ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresB1/B2 Visa to IR1 or CR1
Have a look at DCF Australia, out of touch but it used to be it was a very easy and quick route.

When she came back in December was it just to visit? That is the issue. I am assuming that as it is now March the answer is yes.

She needs all the documentation etc so if she needs to leave within the next say 4 months she will need to go through Australia - DCF/K1/K3 as appropriate.
BoilerMaleWales2007-03-23 15:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFinding out about prior Immigrations Violations
You have to declare all your prioir visits to the USA, so they will know because you have told them.
BoilerMaleWales2007-06-11 18:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisitors Visa

As far as I know, getting a visitor visa while you're in the process of getting a immigrant visa is impossible.


Not impossible

Probably difficult
BoilerMaleWales2007-06-12 11:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisitors Visa
I visited several times, my wife visited me several times.

Many do, whether your spouse can visit you is impossible to tell, you need to povide more info.

I am guessing that you can visit, I have seen one case where neither could visit the other country, but they had the option of meeting in a third country.
BoilerMaleWales2007-06-11 18:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI2US website is extremely slow for me!

It just takes a long time to load the posts, etc. :blink: :blink: :blink: :blink: :blink:


They moved to a new host, been a pain ever since.
BoilerMaleWales2007-03-27 12:46:00
IR-1 / CR-1 Spouse Visa Process & Procedures6 months after our denial...
I only asked as it seemed a surprise.

The ones I have seen mentioned in the past are impersonating a USC in limited circumstances, which seems unlikely, or Felonies/Major Drug crimes. But the latter would hardly be a surprise.

What anyone posts, or not, is up to them.

I would second Laura, heard nothing but positives.
BoilerMaleWales2007-06-23 01:02:00
IR-1 / CR-1 Spouse Visa Process & Procedures6 months after our denial...
A life time ban?

Just wondered why, could not see the reason mentioned in your posts.
BoilerMaleWales2007-06-22 11:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresBRINGING SON WITH MOTHER

I am processing now an I-130 and I have a question on if and how to bring her son's. I know when the ds-230 is filled it asks if there will be someone to come with her. One son is 25 and the other is 18 and he turned 18 before we married. I was wondering what is involved in now bringing the 18 not 19 year old over here as well. Will his mother have to fill an I-130 for him and can she do this before receiving her immigration visa and or green card. Any help with this matter would be greatly appreciated.
Chase


Your wife can file for the 25 year old son after she is a permanent resident (after US entry on an immigrant visa or having adjusted status on a non-immigrant visa) but it will take several years. The 18 year old is in the same boat but there is a way to get him here with her. You would file I-129F using the "for a spouse" instructions. When the wife is awarded a K3 visa the younger son can have a K4 visa. There are some additional complications after arrival you'll want to study up on or review with an attorney but at least he can come. If you don't go the K3 route both sons are in the same boat.


I have already applied for the immigration visa for their mother. It I hope will be approved before to long. Her youngest son will turn 19 next month. I was trying to see if there was any way to allow him to come when she is approved. Or what will be involved later in bringing them over here. I thank you for your quick reply to the first message. I am trying to learn all possible ways to bring them here. I thought maybe for the youngest since he is in college to see if could get a transfer that way. The oldest I know will have to be done differently. Thanks again for your help.
Chase.


Both could try for Student Visa's.

The problem with the K4 route is aging out, he wold need to adjust before 21, and it sounds like you are effectively at the start of that process.
BoilerMaleWales2007-07-27 11:08:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI need big help on filling out form I-864 (HELP NEEDED ASAP)

Well, my parents want to sponsor the lady that i'm going to bring here.

I'm going over there to marry her..


Rule number one of asking for help is to give people enough information so we do not need to be phsycic.

All the information you need is in the FAQ's.
BoilerMaleWales2007-08-01 10:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI need big help on filling out form I-864 (HELP NEEDED ASAP)

We're all U.S CITIZENS..


??????

Then whats this all about, I 864 is to sponsor somebody to come to the US. Which if you are a USC is a bit irrelevant.
BoilerMaleWales2007-07-31 17:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI need big help on filling out form I-864 (HELP NEEDED ASAP)
The I 864 Form is pretty straighforward, the instructons are on the form. You do not fill it out, your Parents (s) do.

What is your current status in the US.

What is the satus of your Parents.

Sounds like they have not fled for you yet, the I-864 is needed for the Interview. And that will be sometime down the road.
BoilerMaleWales2007-07-31 14:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisit Visa Appointment set!
Many people travel with a petition pending.

Your issue is Jordan.

And there is nothing you can do about that.

So the usual comments apply, take plenty of evidence of non immigrant intent for this trip. Proof of ties to Jordan, a letter of leave from Employer etc etc

Edited by Boiler, 06 December 2007 - 11:57 PM.

BoilerMaleWales2007-12-06 23:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCongressional Inquiry
The first sign of madness is to take too much notice of published processing dates.

Most people are only interested in how long THEIR case will take.

And asking a Congressman lacky to help out when it was Congress that have year after year scewed up the system to where it is, is rather amusing.
BoilerMaleWales2007-12-09 01:21:00
IR-1 / CR-1 Spouse Visa Process & Proceduresmy husband visa was denied
I am alos unclear as to what was said.

And could someone point me to the racist and discriminatory comment? Do not want to cause issues, but I could not see it.
BoilerMaleWales2009-05-21 10:30:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarried, then what? Can she stay if already here?
Home residency requirement relates to J not F

F is a non immigrant visa, if she uses it to enter the US with the intent to marry and adjust, not a good idea. Or as married to adjust even worse.
BoilerMaleWales2009-10-21 23:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisa was denied, what can i do?
Has your spouse looked at moving to Nigeria?
BoilerMaleWales2009-11-25 12:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Euro Income
Besdt to have a co-sponsor, some Consuls will not take capital.

BoilerMaleWales2009-12-03 20:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Euro Income
The same exchange rate you used when filing your US taxes.

Your Spanish income will continue in the US?

BoilerMaleWales2009-12-03 11:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresGreen Card Lost?
Have you considered moving to India?
BoilerMaleWales2010-01-24 10:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 question
Read above
BoilerMaleWales2010-02-20 08:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 question
That sounds sensible, you never know what may delay citizenship and you are in the system and can upgrade.
BoilerMaleWales2010-02-19 04:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresApply for two visas at the same time?

Trouble is you have to submit all the application at once which is mindblowingly hard for me. The US one is all split up and the first form is easy. I simply don't know what to do and there's stuff in the way of me getting either visa. I know they won;'t tsake my work seriously because my salaried job is way below poverty line and my qualifying income job is well... selling on eBay. Selling with 2K profit a month with salaried job added but i know it doesn't mean jack to them. Plus I won't have any tax returns that will show a year's work til April, because I haven't lived in the UK from 2004-2008. I heard that they want 2 years of tax returns.

I'm completely terrified of doing either. Doing both and getting a refusal on one might send me off the rails.


GBP24,000 a year plus your salaried job sounds excellent to me.

Tax time is not that far off.
BoilerMaleWales2010-02-22 16:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresApply for two visas at the same time?
UK one only takes a few weeks.
BoilerMaleWales2010-02-22 15:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMaintaining your Permenant Resident Status
Naturalise before you go
BoilerMaleWales2010-02-22 20:33:00
IR-1 / CR-1 Spouse Visa Process & Proceduresneed the right advice
A Visitor Visa?

You would apply for one. Your chances of getting one depend on your own individual circumstances.

Your chances probably decrease in the circumstances you mention.
BoilerMaleWales2010-02-23 09:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresLoop hole in i-864 ?
Stokes Interview means you are well outside a DIY situation and need a lawyer.

Sounds like you have many complicated issues.
BoilerMaleWales2010-04-12 09:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresLoop hole in i-864 ?
No
BoilerMaleWales2010-04-11 19:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan Permanent Reside file CR1 for wife?
From a practical point of view importing a wife is not cheap and in this case very lengthy. Sounds like he would be much better waiting until he is earning decent money and benefits.
BoilerMaleWales2010-06-02 10:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan Permanent Reside file CR1 for wife?

He lives in America alone and he cannot marry in America. He'd have to marry in Bangladesh. He would like to get married soon but his parents are telling him to not marry now. Wait till he gets his citizenship in 3/4 years. Then he can bring his wife within a year of marriage to America. As a PR, if marries now it will take him 3 years to bring his wife. I feel for him. He's lonely. Most girls who live in America are marriable, won't marry him. Though he's highly qualified, he works at a gas station. Sad that an engineer has to work at a gas station. He can't any job with his Bangladeshi engineering certificate. He has to certify in America.


Why does he have to stay in the US?

Sounds like he would be better going home?
BoilerMaleWales2010-06-01 16:08:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSerious Affidavit of Support questions! Help Please!
Independent Contractor (Self-Employed) or Employee?


It is critical that you, the business owner, correctly determine whether the individuals providing services are employees or independent contractors. Generally, you must withhold income taxes, withhold and pay Social Security and Medicare taxes, and pay unemployment tax on wages paid to an employee. You do not generally have to withhold or pay any taxes on payments to independent contractors. If you are an independent contractor and hire or subcontract work to others, you will want to review the information in this section to determine whether individuals you hire are independent contractors (subcontractors) or employees.

Before you can determine how to treat payments you make for services, you must first know the business relationship that exists between you and the person performing the services. The person performing the services may be -

An independent contractor
An employee (common-law employee)
A statutory employee
A statutory nonemployee
In determining whether the person providing service is an employee or an independent contractor, all information that provides evidence of the degree of control and independence must be considered.

Common Law Rules

Facts that provide evidence of the degree of control and independence fall into three categories:

Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?
Businesses must weigh all these factors when determining whether a worker is an employee or independent contractor. Some factors may indicate that the worker is an employee, while other factors indicate that the worker is an independent contractor. There is no “magic” or set number of factors that “makes” the worker an employee or an independent contractor, and no one factor stands alone in making this determination. Also, factors which are relevant in one situation may not be relevant in another.

The keys are to look at the entire relationship, consider the degree or extent of the right to direct and control, and finally, to document each of the factors used in coming up with the determination.

Form SS-8

If, after reviewing the three categories of evidence, it is still unclear whether a worker is an employee or an independent contractor, Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding (PDF) can be filed with the IRS. The form may be filed by either the business or the worker. The IRS will review the facts and circumstances and officially determine the worker’s status.

Be aware that it can take at least six months to get a determination, but a business that continually hires the same types of workers to perform particular services may want to consider filing the Form SS-8 (PDF).

Employment Tax Obligations

Once a determination is made (whether by the business or by the IRS), the next step is filing the appropriate forms and paying the associated taxes.

Forms and associated taxes for independent contractors
Forms and associated taxes for employees
Misclassification of Employees

Consequences of Treating an Employee as an Independent Contractor
If you classify an employee as an independent contractor and you have no reasonable basis for doing so, you may be held liable for employment taxes for that worker (the relief provisions, discussed below, will not apply). See Internal Revenue Code section 3509 for more information.

Relief Provisions
If you have a reasonable basis for not treating a worker as an employee, you may be relieved from having to pay employment taxes for that worker. To get this relief, you must file all required federal information returns on a basis consistent with your treatment of the worker. You (or your predecessor) must not have treated any worker holding a substantially similar position as an employee for any periods beginning after 1977. See Publication 1976, Section 530 Employment Tax Relief Requirements (PDF) for more information.

Misclassified Workers Can File Social Security Tax Form
Workers who believe they have been improperly classified as independent contractors by an employer can use Form 8919, Uncollected Social Security and Medicare Tax on Wages to figure and report the employee’s share of uncollected Social Security and Medicare taxes due on their compensation. See the full article Misclassified Workers to File New Social Security Tax Form for more information.

References/Related Topics

Proper Worker Classification (Audio)
Virtual Small Business Tax Workshop - Lesson 6
The Virtual Small Business Tax Workshop is composed of nine interactive lessons designed to help new small business owners learn their tax rights and responsibilities. See Lesson 6 for information on how to identify an employee versus an independent contractor.
IRS Internal Training: Employee/Independent Contractor (PDF)
This manual provides you with the tools to make correct determinations of worker classifications. It discusses facts that may indicate the existence of an independent contractor or an employer-employee relationship. This training manual is a guide and is not legally binding.
Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding (PDF)
Publication 15-A, The Employer's Supplemental Tax Guide (PDF) has detailed guidance including information for specific industries.
Publication 15-B, The Employer's Tax Guide to Fringe Benefits supplements Circular E (Pub. 15), Employer's Tax Guide, and Publication 15-A, Employer's Supplemental Tax Guide. It contains specialized and detailed information on the employment tax treatment of fringe benefits.
Businesses with Employees
Hiring Employees
Who Is Considered Self-Employed?
Know Who You're Hiring - Independent Contractor (Self-employed) vs. Employee
Note: This page contains one or more references to the Internal Revenue Code (IRC), Treasury Regulations, court cases, or other official tax guidance. References to these legal authorities are included for the convenience of those who would like to read the technical reference material. To access the applicable IRC sections, Treasury Regulations, or other official tax guidance, visit the Tax Code, Regulations, and Official Guidance page. To access any Tax Court case opinions issued after September 24, 1995, visit the Opinions Search page of the United States Tax Court.
BoilerMaleWales2010-06-03 15:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSerious Affidavit of Support questions! Help Please!
Why not just state the income on the W2's?
BoilerMaleWales2010-06-02 19:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresConcerned about filing petition i-130
???

You still have to to file your taxes. You will be the primary sponsor even if you need a co sponsor.
BoilerMaleWales2010-06-19 11:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresImmigration Court Doc Question
From what you have stated there is no issue. You surrendered your GC and withdrew your application to enter.
BoilerMaleWales2010-06-29 15:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUSC Hubby abandoned us (again) - CR-1 Visa and CRBA Approved
She has the Visa, what you think it is meant for is irrelevant.

I would be more concerned about the daughter, once in the US hubby could carry on being a jerk making it impossible for her to leave.

Sounds very sensible to leave her behind for now.
BoilerMaleWales2010-02-19 14:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUSC Hubby abandoned us (again) - CR-1 Visa and CRBA Approved
He made a major tactical mistake not pulling the Affidavit and will soon no doubt find out how costly it was.

To the OP your plan sounds fine, quite common for new Immigrants to make the initial trip and then go back to tidy up affairs. Get the AR11 in, I think you can also update your address on arrival. Make sure that they do update their records.
BoilerMaleWales2010-02-19 05:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Big tough questons
I am out of date, check the UK forums, I think it is just one year now.
BoilerMaleWales2010-07-18 16:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Big tough questons
Some consulates like to see 3 years tax returns. most do not.

Going forward the ability to sponsor is based on your current earnings.
BoilerMaleWales2010-07-18 12:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Big tough questons
Current income.

If more that one sponsor you are jointly on the hook.
BoilerMaleWales2010-07-18 11:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan we live together in US prior to approval?
I would strongly advise not applying for a B Visa, very unlikely to get one.
BoilerMaleWales2010-07-27 09:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan we live together in US prior to approval?
I visited as well, long as you are visiting should not be a problem.
BoilerMaleWales2010-07-27 08:59:00