and to move on in my life, 

Thank you 

 

 

 

Just let the visa expire.

 

If you are not planning to live in the US it would be a mistake to use the visa 'just because' for once you use it you will need to stay in the US in order to maintain your resident status.

 

There is no prejudice to changing your mind.


JohnR!MaleMonaco2013-10-29 14:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHelp w/ denial. Positive drug urine test & Stupidity
Kim, unfortunately there is no waiver for testing positive for cannabis. His best shot is to get tested regularly, as suggested, and keep all the records of these tests, so when the 12-month period is over he can continue with the process and get his visa.

What is done is done, so the only thing anyone can do it look forward and move on.

I hope all works out for both of you! Good luck!!
JohnR!MaleMonaco2012-09-20 10:27:00
IR-1 / CR-1 Spouse Visa Process & Procedureswhat is my alien registration number

The Alien Registration number is the A# number printed on your greencard unders USCIS #.

 

new-us-green-card.jpg


Edited by Gegel, 11 November 2013 - 11:39 AM.

JohnR!MaleMonaco2013-11-11 11:37:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan apply for Tourist Visa while the CR1 is on the progress

You can certainly apply but it will be difficult to convince the consulate to issue a tourist visa, with a process underway.  You will never know unless you try however and there is no harm in trying.   Make sure you do disclose you are in the process of CR/IR and that you are only interested in coming to visit while the process is running.

 

Good luck!


JohnR!MaleMonaco2013-10-30 13:39:00
IR-1 / CR-1 Spouse Visa Process & Proceduresmarriage never consummated

A friend of mine is married to a foreigner and is about to apply for his CR-1 Visa.  She asked me a question about putting the I-130 paperwork together.  The thing is she had a prior "marriage by proxy" (OUTSIDE OF THE UNITED STATES) which was never consummated!!! Now, is she supposed to include the annulment decree or not? Because technically the U.S. does not recognize marriages that were never consummated...if anyone knows the answer to this question we would appreciate the help.  goofy.gif

 

She will need to provide proof the previous marriage was terminated by annulment, divorce, etc.


JohnR!MaleMonaco2013-12-10 14:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarrying in LA and Filing for I-130

Canadians don't really need a visa to come to US - we have open borders.

So technically yes, Tourist visa.

Should I apply for a Fiancé(e) Visa (K1) prior to traveling to US to marry there?

 

Regards

Michael

 

 

 

 

That is a far better alternative.  You can apply for a K-1 visa and the beneficiary can then enter the US with the intent to marry, stay and AOS. 


JohnR!MaleMonaco2014-01-02 15:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarrying in LA and Filing for I-130

Both Canadian citizens, can we fly from Canada to LA to marry there, file for I130?

Petitioner would go back to Canada and the Alien Relative will stay.

Is it possible to do that or that's tricky?

 

Thanks and happy new year!

 

It is not tricky, so much as it is illegal.  Entering the US on a tourist visa with the intention of staying and establishing residence is considered immigration fraud.

 

The US citizen in this case will need to start the process - I-130 - while the  beneficiary should wait for the process in the home country, as required by law.

 

Good luck!


JohnR!MaleMonaco2014-01-02 15:48:00
IR-1 / CR-1 Spouse Visa Process & Proceduresplease we really need your help guys :(

If she is going home to visit only it should not be a problem, provided she returns to her job once she is back stateside.  If she has no job nor income here, she will need a co-sponsor.


JohnR!MaleMonaco2014-01-08 12:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAmerican Citizen, French CItizen Marriage, American Visa/Citizenship Questions

It is not complicated at all.  Once you are married you need to file a petition so that an immigrant visa is issued to her.  By marrying you she will not acquire immediate US citizenship - as in some European countries - so she will have to enter the US as a Legal Permanent Resident - LPR.  She will be allowed to apply for citizenship after three years of marriage and consecutive residence in the US.

 

Here is a link to the documents you need to fill out in order to start the process:  http://www.visajourn...content/k3forms  The process should take approximately 12 months, during which she can visit you in the US, subject to the terms of the VWP program, presuming she has a EU passport.

 

Félicitations et bonne chance


Edited by Gegel, 20 January 2014 - 12:44 PM.

JohnR!MaleMonaco2014-01-20 12:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs Birth Certificate of Petitioner Required for I-130

Hi all,

 

I recently got married in India last month. I was born in India and became a US citizen through my parents about 10 years ago. I am in the process of filing I-130 and was confused on whether my (petitioner) birth certificate is required or can is my certificate of citizenship and copy of US Passport sufficient?

 

I know it is better to submit as much documents as possible, but the reason why I am asking is because it will take about a week longer for me to get my birth certificate. It has been already a month since I got married and I would rather not delay my process.

 

 

 

Either your citizenship certificate or valid passport will do as proof of US citizenship.


JohnR!MaleMonaco2014-01-24 14:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs this LEGAL and Fraud free?

The CBP may question her if she visits too frequently, but so long as she can show evidence that she will return to Sweden after each stay she should be OK.  She can always tell she is coming to visit her husband who lives in the US, while her CR visa is being processed.

 

There is no recourse or appeal in case the CBP refuses to admit her at any point.

 

Good luck!


Edited by Gegel, 28 January 2014 - 12:33 PM.

JohnR!MaleMonaco2014-01-28 12:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresEnter after on VWP without activating IR-1
Considering the timeframe involved you may be able to do so by delaying your final interview until you return after the weddings in August.

Whereas what you propose is a possibility, the CBP may not be ammenable to comply with your request. From their pespective, the CR visa would allow you to return home as soon as it is endorsed so there is little incentive for them not to make you use it once you land stateside.

You can pace your process with the consulate in Australia by timing your interview. That might be your best shot.

Good luck!






JohnR!MaleMonaco2014-01-30 20:33:00
IR-1 / CR-1 Spouse Visa Process & Procedurescr1 or a k1? questions

 

This is totally incorrect.
 

 

True. good.gif

 

redaction:  It is true that the CBP may give you a hard time if you are visiting your fiance... [...]


JohnR!MaleMonaco2014-02-04 18:05:00
IR-1 / CR-1 Spouse Visa Process & Procedurescr1 or a k1? questions

i have not been denied, but i have this bad feeling that im going to get denied next time i visit him i heard that CBP gives you a hard time if visiting boyfriend/ fiance

 

It is true that the CBP will give you a hard time if you are visiting your fiance but you can mitigate that with documentation showing your ties to your home country.  The only reason they would subject you to further scrutiny is if they suspect you will not be pressed to leave.  If that were the case, you can always tell them you know you would be committing immigration fraud were you planing to enter the country, knowingly, to marry and AOS.  You may offer to sign an affidavit to that effect if the going gets rough.

 

In regards to work, with the K-1 you wold not be able to accept employment in the US until 3-4 months after you are married and file for AOS.  With the CR visa you are allowed to work the moment you arrive in the US.

 

Good luck!


Edited by Gegel, 04 February 2014 - 01:56 PM.

JohnR!MaleMonaco2014-02-04 13:54:00
IR-1 / CR-1 Spouse Visa Process & Procedurescr1 or a k1? questions

A denied ESTA does not affect your K-1 or CR1 provided the reason for the denial was not criminal, in nature.  In other words, if your ESTA was denied because of a previous simple garden-variety overstay it should not affect the K or CR process.

 

You can't choose one route or another in the sense that K visas are for those who are planning to marry in the US, whereas the CR visa is for those who are already married.

 

If you and your finace/e are planning to marry in the US then the K visa is for you, but if you are already married or planning to marry in Spain, for instance, then you need to go the CR route.

 

If you are considering whether to marry in the US, the K visa is faster than the CR visa, so you might consider going that route and getting married here in the US.

 

I hope this helps.  Good luck!


JohnR!MaleMonaco2014-02-04 11:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMistake in Marriage Certificate

You may need to go back to the courthouse and show them your marriage license where the correct address is listed.  They will redact the certificate for you.


JohnR!MaleMonaco2014-02-07 11:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1 recipient now in US--Should we file Adjustment of Status?

IMHO it might not be a good idea to begin AOS, for his EAD/AP may take longer than the time he is supposed to stay in the US, in which case, his AOS will be considered abandoned when he returns home.


JohnR!MaleMonaco2014-02-10 14:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan I go to the USA on a tourist visa?

The VWP doesn't apply to travel by this boat company (I'm going by cargo ship, it was the price as an airplane and I thought I could take a lot more stuff with me). Hence why I was looking to apply for a tourist visa. 

 

I guess if necessary I could write off the boat ticket and go by plane, but I'd prefer not to waste the ticket if possible.

 

 

My suggestion is that you come by plane and bring in your luggage nothing that would suggest you are planning to stay longer than what you are declaring to the immigration officer at the point of entry.


JohnR!MaleMonaco2014-02-26 14:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan I go to the USA on a tourist visa?

If you have a GB passport you can travel to the US for a period of 90 days, under VWP.  You do not need a visa for that.

 

Be prepared to present return ticket and other evidence that you intend to return after your initial planned stay, so you can convince the CBP officer you are not trying to enter the country and stay illegally.  

 

Good luck!


JohnR!MaleMonaco2014-02-26 14:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan our visa be denied because we called the congressman after 3 months waiting for I 130?

Absolutely not.  Calling your representative will not hinder your process.


JohnR!MaleMonaco2014-03-20 13:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSignature on passport different from signature on marriage certificate (split topic)

Hello Everyone,
 
I really need some help here, My question is i have different signature on my passport and my marriage certificate. will this be a problem for me during my interview. or should apply for new passport to match the signature to the one on my marriage certificate? Pls all advise is acceptable.
 
Thanks ,,,




It will not be an issue. You can have several different signatures if you so wish. You will be required to use the same signature - whichever it is - on all USCIS documentation however. Just make sure you are consistent with those documents.

JohnR!MaleMonaco2014-04-09 17:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI864 question

So I would send my last years tax transcript and a letter attached explaining why I have not filed taxes for this year?

 

Yes, all you need do is attach a note explaining you were not required to file for 2013 because you had no income.


JohnR!MaleMonaco2014-04-10 13:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI864 question

Hey guys hows it going? I just recieved my daughters case number from nvc, so I am getting ready to have her forms ready. I had a simple question, I am filing with a joint sponsor, now I filed my taxes last year in may 2013 but I have not worked since then. So do I file my taxes again for this year even though I had 0 income or send my tax transcript from last year? Thanks for the help!

 

Make sure you add a note explaining why you did not file taxes for 2013, in your own words.


JohnR!MaleMonaco2014-04-10 11:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat type of tax transcript to submit to NVC?

I am preparing package to send to NVC after my wife's I-130 is approved. I went to IRS website to download the tax transcripts but apparently there are different types of it which are the following:

 

Return Transcript

Record of Account Transcript

Account Transcript

Wage & Income Transcript

 

I already got RFE at I-130 stage which took a long time and I don't want to get another RFE or checklist. Do you know which transcript should I be sending? To be on safe side I am also going to send my tax returns as well. Thanks!

 

 

 

Use the 'return transcript'.  It is less paper than sending in copies of tax forms.

 

Good luck!
 


JohnR!MaleMonaco2014-04-11 10:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 & dual citizenship

My fiancee is an American (through naturalization) and also has Croatian citizenship. She lives with me in Slovenia and We will be married in Slovenia ( I'm from Slovenia)!
Because of that we had to get "single status certificate" from Croatia and they want also US certificate, proof that she is not married to someone else in US. We planned to get this paper while we will be visiting her relatives this June.

Now the question is:
- she can give Croatian passport and married me as croatian or,
- she can give US passport and married me as USC.

Which one is "less painful" for CR1 path?

I know .... It is complicated








 

I say that it would make sense that she marry you as an American - if that is something that will be registered in the marriage certificate - for the simple reason the CR/IR visa will be based on your marriage certificate. In that case, if nationality is mentioned in the certificate, it would make sense that she be listed as an American. 

 

There is no such thing as a 'single status certificate' in the US so I am not sure if Croatia would accept an affidavit instead. If that is acceptable, all she would need is to make a statement to that effect and sign it.

 

I hope this helps!


Edited by Gegel, 22 April 2014 - 01:37 PM.

JohnR!MaleMonaco2014-04-22 13:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 & dual citizenship

Hi to All

My fiancee and I are living together in Europe for 4years and will be married on this August 2 (yeeeey :)))) ).
She has dual citizenship. We are planing to move to USA (because her son from first marriage is there in high school, the relatives are there,etc).....Now...is it better to be married under US passport or it doesn`t matters?
Where in CA-Sacramento can she get "single certificate"?



 

Thx.

 

My understanding is that your fiance is an American with dual citizenship, whereas you only have one. 

 

If you are marrying in the California, your nationality, or hers, will not play any role.  All you need do is present some form of ID for the purpose of ID and not for the purpose of registering a nationality in the marriage certificate.  Also, there is no such thing as a 'single certificate' in the US.  You do not need anything other than and ID to get married.

 

However, if you have plans to marry and stay in the US, you need to bear in mind that you will need to get your K-1 visa first, before you can enter the US.

 

Good luck!

 

p.s. If I got this wrong, can you clarify, what are her two nationalities and in which country you are planning to get married?


Edited by Gegel, 22 April 2014 - 12:01 PM.

JohnR!MaleMonaco2014-04-22 11:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 signature - accountant and/or tax payer's

Consider sending in your tax transcripts instead. Less paperwork and better than sending copies of your tax forms.

 

You can get them online: ---> http://www.irs.gov/I.../Get-Transcript

 

Good luck!


JohnR!MaleMonaco2014-04-22 09:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDual citizenship question

He can list one or both nationalities but he would be better off picking one and sticking with it, for the process.  In the end, his visa can only be pasted on only one of his passports.

 

Regardless or nationality or where you get married, his visa will be processed in the country where he resides.  If he lives in France, his visa will be processed through the US Consulate in Paris.

 

Congrats on the wedding!


Edited by Gegel, 23 April 2014 - 02:07 PM.

JohnR!MaleMonaco2014-04-23 14:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTravelling to other countries before POE?

You can go anywhere you please.  No problem.  Just don't let your visa expire and you will be fine!


JohnR!MaleMonaco2014-05-06 14:08:00
IR-1 / CR-1 Spouse Visa Process & ProceduresEntering USA while your case is at NVC

You can still visit while your case is being processed.  No problem there.

Good luck!


JohnR!MaleMonaco2014-05-14 04:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresK-1 denied, now filing for spouse visa

In order to succeed with the CR/IR petition you will have to submit most of the same evidence you did for the K-1, so it is fair to presume you will find the same sort of hurdles you did with that process, including AP.

 

Good luck!


JohnR!MaleMonaco2014-05-19 09:26:00