ForumTitleContentMemberSexCountryDate/Time
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
IR-1 / CR-1 Spouse Visa Process & ProceduresCo-sponsor who has been sponsored in the past

My current income and last year's are enough (about 5k more than the required minimum); however, I had a very low income in previous years (2 of them would be included on I-864). I do realize that USCIS looks closely on the current situation but I want to have a co-sponsor just in case.


You don't need a joint sponsor. What really counts is how much money you make currently.
JohnR!MaleMonaco2012-07-26 13:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAdjusting status immediately after wedding...

1343335366[/url]' post='5558401']
I am marrying on october 22nd. My initial plan was to go on a tourist visa, marry, return home. Sounds fair enough right? And apply for spouse visa. Now... I have a friend who's Mother married an American man, went on a tourist visa, married, and adjusted her status immediately and didn't have to return home..... hmmm now this really has me thinking, can you do that??? Is that LEGAL? What about the return ticket?

I will add also, I have 2 children who will be coming with me... how would you go about this? I don't like the idea of spending up to 10 months without being with my partner, but I also don't like the idea of being barred from the USA from breaking the law (if it is breaking the law)...


You would be breaking the law definitely if you come in with the intention or marrying and staying. IMHO consider coming and marrying ans planned and have your husband file for your greeencard and your kids' under the CR/IR guidelines soon afterwards. Stay as long as you are allowed, which may be up to six months depending on the CBP agent at the POE. If you do that, you'll not be breaking the law. If you are allowed to stay for six months as is customary, you can be with your husband for that period and chances are that by the time you have to return home, your process will be far along enough that you should be able to return as a resident, green card on hand in approximately another six months or so. The entire CR/IR process may take up to a year. During that time there is paperwork you'll need to prepare to present at the consulate in your home country so you will be fairly busy taking care of those, and preparing yourself and readying all things in your life to return legally, enter the country to stay, and do so without the spectrum of suspicion from the USCIS.
Whatever your decision, I wish you best of luck.
JohnR!MaleMonaco2012-07-26 16:40:00
IR-1 / CR-1 Spouse Visa Process & Proceduresmissing W-2

1343338030[/url]' post='5558492']
I am about to file AOS (i-864), I am the petitioner and the Sponsor. however I am missing one of two W-2 from my previousl employer from 2010, and I can't get hold of them any more. I do have IRS transcript for last 3 years(2011,2010,2009) and 2011 and 2009 complete tax returns with W-2 and schedules.

The question is Should I just sent 2011 Return/W-2(s) + 2011/10/09 years of transcripts OR sent 2011,2010 (Missing 1 or 2 W-2) and 2009 tax returns/W-2(s) + 2011/10/09 IRS Transcripts?

I called NVC and the customer service told me 'send whatever you have got'. :unsure:


If you have the transcrips from the IRS you will not need the W2. In fact the transcripts are preferred over then1040s.
JohnR!MaleMonaco2012-07-26 16:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresEntering on B2 while waiting for CR-1

1343604479[/url]' post='5566715']
On the contrary, the entire post is because I know she needs to convince the entry officer and I'm trying to get a realistic gauge on the likelyhood of her being allowed in. Like I said, just trying to get a feel for all the options and their chances of success. The K1 and it's associated wait obviously has close to 100% chance of working out as I expect, but I'm not sure on these other possibilities.


She can always tell the officer the truth, in that she cannot immigrate to the US until her CR is complete and that she would like to make use of her tourist visa privilege to be with her husband at least for some part of the wait. The important thing is that in telling the truth she should acknowledge that she knows that it would be considered fraud to enter with the B2 with the intent of staying. The officer might feel she is not trying to sneak in through the back door and may ask her to sign a document indicating her understanding she cannot undergo AOS under penalty of lying to a USCIS officer. The USCIS will have discretion over the final decision and her attitude is a big part of that decision. She needs not be coy about the fact she is not willing to face a lifetime ban at a time when she is doing things by the book. Good luck!
JohnR!MaleMonaco2012-07-29 18:42:00
IR-1 / CR-1 Spouse Visa Process & Procedurescan USCIS or consulate denied a visa for debts of the beneficiary?

1343748956[/url]' post='5571322']
I'm so worried, my wife is from Honduras and she have a few debts, and I'm so worried that the embassy in Honduras could denied her visa CR-1 for the debts that she's still paying!! should i pay all her debts before the interview? someone who has gone through the same Circumstances PLEASE advise me!!!!!


Her debts should not be an issue, unless they are included in the police record required by the consulate. Even if that were the case, if she's current with her bills, there is no reason to worry.

Edited by Gegel, 31 July 2012 - 02:01 PM.

JohnR!MaleMonaco2012-07-31 14:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresBank statement

1343995019[/url]' post='5581199']
SO i got a checklist as to prove my checking and saving account. How accurate this should be and what type of statement needs to be provided. I put my car valuse as my checking and saving and I dont know what to do right now. thanks


All you need do is produce the last 3 to 6 months worth of bank statements for both. You can't claim you car as savings. You can only claim cash in the bank and cash/positions you may have in a trade/investment account. Also if you have any private retirement accounts such as IRA, 401(k), pensions, etc you can use those to beef up your savings.
Good luck!
JohnR!MaleMonaco2012-08-03 07:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresConfuse on form I-864ez part 4

Dear Gegel & Pushbrk,

Thank you so much for your kind reply.
I have another question, literally we haven't received the form I-864ez, we just called USCIS and they advised to fill out the I-864 form, and it confused us whether we are filling the right form or not. My questions are :

1. Since am the only one being sponsored by my husband does it mean that we just use form I-864ez ?
2. If we need all the 3 years tax copies ? because it says year 2 & 4 are optional
3. On income my husband is a veteran and on income what my husband pit on taxes is different than annual income (due to his veteran money not taxable and not considered income) do we need to add it to it ?


Sorry for too many questions and again greatly appreciate to your kind assistance.



USCIS has nothing to do with your case at this stage. There are three questions at the top of the I-864EZ. If all three can be answered yes, use it. Don't wait to receive it. You will not. The USC needs to download and complete it.


X 2...

You can download all the forms you need from the USCIS website: http://www.uscis.gov...00045f3d6a1RCRD
JohnR!MaleMonaco2012-08-08 09:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresConfuse on form I-864ez part 4

Dear VJ Friends,

We just received to pay for the Immigrant Visa Applicant processing USD 230.
Before we made the payment my husband is about to filing of form I-864EZ.
We got stumbled on the part 4 of the household size.

at point :

b. Your spouse
according to the instruction if you are married and your spouse not included in line (b) to enter "1", since we enter 2 in line (a) does it mean we need to enter 2 ?? since we are married.

c. Your dependent children under age 21

My husband has 2 children under age 21 but they are not under his custody, does it mean we need to enter 2 ?

d. If you have sponsor any other person on I-864 who are now lawfully permanent residents in the US enter here
My husband ex wife was a panamian then she is now become US citizenship, do we need to include her or we just fill in (0) zero).

f. Add together line number a,b,c,d, e
does it mean we need to calculate from point a ???

Please help.. thank you in advance for your kind assistance and attention.

These forms are sometimes confusing. The important thing is 'do not count anyone twice' because sometimes a person may fall into two different categories.
In b enter 'zero' - the beneficiary, i.e. you, the spouse, is already included in 'a'.
In c enter '2' for the children if he is financially responsible for them and/or if he claims them as dependents or any child support in his tax returns.
In d you can enter zero if you are absolutely sure his ex-wife has become a US citizen, otherwise enter 1.
Add all the entries I.e. a+b+c+d+e and enter the total in 'f' . In your case 'f' will be no lower than 2 and no higher than 5.
I hope this helps.

Edited by Gegel, 07 August 2012 - 08:34 AM.

JohnR!MaleMonaco2012-08-07 08:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresLawyer help or not??
Posted ImagePosted Image Posted Image

My opinion - based on reading numerous cases here on VJ - waste of money and TIME.

Having a lawyer will probably actually slow you down, as YOU have to collect all the required documents, then send them to the lawyer, who then sends them to the NVC (you hope - there have been cases where the lawyer has taken the fees but never sent any paperwork at all). Having a lawyer won't make them process your case any faster.

By doing it yourself, you know exactly what is going on, when everything is due, and can send everything as soon as you are able.

Good luck




JohnR!MaleMonaco2012-08-08 13:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffidavit of Support : Form 864 or 864EZ

:yes: I am happy that you see where my confusion stems from?
Though, I would probably have been much happier if you didn't share the confusion. (That way i would have had 2 definitive answers!) :)


Sorry mate! I really am!
JohnR!MaleMonaco2012-08-09 20:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffidavit of Support : Form 864 or 864EZ

I would admit, that threw me off too!


However I do see where the I-864 only mentions the 1040EZ on question 25.
Hmmm.. Let's see if someone else has any additional comments. Considering that both forms mention the 1040EZ it might indicate that as long as the W2 can reach the income level, the 864EZ might be applicable.
I now share your confusion. I hope you're happy!!! Posted Image
JohnR!MaleMonaco2012-08-09 19:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffidavit of Support : Form 864 or 864EZ

No, this is not correct. The EZ in I-864EZ has nothing to do with 1040EZ.




Actually it does. Look at question 19 on the form. It specifies form 1040EZ as the tax form from which to glean the AGI amount.
Edit: as does the I-864 in question 25... So we're back to square one...

Edited by Gegel, 09 August 2012 - 07:31 PM.

JohnR!MaleMonaco2012-08-09 19:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffidavit of Support : Form 864 or 864EZ

Thanks for your reply.
i believe my "dilemma" is well explained in my original post. Which is


The interest income is NOT a W-2 income but i do not need to include it in my to be qualified to sponsor.
I am trying to better my chances of avoiding a rejection and sending it all again.
My question is more about advice as to which route to chose rather than "trouble understanding a simple yes to all"


The catch is that you can only use this form in connection with a 1040EZ and that is where your answer is. Although your W-2 income puts you in the qualifying zone, you need to back up the affidavit with your tax returns or transcripts.
IMHO go the safe route and file the longer I-864. It would be your luck to have the USCIS reject them form for being incorrect, wouldn't you know...
I hope this helps. Good luck!

Edited by Gegel, 09 August 2012 - 07:10 PM.

JohnR!MaleMonaco2012-08-09 19:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresImmigrant Wife's First Entry W/ CR1 Visa

My wife got her CR-1 visa through direct consular filing in Seoul after a long process on Aug. 7. When we looked at the expiration date, to our dismay, it said Sept. 7. We thought the CR1 expired six months after the interview, but is it six months after the medical?

Anyway, we had already bought tickets from Seoul to Thailand and then a trip home from Thailand to NYC on Sept. 13 before we realized that her visa was set to expire before the end of the trip.

So I have a few questions:

1) Does the CR1 expire six months after the medical exam or six months after the interview?

2) Could she make her first entry in Guam before the expiration date and then return to Thailand and fly home as planned?

3) And if she has to be there on or before Aug. 7, can she go before me?



I read this, but am I the applicant or is she?



Thank you very, very much.


It expires six months after the medical. I would strongly suggest you crush your schedule and get her stateside before sept 7. She can enter the US without you and she should be able to travel as soon as she has her green card on hand. It normally takes 30 days for the GC to arrive.
Good luck.


JohnR!MaleMonaco2012-08-14 08:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRequesting an Expedite for IR1/CR1
Cesar, I agree with the majority that hyper- or hyperthyroidism is rarely considered a hardship. Furthermore, chances are you will find a lot of red tape with your insurance company in regards to preexisting conditions.

On a positive note, neither condition is life threatening and she should be just fine with the medication she is receiving in Colombia.

Good luck!
JohnR!MaleMonaco2012-08-14 13:38:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPreviously denied visa in hand during second petition?

You're new here, so it's understandable you would want to be positive. However, this kind of question is not about the affidavit of support. It's about something that was misrepresented in the first filing or something they are wondering if they can get away with lying about this time.


Thanks for the heads up. What did the OP misrepresent or lie about, precisely?
JohnR!MaleMonaco2012-08-16 07:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPreviously denied visa in hand during second petition?

Yes, I did not meet the income requirement and an affidavit of support was not allowed in the case of the fiance visa. It has been over a year and I still do not meet the requirements




Yes, they have the complete information about the first petition, that was denied. On the brighter side, you already know what the issue was and as you file for hte CR/IR process, make sure you get a co-sponsor for the I-864 which will be required, in addition to your own. Regardless of your income, you will need to sign a I-864 and you will need a co-sponsor to sign another one.

It is really not a big deal, as long as the co-sponsor resides in the US full time and meets the required income.

Good luck and congratulations!
JohnR!MaleMonaco2012-08-15 20:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresBroken link for DS-230 on travel.state.gov

Yes, same result, I got Server not found error, have you tried on your side?


That is the same link I have and it works. I just tried it.
JohnR!MaleMonaco2012-08-22 13:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIR-1/CR-1 or K3 Visa?

Hi Visa Journey community, I would like to ask a question regarding a visa:
We filed a petition for K3 visa which is I-129f which also includes I-130 petition for IR-1/CR-1 visa as well.
Now our petitions are both approved at the same time, so we are now trying to make a decision on which one to go with.
I know the immigrant visa would be good, but the problem for us is time, we would like to join each other as soon as possible.
The priority for us is time not the status whether it be immigrant or non-immigrant, but at the same time we are worried about how hard would adjustment of status be later;
Just to compare it with the petition of I-130 in terms of complexity , time, hassle, money, and etc, how hard or easy would Adjustment Of Status be later when we will apply?
If adjusting the status is comparably too hard then we will go with the I130 approval, otherwise with the I-129f.
So can you guys please give me some advice on this? maybe some of you gone through this or know cons and pros....

Thank you so much!


You will not be given a choice at this point. Your case will be turned into a CR/IR.

http://travel.state....types_2993.html


The Second Step: Applying for a Visa
Important Notice: Effective February 1st, 2010, when both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

  • The nonimmigrant K-3 visa case will be administratively closed.
  • The application process explained below will not be available to the foreign-citizen spouse and cannot be used.
  • The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage.
If the NVC receives the approved I-129F petition before it receives the I-130 petition, the NVC will process the I-129F petition. NVC will then send the I-129F petition to the U.S. Embassy or Consulate in the country where the marriage took place. If the marriage took place in the United States, the NVC will send the petition to the U.S. Embassy or Consulate that issues visas in the foreign-citizen spouse?s country of nationality. If the marriage took place in a country that does not have a U.S. Embassy, or the Embassy or Consulate does not issue visas, the NVC will send the petition to the U.S. Embassy or Consulate that normally processes visas for citizens of that country. For example, if the marriage took place in Iran where the U.S. does not have an Embassy or Consulate, the petition would be sent to Turkey.

The U.S. Embassy or Consulate where you, the foreign-citizen spouse, will apply will provide you with specific instructions, including, where to go for the required medical examination. During your interview, ink-free, digital fingerprint scans will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant?s interview by a Consular Officer.

Eligible children of K-3 visa applicants may apply for K-4 visas. Separate applications must be submitted for each K visa applicant, and each K visa applicant must pay the visa application fee.


Edited by Gegel, 24 August 2012 - 12:11 PM.

JohnR!MaleMonaco2012-08-24 12:09:00
IR-1 / CR-1 Spouse Visa Process & Procedures2 part question

Yes, that's a correct description. The earlier one was not.


Don't worry. I believe the OP understood what you meant. No harm done.:thumbs:
JohnR!MaleMonaco2012-08-27 11:49:00
IR-1 / CR-1 Spouse Visa Process & Procedures2 part question

No the visa is not the temporary green card. The endorsement of the visa serves as a temporary green card.





Same difference. LOL. The visa becomes the temporary greencard once it is endorsed upon arrival.
JohnR!MaleMonaco2012-08-27 11:21:00
IR-1 / CR-1 Spouse Visa Process & Procedures2 part question

Hi guys

first question is, when i arrive at my POE, they stamp a Temp GC into my passport i think?
does this allow me to start working right away or must i file for it?

Second one is, my visa was issued on the 16th of Aug 2012, and in my passport is says IV Expires jan 3rd 2013
do i have to file anything before this date?

thanks



1/The visa which will be placed on your passport IS your greencard. It is valid for one year, so that will give you ample time to receive your actual card in the mail. Your residence is effective the moment the visa is endorsed, at the POE, i.e. when you arrive in the US. With that visa on your passport you can apply for SSN, get a DL and work, the moment you walk out the airport.

2/Your visa has an expiraton date of 1/3/13. You must enter the US on/before that date.

Good luck!

Edited by Gegel, 27 August 2012 - 09:30 AM.

JohnR!MaleMonaco2012-08-27 09:29:00
IR-1 / CR-1 Spouse Visa Process & Proceduresonly alien in the family

Hubby and daughter us citizen.I am Irish we are all currently living in Ireland for past 8 yrs. Hubby got good job in the USA and we want to immigrate asap. We are thinking of filing the i-130 by end of the week from Ireland or do I have an option of traveling on WVP and filling from over there? Love this forum was so lost pre VJ


You can't enter the US on your VWP and adjust your status once you're here, but there is nothing that should prevent you from entering the US and being with your family while you wait for your CR process to run its course. (Entering the US with the intention to stay as an immigrant, without holding an immigrant visa is considered fraud.)

I have seen recent testimony of many Europeans who are in the same situation as you are and who have been able to travel to the US under their VWP.

Good luck!

p.s. If you're Irish, you're anything but an alien in America... :)

Edited by Gegel, 27 August 2012 - 02:54 PM.

JohnR!MaleMonaco2012-08-27 14:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 Edition question

Thanks very much..Mail to and from Bogota is very precarious at times, we've lost several things over the years (movies on DVD, pictures or whatnot) so I didn't want to take a chance with these forms.

Part of the problem is that they reconfigured their street numbers and mail zones a couple of years ago as opposed to an inherently unreliable system, which I don't think is the case.

Tx!


In addition, you can download all forms from the USCIS website, so you always have the most current one available: http://www.uscis.gov...00045f3d6a1RCRD
JohnR!MaleMonaco2012-08-28 11:23:00
IR-1 / CR-1 Spouse Visa Process & Procedureswhat is the best and quickest Visa process to use for our situation?

Yes the constant back and forth with is pretty annoying. However, i would like to know the truth, is it ok to come into the US on a non-immigrant visa with the intentions of getting married (if not already) and changing status?


I agree with you on that one. :thumbs: It is not uncommon for people to have different opinions on a same subject, so it is unproductive to presume an opinion should be the be-all end-all for any subject.

For edification purposes, here are some links, one of which concerns a similar discussion in another thread. They may provide an additional point of view, and explain, in a more comprehensive manner, what the law is and how it looks upon certain immigration practices.

I hope this helps.

http://www.visajourn...a-tourist-visa/

http://www.pcurtisla...ry-tourist-visa

http://www.peerallyl...ntent/view/562/
JohnR!MaleMonaco2012-08-30 08:00:00
IR-1 / CR-1 Spouse Visa Process & Procedureswhat is the best and quickest Visa process to use for our situation?

Not when you read in full and take into account how those laws are interpreted specifically regarding the spouse of a US Citizen. Why are you still beating this long dead horse?


You are the one beating the dead horse. I agreed to disagree a long time ago.

Have a great day!
JohnR!MaleMonaco2012-08-29 14:01:00
IR-1 / CR-1 Spouse Visa Process & Procedureswhat is the best and quickest Visa process to use for our situation?

I don't know if that was a typo but if she enters with a CR1 visa she should have an SSN in a couple of weeks rather than months.


I said a couple of months to err on the side of caution. In principle, it should take a couple of weeks, but more often than not, the applicant will have to intercede and visit the SSA office in order to get the process moving. In time it should become a matter of a couple of weeks, but as is, the system does not work for everyone.
JohnR!MaleMonaco2012-08-29 13:57:00
IR-1 / CR-1 Spouse Visa Process & Procedureswhat is the best and quickest Visa process to use for our situation?

edit: I wouldn't risk traveling on a non-immigrant visa, with clear intentions of actually immigrating, my interpretation of the rules for non-immigrant visa make this approach visa fraud.


That is correct, according to immigration laws - INA.
JohnR!MaleMonaco2012-08-29 13:55:00
IR-1 / CR-1 Spouse Visa Process & Procedureswhat is the best and quickest Visa process to use for our situation?

I would prefer the idea of AOS and AP, but it looks like the CR1 is probably our best bet; since she would be going back to school for almost six months I dont want anything to trigger the entire process. What do you think?

What does it take for her to get a work permit?


The idea of AOS is a bad choice, IMHO. If she has to go back to school for another six months you can can start and file the I-130, so the process will run as she is in Canada finishing her studies.

With the CR/IR process, technically, she will be able to work from the moment she enters the US, for she will do so as a resident already, her endorsed visa serving as her greencard until she receives the actual card in the mail. In reality, she will need her Social Security in order to work and that should take a couple of months after she enters the US. However, once she enters the US, she will be able to travel and work immediately.

Edited by Gegel, 29 August 2012 - 11:25 AM.

JohnR!MaleMonaco2012-08-29 11:22:00
IR-1 / CR-1 Spouse Visa Process & Procedureswhat is the best and quickest Visa process to use for our situation?

Thanks for all the input. She is a full time student in Canada and due to graduate in 2014. During the summer she does an internship at a company she has been working at for over 4 years. But from my understanding, if you want to do the AOS, she would have to leave with me in the US and cannot go back to Canada till the process is done?


That is correct and one of the implications of doing AOS in the US. She would not be able to leave the US until her AP is approved. As you file for AOS you can request AP, which would allow her to leave the US and return to Canada.
JohnR!MaleMonaco2012-08-29 11:03:00
IR-1 / CR-1 Spouse Visa Process & Procedureswhat is the best and quickest Visa process to use for our situation?

I SAID there are things to consider. You are correct that there are circumstances where it can be considered fraud to adjust status while visiting but FOR THE SPOUSE OF A US CITIZEN, the intent (upon entry) to do so, is not one of those circumstances. You are simply WRONG. Please DROP IT.

I'm not assuming anything. I'm indicating an option for consideration.




We agree to disagree. No harm done.

In the end, it is a matter of law, rather than opinion.

Have a great day!

Edited by Gegel, 29 August 2012 - 10:59 AM.

JohnR!MaleMonaco2012-08-29 10:58:00
IR-1 / CR-1 Spouse Visa Process & Procedureswhat is the best and quickest Visa process to use for our situation?

We deal with this question here multiple times each week. I've been part of dealing with it for six years now, so at least several hundred times.
There are multiple things to consider when choosing among the available immigration processes, but(when based on marriage to a US Citizen) it is not illegal to adjust status while visiting on a visitor visa. Anybody who says otherwise is simply "wrong". Such adjustments are completed successfully more than a hundred times every business day.



The statement you make is incorrect. There are circumstances under which it is considered fraud to adjust status while visiting on a visitor visa, and there is legislation to that effect. It all depends on what information is exchanged with the CBP officer at the POE, so it would be imprudent to make a blank statement to the contrary.

It would be unwise to assume that all applicants are approved and that there are no consequences to those who are not approved.

Edited by Gegel, 29 August 2012 - 10:40 AM.

JohnR!MaleMonaco2012-08-29 10:39:00
IR-1 / CR-1 Spouse Visa Process & Procedureswhat is the best and quickest Visa process to use for our situation?

Yes, there are logistics to consider. If they don't work, don't do it. If they do work, it's an option to consider, not "bad advice".


There is also the legal aspect to consider, depending on the interaction with the CBP officer at the POE.

I have no doubt you mean well. My personal opinion - not a judgment call by any means - is that it is an option best not indicated for a simple case of CR/IR without prejudice.

Edited by Gegel, 29 August 2012 - 09:58 AM.

JohnR!MaleMonaco2012-08-29 09:57:00
IR-1 / CR-1 Spouse Visa Process & Procedureswhat is the best and quickest Visa process to use for our situation?
'After you're married but before you file anything, if your wife were visiting you in the USA, you could then decide to have her simply stay and adjust status.'


IMHO some bad advice here. During AOS the immigrant will not be able to leave the country until AP is approved, which may mean that someone who entered the country for a short visit may have to stay much longer, a situation for which one might be unprepared.

Logistic-wise this is a bad idea altogether, IMHO.
JohnR!MaleMonaco2012-08-29 09:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresStarting out IR-1/CR-1 process

Hi there everyone. I am about to begin the IR-1/CR-1 process to have my wife join me in the States, and I have a couple questions:

1. Are there any limitations on who can become a financial sponsor if I cannot sponsor myself? I live with my mother and her fiance, who
supports all of us, and I would like to get him to sponsor me, as he is financially stable.

2. I met my wife in Turkey, where we were working together. At the company we worked for, we were paid in cash and not given any documentation of work. Because I have been out of the country for several years, I need to file back taxes. However, I'm wondering what to do about my job in Turkey--I have no document of my income there, so I thought it best to leave it out when I file my taxes. However, looking at the G-325a, I see that both myself and my wife will need to declare past addresses, places of employment, etc. Obviously I can't hide the fact that I lived in Turkey, so my question is whether not decaring my job in Turkey on my taxes would create any conflict to the application process.

I realize question 2 is a bit speculative, but any opinions are appreciated. Thanks a bunch!!


1/In regards to the affidavit of support - I-864 - you will have to sign one, even if you have no income, as the main sponsor and your mother's fiance can sign another one as co-sponsor, so long as he lives in the US full time and his income qualifies vis a vis the household size.

2/That is really your call. IMHO amend your taxes and include the income you received while in Turkey would be the best solution because you would not be hiding anything and consequently would have nothing to fear.

Good luck whatever your decision!
JohnR!MaleMonaco2012-08-31 11:01:00
IR-1 / CR-1 Spouse Visa Process & Proceduresincome evidence I-864
In order to qualify, your MIL would have to present the tax transcripts - obtained from the IRS - for the last three years and also proof of her current income.

She can either backfile her taxes and once that is done obtain the transcripts or you may need to look for another co-sponsor.

You can find out more about the I-864 here: http://www.uscis.gov/i-864

Good luck!

Edited by Gegel, 28 August 2012 - 02:19 PM.

JohnR!MaleMonaco2012-08-28 14:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTRAVEL TO THE USA WHILE FILING i-130

My husband and I are dealing with the same issue.......should I travel to the US during the visa process or not?

And you cannot get an absolute answer because it ALL depends on the POE officer you encounter on the day of travel.
Pointless calling anyone in my opinion,some folk say yes travel,others say don't.

Again we're at the mercy of the POE officer,seems a lottery.....you can take the chance with the very real threat that you'll be sent home.
I think we're going to at least try.Good luck guys.


It is true it all depends on the CBP officer but you can be truthful and give them a generic answer or if such an answer would result in misrepresentation you can always be straightforward. There are stories of success and failures in both cases. In all cases, you can always disclose to the officer that you would not wish to jeopardize your process by attempting to circumvent the necessary steps, and even let them know you know it would be fraud to misrepresent yourself to an immigration office. You can even offer to sign a document to that effect if they deemit necessary. If you're sent to secondary and things are not looking well, you really have nothing to lose at that point.

<div><br></div><div>Good luck!!!!!</div>

Edited by Gegel, 28 August 2012 - 10:03 AM.

JohnR!MaleMonaco2012-08-28 10:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTRAVEL TO THE USA WHILE FILING i-130

Hi,

I was wondering if my wife (the petioner) sends the i-130. Can I travel to the USA in the mean time to attend a friends wedding?

Thank you


Yes, you can travel to the US while your application is being processed. It will be up to the CBP officer to allow you, so be truthful yet generic in your answers as to the reasons you're coming to the US lest if conveys the notion you are trying to get in the country to stay.
JohnR!MaleMonaco2012-08-22 14:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAfter CR-1 approved, time-limit to come back to US?

If me and my wife, presumably married in Brasil, have her visa approved do we have a time-limit in which time we have to come back to the US and establish residency?

Reason I ask is she has some work right now, that might delay her coming to the US right away. Should we marry, and wait on the visa then?


One way you can delay the process is by rescheduling the interview at the consulate in Rio, once it is scheduled.
JohnR!MaleMonaco2012-09-06 11:57:00