ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresUPGRADING THE LPR PETITION. . .

:unsure: Hi there, my name is MC just want to ask if I have my LPR petition for my husband and since the visa is not yet available in embassy abroad, is it possible I could file my US Citizen instead? since I've been over 5 years here. Then later on will upgrade my petition for my husband?? Is it better to do that instead of waiting for the visa availability that right now they have retrogression and went back to Sept 1999?

Please advice. . . thanks a lot for all the response. . .

May God Bless you always!

MC



Are you a US citizen yet MC?
diadromous mermaidFemale02006-08-21 14:25:00
IR-1 / CR-1 Spouse Visa Process & Procedureshousehold size on affidavit of support



ok this is confusing to me, how do i calculate the household size
ok here is the breakdown

i'm living with my parents in my house which consist of
me
mother
sister

i am divorced, i previously petitioned for my exwife. also i have a son who doesn't live live with my i don't claim him on my taxes but i do pay child support do i claim him as a dependent?

so far i have my dependents as four.. the document says only claim other members of house only if they are sponsoring jointly but the websites say different i'm totally confused anyone have help on this.

also on part 5 #21 letter c it says if you are currently married enter 1 for your spouse.. well if i'm sponsoring my wife do i put zero in this field? if i put one in that field it would be counting twice it looks like to me any help on this matter,.

also lastly employer letter what are the information that they need to put on it.

Thank you for your help in this matter


Per the form instructions: "Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated tosupport. If necessary to meet the income requirements to be a sponsor, you may include additional relatives (adult children,parents, or siblings) as part of your household size as long as they have the same principle residence as you and promise touse their income and resources in support of the intending immigrant(s)."

So, are you still opbligated for the ex-wife? Has she completed the 40-quarters work requirement, become a USC citizen or left the country?

Then, line 10 =1 (the current immigrant you are sponsoring)
Line 21a = 1
Line 21b = 1
Line 21c = 0 (you entered immigrant already even though you are married)
Line 21d = 0 (child you pay child support for is not a dependent unless declared on the tax return)
Line 21e = 0 (unless one of your family members (adult) you calim as dependents on a tax return)
Line 21f = 1 (if ex-immigrant wife has still not satisfied the Affidavit of Support work/citizenship/departure requirement to obviate the former I-864) or 0 if she has
Line 21g = 0 (unless your mother or sister are going to contribute their income to help meet the income requirements. If they are place them in this box and they fill-out an I864A)
Line 21H = TOTAL OF ABOVE


You are wrong about line 21d. the child being supported IS a dependent regardless of declaration on the tax return.


Yes, as I re-read it, the child is supposed to be added if under 21. I was thinking of tax purposes, sorry.

Edited by diadromous mermaid, 21 August 2006 - 02:01 PM.

diadromous mermaidFemale02006-08-21 14:00:00
IR-1 / CR-1 Spouse Visa Process & Procedureshousehold size on affidavit of support

ok this is confusing to me, how do i calculate the household size
ok here is the breakdown

i'm living with my parents in my house which consist of
me
mother
sister

i am divorced, i previously petitioned for my exwife. also i have a son who doesn't live live with my i don't claim him on my taxes but i do pay child support do i claim him as a dependent?

so far i have my dependents as four.. the document says only claim other members of house only if they are sponsoring jointly but the websites say different i'm totally confused anyone have help on this.

also on part 5 #21 letter c it says if you are currently married enter 1 for your spouse.. well if i'm sponsoring my wife do i put zero in this field? if i put one in that field it would be counting twice it looks like to me any help on this matter,.

also lastly employer letter what are the information that they need to put on it.

Thank you for your help in this matter


Per the form instructions: "Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated tosupport. If necessary to meet the income requirements to be a sponsor, you may include additional relatives (adult children,parents, or siblings) as part of your household size as long as they have the same principle residence as you and promise touse their income and resources in support of the intending immigrant(s)."

So, are you still obligated under the Affidavit of Support for the ex-wife? Has she completed the 40-quarters work requirement, become a USC citizen or left the country?

Then, line 10 =1 (the current immigrant you are sponsoring)
Line 21a = 1
Line 21b = 1
Line 21c = 0 (you entered immigrant already even though you are married)
Line 21d = 0 (child you pay child support for is not a dependent unless declared on the tax return)
Line 21e = 0 (unless one of your family members (adult) you calim as dependents on a tax return)
Line 21f = 1 (if ex-immigrant wife has still not satisfied the Affidavit of Support work/citizenship/departure requirement to obviate the former I-864) or 0 if she has
Line 21g = 0 (unless your mother or sister are going to contribute their income to help meet the income requirements. If they are place them in this box and they fill-out an I864A)
Line 21H = TOTAL OF ABOVE

Edited by diadromous mermaid, 21 August 2006 - 01:54 PM.

diadromous mermaidFemale02006-08-21 13:51:00
IR-1 / CR-1 Spouse Visa Process & Proceduresjust Curious........

hello VJ members (F) ...........we found this site after filing or I-130 and after i became a member in this site i learned soooooooo much.......and doesnt passes a day without looking into all the latest posts.......NOW i am curious do anyone know about any other sites like VJ .......this one site is sufficient but just wanted to know if their is others also like this or giving information in any specific area of filing or processing time other than the USCIS site.............so calling for information from all the VJ members...........
thanks


There are quite a few newsgroups, some very good, some not so good. A couple I've run into are
http://www.immigrate2us.net
http://www.britishexpats.com
http://discuss.ilw.com
diadromous mermaidFemale02006-09-25 17:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCHANGE OF ADDRESS

But at the same time, what im wanting to know is, does he himself have to fill out the I-865 form aswell, we've already filled out the AR-11, and i've filled out the I-865 being the primary sponsor

He is the co-sponsor, so does he have to fill out the I-865 aswell???

The problem is that my dad just wants my husbands personal information to use against him (which he already has) and we dont want to give him any more than we have to. He's trying his absoloute hardest to get my husband deported and his trying to obtain ALL of my husbands personal information

As stated on the I-865 for my dad, it ses that my husbands A # number has to be there, and we dont want my dad to know that number, because all he's going to do is try to use it in an incorrect manner.

Thats our concern...

yes sorry to add, my husband has a CR-1

No. Dad has no reason to submit anything to USCIS unless he, himself, moves at sometime in the future, while the Affidavit of Support is still in effect.

kitkat,
A CR-1 *could* be subject to deportation, but not relative to the whim of an unhappy relative. ;) There are several bases for being issued a notice of removal, some being a finding of fraudulent intent, a denial of the application to remove conditions later on down the road, or some other situation that would preclude continued residency in the USA.
diadromous mermaidFemale02006-09-30 13:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCHANGE OF ADDRESS

Hi Everyone :help:



We are having a very difficult time with my parents they have threaten us and kicked us out if the house casue ( we wanted our own place(ironic isnt it? :blink: )) Now with the change of address the 10 days havents passed yet its only been 3 cause well with all the moving. My dad called immigration or got in contact with them saying we had left, they printed out the AR-11 ( wich we already have and filled out and sending it on monday) He however wants the letter with all my husbands personal info. He will and has used my personal info. before and against me I know and he had said so himself he will do the same to my husband, therfor I dont want to hand him the form. He him self if not mistaken he has to send a form aswell (form I-865) indicating he knows were we are. (and they do they have been around to see were we are living)


He has been trying to pose as a lawyer to scare us off. I dont know what to do If anyone has a ny comments for any thing we can tyry as a solution it will be deeply appriciated.

He says he will do and stop at nothign to get him deported he wants him out of here.... I understood that the AOS he would be bound untill he becomes a USC or if he chooses to stay as a resident its 10 years a r 40 quartes of work right :o ????:help:

PLEASE PLEASE PLEASE HELP US !!!!!
:luv: Yale


Your husband has CR-1 status, correct? I believe your joint sponsor (Dad) can't withdraw his sponsorship once the intending immgrant has activated status at the POE.
diadromous mermaidFemale02006-09-30 12:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCHANGE OF ADDRESS

Thanks a ton Mo, Diddie, Wench always being there for us! *hugs*

One more question, although im the primary sponsor, and he's the co-sponsor, he makes 10 times th amount i make, which in effect i guess would make him the sponsor,...does it really work that way? or i still stand as the primary sponsor even though i dont make enough???


Well, my dad did something a while back which he'
d been doing for a while and supporting it. Brett spoke against it because it kept continuing ( my brother abusing his wife, adultry and other things) and Brett as i said wasnt going to let that continue, spoke against it.

When my dad got caught out for supporting it, THATS when he got like he is now,...my dad is giving out my social security number and all my personal information, and he's "trying" to do the same with Brett, but to use it in a bad manner henceforth why we dont trust him.

My dad has alraedy tried to pose as his lawyer, (which we're going to go visit on monday to inform his lawyer that he all of a sudden has a "twin" lol because that isnt right, and my dad made up all these legal documents, using my dad's lawyers information WITHOUT the lawyers knowledge or concent....now does that seem right to you???

thanks everyone for your replies *hugs* :) love ya's!


Regardless of your ability to meet the financial requirements of the Affidavit of Support, the spouse of the immigrant in a marriage-based case is the primary sponsor. So, simply put..no Dad will not be considered the primary sponsor (he's a joint sponsor).
diadromous mermaidFemale02006-09-30 13:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCHANGE OF ADDRESS

question .......



I know I have to fill out an I-865 with our new add.


However does my dad when he fill his out doe he put in His add or our new add. ???? :help:



Please calm down. The alien files an AR-11 with the Service within 10 days of moving. The sponsor or joint sponsor of an immigrant only files an I-865 if the they move. You are the primary sponsor of your alien spouse and will have an obligation to report your new address within 30 days. If your Dad has not moved, he does not have an obligation to report.
diadromous mermaidFemale02006-09-30 11:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion about Upgrading Case from F2A to IR ?



My wife filed a petition for me when she was on green card 4 years ago. My I-130 approved in Jan 06 and She became US citizen in April 06. My case approved from NVC last month September 15th and forward to embassy in pakistan with F2A catagory and waiting for my priority date.

Can i email my wife's passport copy to NVC to upgrade my case from F2A to IR ??? Or I should contact to Embassy in Islamabad (Pakistan).


Thanks and looking some help and guidence.



I'd strongly suspect that if you were to send evidence of your wife's naturalisation to NVC, NVC would send the upgraded petition electronically to the embassy or consulate. Let us know if you find out. :)



I receive email from NVC i.e "As the file is no longer at the NVC, we are unable to honor your request to change. Please submit a copy of the applicant's passport to the assigned US Embassy."

I send passport copy to US Embasssy in Pakistan and waiting for their reply if they done it.



Thanks for the update. Odd response. A copy of your wife's passport send to the Embassy, alone, would indicate nothing to upgrade a petition, in my opinion. NVC must have sent some communication to them.
diadromous mermaidFemale02006-10-30 07:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion about Upgrading Case from F2A to IR ?

My wife filed a petition for me when she was on green card 4 years ago. My I-130 approved in Jan 06 and She became US citizen in April 06. My case approved from NVC last month September 15th and forward to embassy in pakistan with F2A catagory and waiting for my priority date.

Can i email my wife's passport copy to NVC to upgrade my case from F2A to IR ??? Or I should contact to Embassy in Islamabad (Pakistan).


Thanks and looking some help and guidence.



I'd strongly suspect that if you were to send evidence of your wife's naturalisation to NVC, NVC would send the upgraded petition electronically to the embassy or consulate. Let us know if you find out. :)
diadromous mermaidFemale02006-10-24 08:17:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAbuse

She is still in the Country after a year, so I assume they accepted her story without ever talking to me.


What makes you believe that? Did you file the AOS package before she disappeared?
diadromous mermaidFemale02006-12-04 10:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs it possible to be approved for a green card if my wife owerstayed her visa before?

Me and my wife have lived in finland for a year now. She is finnish and i am american.
I have failed to get a working permit for myself here, so we are palnning to move back to the U.S. We got married here in august this year.

We have set up an appointment for filing for the I-130 at the US embassy in Helsinki.
We have told that if we do it here, it will take from 4 to 8 weeks to process.

But our problem is: My wife has over stayed her tourist visa which was for 90 days, last time we were in the US.

It is possible to overstay by 180 days after the 90 has expired. She has overstayed the 180 days by excatly two weeks, there is a section where they say that a person who overstays this 180 days, will not be able to go back to the US for three years.

We have a very good reason for overstaying, that reason is: my wife was pregnant at the time, and wanted to go back home to have the child, we had to wait to get me a passport, and once that was completed, she had over stayed the 180 days by two weeks. At the airport she said she had lost her green slip (boarding pass you get attached to your passport when you enter the country).
She had honestly lost it!
The airline worker said (when we left) to that "the green slip is for the INS to know when you left the country, since you dont have it anymore, you have to report the INS yourself when you left"
We ofcourse, never reported.

Do they know that my wife overstayed?
She has a new passport. A new last name due to marrying me.
Will they find out? And if they do, will she have to wait in her country for two more years?

We have already set up an appointment at the US embassy.
But we would rather not tell them about this overstaying, even though we did have a reason!


Tommyfinn,

An overstay is an overstay, regardless of if the reason was valid or not. :)
diadromous mermaidFemale02006-12-04 10:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864, question about Form 1099?

each and every Form W-2 and Form 1099 that relates to your return(s).


A tax return is not considered complete without all income documents, but as the excerpt quoted in the OP's first post suggests, if using a tax transcript instead of a copy of the return itself, no 1099s or W2s will be necessary.
diadromous mermaidFemale02007-03-05 07:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresImmigration Woes
QUOTE (xenfinity @ Dec 29 2007, 11:35 AM) <{POST_SNAPBACK}>
In my original application I listed my then current immigration status as "pending AOS" which was correct for the time because back then I was a beneficiary to a now denied case of my mother.


Back up a bit, please. Why and when was your mother's petition to secure PR for you denied? And where were you at that time, and did you leave the country afterwards?
diadromous mermaidFemale02007-12-29 12:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI NEED YOUR HELP!!!!!!!
QUOTE (natashenika @ Jan 19 2008, 11:54 AM) <{POST_SNAPBACK}>
helpsmilie.gif This message I got in the appointment letter from NVC Attached File  nvc_j1.jpg   547.24KB   79 downloads

the thing is in Jun 2002 I entered the USA on J-1 visa after I applyed fo political asylum and my case was under review untill October 2006 when I got a notice that they don't see the reasons for me to be afraid to be back etc... and I can appeal within 30 days I didn't so I went back to Ukraine and my husband started the CR-1 process as soon as I left my interview is scheduled for Feb 20 2008 in Kiev and now since I got this message I can't thnk of anything but will I get my visa on the interview or it wil be forever until me and my husband will reunion
PLEASE FRIEND I NEED YOUR OPPINIONS may be someone entered on J-1 and was able to avoid all this toubles withh 2 yers rule?


As noted above, you can apply to waiver the HRR, but is your timeline is correct and you left the US in October 2006, the 2 years would be satisfied in October 2008, you are only talking about a few months.
diadromous mermaidFemale02008-01-19 16:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Can a Co-Sponsor be re-used?
QUOTE (Roserick @ Jan 30 2008, 05:47 PM) <{POST_SNAPBACK}>
Like I said.. I will need help on Part 5.. PLEASE!! PLEASE!! HELP!!

21. Your Household Size - DO NOT COUNT ANYONE TWICE

As thermophile mentioned my brother will have 5 on his Household size including my wife..

It will ask you to add them after you answer the questioned in the box..

Look at here.

A. Person you are sponsoring = 1
B. Yourself = 1
C. If you are currently married = 1 (was included on the petition 3yrs ago)
D. If you have dependents children = 2 (1 eldest that was petioned 3yrs ago and 1 was born here)
E. If you have any other dependents = 0
F. If you have sponsored any other person on an I864 who are now
lawfully permanent residents = 2 (his eldest daughter and wife 3yrs ago)
G. = 0

Total = 7

It can't be 7 its suppose to be 5... I repeated his daughter and wife on question F. But I have to answer it..

What should I do on this??

Please HELP!! helpsmilie.gif helpsmilie.gif helpsmilie.gif


His daughter and wife were the former sponsored relatives, but they are now members of his household, so you only count them once in the previously sponsored aliens and not in the household member section.
diadromous mermaidFemale02008-01-30 19:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresOriginal Marriage Certificate Insufficient but Already filed I-130 - Remarrying soon. What to do next?
QUOTE (Zayd @ Feb 1 2008, 04:54 AM) <{POST_SNAPBACK}>
Hi All.

Sorry to always have to post things that are complicated, convoluted, and not as upbeat as others. My question centers around the I-130 petition for my wife. My wife and I were married in November 2007 in the UK. We had a religious ceremony in a mosque in London, and we thought it was valid (the cleric in the mosque said so, and our lawyer agreed) and sufficient for immigration according to the laws of the UK. However, we later came to find out this wasn't the case and are now going to get remarried in another ceremony in Pakistan hoping to get it right this time.

However, our confusion and concern arises from the fact that we have already submitted our I-130 petition for a CR-1 visa. We have not heard anything back from the CSC yet, but we expect we may soon. The petition was honestly filed in good faith on the advice of our counsel (who we have now dismissed). We are not sure what to do now. Is the first petition totally invalid and we have to start over again? Can we amend the first petition with the new contract (which we are doing as a precaution) when we get the new certificate in the middle of March? We don't know if we should file a new I-130 petition with the revised information just to be safe. We spoke to two new lawyers about the problem, and neither knew what to do or what was the solution. I am not sure if CIS would be willing to help us straighten this out or not or even if I should call them. We are genuinely unsure about what to do.

Any help is greatly appreciated. Thanks.


How, or by what means did you later come to find out that the marriage is not sufficient for immigration?
diadromous mermaidFemale02008-02-02 17:40:00
IR-1 / CR-1 Spouse Visa Process & Procedurespetitioner cancelled the interview
If she can prove that he was unable to marry her when their marriage took place (she would need a copy of his divorce decree, and her marriage certificate) then this union would be invalid. Of course, if that is the case, she would not be eligible to immigrate.
diadromous mermaidFemale02008-01-27 17:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresGot a green card but we need to divorce
QUOTE (Paula&Minya @ Feb 12 2008, 06:08 PM) <{POST_SNAPBACK}>
If you have a conditional card, you will have to remove those conditions to your residency begging 90 days before your card expires.
On the having kids issue....I'm w/ the previous posters, did you not discuss when and if you will be having kids, before you got married? Is this a case of one thing was agreed upon by both parties before the marriage, and now one or the other has changed their minds?

Good luck,
-P

If the alien has a divorce decree, she does not have to wait until 90 days prior to the expiry date in order to remove conditions.
Many people change their minds about children. A USC spouse saying he does not want children doesn't mean it was never discussed.
diadromous mermaidFemale02008-02-12 18:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 filing while in US - is there a definite answer?
QUOTE (Marlita @ Feb 23 2008, 11:08 PM) <{POST_SNAPBACK}>
Well how would they find that out? That question is very subjective if you think about it.


It's not really subjective at all. There are many ways that USCIS could find out if an alien that enters as a tourist had immigrant intent. Let me give you a hypothetical.

Tourist gives up his job, gives his pets to a neighbour, sells the house, there are advertisements for several weeks before his intended departure date in April, selling the contents of his home. The auto he was leasing is returned to the leasing company, or, alternatively, the auto is up for sale shortly before he leaves for the USA. He notifies his landlord that in April when he leaves for a "purported" 6 weeks visit to the USA he will not be needing his apartment anymore. He withdraws most of the funds he has held in his bank account in his country, leaving little remaining in the account. As he steps on the plane headed to the USA, what evidence remains in his country in the way of "ties" to suggest that there is a life which he intends to return to after his trip? All of these actions, and a number of others that I could mention, indicate that the alien may have been planning not to return.

In so far as a tourist's status once in the USA, it's easy. During the validity period of his or her I-94, he or she holds lawful non-immigrant status. Afterwards, and until an adjustment of status application is filed, he or she is out of status, but the INA states that as long as an individual is married to a US citizen, any out of status time will be forgiven as long as the alien entered with inspection. So, you see, it is all kosher.

Now to address what seems to disappoint you. The immigration process is defined as a multi-step process. An individual that has represented a desire to reside in the USA is required to follow procedure. The statutes permit an alien whose decision to pursue permanent residency was impromptu while here to adjust status for the US citizen spouse's benefit. Any entrant to the USA is considered to have "immigrant intent". The only reason that a tourist is permitted entry is because he or she has demonstrated satisfactorily that he or she has signicifant ties to his or homeland to indicate that he or she will return at the end of the validity of the I-94. Naturally, it is more difficult (not impossible, under certain circumstances) for a would-be immigrant to get a tourist visa because he or she has already confirmed "immigrant intent" by submitting a request for a visa. While the tourist's intent to reside in the USA is first demonstrated upon the submission of an application to adjust status and very often those individuals have significant ties remaining to his or her homeland that need to be settled stateside.

Better?
diadromous mermaidFemale02008-02-24 18:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 filing while in US - is there a definite answer?
QUOTE (Marlita @ Feb 23 2008, 02:27 AM) <{POST_SNAPBACK}>
Enjoy your time together, send in your application in March and make sure she leaves before her visitor visa expires....and your all set.

Good luck!


The regulations do not require that a person on a tourist visa depart before adjusting status in the USA. The regulations stipulate that the person on a tourist visa not ENTER the country with the express purpose of remaining. BIG difference.
diadromous mermaidFemale02008-02-23 07:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 filing while in US - is there a definite answer?
QUOTE (christinejohn @ Feb 22 2008, 11:03 PM) <{POST_SNAPBACK}>
It was taken to private and I told you I didn't want to discuss the subject anymore.
Now as far as what you last wrote, you are saying the contrary of what you said in first place...
So out of respect for others, drop it, it is not a winning/losing forum.
As far as I am concerned people this is my last post about that subject and I apologise for the inconvenience.

I can see how you must govern all discussion, however I don't wish for you to confuse people. For the record, I did not say anything that is contrary to my first post at all.

To answer the OP, yes he can file the I-130 while she is here. If she came to the USA on a tourist visa, without any intention of remaining here (and learned that he would become naturalized in the interim), provided there are no other details that have not been shared that could cause complications, she could adjust status while in the USA and doesn't have to leave!
diadromous mermaidFemale02008-02-23 07:43:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 filing while in US - is there a definite answer?
QUOTE (christinejohn @ Feb 22 2008, 10:23 PM) <{POST_SNAPBACK}>
This has been taken to private since it has nothing to do with the subject.



Really? It must be a one-sided private discussion then! wink.gif

YOU do not know the specifics in the OP's case. Nor do I. So to pose an opinion on a case without information to back up such a suggestion is not only unfounded but also improper. On the other hand, supplying factual information such that an individual can extract that which applies, given his or her specific circumstance is appropriate.

Everyone is entitled to offer an opinion, but please, oblige me and let me know why it is that your opinion contraverts the regulations themselves? Why are you offering an opinion that suggests that the OP's wife cannot adjust status while in the USA without taking a risk and subjecting herself to potential "deportation" (as you put it) when you know nothing of the circumstances of her presence nor the options an alien, having arrived on a tourist visa, has to adjust legally while in the country?

I sense that you believe that no alien can adjust status while in the USA on a tourist visa without taking a so-called risk of deportation, as you put it. That is, in fact, quite erroneous. Aliens can and do adjust status while in the USA on tourist visas. The circumstances that preceeded the entry and the information offered the CBP at the POE are all-important as to whether that adjustment will be both successful or lawful. Coming over to this country on a tourist visa, with the express purpose of adjusting status while here is an entirely different situation than being here when the privilege to become a permanent resident becomes available.

Do you not see the distinction?
diadromous mermaidFemale02008-02-22 22:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 filing while in US - is there a definite answer?
QUOTE (christinejohn @ Feb 22 2008, 09:39 PM) <{POST_SNAPBACK}>
The need for drama... good.gif


You are being very impertinent, and I don't appreciate that.
diadromous mermaidFemale02008-02-22 21:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 filing while in US - is there a definite answer?
QUOTE (christinejohn @ Feb 22 2008, 08:54 PM) <{POST_SNAPBACK}>
I am not the one who asked this question, in fact I answered it once, and justified my answer once as well.

People here go through enough frustrations as it is.

Are you a lawyer? Because unless you are I doubt you know any better than anyone else who just try to help and support each other here.

I won't go any further, im me if you feel the need to.


Hmmm.
I'll be happy to address each of your questions, if you address mine first.

QUOTE
Eligibility Information: Who May Apply to Become a Lawful Permanent Resident While in the United States?

You may be eligible to apply for adjustment to permanent resident status if you are already in the United States and if one or more of the following categories apply to you.


Family Member
You are the spouse, parent, unmarried child under age 21, the unmarried son or daughter over age 21, the married son or daughter, or the brother or sister of a United States citizen and have a visa petition approved in your behalf.

Visa Number
If you are a Family- or Employment-based applicant, you must have an immigrant visa number available from the State Department unless you are in a category that is exempt from numerical limitations. Immediate relatives of United States citizens are exempt from this requirement. Immediate relatives of U.S. citizens are parents, spouses, and unmarried children under 21. (For instance, you can apply to adjust to permanent resident status at the same time that your U.S. citizen daughter files an application for you to become an immigrant.)


Otherwise Eligible Immediate Relatives

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

worked without permission,


remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,


failed otherwise to maintain lawful status and with the proper immigration documentation, or


have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).
Please note: If a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being “inspected and admitted or paroled into the United States.”

Ineligible



http://www.uscis.gov...00045f3d6a1RCRD
diadromous mermaidFemale02008-02-22 21:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 filing while in US - is there a definite answer?
QUOTE (christinejohn @ Feb 22 2008, 08:33 PM) <{POST_SNAPBACK}>
Guessing answers? I said they are not supposed to, it is a deportation matter...
Now if some people are ready to jeopardise that can we tell them not to?

My own lawyer told me to cancel my I-130, to come to the US on a visitor's visa and to then apply for AOS... I chose not to, but this lawyer has been in the immigration industry for over 20 years and is a member of AILA... I MADE MY OWN CHOICE.

So I don't guess answers, I said he could take the risk or not knowing what the consequences could be.

His question was a non sense to start with since he already knew the answer...



What part of this excerpt from USCIS do you NOT comprehend?

QUOTE
However, if your husband or wife, unmarried child under 21, or parent is already in the U.S. after having entered legally (and in certain other circumstances), and applies for permanent residence when you file your petition, then he/she may, with certain exceptions,
remain in the U.S. while we process their application for permanent residence.

diadromous mermaidFemale02008-02-22 20:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 filing while in US - is there a definite answer?
QUOTE (christinejohn @ Feb 22 2008, 08:13 PM) <{POST_SNAPBACK}>
As you said yourself " the spouse has to be outside US while filing I-130 ".
Now I have also heard about people who go to the States on a tourist visa and then apply for AOS.

There is no answer to your question. Is it allowed to be outlaw? No, though some people take the risk, some get caught, some don't.

It is your own responsibility to decide if you are whilling to take the risk to see your wife being deported and denied entry to the States for 5 years or to still risk it and be approved. Each case is different and depending on who you see, who opens your file, who makes the decison, it will never be the same for anyone.

It is a gambling decision, it might work and it might not. Nobody will ever tell you that it is ok to do so, it's your own call.
We all have hated the wait and have suffered from it, it is how it goes when you do things legally.

Maybe you should seek the opinion and help of a lawyer, then you have someone to blame or congratulate.

Good luck!

What????????? Please don't guess answers mad.gif

QUOTE
Can my relative wait in the United States until becoming a
permanent resident?
Your approved relative’s petition gives your relative a place in line
among those waiting to immigrate. It does not let him/her come
to the U.S. or remain here until he/she can apply for
permanent residence. He/she should wait outside the U.S. to
immigrate legally. If he/she comes or stays without legal status,
it will affect his/her eligibility to become a permanent resident
when his/her place in line for a visa is reached. However, if your
husband or wife, unmarried child under 21, or parent is already
in the U.S. after having entered legally (and in certain other
circumstances), and applies for permanent residence when you
file your petition, then he/she may, with certain exceptions,
remain in the U.S. while we process their application for
permanent residence.

Edited by diadromous mermaid, 22 February 2008 - 08:26 PM.

diadromous mermaidFemale02008-02-22 20:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresExpedite Denied
QUOTE (KipandSarahJayne @ Apr 16 2008, 01:58 PM) <{POST_SNAPBACK}>
I'm just beginning to get my head around it now, and thought I'd post about an expedite denial.

My Husband sadly lost his Grandmother a couple of weeks ago, which happens as we all know, but she was more like his mother.
I loved her dearly, but obviously didn't attend the funeral due to being stuck in England waiting for this laborious process to end (not enough documented ties to risk POE).
This being hard enough to deal with, his Aunt who is also very close has now been diagnosed with terminal cancer and has a couple of months to live.

Obviously, we tried to expedite .... internally via the USCIS Military Helpline .... we didn't think it was possible, but the USCIS officer who dealt with us personally put together the request immediately and said it shouldn't be an issue and that we'd hear within 5 working days .... well, we did ..... VSC said no.

Neither his Grandmother or Aunt saw us get married as we married unexpectedly on the fly at Christmas when I was over there (it was the right time for us) ..... but we had planned to renew our vows and have a big party when I return .... I guess this won't be happening now.

I'm quite blown away, and understand that it's obviously because the latest bereavement and the next one that will happen in a couple of months are not my Husbands parents .... but I still think it stinks that they can belittle the requests of a family in need and pain like this.

And to think, we were originally planning to get married this summer with all the family following a possible application for a K1 .... but had no idea as to the difference in time for approval ..... if we'd done it that way, I'd more than likely be there by now ClockWatch2.gif

Just want you guys to know, incase something similar happens.

Plus, if anyone from USCIS happens to read these posts, please have a heart (and read up on karma) ..... there are a lot of people suffering on this website ..... if they weren't, they wouldn't be on here in the beginning.

I came late to the party, I know, but if your husband is an American, why was it not possible for him to go to the USA for the funeral?
diadromous mermaidFemale02008-04-16 18:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWe qualified for an IR-1
QUOTE (Nita&Assaad @ Jun 11 2008, 07:29 PM) <{POST_SNAPBACK}>
But do I still have to do removing conditions even if IR-1 status? I thought that was just for CR-1 status

QUOTE (pushbrk @ Jun 11 2008, 04:13 PM) <{POST_SNAPBACK}>
QUOTE (Nita&Assaad @ Jun 11 2008, 03:40 PM) <{POST_SNAPBACK}>
I am Curious about changing the status from CR-1 to IR-1 before we get to the Embassy part of the journey. Has anyone else been through this, or wondering what needs to be done?

I read somewhere that once you complete 2 years of being married while going through the Immigration process that you would be switched Atomically to IR-1, but from my last cover sheet after paying IV Bill; it still states CR-1. On May 13 of this year , we will have been married 2 years. Can anyone answer this question? I would appricate it.



Nita


You do nothing. The Consulate will simply issue an IR1 category visa when the time comes. Frankly, it doesn't matter though because what you really want is the 10 year green card. USCIS issues that after entry. Even those with CR1 visas who enter after two years of marriage, get the unconditional (10 year) card.



Not unless you receive the 10-year green card by mistake.
diadromous mermaidFemale02008-06-11 18:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresStay in the US after divorce?
Funny, I don't get the impression that the OP and her child are in the USA yet.
diadromous mermaidFemale02008-07-05 18:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresStay in the US after divorce?
QUOTE (mariaslk @ Jul 5 2008, 06:29 PM) <{POST_SNAPBACK}>
My visa is still awaiting final processing. However, it looks like my husband and I wont make it till then. Is there any way that I can live in the US without my visa?

Nope. Not as a beneficiary of family based status, that is.
diadromous mermaidFemale02008-07-05 18:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSelf Employee W2
A K-1 (it's a tax form) issued at year end from a corporation is considered personal income.
diadromous mermaidFemale02009-07-03 20:43:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 - PArt 5 question
"Don't count anyone twice" is the key.
QUOTE (LÜvtechwifey @ Jul 6 2009, 02:38 AM) <{POST_SNAPBACK}>
I-864 form PART 5 - Sponsor's household size

Its says there that don't count anyone twice. In the form part 5, the petitioner is being ask a number of how many person he is sponsoring. My husband is sponsoring me. So that means, He will put 1 on that box for me. However, in letter C.

C. "If you are currently married, put 1 for your spouse". if he will put 1 again for me, so this means that I WILL BE COUNTED TWICE. This is driving us nuts.

Any thoughts on this guys? Thank you!


diadromous mermaidFemale02009-07-06 05:34:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS CSC email address

Thanks very much Peter Miami but I tried that address first and it was the one that was returned undelivered.

Do any of you guys have an opinion about how effective sending an email to CSC is?

I have the feeling that I might be hitting my head against a brick wall, but you can always hope.




California Service Centre's Customer Service Division has stated that, as of January 31, 2005, it plans to prioritise inquiries received by email over inquiries received by mail and fax.

The CSC email addy used to end in usdoj.gov. Are you sure that your email used to dhs.gov addy?

Edited by diadromous mermaid, 30 January 2006 - 03:26 PM.

diadromous mermaidFemale02006-01-30 15:25:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS CSC email address
CSC-XII.131@dhs.gov CSC-XII.360@dhs.gov CSC-XII.817@dhs.gov CSC-XII.129@dhs.gov CSC-XII.765@dhs.gov CSC-XII.751@dhs.gov CSC-XII.140@dhs.gov CSC-XII.485@dhs.gov CSC-XII.400@dhs.gov CSC-XII.539@dhs.gov CSC-XII.130@dhs.gov CSC-XII.90@dhs.gov
CSC.XII.Waivers@dhs.gov CSC.XII.others@dhs.gov
diadromous mermaidFemale02006-01-30 14:36:00
K-1 Fiance(e) Visa Process & ProceduresK1 check to which name??? HELP

Dear all


my big question....


To whom does the check have to be adressed for the K1 Visa applicaton:

To Homeland Security or USCIS - i mean what exactly do i have to write on it??


Also could i pay with a money order as well? How does that work?


Thanks a lot ! :luv:

birgit


Fees for USCIS services and benefits should be made payable to Department of Homeland Security or U.S. Citizenship and Immigration Services. Money Orders are done the same way.
diadromous mermaidFemale02006-01-30 15:15:00
K-1 Fiance(e) Visa Process & Procedureshelp! explain the poverty guidelines for the US
I'd like to add that if lennie is pursuing a fiancé visa, the poverty guidelines per I-864 only come into play at the adjustment stage, unless he is working with a consulate that requires an I-864. Normally for the K visa, he would have to overcome the public charge issue, but knowing the benchmarks is a good guideline any way.
diadromous mermaidFemale02006-01-31 19:21:00
K-1 Fiance(e) Visa Process & Procedureshelp! explain the poverty guidelines for the US

Hello all,
I am a new member here and hope someone can help me with a question I have. I have a fiancee in Kiev and plan on taking the plunge. I am getting into the paperwork, and it's quite abit. I have a question on the poverty guide lines. Can anyone explain this to me? I have asked several educated people and no one can answer what the government means. I guess you need a certain amount saved, but how much? before they will let her come here without being a burden to the US system I make good money, but I am not rich. My base pay is 40,000.00 per year, not counting over time. What do I need in saved assets. Any advice will be welcomed. Len


Poverty guidelines are issued each year in the Federal Register. Many departments use them and for immigration purposes they use a factor of 125% as a requirement. Currently the poverty guidelines in place for immigration purposes are posted here. (Note: in a week or so, new guidelines will be published for submission from that point forward in 2006).

http://uscis.gov/gra...orms/i-864p.htm

Sounds like your income will be more than sufficient. Have a look at the posted link and keep in mind your fiancé is counted in addition to you and anyone else living in your household. For example, if you live alone, you need to meet the household poverty level of a household of 2 (you and your sponsored fiancé).
diadromous mermaidFemale02006-01-31 18:30:00
K-1 Fiance(e) Visa Process & ProceduresI-751 question - help please :)



Hi,

I was married to a US citizen, I am Australian. We moved to the USA in April 2002 and in March 2004 I filed I-751. However I filed this on my own as my marriage ended in divorce in Feb 2004 (date the divorce came through). I've been waiting nearly 2 years and finally I have been called for an interview in Los Angeles.

I have loads of info to support my claim our marriage was legitimate, as it was. I have joints bank statements, investments, mortgage paperwork, copies of our wills from that period, photos and cards from family from that period.

Since my divorce I have been travelling extensively and have now started studying.

Can anyone give me feedback on what sort of questions they may ask me now that I am divorced? Am I just proving our marriage was legit or is there other thing I should be aware of?

Thanks.


Yes, the focus will be on determining through evidence that you entered the marriage with bona fide intent and fully intended to share a life together. Evidence to demonstrate that you co-mingled your financial and social affairs, lived together (if applicable) and held yourselves out as a married couple while you were married. What about tax returns? Don't forget to take your divorce decree too.


Yep, I have joint tax returns. I can't find the copy of the lease on the apartment where we were living though. And I have the divorce decree. Do u think I'm covered? In terms of joint financials and legal things (ie. wills) I have a folder full.


One issue that is not often mentioned, but should be is that good evidence of legitimacy of the marriage is that it's co-mingling. In other words mingling that's not unilateral. For example, say alien A marries USC B, both have life insurance policies and bank accounts. After marriage USC B places alien A's name on all of his joint accounts, life insurance etc. But alien A does not do the same for USC. Of course this is not a rule, per se, but one should be prepared to offer good reason to indicate why one did and the other did not.
diadromous mermaidFemale02006-01-31 20:45:00
K-1 Fiance(e) Visa Process & ProceduresI-751 question - help please :)

Hi,

I was married to a US citizen, I am Australian. We moved to the USA in April 2002 and in March 2004 I filed I-751. However I filed this on my own as my marriage ended in divorce in Feb 2004 (date the divorce came through). I've been waiting nearly 2 years and finally I have been called for an interview in Los Angeles.

I have loads of info to support my claim our marriage was legitimate, as it was. I have joints bank statements, investments, mortgage paperwork, copies of our wills from that period, photos and cards from family from that period.

Since my divorce I have been travelling extensively and have now started studying.

Can anyone give me feedback on what sort of questions they may ask me now that I am divorced? Am I just proving our marriage was legit or is there other thing I should be aware of?

Thanks.


Yes, the focus will be on determining through evidence that you entered the marriage with bona fide intent and fully intended to share a life together. Evidence to demonstrate that you co-mingled your financial and social affairs, lived together (if applicable) and held yourselves out as a married couple while you were married. What about tax returns? Don't forget to take your divorce decree too.
diadromous mermaidFemale02006-01-31 20:22:00