ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresNOW THIS IS VERY CONFUSING

I think he might be referring to AOS (affidavit of support). Problem is it looks like you are chasing a green card not a wife. Expect a lot of scrutiny at the interview. Make sure you have a ton of evidence. When was the last time your wife visited you?

she is visiting in 2 weeks.we had stayed together in the us for 6years .also when my I-130 was re-opened and reapproved,it came under the heading re-affirmed which simply ,means I couldnt be denied under the same reason they denied me at 1st(accused of marital fraud)


MO-MO1974MaleNigeria2013-10-08 15:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNOW THIS IS VERY CONFUSING

I say chase a spousal visa and apply for the waiver .  That's it, really.

oh already on spousal visa and I jut sent in the AOS package yesterday,waiting on the next step which I believe is the DS-260 stage which is where I would be needing as much clarity as possible when ticking one of the boxes that takes about ineligibiliy


MO-MO1974MaleNigeria2013-10-08 14:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNOW THIS IS VERY CONFUSING

 

Okay makes a lot more sense. You never Adjusted Status off the original petitioner and remarried thinking you could do it that way. And was denied.

You really really need to seek a lawyer this is a mess and I am not really sure how long a ban you have.

at worst its the 10 year ban which the waiver will help with but after getting d quote from wife today,i wanted to see if i could by pass that.i have all my efforts poured into the waiver and seeing that over staying your visa is the least of the disqualifying reasons for waiver denial,i have about 70% reason to be optimistic


MO-MO1974MaleNigeria2013-10-08 13:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNOW THIS IS VERY CONFUSING

As I've already suggested in your other thread... ask Laurel Scott. 

Also, that's a great forum for complicated cases- http://immigrate2us....forum/forum.php

 

and read this maybe : http://www.state.gov...ation/87120.pdf

http://www.nolo.com/...ad-removal.html

 

Did you accrue any unlawful presence? 

you say that you overstayed, but filed for AOS before you fell out of status? 

It's hard to say anything without knowing the details.

 

Anyhow, good luck and do consult with a good attorney! (Laurel Scott's chat is tomorrow)

Yes I did accrue unlawful presence since I never tried adjusting my status before divorce from my 1st wife.I had filed to adjust status after i re-married and had filed a new I-130 with my wife(USC) but it was denied and then I was placed in removal proceedings.while proceedings were on-going,my new I-130 was approved but USCIS said they would not attend to it till I was done with the immigration court and there I was allowed to go on voluntary departure which I did before it expired.

 

 

key points

came into country on K-3 in october 2006 with I-94 to expire in 2008

Did not do adjustment of status cos USC said she was no longer interested in marriage

Marriage got terminated in january 2007

Got re-married to different USC in feb 2007

filed new I-130 Adjustment of Status in july 2007

I-130 was approved in 2007 while we went for interview in january 2008 for adjustment of status which  was denied and was immediately put in removal proceedings.

while in removal proceedings,I-130 got re-opened and re-approved by USCIS and classification was changed from K-3 to  IR-1/CR-1 and on paper it was stated that they would put application on hold  till I was done with immigration court.

 

 

please take note of the bolded lines and this is the quote my wife found

(ii) Bar to Change of Status and Extension of Stay as a consequence of Overstaying a Visa 
Persons who remain in the US after their authorized period of stay are not able to extend their stay in the US or change their status to another nonimmigrant status. In most cases they are also barred from adjusting their status from that of a nonimmigrant to that of an immigrant.

However, the USCIS stated that as long as a foreign national files for an Extension of Stay or Change of Status or Adjustment of Status before the period of authorized stay expires, the foreign national will be considered to be maintaining status until a decision is made on the application or petition, even if the decision is after the date on the I-94 expires.

 

based on what is highlighted below,I do believe this qualifies me


MO-MO1974MaleNigeria2013-10-08 13:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNOW THIS IS VERY CONFUSING

hello there.. my case is a little bit like yours. i over stayed my visa for almost a year now, but according to my lawyer, if you apply for AOS through marriage (to a USC) the cant charge you a fee or banned you from the country..

thats what i know, of course each case is different and it depends on a lot of thing.. but thats what i know..

good luck!!

 

 

Thabnk you for your response...does anyone know where to find this specific quote.want to ionclude it in my package when sending to them


MO-MO1974MaleNigeria2013-10-08 12:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNOW THIS IS VERY CONFUSING

But you left the country so an AOS doesn't apply to you? Yes overstays are forgiven when marrying a USC.

 

If I had tried to adjust status before my visa expired does it not mean that I escape the visa over stay ban thus no need for a waiver? YES

I had filed for AOS before I left and the process of adjusting my status was what led to me being told to voluntarily leave


MO-MO1974MaleNigeria2013-10-08 11:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNOW THIS IS VERY CONFUSING

I overstayed my visa which expired in 2008,had applied for adjustment of status before the visa expired and was denied.had gone through Immigration court and was given voluntary departure.have I-130 approved and just sent the AOS  package.this mornign my wife came across this

(ii) Bar to Change of Status and Extension of Stay as a consequence of Overstaying a Visa 
Persons who remain in the US after their authorized period of stay are not able to extend their stay in the US or change their status to another nonimmigrant status. In most cases they are also barred from adjusting their status from that of a nonimmigrant to that of an immigrant.

However, the USCIS stated that as long as a foreign national files for an Extension of Stay or Change of Status or Adjustment of Status before the period of authorized stay expires, the foreign national will be considered to be maintaining status until a decision is made on the application or petition, even if the decision is after the date on the I-94 expires.

 

 

on http://www.visapro.c...les/?a=173&z=30

if I had tried to adjust status before my visa expired does it not mean that I escape the visa over stay ban thus no need for a waiver?

IR1-CR1

 

this is getting really confusing

Please help


MO-MO1974MaleNigeria2013-10-08 09:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS-260 error message

Make sure you do it in IE... It often will mess up otherwise.

 

Also make sure you're doing them in the right order, it's the address you're currently at, ending with the address at 16, not the order it looks you have it right now.  Maybe it's upset because you have June 2013 but there is no June 2013 to Present?

you sir,just saved my headache,been on this for 4 hrs.lol...thank you very much


MO-MO1974MaleNigeria2013-10-22 16:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS-260 error message

I'm just looking at this on my phone so I might be completely wrong but could it be that there is nothing current? Do you need to show June to October 2013?

Just checked it again and there's no option to choose oct 2013..it has only the "from" section and since it is current,I would assume they would not need to put the "To" option


MO-MO1974MaleNigeria2013-10-22 16:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS-260 error message

I think the month on the "TO DATE" cannot be the same month on the "FROM DATE" on the next line item
FEB 1974 to OCT 2006
The next "FROM DATE" should be
NOV 2006 to DEC 2006
Hope makes sense.

Try like this : Below is an example
FEB 2001 to APR 2001
MAY 2001 to JUNE 2001
JULY 2001 to AUGUST 2001








did that and same result


same result.seems its an error on their site.i am so close to loosing my mind on this right now.been on it for about 4 hrs no

 


Edited by MO-MO1974, 22 October 2013 - 03:24 PM.


MO-MO1974MaleNigeria2013-10-22 15:22:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS-260 error message

I think the month on the "TO DATE" cannot be the same month on the "FROM DATE" on the next line item
FEB 1974 to OCT 2006
The next "FROM DATE" should be
NOV 2006 to DEC 2006
Hope makes sense.

Try like this : Below is an example
FEB 2001 to APR 2001
MAY 2001 to JUNE 2001
JULY 2001 to AUGUST 2001








ohhh..you have a point there.will do that now


MO-MO1974MaleNigeria2013-10-22 15:18:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS-260 error message

I would sincerely like someone to tell me what am doing wrong...

the dates are the length of time I stayed at different addresses...It keeps giving me an error message that just doesnt make any sense,even hen i took  off the 2nd one,it still says that same error message

Attached File  1.png   84.46KB   1 downloadsAttached File  2.jpg   26.73KB   1 downloadsAttached File  3.jpg   27.4KB   1 downloadsAttached File  4.jpg   27.63KB   0 downloadsAttached File  5.jpg   27.6KB   0 downloadsAttached File  error.JPG   38.41KB   0 downloads


Edited by MO-MO1974, 22 October 2013 - 02:39 PM.

MO-MO1974MaleNigeria2013-10-22 14:37:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat des this update mean

Dear Sir or Madam: 

The National Visa Center has received all documentation necessary to complete pre-processing 
of your case. As soon as an interview date has been scheduled, the applicant, petitioner 
and attorney (if applicable) will be notified. 

The applicant should NOT make any travel arrangements, sell property, or give up employment 
until the US Embassy or Consulate General has issued a visa. 

The US Embassy or Consulate General may require additional documentation at the time of 
the interview. Additional documentation requirements if applicable can be referenced at 
the following URL: http://travel.state..../info_3742.html

Sincerely,

Director 
National Visa Center 















 

 

 

does it men its at the embassy and should i start bugging the...lol

 

Thanks


MO-MO1974MaleNigeria2013-12-23 11:57:00
IR-1 / CR-1 Spouse Visa Process & Proceduresmedical examination in Lagos Nigeria

They test for syphilis and a heart xray...but they will ask you verbally if u some weed. If you say no..they not gonna test you for drugs. But u gotta tell ur cousin to stop smoking weed asap for his own good..good luck

they did ask me if I smoke generally


MO-MO1974MaleNigeria2014-03-03 11:18:00
IR-1 / CR-1 Spouse Visa Process & Proceduresmedical examination in Lagos Nigeria

They test for hard drugs and weed, am sure about that

I just had my test and i can assure you that they do not...who gave you that info that they do?

 

p/s op that does not mean you should go there after smoking a bag of weed o!!! 


MO-MO1974MaleNigeria2014-03-03 11:11:00
IR-1 / CR-1 Spouse Visa Process & Proceduresmedical examination in Lagos Nigeria

 

Oh! i thought its mainly infectious ailments, why heart?

okay,i checked on the forum to see if there was any topic that is kind of related to this issue and I found 2 in which one of them said they do not test for drugs.how true that is,I do not know but there are threads on that and with regards to heart,that is surprising to me too,thought it was major infectious diseases only


MO-MO1974MaleNigeria2014-02-19 17:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUrgent Question on I-601

I would not do that- they may deny you before you have a chance to send the rest of the docs.

hmmm looking at it from that angle...you are spot on


MO-MO1974MaleNigeria2014-04-20 08:37:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUrgent Question on I-601

About to submit the I-601 packet and was wondering if I can submit some of the supporting documents later. I have most of the supporting documents but waiting on a dr's report and was wondering if I could send in what I have now so that my file can get into the system early and when the report is ready(in about 10 days)send it in

 

Is it possible?

 

Thank you


MO-MO1974MaleNigeria2014-04-20 03:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNo NOA1 Hardcopy

Based on our own experience, every notifications we received from the NVC via email, we printed out (PDF). That serves as the hardcopy. Nothing was sent to us via US Mail. 


sportymomFemalePhilippines2013-12-15 11:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUrgent Help Needed: Pls Pls Pls Reply

We have submitted the co-sponsor's pay stubs, tax returns, importantly the current year with W2 to be on the safe side because they will ask for it during the interview. We have also included machine copy of her ID's, like driver's license. These to be submitted  with the I-864 and the agreement form to be filled up by the co-sponsor ( you can see it in US Embassy website of your country ) between the petitioner and the co-sponsor.


sportymomFemalePhilippines2013-12-15 11:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMailing I-130 tomorrow

In all forms should be the name after the marriage especially when the petition is CR1. She should use your family name (husband's name) thru the entire process to avoid delay and problems later on.idea9dv.gif goofy.gif Most importantly her passport should be husband's last name. 


sportymomFemalePhilippines2013-12-16 07:32:00
IR-1 / CR-1 Spouse Visa Process & Proceduresname change, please help

It is better to call the NVC and ask them the right way to do it. However, from what I understand, since you are filing for the CR-1 which is the application for Spouse Visa and all the forms for the entire process, you should use your husband's name. They may have to ask you to correct the forms and re-submit.... But calling is the best way, I suggest...


sportymomFemalePhilippines2013-12-16 23:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat des this update mean

Congratulations! The next email you will get from the NVC is the interview date at the US Embassy which is not very long now. Mine, I received that kind of notification Sept 18, 2013, came in next after that was Oct 2 which had an interview date of Nov 7, 2013. Everything went well after that... Visa on hand Nov 11! Good luck!


sportymomFemalePhilippines2013-12-23 19:20:00
IR-1 / CR-1 Spouse Visa Process & Proceduresa beneficiary can make NVC follow - up

Yes, you can call the NVC... both the petitioner and beneficiary can call the NVC for updates...


sportymomFemalePhilippines2013-12-23 19:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat is the expedite process?

I'm just curious as to how the expedite process work in USCIS and the NVC. The petitioner just calls and requests for it? Do they have to to tell an exhaustive story as to why they need to be expedited? How do they provide proof for their story?

 

Thanks

To give you an idea how long it takes for the whole process ( Petition Filed to Visa On hand ), In m case, Petition filed Dec 3 2012... Interview date at the US Embassy Nov 7, 2013.. Visa on Hand Nov 11, 2013... This whole process that we had, everything was via email notifications from the NVC.. 

 

I am not sure as to how they deal with expedite request.... But, reading thoroughly and making phone calls to ask wont do any harm...

 

Good luck! dancin5hr.gif


sportymomFemalePhilippines2013-12-23 20:08:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHusband getting deployed

I think they put priority to those on duty military when they are filing for a petition . They are quicker. Yes, submit before his deployment would be best. dancin5hr.gif


sportymomFemalePhilippines2013-12-24 04:22:00
IR-1 / CR-1 Spouse Visa Process & ProceduresStart the process abroad, and interview in the US?

No. Cannot travel to US without a Visa. Have to go through the Consular Interview at the Embassy then Visa if approved, then the beneficiary can go to US.


sportymomFemalePhilippines2013-12-28 09:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFile IR1 application while living abroad?

Yes, she can live or stay abroad during the entire process. She can even go with you on your interview when that time comes. However, make sure she has all the ITR's for the last 3 years ( to make sure) ) together with the W2, just in case they ask that's is to be on the safe side (W2). In our case it was asked during the initial interview but not during the Consular Interview. Also, the I-864 needs to be completed. Do you have a co-sponsor? If so, they would require the co-sponsor to fill up the I-864 and a some sort of agreement between the petitioner and the co-sponsor which is to be signed by the co-sponsor. Unless, it depends on the country where the beneficiary is from. But we were required to submit that which caused us a little delay on the process. But everything is worth the wait... It was slowly but surely. I have my visa last month... goofy.gif


sportymomFemalePhilippines2013-12-28 20:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPriority Date

You should get that soon. In my case, I received it via email along with the information about DS-3032. My husband and I were getting all the notifications via email only. No hard copies are being sent to us via Regular Mail. They (NVC) sent us  some of the forms in a PDF (to be printed out) and most of the times, we looked on the US Embassy websites.good.gif


sportymomFemalePhilippines2013-12-29 10:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPriority Date

Priority date is just the date when it was filed by your petitioner. Alien Registration Number is given to you via email together with the receipt number and case number. The NVC will advise you that it is important to keep it. goofy.gif


sportymomFemalePhilippines2013-12-29 10:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFilipino marriage contract

Oh and the authenticated Marriage Certificate cannot be done in a local city hall or cannot be completed in a local city hall alone without forwarding it to the Main Office in Manila. The Local Civil Registry in the area where you registered your marriage contract will send it to the Main Office which is in Manila. Which Province did you get marry, if you don't mind my asking...


sportymomFemalePhilippines2014-01-05 18:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFilipino marriage contract

I don't think you need to submit the NSO Authenticated Marriage Certificate just yet when you file the I-130 form. But to answer your question. what you need is the Marriage Certificate in a yellow paper issued by the NSO. No need for Marriage Contract. They don't need it. Hope that helps...


sportymomFemalePhilippines2014-01-05 18:45:00
IR-1 / CR-1 Spouse Visa Process & Procedureschanging address cause problems?

then its probably best to just use my cousins address in pampanga...i think thats where she lives..i know its north west of manila..only a few hours away but i forgot a friend i met when i arrived atr the airport to give her a package gher husband wanted me to give her since it was cheaper for me to carry on then for them to mail lives just south of manila.hmmm...yup checked facebook and thats where she lives smile.png but im glad its sent in email.for me having a permanent residence is no problem.i was just worried about her especially anything being mailed and the G-325 paper work i have to feel out for Donna and I

I live in Pampanga. Yeah, it's not far away from Manila. Did you sign up for Email notifications. Other people are getting documents from the mail too or both. In my case, everything went smoothly. Notifications being sent to us via email, both petitioner and beneficiary. They sent us Checklist on what we need to provide and send to them. We read and read and read... check the forms that we filled up, we always make sure we are not missing anything.... This website and US Embassy website are the best source of information...  and call NVC for updates when you think it's taking longer that it is suppose to... Good Luck to both of you! 


sportymomFemalePhilippines2014-01-06 19:18:00
IR-1 / CR-1 Spouse Visa Process & Procedureschanging address cause problems?

Were you living together abroad?

Yes, he stays with us few months after he filed the petition in the US. He goes back and fort during the process though. He was with me during the Consular  interview and so as our kids. It was a long wait, but it's worth it.  dancin5hr.gif


sportymomFemalePhilippines2014-01-06 18:49:00
IR-1 / CR-1 Spouse Visa Process & Procedureschanging address cause problems?

Personally, I advised to have and use one address all through out the process so there would be no problems later on. My husband and I were planing to move location during the process but decided not to for it may delay the process although we never get any mail from the NVC. All of the notifications we sent to us via email. My husband filed the CR-1 Visa Dec of 2012. I have my Visa on hand November 2013. I hope this helps...


sportymomFemalePhilippines2014-01-06 18:05:00
IR-1 / CR-1 Spouse Visa Process & Proceduresjoint sponsor need help!!

For Spousal Visa. Joint Sponsor is allowed. It's normally the other option if your petitioner's finances fall below poverty guidelines. It's okay if the petitioner and the co-sponsor live in separate houses. It's not going to be an issue.


Edited by sportymom, 07 January 2014 - 05:34 AM.

sportymomFemalePhilippines2014-01-07 05:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresBenefit on Applying I-485 before I-130 has been approved

I-130 approval does not guarantee a Visa. Approval of i-130 means you are approved for further processing of your visa application. I am not sure about the i-485....


sportymomFemalePhilippines2014-01-07 02:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNVC just received my papers..

We filed ours Dec 2012. We got the case number May, through email...


sportymomFemalePhilippines2014-01-08 17:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 Address on forms is different from where we intend to live.. will it be a cause for denial??

No, it is not going to be an issue during the interview... I am sure you will have to stay with them (his mom) for a while until everything is settled like getting your own place, your own stuff, etc.... Good Luck to your interview! 


sportymomFemalePhilippines2014-01-10 00:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresG325-A and signature

It doesn't make sense to hire an attorney in India if your wife is migrating to US. They know little about what needs to be done. If you are to hire an immigartion attorney, it should be from the US. Personally, you don't need an attorney. Most people here, do it themselves. You jus have to read and read and read... Check and check and check, make sure you have everything they asked for before you send it... Signatures should be in ink. Forms should be submitted original with signatures not scanned and not xerox copy...  you can photocopy them but that serves as your copies ( it is your choice ).


sportymomFemalePhilippines2014-01-10 18:37:00