ForumTitleContentMemberSexCountryDate/Time
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
IR-1 / CR-1 Spouse Visa Process & ProceduresWhich Name do I use to schedule the INTERVIEW???

Hi Guys!

I hope that I didn't overlook a similar post, but I've been reading posts all day to make sure we do this right.

I ran into a little snag when trying to call the local (philippines) number to schedule our interview.


The person at the call center insisted that my wife uses the name that appears on the passport, but all of our other documents/applications used my wife's new married name. All applications used the married name, but when calling the scheduling center, they said it should be the name that appears on the passport.

Is this correct? Someone please do advise.


Yes, that is correct. The passport is a legal document and the name it contains is the name under which the visa will be issued.
JohnR!MaleMonaco2012-09-10 11:05:00
IR-1 / CR-1 Spouse Visa Process & Proceduresquick question on the I-864, also Electronic processing.

Hey guys!

I just sent in my I-130 package and it should be arriving at the USCIS today! very nervous!
Anyway, I am not wanting to get everything ready to go for the I-864. I noticed on the USCIS website, it says that it should be filled out in capital letters. I looked at an example form here on VJ, and it wasn't in capitals. Just wanted to know if it mattered if it was in capitals or not?


I can answer 1/2 of your question... LOL.

Yes, use capital letters as instructed by the USCIS and fill it out electronically for clarity.

Here is the link to the document and its instructions: http://www.uscis.gov...0004718190aRCRD

Good luck!
JohnR!MaleMonaco2012-09-17 10:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNewbie Question - multiple jobs for g325a?

Hi everyone!

I'm new here and just starting my visa journey.

Quick question - I have held multiple part time jobs simultaneously in several years. Is it necessary to list every single job, or just the main ones to account for 5 years of employment history?

Advice is appreciated!

Thanks.


My suggestion is that the jobs in your list match those in your tax records. Be as thorough as possible.

Edited by Gegel, 18 September 2012 - 09:28 AM.

JohnR!MaleMonaco2012-09-18 09:27:00
IR-1 / CR-1 Spouse Visa Process & Proceduresentering the USA with tourist and CR1 visa

So If I come back to Brazil in January my GC will come to the Adress I said I would be living in the USA (When I came for Christmas)... in my case my in-laws home?


Your GC will be sent to your in-laws'..

One other option is that if you get your CR interview scheduled for 2012, you can always call the consulate in Rio and reschedule it for a date in 2013 so that your visa will be issued after the planned Xmas trip. However, if your only concern is finishing up at school, there is no reason for you not to use the CR-1 to enter the US in December. On the upside, by the time you return in May, your green card should be waiting for you already.
JohnR!MaleMonaco2012-09-19 10:55:00
IR-1 / CR-1 Spouse Visa Process & Proceduresentering the USA with tourist and CR1 visa

Thank you, good to know.
And could I go to the USA just for Christmas 2012 with the CR1 visa, then return to Brazil and finally move definitively on May 2013?


Yes... With the 'new' I-551 visa, you can leave the US as soon as your visa is endorsed, which is done at the POE upon arrival. Your endorsed I-551 is valid for 1 year. You should receive your green card in 4-6 weeks after you arrive in the US.
JohnR!MaleMonaco2012-09-19 10:42:00
IR-1 / CR-1 Spouse Visa Process & Proceduresentering the USA with tourist and CR1 visa

I a applying for a CR1 visa which should come around November 2012. My wife (American citizenship) and I were planning to move to the USA only in May 2013, however we would like to visit her family in Ohio for Christmas (2012) before.
I would like to know whether (having both Visas in my passport – CR1 and Tourist) I can visit the USA with a tourist visa (on Christmas) before moving definitively with an CR1 visa.


Your B1/B2 will be cancelled as your CR1 is approved. However, with the endorsed I-551 on your passport you will be able to travel and reenter the US without any problems.

Do you have a specific reason not to want to endorse your visa before May/13?
JohnR!MaleMonaco2012-09-19 10:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSuspicious of advice from immigration attorney

That was my feeling - though it's probably decently common, it is still fraud, and therefore punishable. Being caught in such an act risks losing the opportunity to bring my fiancée to the States, doesn't it?


It is all very subtle, with very real consequences, however.

According to immigration law, it is a considered fraud to misrepresent oneself to an immigration officer. Under this premise, if your fiancee is coming to the US to marry you and adjust her status, she would be misrepresenting herself if she answered the standard 'visiting friends' or 'shopping' and if she answered truthfully she would not be allowed into the country. The penalty is a lifetime ban from entering the US.
JohnR!MaleMonaco2012-09-25 12:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSuspicious of advice from immigration attorney

Hello all,

I've been communicating with several immigration attorneys today to discuss various topics relating to bringing my fiancée into the U.S.

One in particular with whom I spoke raised a topic that made me rather uneasy - he advised me that, if the other available immigration options would take too long for my liking, that my fiancée could still come into the U.S. on a visitor's visa when we weren't planning to wed, get married, and then file together for a green card here in the U.S.

Right now, we intend to marry in Germany, where she currently lives. No matter where, though, our intent to marry is very plain to see; we've told everyone. I told the attorney that, to my mind, pursuing the course of action he suggested would be fraud - something I would never commit because of the high risks.

Am I right, and was he suggesting something with criminal penalties?


What your lawyer was suggesting is fraud, however it is one which is hard to prove for it all hinges on intention. Entering the US on a tourist/business visa or VWP with the intent of marrying and staying in the country is considered fraud. However many do and get away with it, which is no different than stealing without being caught.

Edited by Gegel, 25 September 2012 - 12:06 PM.

JohnR!MaleMonaco2012-09-25 12:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat does VISA TYPE : CA mean ?

Point taken and good observation, i called and they tell me it means " Cita Abierta " wich makes no sense since i dont have an open interview date. But whatever, thanks for taking the time to answer.


Gracias for the update!!
JohnR!MaleMonaco2012-09-26 14:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat does VISA TYPE : CA mean ?

I just received the medical results at " Consultorio de visas" this is where they perform the medical examination for people that applied for immigrant visas in Dominican Republic.

Outside the sealed manila folder there are some biographic information that includes the following statement in Spanish :

TIPO DE VISA: CA ( " Visa type: Ca " would be the English equivalent )

My question is; what does CA mean ? my wife is under category IR-1, Since i am a U.S. citizen and we have been married for over 4 years now. So what does CA abbreviate for ?

Please Help, has anyone in the Dominican republic had this on their medical results ? anyone knows what it means ?


Suggestion: Consider calling the clinic where you obtained the test results and asking them what it means.

For all we care, CA may mean 'Consulado Americano', indicating that the documents inside the envelope must follow a certain format and structure, required by the US Consulate. It is possible that this clinic serves other consulates, so they use their own internal code so they know how to put together the whole enchilada.

Edited by Gegel, 26 September 2012 - 01:53 PM.

JohnR!MaleMonaco2012-09-26 13:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs it really needed to bring Federal Income tax return on d interview? Will they look for it?

Yes, it is wise to bring all the supporting documents to the interview. In this case the sponsor's income and tax return information should accompany the I-864.


x 5... ! :thumbs: :thumbs: :thumbs:
JohnR!MaleMonaco2012-09-24 10:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion About Temporary I-551

Yeah I'm talking about the visa affixed on the passport.


The visa she has on her passport will be endorsed upon her arrival in the US. That will be proof of residence in the US and she can go about her business - working etc - as soon as she gets a SSN. That is valid for 1 year from the date it is endorsed.

The actual green card, will be mailed to her address in the US and she should receive it in about 4-6 weeks. That green card will be valid for two years, at the end of which she needs to apply for Removal of Conditions, when she will then receive her permanent green card, aka 10-year green card becuase they need to be renewed every 10 years.
JohnR!MaleMonaco2012-09-18 12:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNaturalization Certificate

Thanks for the response. Do you have a link where it says that officially? My parents are in possession of the certificate and refuse to make a copy of it since it says that. Have to convince them - its fine.

Thanks!



It is printed on the very certificate:

"It is punishable by US Law to copy, print or photograph this certificate, without lawful authority." You are being asked by the USCIS to make a copy of the document and that counts as lawful authority.

If they do not wish to make the copy themselves, send in a copy of your US passport in its stead.

Good luck!
JohnR!MaleMonaco2012-09-26 11:37:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNaturalization Certificate

I am in the process of completing the packet for the IR1/CR1 process. One of the requirements is to provide a copy of my naturalization certificate. Unfortunately it says on the certificate that it is punishable by law to make a copy of this certificate.

Any ideas on what to do about this??


You can make a copy of the certificate, no problem. The warning has not applied for over a decade now.
JohnR!MaleMonaco2012-09-26 11:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 confusion

Hello, I am very confused on I-130 and I just want to make a double sure if I understood right.

I am an American and my husband is a Dutch. We have looked at the form example for I-130 and it is mind blogging for us!

For Section B- that is for me, the petitioner. I am able to fill out on that section just fine. Now, on section C, for my husband. The confusion starts at number 17 in section C. Am I supposed to write myself, the petitioner, on that list of "List husband/wife and all children of your relative."? USCIS said my husband, the beneficiary, but the example form from here we looked at and its for the beneficiary. My husband did not feel right with USCIS's answer and he wants us to make sure by ask you all (who have experience with filling this form) to be more clearly for us.

WHO is exactly supposed to be listed in that list?

Thank you in advance! :)


The I-130 is used for other type of family related visas such as brothers, children or parents, hence the question about spouses. In your case, your husband is the beneficiary so you would enter your name & information under 17 for you are the beneficiary's spouse.

I think the correct reply for 17 in the case of petitions made by spouses should be 'Duh!!!' but the USCIS may take exception at such frankness...

Edited by Gegel, 25 September 2012 - 02:26 PM.

JohnR!MaleMonaco2012-09-25 14:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhen you are approved a CR-1 visa, how long before you can enter the US?

My topic says it all :)

When my husband gets his CR-1 visa approved in Ankara, Turkey (embassy changed from my timeline), how long before he can enter the United States?

Is there an expiration date as to when he should be in the US from when he gets the CR-1 visa??


Thanks everyone for your help!!!


Once he gets his paperwork from the consulate, he can get on the first plane to the US. He will most likely be given six months within which to enter the US.

Good luck!
JohnR!MaleMonaco2012-10-02 12:28:00
IR-1 / CR-1 Spouse Visa Process & Proceduresfiliing taxes

I have all of my taxes done and am Filling a joint tax return with my Chinese wife... She is still in china at the moment and I am filing a w7 for her... my accountant told me to mail everything together, but he was unsure of where it should go... I do not know either after looking many times online... Do I mail it to the main address or to a separate address? Any info that someone has would be great... Thank you for the help..


You should file the W-7 at the address shown at the bottom of page three of the form.

Here is the link: http://www.irs.gov/pub/irs-pdf/iw7.pdf
JohnR!MaleMonaco2012-10-01 12:14:00
IR-1 / CR-1 Spouse Visa Process & Proceduresi-864 - #25 please help

Hello everyone,

I have a question, which may be totally stupid, but it is about #25 - federal income taxes

I have NOT filed my 2009 taxes because I was not legally required to due to income that was below the filing threshold. I know that I will need to attach a letter stating this in my i-864 but my question is, do i CHECK the box on question 25 since I haven't filed the past 3 years? I don't want to get an RFE for not having checked a little box, but cannot truly check it and it be true.

We will have a joint sponsor who has more than enough to support the beneficiary, so I am not worried about any other part of the i-864, except this one question that is driving me crazy. Anyone who has turned in the i-864 with a note stating that they weren't required to file, please let me know if you checked the box or not.

Thank you in advance,
Amanda



You need not check the box, because you did not file your taxes. You will need to attach a written explanation indicating that you have not filed your taxes because your income was too low.

'If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation.' source: http://www.uscis.gov.../i-864instr.pdf

Good luck!

Edited by Gegel, 25 May 2012 - 01:02 PM.

JohnR!MaleMonaco2012-05-25 12:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarrying in U.S. on B-2

My Fiance is here on a 6 month Visitor Visa..Can we Marry now in the U.S.? IF so, after we file for the CR-1 here, can she still remain here for the remainder of time on her B-2 (return date is Feb 3rd) before returning to Mexico? Thanks all for you help...:unsure:


Yes, on all accounts... She can marry you on a B2 visa and stay in the US until the date specified in her I-94. You can file for her CR-1 as soon as you get married.

Congrats!

Edited by Gegel, 05 October 2012 - 12:50 PM.

JohnR!MaleMonaco2012-10-05 12:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWill Spouse visa get denied for Herpes PLEASE HELP

Does anyone know the best answers to the following. PLEASE HELP! My wife will soon be getting her Visa interview appointment date to be able to come to the USA. She has genital herpes and I need to know the best answer to these questions

1.) On the Medical exam questionnaire it asks if you have any STD's. If she marks NO and is not having any flareups or visible sores during the medical exam, will they still find it through the blood test and deny her Visa because she marked NO. If they do find it can she claim she didn't even know she had it as it is a fact that 50% of people with Herpes don't even know they have it.

2.) If she marks YES to the STD question and states she has genital herpes will she fail the medical exam and/or be denied the visa? We are both suffering tremendous stress about this after enduring 9 months of waiting to get through the process, her appointment date will be given any day now and it will destroy our lives if she does not get approved. We have been married for 2.5 years now.

If anyone reads this post and has an accurate answer, I beg of you to please take a moment and reply. Thank you.



Suppose she marks 'NO', her herpes get detected in her blood test, and she gets denied.

It is always best to tell the truth. Chances are that she is on medication to control breakouts and all she needs to do it disclose that to the examining physician.

Check out this link from the CDC: http://www.cdc.gov/i...ation-faqs.html

What are the communicable diseases of public health significance that would cause an applicant to fail a medical examination or be inadmissible? Communicable diseases of public health significance include—

  • Tuberculosis
  • Syphilis
  • Chancroid
  • Gonorrhea
  • Granuloma Inguinale
  • Lymphogranuloma Venereum
  • Hansen's Disease (Leprosy)
And the following two disease categories--
  • Quarantinable diseases designated by any Presidential Executive Order. Current diseases include: cholera, diphtheria, infectious tuberculosis, plague, smallpox, yellow fever, viral hemorrhagic fevers, severe acute respiratory syndrome (SARS), and influenza caused by novel or re-emergent influenza (pandemic flu).
  • Events that are reportable as a public health emergency of international concern (PHEIC) to the World Health Organization (WHO) under the International Health Regulations (IHR) of 2005 (currently polio, smallpox, SARS, influenza, and other public health emergencies of international concern.)

Good luck.
JohnR!MaleMonaco2012-07-06 08:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSSN and Green Card

Hello Everyone,

When is likely for CR1 to get Social Security Number and Green Card upon arrival to the US?



Your greencard will be mailed to you in approximately 4-6 weeks, but in the meantime, he endorsed visa on your passport is as good as the actual card.

In theory you should have your SS card mailed to you in 4-6 weeks as well but that is not always the case. I would suggest you pay a visit to your local SSA office on your third week in the US just to make sure...

Good luck!
JohnR!MaleMonaco2012-10-08 11:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow is it fair that some countries get DCF and others do not?

With the recent news that many of us filing abroad are no longer getting expedited as quickly or at all, I've been feeling a little cheated that there is a way to DCF one country over. Why exactly are some countries allowed to DCF and others of us are stuck in the general queue?


It has little to do with fairness. It depends on resources, strategy and planning by the USCIS, which is to say there is no apparent rhyme or reason.

Just sit tight and wait for your process to move like everyone else. No, it doesn't sweeten the pot but there is really nothing you can do.
JohnR!MaleMonaco2012-11-14 12:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPrevious topic

Right I understand that, what if she doesn't mention it? She will go back.do they keep a record of the answers at POE? that will come back and affect us later on?


She can however, enter the US on a tourist visa, get married and return home before her I-94 expires. You can file for CR-1 immediately after your wedding.
JohnR!MaleMonaco2012-11-16 14:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUK to US...visa trouble!

Hi there,

I'm from the U.K, got married to my fiance (he a US citizen) a couple of months ago here in Texas on a VISITORS VISA (a mistake!) Because if i go home to London now I won't be able to return for up to 6 months to a year, so I'm overstaying my 3 month visa and in the process of sending off the I-130 petition form..... because we were told as long as that is pending I can legally stay here.
My only worry now is I have to go home at some point in the next few months briefly to attend to some things, What visa can I apply for now to stay longer but still be able to get parole to go back and forth? K3? or any other non immigrant visa?

I appreciate anyone's advice! thanks :star:



Some of the statements you make are not correct. If you are married and planning to live in the US your wife can file form I-130 to petition a resident visa for you. As stated in another post, filing the I-130 gives you no privilege in the US, in terms of residence just yet.

You can return to GB and if you do so provided you do not overstay the maximum allowed of 90 days per visit, you can return to the US while your case is being processed. Many here have come and visited with their spouses during the process and were allowed in the country unhindered.

You can also apply for AOS here and file for AP at the same time, in which case you should be able to leave the US and return once those two petitions are approved, which should take approximately 3-6 months.

Good luck!
JohnR!MaleMonaco2012-11-20 15:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresJust passed the two week mark

Thanks for the uplifting words Gegel. Your input never fails to calm my nerves. I can assure you that I am certainly not on any 10 most wanted lists. I do have an unpaid parking ticket. :lol:

Any idea what the hold-up at the embassy could possibly be? Or better yet, what the cryptic messages they send me could mean?


The cryptic messages are just badly worded. They try so hard so sound generic and positive yet non committal that one really doesnt know what to think.

The reason they are so generic is there isn't a specific message for each case - you're OK/you should be OK/you're most likely not OK - so they created this 'one size fits all' that really serves no one, for the chosen wording leaves room for interpretation.

Mind you too, that as the holiday season approaches, chances are many are stateside on vacation so the consulate may be working with reduced staff.

The only thing you can do it be patient - which in your shoes is not exactly a short order, is it?
JohnR!MaleMonaco2012-11-21 11:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresJust passed the two week mark

I was a little concerned about this too. However, I did call DOS today, and they said "Your visa is approved and issued. You have nothing to worry about, everything is ok. When it's ready, they will mail it to you."

If an applicant is put in AP, and they 'find something' then yes, certainly they can refuse to issue the visa. In general, no one is safe until the visa is received, POE cleared, and ROC done. Actually, in immigration terms, something can go wrong all the way up until your oath ceremony.

I did read one member on this forum who went for a student visa interview, was approved, and received his passport back in the mail a week after with a denial letter. Strange things happen in immigration. Although most 'problems' are often not as big as they may seem, the effects of a 'problem' can be extremely detrimental and even life altering to the applicants and their families. That's why it's so nerve wrecking when not everything goes according to status quo.



Hi Jay Jay!!

Rarely on a CR/IR you would get a denial after the fact, because at this point the only reason for them to reconsider your approval is something short of you being in the 10-most wanted list. All the same, the wait is never fun.... Hang in there buddy!!!

On another subject... so you will miss this Thanksgiving dinner with the in-laws but Thanksgiving is more than just a one-day holiday. There are no rules or laws that would consider you a criminal if you were to prepare a full Thanksgiving meal once you're stateside. In fact, I think it would bode rather well if you had a holiday on a regular day and surprised your in-laws for a holiday dinner on a otherwise mundane day. So, make Thanksgiving wait for you, instead of you missing it altogether.

Hang in there and be patient. The wait is almost over.

Happy Thanksgiving to you and family!!! :thumbs:
JohnR!MaleMonaco2012-11-21 10:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresThis wait is excruciating, possible ways to avoid it?

Thank you for this great forum,the moderators and users deserve credit for contributing and helping each other.Great job!

So I have been thinking about some ways to meet up with my love without having to wait this long. First thought was to visit my wife in India, 2 weeks vacation,3 day travel time, 1 day to adjust jetlag and 10 days to enjoy with my wife which am sure I will yearn for more when I come back. Although a viable option,I have been pondering about another alternative option, meet her in DUBAI!

Looked up some info on visitor visa(Dubai),US citizens doesn't need one if stay < 30days and she can obtain one within 1-5 days. Travel time for me 9-12 hours and for her 5 hrs. Enjoy my 2 weeks with her and head back home and start planning our next visit :)

Here's my question, will getting a visa from another country(especially in middle-east)with US visa paperwork in progress become an issue later? My dad suggested to forget the trip to avoid stalling her application. Has anyone else obtained another nation's visa while US visa was pending?? Any inputs will be highly appreciated.

Thanks
RR



Traveling while the CR/IR visa is pending will not hinder the process in any way, so long as you are traveling to a country with which the US maintains diplomatic relations.

Dubai is a great place to meet and spend some time together. In Dubai, East meets West in many ways and it should be a memorable trip.

Good luck!
JohnR!MaleMonaco2012-12-10 10:21:00
IR-1 / CR-1 Spouse Visa Process & Proceduresafter ds3032

I already used to be my own agent; is it ok to change the choice of agent from applicant to petitionner or no: and how

tnx


You can remain your own agent and the petitioner can pay the fee online.

Edited by Gegel, 13 December 2012 - 10:12 AM.

JohnR!MaleMonaco2012-12-13 10:11:00
IR-1 / CR-1 Spouse Visa Process & Proceduresafter ds3032

Hi evryone;

Am new in this field; i just filled DS3032 and got response from nvc to pay amount of 230 US dollars. the probleme : I cant pay online also too I cant pay by money order: in my country we not allowed to send money abroad. please help

thank you


Not to worry. Have the petitioner in the US make the payment for you.
JohnR!MaleMonaco2012-12-13 10:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPregnant and in the process...

Hello VJ Gurus!

Here is our situation: my wife (Belgian) and I (US Citizen) just got NOA2 for our I-130, it's on its way to NVC and all that (yay!).

The wrinkle is that my wife is pregnant (yay! yay!), and for a variety of reasons we're hoping that she can come over to the US and have the baby here. I have 2 questions for y'all:

1 - Could her being pregnant be grounds for expediting the process?

2 - It seems that here in the states you need a Social Security Number to get health insurance - how long does it take from when she arrives in the US to when she will get her SSN? If this gap is a long time, then I think we might just stay in Europe rather than rush over to the US and be left pregnant and without health insurance...

Thoughts? Thank you all!


First of call - Congratulations!

Pregnancy is not a reason to expedite the visa process. Besides, SSN notwithstanding, she would not be covered for the delivery of this baby for it is a preexisting condition. Once she gets stateside she can get her a SSN and you can include her as a dependent in your policy, but certain restrictions will apply to her. It all translates into saying that even if she could get here in a month's time, she would still not be covered for the delivery.
JohnR!MaleMonaco2012-12-18 13:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresShe's finally in the States... Now what?

Hi VJ,

So after two long years my wife has finally stepped foot into America on IR-1 visa. She's been here for four day now and is eager to get started on her new life. My question is what's the next step in the process? I know that she will receive her green card in the mail relativity soon as per a paper she receive after an officer processed her packet at the LAX airport. After we have the green card number are we supposed to apply for work authorization? Does she need to apply for a social security card as well? I also heard on the grape vine that there's a $600.00 fee down the road to change her status. At what point does this need to be done if at all? Any input on the next phase of the process after arrival in the states would be greatly appreciated.

Thanks VJ!

-RicknAnnie



Rick, if your wife came on with a IR-1 visa, the only thing she needs now is to get get SSN and that should do it. Her greencard will be mailed to your address directly and she should receive it in 6-8 weeks. Although there is an option to request a SSN automatically upon arrival to the US, that sometimes does not work and if she does not receive a SSN within 2-3 weeks, take her to the SS Admin office and apply for one in person.

She does not need any special work authorization. Her endorsed I-551 on her passport (which looks like a visa) is her authorization to work.

The next big step with immigration will be applying for citizenship if and when she decides to go for it.

Good luck and congrats to both of you!
JohnR!MaleMonaco2013-01-08 14:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAfter cr1 visa holder arrives to USA....

can anyone help me please..i arrived in the states with cr1 visa. Dec.2012 i already have my SSN..but can someone tell me when they send my Green card?


It should be another week or two until you receive your greencard in the mail. However, the endorsed I-551 on your passport is as good as the greencard itself, so you can go about your business and do everything you would with a gc in hand.
JohnR!MaleMonaco2013-01-09 15:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFamily Relocation Back to US and Spousal Visa
X 2 with pushbrk and speedwell...
JohnR!MaleMonaco2013-01-11 11:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFamily Relocation Back to US and Spousal Visa

Dear Experts,

First off, hope everyone had a wonderful new year 2013 stateside, was cold and kind of boring out here in Europe... But heck, at least we have Apple TV to comfort us :-)

Any way, need some much needed advice with our slightly complex situation. Hoping you can help before we proceed with an immigration attorney to get all our papers complete...

I am a US citizen, wife is UK, we married in UK, living and working in Europe since then (about 4 years now)... This year we are planning to move to the US, I have a job lined up, and naturally my wife will join me.

Questions:

1. I know there is a non-visa waiver of 90 days for her, does that mean she can come for those 90 days and during those 90 we apply for the IR1/CR1 visa so she is not obligated to leave the US?
2. How will this affect my tax filings from before our move to after - do I need to file jointly? She would not be working, only myself.
3. Is there any alternative/simpler way for her to stay in the US without having to get IR1/CR1?
4. Does the visa require her to get a SSN and file taxes? Ideally, we just need a visa for her stay in the US indefinitely - she does not require a job, social services etc.

Thank you!


Gambit,

Happy new year to you too!

1/The VWP is not meant as a means to enter the US with the intention to immigrate or adjust status. Entering the US as a visitor with the intent to stay is considered immigration fraud. Since you are both resident in the UK, you can use the DCF services in London, which allow you to apply for her residence (IR if you are married for more than 2 years). Check this link to the London Embassy services: http://london.usemba...scis/index.html

2/You can file jointly provided your wife has a SSN or a ITIN. She will be asigned a SSN once she is admitted in the US as a permanent resident (green card holder), or if you do have immediate tax benefits derived from filing jointly, she can apply for a ITIN at the SSA office.

3/If she is planning to reside in the US the IR route is the better one to choose. Under the VWP she can only stay in the US for 90 days and if she uses it for multiple entries spaced closely to each other she may end up being refused entry upon arrival at some point.

4/Yes, once she becomes a US resident she will be required to file taxes as a condition to maintain her resident status, even if she were to derive income from foreign surces - i.e. property rental, pensions or investments in GB. That she must file taxes does not mean she has to work or even have any income. If she is panning to work at home - i.e. be a mother - chances are she will represent a tax break in your taxes, if you file as 'married filing jointly'. However, that is only speculation and although true is most cases, only your specific tax situation will determine that.

I hope this helps!
JohnR!MaleMonaco2013-01-11 10:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling 1040 Tax as Single (although married) bc spouse is out of country (for 4 years)

Hi! Thanks for your reply!

So, I'd have to amend 2009, 2010, and 2011 tax returns. Would I have to have done a US tax return for my husband??...

And, would I now have to amend something for FAFSA regarding my stafford loans?... Along that note, I wonder if his visa can be approved seeing that I'm a student (but he has assets in the UK which I guess could be "liquidized" if need be).

Thanks again~


Correct... Amend the last three tax returns just so you are on the safe side. If your husband has a SSN or ITIN then you might want to include him in your taxes, but bear in mind you would need to declare his income in his homecountry as well, which might not be to your advantage, so I would appear, from a distance, that you would still be better off changing your filing status to 'married filing separately'. Only a tax expert can tell you for sure, based on your actual figures.

I am not sure if you would need to change anything with your student loans though.

If you do not have job and steady income, you may need to be asked to provide a co-sponsor and in addition/lieu your husband might be able to throw in his weight depending on the type of assets he has in GB.
JohnR!MaleMonaco2013-01-14 15:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling 1040 Tax as Single (although married) bc spouse is out of country (for 4 years)

Basically, if anyone can shed some light as to what I should do, I'd greatly appreciate it. I know there were questions like this but we are just NOW applying for an immigrant visa... so I'm wondering if the situation is different.

I got married in 2008 out of the country. We lived together for a year, but my husband and I have been doing long distance since around 2010. I started medical school in the states (I'm US citizen); he continued working in the UK (British citizen). After having a baby now (I'm currently in the UK), we obviously all have to live together and I've been collecting documents for his immigrant visa.

While filing my 1040 tax returns, I had thought that because we didn't get married in the US that our marriage wasn't "justified" in the US. So, I've been claiming my tax returns as single... Now, I'm just wondering if I did the wrong thing because I have to include my latest 1040 as a document for his visa interview and think this could pose as a red flag for the visa interviewer...

Any thoughts? Do I need to amend all of my previous forms? I am definitely not so savvy in finances/taxes...

Thank you for reading~


The safest way to go is to amend your past taxes and change filing status from 'single' to 'married filing separately'. Unfortunately you did the wrong thing because were your marriage not justified in the US, the USCIS would not have accepted it as the basis for your petition for your husband's visa to immigrate to the US. However on a positive note, it can be fixed by amending past tax returns and changing your filing status.

Good luck!
JohnR!MaleMonaco2013-01-11 14:52:00
IR-1 / CR-1 Spouse Visa Process & Proceduresone way ticket after visa approved?

Hello,

My wife is the beneficiary and I am the US citizen. She will be coming here on IR1/CR1 visa. After the interview, once the visa is approved, can she buy a one way ticket and come here, or does she has to buy a return ticket? Someone told me, that unless you have a greencard or are an US citizen, you have to buy a return ticket?

Please guide.

Thanks!


Correct. If she is coming on a IR/CR visa she can buy a one-way ticket to the US, unless a RT ticket is cheaper that a OW in which case she can buy a RT and not use the return portion!

Good luck!
JohnR!MaleMonaco2013-01-17 11:38:00
IR-1 / CR-1 Spouse Visa Process & Proceduresincoming question for cr-1

Hi, I'm currently a student which works part time (barely got a part time job a week ago). I'm concerned about the required income to bring my wife over. Would it be possible to have my parents (both) also be the co-sponsors since just 1 single income from them individually will not be good enough? Since I barely had gotten the job (I haven't worked before so there is no record of my tax history), would I be able to show them my income and use my name #### the sponsor also? Please help me with this! Thanks :)


If you don't make the minimum required by the USCIS you will need to have a co-sponsor. Your parents can sign as co-sponsors if they so desire.

Good luck!
JohnR!MaleMonaco2013-01-15 11:18:00
Removing Conditions on Residency General DiscussionTravel Question

You can travel as long as you enter the US back while your gc is still valid.  Bon voyage!


JohnR!MaleMonaco2014-04-28 10:25:00