ForumTitleContentMemberSexCountryDate/Time
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
IR-1 / CR-1 Spouse Visa Process & ProceduresAdjustment of status after I-130 approval

lets adjust it again

 

 - a us citizen files i-130 for his wife. he waits for the approval. that took 9 months.

now we start blank

 

he files AOS for his wife (i-130 was approved). will it take the same time for a AOS filed with i-130 together  or will be a shorter waiting time

 

 

 

You only file the I-130 on its own, if the beneficiary is not in the US.  When the beneficiary is stateside you file the I-130 [if required] and the other documents for AOS together; therefore for the former there is no AOS.

 

Good luck.


JohnR!MaleMonaco2014-06-03 08:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAdjustment of status after I-130 approval

There is no AOS with the I-130 when the beneficiary, as is your case, is not in the US.  At the end of the CR/IR process [~ 12 months] you will receive a stamp on your passport which will be your greencard until you receive the actual card in the mail.

 

 


Edited by Gegel, 03 June 2014 - 08:10 AM.

JohnR!MaleMonaco2014-06-03 08:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAdjustment of status after I-130 approval

At this point you must wait in your home country and complete the process there. It should take approximately 12 months from end to end.

 

You can't reenter the US with the purpose of AOS on a B1/B2 visa, for it would be considered immigration fraud.  You can travel to the US and visit your wife, or come for business but you can't stay and AOS anymore.

 

Good luck!


JohnR!MaleMonaco2014-06-03 07:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresJob Offer - Beneficiary

Hello VisaJourneys!
 
So my husband and I are getting ready for the interview. I (beneficiary) recently told the company that I work for that I might be leaving within the next 60 days. They said they didn´t want to loose me and made me an offer for a significant amount of money in New York City. 
Should I take the offer to the interview? I am afraid they will think that we are going just for the offer and not for our marriage (we´ve been married for 5 years now and we filled 1 year before the offer came).
 
What do you think? Would it help or make things more confusing?
 
Thank you for any insight you can give!
 
 









You don't need to mention the job but sometimes the IO asks what your plans are once you land stateside and it will do you no harm to disclose that your company is willing to hire you in the US, especially. That alone will not hinder your interview.
Congrats on the job and the visa! Good luck!


JohnR!MaleMonaco2014-07-19 16:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat is a certificate of citizenship?

Your US passport - or your CRBA - is your proof of US citizenship.


JohnR!MaleMonaco2014-08-21 14:36:00
IR-1 / CR-1 Spouse Visa Process & Procedures3 years of US tax returns needed?

That's correct. She was looked after financially by her previous partner in the past. She didn't have her own bank account until just before starting her job.

 

In that case, all she needs do is write an affidavit to the effect she has never filed taxes because she never derived any income that would have required her to do so.


JohnR!MaleMonaco2014-08-25 11:45:00
K-1 Fiance(e) Visa Process & ProceduresFlying back together

1338331862[/url]' post='5406795']
How can my fiancé and I both book the same flight back? I am a total noob at this kind of thing so maybe its really easy, or maybe impossible. But how can me and my fiance book the same flight back?

The situation:

I will be flying from America to meet her in RDJ
She will be flying to RDJ to meet me and we interview it up together
We need flights before this date obviously, since Its cheaper, and I need to meet her in RDJ.
Since I am not a Brazilian, i need a round trip ticket. Since shes not American she will need a round trip ticket too, and have it already.

The Objective:

How can we both satisfy the law, having round trip tickets but make the same flight back to the US together, that we may fly together after the visa is granted?


Thank you everyone in advance!!


Not easy but doable. You need to do some planning and digging around for airfares and you need to be prepared to lose a few dollars. I presume that you do not know the date on which the two of you would be flying....
The first step is for you to get your airfare. If she knows the date of her interview she can ask the consulate in Rio for an estimate as to when she can expect her package. Your return date should be a couple of days later than the worst estimate date given by the consulate. If you could plan for a week or so later so much the better. When you book your ticket just make sure that the return date can be changed. Most fares to So.America allow the return date to be changed for a fee of about $150 per change , so long as you rebook it in advance, I.e. don't let the date of your flight pass, otherwise the ticket is forfeited.
Your fiancée will not need a return ticket, so she can travel on a one way ticket, which can be booked at the last minute. However, if the round trip fares are lots cheaper than a one way fare, you may consider getting her a special fare ticket, but also make sure that is can be rebooked. These tickets too can be rebooked by an average of $150 per change. The trick is that you would need to rebook in increments of X days in order to allow for her package to arrive. Unless of course the consulate will give her the package on the same day or schedule a date on which she can pick it up in person, which would make things a little more easy.
It is a gamble and if you play with the change fees it may end up costing you maybe $300 per change for both. If you plan it safe you may not need to rebook both tickets more than once.
Good luck!

JohnR!MaleMonaco2012-05-31 12:15:00
K-1 Fiance(e) Visa Process & ProceduresMy plan and a few questions

1338470727[/url]' post='5410138']
I'm not going to lie, I didn't read your entire post. I stopped when I read this:



K-1 visas are for UNMARRIED PEOPLE. If you marry in Thailand, you are married in the US and her K-1 becomes void, you'll have to start ALL over again with a spousal visa.

Sorry, your plan needs reworking. If you MUST marry in Thailand, file for a Cr-1 visa

Good luck


Ditto.
JohnR!MaleMonaco2012-05-31 09:17:00
K-1 Fiance(e) Visa Process & ProceduresHow much money can my fiancé bring to the US?

hello
would you please answer me ??
How huch money someone who has a greencard can bring to the USA ?? 10,000 $ ???


There is no limit to the amount of money one can bring into the US, however is the total amount is $10K or over then it must be declared upon arrival. Contrary to popular belief the money is not taxed at the POE. The IRS demands that it be declared just so it can be accounted for as clean money. It is also recommended to bring along evidence of the origin of the money.

More often than note, the issue is not bringing money to the US, so much as it is exiting the home country with large sums, that represent a problem.

Edited by Gegel, 04 June 2012 - 12:35 PM.

JohnR!MaleMonaco2012-06-04 12:34:00
K-1 Fiance(e) Visa Process & ProceduresFailed K-1

1338909954[/url]' post='5420809']
. And what happens if petitioner refuses and immigrant has no money ?


The foreign national can contact immigration and ask for removal from the US. The petitioner will then be billed for repatriation expenses, as agreed by means of the Affidavit of Support.
My suggestion is that a round trip ticket should be purchased in case things go wrong.

Edited by Gegel, 05 June 2012 - 11:03 AM.

JohnR!MaleMonaco2012-06-05 11:03:00
K-1 Fiance(e) Visa Process & ProceduresImmigration lawyer

1338992632[/url]' post='5424052']
Hi,

It feels like I am on a speed course K1. Would it be advisable to hire an Immigration attorney? Would this ease the process and maybe more importantly would it speed up the process?

Thanks!

Not if you are a 'doer' . Any immigration process is time consuming and if you are Internet-savvy and do well with research, chances are a lawyer will not help any. A lawyer will certainly not be able to expedite anything.

Having said that, there are tons of posts in this fori and others in the Internet where you can glean some intel on the steps of the K-1 process.
You can find more info and all the forms you need at: http://www.uscis.gov...00045f3d6a1RCRD

Good luck!
JohnR!MaleMonaco2012-06-06 09:30:00
K-1 Fiance(e) Visa Process & ProceduresFinancial

1339002650[/url]' post='5424464']
I sold my business in 2011 and haven't worked a regular job since.
My question is, when filling out the financial statement, since I do receive rental income, can that be used as my primary income?
would total approx. $24000 per year.


Yes you can use that as income. Make sure it is consonant with your tax returns as well.
JohnR!MaleMonaco2012-06-06 12:13:00
K-1 Fiance(e) Visa Process & ProceduresHow Do I Cancel I-129F Appliation Process

1338990952[/url]' post='5424018']
adding uscis is just stupid!


I have no idea what it was you wished to convey, however I do believe you to be barking at the wrong tree.
JohnR!MaleMonaco2012-06-06 08:59:00
K-1 Fiance(e) Visa Process & ProceduresHow Do I Cancel I-129F Appliation Process

I don't think he was saying they do not work for people, just simply saying they're difficult. And I'm not sure there's anyone here who would disagree.


I doubt it. All relationships are difficult. Adding an ocean to the equation just makes it that much harder!
JohnR!MaleMonaco2012-06-05 14:08:00
K-1 Fiance(e) Visa Process & ProceduresHow Do I Cancel I-129F Appliation Process

I dont think this whole Fiance visa is a good idea anymore.
She's not the one.
So, i want to cancel.
Can anybody advise pls



You will receive a confirmation that your request was received by USCIS. Write a request to cancel, sign and attache a copy of the confirmation. Alternatively, if you do nothing and don't follow up with the required documentation, your process will be considered abandoned.
JohnR!MaleMonaco2012-06-05 13:55:00
K-1 Fiance(e) Visa Process & ProceduresDrivers Licence

1339258050[/url]' post='5433426']
could you please let me know, what I should do once I am at the US, to get my Drivers Licence?

thank you so much!


Drivers licenses are issued by state authorities so the requirements will vary from place to place. My suggestion is that you look up the website for the DMV of the state in which you'll take up residence and find out what conditions you must meet in order to get your DL.
As a rule you may expect to take a written and practical test. Insofar as documentation you may need to submit proof of residence and domicile. Again, the types of documents required and accepted vary from state to state.
Good luck!
JohnR!MaleMonaco2012-06-09 11:27:00
K-1 Fiance(e) Visa Process & ProceduresIs it possible for my fiancé to get a tourist visa from brazil while our I-129F is being processed

1339353198[/url]' post='5434981']
My fiancé lives in Brazil, and I live in Dallas. I was wondering if it is possible for her to get a visa to America while her K-1 is still being processed. I would love for her to come here and meet my family before we get married (hopefully if we are approved for the fiancé Visa).

I am visiting her about every 4 months as it is, but I would like to see her more often, of course.

If anyone knows for certain whether this is possible itr not I would really appreciate some guidance. I am posative this question had probably been answered on here a million times but I'm new here lol


Matt chances are she will be denied a visa if she applies for one. As part of her tourist visa application she must disclose the reason for her trip and that she is currently waiting for a K-1 will immediately disqualify her for a tourist visa.
Sit tight and sure enough she will soon be here with you.
JohnR!MaleMonaco2012-06-10 13:52:00
K-1 Fiance(e) Visa Process & Proceduresfiance overstayed visa, left the country, now what?

1339787155[/url]' post='5453822']
I think he did have a specific date, but he was a student the whole time he was here.


Melinda, the cunsolate must have given him a letter explaining the reason they declined his visa this time around. There should be indication as to whether the ban applies to him in that letter. Have home check it out.
JohnR!MaleMonaco2012-06-15 14:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS problem
I don't think it will cause and RFE because the USCIS is - or should be in principle - interested in her current salary, which is what is required for the affidavit of support. IMHO your plans sound good, Have your wife file the return herself at a time which she can also inquire how long it will take for them to enter all the info in their system so she can ask for the transcripts. Bear in mind that the IRS stamp on the return should suffice as to the legitimacy of the return, but you never know.
if you get the transcript in time you can take it with you, otherwise the stamped return should be sufficient evidence.
Unfortunately there is no way to know for sure but I truly believe you are not going to be delayed on the account of the late taxes.
JohnR!MaleMonaco2012-06-27 19:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS problem

1340842117[/url]' post='5489189']
I could add this, her aunt is her tax lady, and is emailing her tax return to her s she can sign it and turn it in at the local IRS office so they can stamp it. I could then take it to the interview along with the 2011 and 2009 tax return transcripts.

My main question is, can she still even mail out the AOS package?


Yes she can. If asked you can present proof that she filed her 2010 taxes albeit late. From the moment the IRS accepts the return she will be current. Even if there is a mistake, for all legal purposes she is current so long as she filed it.
There is a chance you will not even need it but you will be covered.
Ask her aunt to keep track with the IRS and request a transcript as soon as they can provide one. It may just so happen that you will be able to get it while you AOS is being processed.
You should be ok.
JohnR!MaleMonaco2012-06-27 19:26:00
IR-1 / CR-1 Spouse Visa Process & Proceduresdifferrence between getting married in mexico or at the intnl. bridge?

thank you


You're welcome! Congrats and felicitaciones!
JohnR!MaleMonaco2012-07-06 13:31:00
IR-1 / CR-1 Spouse Visa Process & Proceduresdifferrence between getting married in mexico or at the intnl. bridge?

my gf and me are planning to get married so i can bring her to the US. i want to know the difference between these two options. would one of these will make faster the process? thanks in advance for your replies.


It makes no difference where you get married. The process is the same.

Edited by Gegel, 06 July 2012 - 01:23 PM.

JohnR!MaleMonaco2012-07-06 13:17:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs there a website where you can pay US$2000 to get CR1 done in a month's time?

Well I thought there wasn't but my wife called me this morning and is quite adamant about this being the case :unsure: :help:



I am sure there is such a website and I have no doubt it is a scam. What an easy way to get $ 2K in addition to having access to you entire bio - DOB, SSN, Address, Tax Returns etc...

IMHO you would pay $2K to have your identity stolen.

On a serious note, if you do come across such a website you may want to drop a line to the Dept of State so they investigate. it.
JohnR!MaleMonaco2012-07-05 09:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresK-1 Visa for one man, married another.
Just make sure you gather enough evidence your marriage is legit, because it may look suspicious to a CO the fact that she entered the US on a request made by another man, ended up breaking that engagement after months of waiting for a visa, only to marry you so quickly afterwards.

Please forgive me if my words sound harsh. I am only trying to point out where the entire situation may hit a snag.
JohnR!MaleMonaco2012-07-09 13:42:00
IR-1 / CR-1 Spouse Visa Process & Proceduresbest way for me

Ok, i forgot to say, for some reason I was not allowed to use the visa waiver program. Instead i had to apply for a B2 visa.


In this case, you will need to apply for a B2 visa again. It will be a tough sell but you will never know if you do not try. It might behoove you to obtain an affidavit from her doctor to the effect that her pregnancy is high risk. If your visa is denied again, then she can get started on your immigration papers and try to expedite them.

Keep checking here in case someone else has other ideas.
JohnR!MaleMonaco2012-06-21 13:44:00
IR-1 / CR-1 Spouse Visa Process & Proceduresbest way for me

Okay then I would have to apply for a B2 visa , and then return to Sweden. Sounds good.
But B2 visa is hard to get for me because I cannot prove strong ties to Sweden other then being a swedish citizen.
Before i married my wife, i applied for a B2 visa to go and visit with her and eventually get married. But I was denied because of not proving strong ties to Sweden. I didnt have a job, apartment etc. I lived with my parents. Basically, i had nothing to return to.
How about now? I still live with my parents and i dont have a high income. Will i be denied B2 visa even though my wife is pregnant and high risk?


Unfortunately there are no guarantees that you will get a visa this time around. You may have to explore the option of benefiting from the VWP. In principle you would not need a visa for a visit up to 90 days with a Swedish passport. With such short notice there isn't much else you can do.
JohnR!MaleMonaco2012-06-21 13:27:00
IR-1 / CR-1 Spouse Visa Process & Proceduresbest way for me

I need to be there before the end of nov.
Cant I apply for a B2 visa and then change that to a green card?


At this stage, if you want to be sure you can be with her when your child is born, the quickest way would be to apply for a B2 visa and be here for your wife and kid.

You can't apply for the greencard yourself. Your wife will have to do it and maybe she will be in a better position to deal with the paperwork once the baby is born and after you have returned to Sweden.

Entering the US on a tourist visa with the purpose of seeking Adjustment of Status is a bad idea.
JohnR!MaleMonaco2012-06-21 13:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFinancial question related to visa and process
In order to qualify as the sponsor you need to provide the transcripts of your last tax returns. It is not about the money you have in your bank account. It is about how much money you make with your employment.

If you currently live outside the US, chances are you will need a co-sponsor, who in this case can be your parents, provided they live in the US and meet the minimum requirement for income.

Check out the link below with more info on the Affidavit of Support:

http://travel.state....nfo_3183.html#5

Good luck!

Edited by Gegel, 11 July 2012 - 01:21 PM.

JohnR!MaleMonaco2012-07-11 13:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHelp me pls..

I mailed my Affidavit of support only to realize i forgot to put my W2's and 1099 with my 1040 tax form. what should i do?


Chances are that you will have to produce these documents at the time of interview, if you don't receive an RFE. Be on the safe side, and in the meantime request tax transcripts from the IRS in case, you receive a RFE. Tax transcripts are preferred over copies of 1040.

Good luck!
JohnR!MaleMonaco2012-07-13 08:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat is best process for US Citizen who wants to marry a Canadian permanent resident from China?

1342403804[/url]' post='5527616']
Thanks--that is helpful to know. My only other question is--do you think it will slow the process down if we get married in Canada, rather than the U.S.?


No, it will not. Your marriage will be as valid here as if you had married in the US. Other than knowing the steps and what will be required of you, so you are prepared and get all papers ready, there is nothin anyone can do to expedite the process.
JohnR!MaleMonaco2012-07-16 07:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat is best process for US Citizen who wants to marry a Canadian permanent resident from China?

1342383854[/url]' post='5527301']
I'm a U.S. Citizen in New York and my fiance is a Chinese citizen who is a Canadian permanent resident living in Montreal. Right now she has a 10-year tourism visa to the U.S. and comes and goes every other weekend or so.

My question is--should we get married in New York one weekend she comes to visit? And then apply for a CR-1 Spouse visa? Or is there another smarter way for her to become a US citizen and live with me in New York quicker?

Thank you for your assistance.


Getting married in the US or Canada would be the same. It might be faster to do so in NY. The CR process will not grant her citizenship immediately but will end up in her getting a green card which will allow her to live and work in the US with the same rights - other than voting - as any US citizen. So, citizenship is not required for her to be able to come live with you in NY. If thou stay married and living together for three years she can apply for US citizenship.
If she is the one, tie the knot and file for her residence, bearing in mind she should not permanently move to the US until her green card is approved, meaning she has to continue living in Canada during the process.
Good luck!
JohnR!MaleMonaco2012-07-15 15:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow do i make this sound good?
In addition to what others said here, my suggestions is that you take the form to your grandpa and read the fine print with him. It will also give you and him the opportunity to find out what it is he is NOT getting into. Have your computer with you and take him to the site of the USCIS so he can learn what all is involved. In other words, help him understand and feel he is a part of something and not only a signature in a piece of paper. Share your journey with him, in other words.
Good luck!



JohnR!MaleMonaco2012-07-19 07:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow long i could wait before leaving after geting CR1 visa

i pick up my passport stamped with CR1 visa today and the big yellow envelope. i want to know if there is a deadline or a timeframe because of medical. i want to stay one more month here to complete my contract and to leave on august 20th. thanks


Your envelope and/or visa should have an expiration date. Normally with a CR visa you have 90-180 days during which to enter the US. Check the envelope for that expiration date.

Edited by Gegel, 20 July 2012 - 02:15 PM.

JohnR!MaleMonaco2012-07-20 14:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 exception question
Veering a little off topic, has he explored the option of filing a I-191 and re-entering the US under his pre-existing residence?

Edited by Gegel, 25 July 2012 - 11:58 AM.

JohnR!MaleMonaco2012-07-25 11:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffidavit from friends and family

Being claimed as a dependent has nothing to do with being required to file a tax return.


True, but the poster disclosed he has not worked in the last three years, was claimed as a dependent on someone else's return and has a non-resident alien wife. Almost invariably that would indicate he needs not file a tax return.

Here's the link to the ITA: http://www.irs.gov/i...tml?portlet=105
JohnR!MaleMonaco2012-07-25 13:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffidavit from friends and family

Sorry just one more thing, if I was claimed as a dependant on someone else's taxes how does that work? Can I still file for tax returns from previous years without having worked in those years? And if so, do you have any idea how?



If you were a dependent on someone else's taxes, those are the tax returns you need to show. You are current.
JohnR!MaleMonaco2012-07-25 12:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffidavit from friends and family

In the example form given for affidavit from family/friends it has a space for notary information. Is is obligatory to use this format or can we just have them write in their own words? Also about the affidavit of support, since I will not be able to sponsor my wife financially, do I still need to produce 3 years of taxes?


No, you do not have to use any particular format and they should use their own words.

In regards to the I-864 you will have to be the primary sponsor. Based on your income - or lack thereof - you will need to find a co-sponsor. Regardless of your income status you must be the main sponsor.
JohnR!MaleMonaco2012-07-25 12:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffidavit from friends and family

I have another question :) If I am doing this thing wrong by posting new topics please tell me, I dont wanna become boring :whistle: So here is my question: When you have friends/family submit affidavits acknowledge that they have knowledge of your "bonafide marriage" do they need to be notarized or done in court? Or can they just be handwritten or typed and signed?


There is no requirement that they be notarized. IMHO a notarized document looks better, but I would not lose sleep over it. If you can notarize them easily, do it. It won't hurt.
JohnR!MaleMonaco2012-07-25 12:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 Rejected AT the Chicago Lockbox...and they lost the case?

I had been worried for weeks as to why the USCIS hadnt cashed the check we sent with the I-130. After searching and searching I finally got a useful customer service rep. They gave me a case rejection number.....the reason was stated as OTHER, and the case was forwarded to the Bahamas. I HAVE Never set foot in the Bahamas(Would love to though). Now my wife and I are trying to see what to do next. We are in Argentina. I sent the packet to my family and it was forwarded from my home in Atlanta. I have no idea where the Bahamas came up. The only sugestion they could give me was that they probably couldnt locate the address, because someone made a data entry error, and for a non existing address they rejected it. He told me to write to the service desk at lockboxsupport...Has this happened to anyone before. They have caused us to lose over a month and a half of our time!!!!!!!Agh.....It seems like with me filing with a forgin address that in that time our case could be almost complete by now if we had any luck! Anyone have similar experiences.....Please help us. What would you do now


The ISO code for the country 'Bahamas' is 'BS'.

Is there a chance that the return/petitioner address be in Bs. Aires? That might explain the data entry faux pas.

My suggestion is that you send in another I-130 and put a stop payment on the check sent with the previous packet. What seems odd, is that, had someone in the office processed your request, the check would have been cashed by now.

All the same it sucks...

Edited by Gegel, 26 July 2012 - 11:53 AM.

JohnR!MaleMonaco2012-07-26 11:50:00