ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresFrom failed K-1 Visa to CR-1 visa
Damn Attorneys

#1 you could have filed an new K-1 and you had a perfectly explainable reason why the first one was not completed. Anyway that is water under the dam.

You are now married :thumbs: congratulations.

#2 Kick that lawyer in the A*s and forget about him. Read the guides, file the CR-1 and don't pay that guy another penny ever.

File the I-130 - when you get to Part D, Question 2, check yes and tell them what happened. If you need more space add it as a supplement. You have to tell them before you apply, it will be covered under this question.

Keep this in mind - you were not denied and never failed.

Thank god you are ok now and are able to pursue you love and happiness together.
Bernie CMaleVietnam2010-04-22 13:25:00
IR-1 / CR-1 Spouse Visa Process & Proceduresfiling CR1 with stepchild
If you browse down through the recent topics here in the VN portal, there was recently another case where Terry1 had run into some difficulties with his step child and the proof or relationship to his wife. May give you a heads up on things required for your upcoming case and info to gather.

We were K-1 so I dont have much experience with CR-1 or kids & step kids but the others will come along and let you know how it went for them.

You will need to file a separate I-130 for each eligible relative.

Good Luck to You both!
Bernie CMaleVietnam2010-04-21 14:54:00
IR-1 / CR-1 Spouse Visa Process & Proceduresgoing with k3 after receiving k1 visa
Wow, so close and yet so far. I suppose its then time to start all over, probably the thing to do would be start CR-1 filing.
Bernie CMaleVietnam2010-04-30 07:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI'm a U.S. Citizen, Marrying a Canadian in Toronto, Then Both Living in US

Yes she should be able to visit you in the US. It is true that some CBP officers can be much more difficult than others so she should be prepared with documentation that shows strong ties and that she is returning home.

Its much more difficult for some countries but the folks in the Canada forum will guide you on what is needed.

And yes, its fine to talk I-130, the CR-1 is for people filing sho have been married for less than two years, IR-1 is for folks who have been married longer. The difference ends up when doing AOS. If your married less than the requirement you get a conditional green card and then have to remove conditions later. Don't worry about that yet, you'll have plenty of time to read and understand that part as you go. Focus on the guide and understanding the initial petition requirements for now.

The good news is your getting started early with learning about what to expect!


Sorry if I got the "who is the he (fiance)" and "who is the she (fiancee)" part incorrect, I should pay a little closer attention sometimes :blink:
Bernie CMaleVietnam2010-04-30 13:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI'm a U.S. Citizen, Marrying a Canadian in Toronto, Then Both Living in US
Yes she should be able to visit you in the US. It is true that some CBP officers can be much more difficult than others so she should be prepared with documentation that shows strong ties and that she is returning home.

Its much more difficult for some countries but the folks in the Canada forum will guide you on what is needed.

And yes, its fine to talk I-130, the CR-1 is for people filing sho have been married for less than two years, IR-1 is for folks who have been married longer. The difference ends up when doing AOS. If your married less than the requirement you get a conditional green card and then have to remove conditions later. Don't worry about that yet, you'll have plenty of time to read and understand that part as you go. Focus on the guide and understanding the initial petition requirements for now.

The good news is your getting started early with learning about what to expect!
Bernie CMaleVietnam2010-04-30 12:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI'm a U.S. Citizen, Marrying a Canadian in Toronto, Then Both Living in US
You can get married anywhere you'd like. If you want to get married in Canada there is no reason why you cannot.

You can also get married in the US if you'd like - however if your fiancee comes to the US with the intent to get married (which is already pretty much established that the two of you have the intent), she will need to return to Canada while you file the petition.

You will have to wait till after you are married to file for a CR-1.

Your other option (if you decide you want to marry in the US), is that you could file now for a fiancee visa and then get married here after her visa is approved. If that would be an option you would consider then you'll want to read through the K-1 guide.

You really have some options to discuss together, depending on where and when you want to marry.

Visiting each other during the process will be a topic to review and discuss also.

The main difference between chosing between K-1 and CR-1 in your case would be that you can file for K-1 now and you would be in your 4th month in August so you'd proabaly be looking at late in the year for her to come to the US to marry.

If you file CR-1, then you have to wait until you are married to file and she would have to wait till after approval to immigrate. So if you married in August you'd likely be looking at early 2011.
Bernie CMaleVietnam2010-04-30 11:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI'm a U.S. Citizen, Marrying a Canadian in Toronto, Then Both Living in US
Best place to start is with the CR-1 and I-130 Petition Guide.

Click on the guide section at the top of the page and follow through all the reading in the guide.

If you get married in Canada, then you will need to return to the US and file the petition.
Read everything very carefully so you have a good understanding of the process.

You'll have lots of questions - but read the guides first to gain an understanding. You'll get lots of support here and there are LOTS of experienced members specific to Canada who can help guide you on specifics for the consulates there.
Bernie CMaleVietnam2010-04-30 11:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI have finally refiled
While it is very wonderful that your wife is pregnant and a very urgent matter for the petitioner and beneficiary, the USCIS and Consulates do not view this as an urgent matter when it comes to the immigration process.

Good luck (and congratulations - I hope everything goes well)
Bernie CMaleVietnam2010-05-03 16:30:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion
I wouldn't worry about that - come to think of it - I dont think the dates are off at all, just depends on what continent you are on in perspective to the date and time :hehe:

Easily justified if it were to crop up!
Bernie CMaleVietnam2010-05-04 15:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNew to Visa Journey
Welcome to VJ and Best Wishes on your journey!
Bernie CMaleVietnam2010-05-04 13:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPotential RFE...
I wouldn't stress about it too much. It's an error but in my own opinion I don't think it's that big of a deal.

If it should happen to come up at least your already in the know about it. I do not recollect hearing of rfe's concerning these particular questions before.
Bernie CMaleVietnam2010-05-07 14:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresK3 bonafide
Look in the guide section here also, there is list of things. The only thing I would mention in regards to the list is that it says Items 1 or 2 or 3 or 4 or 5 or 6.

Because of the consulate you are dealing with I might suggest you make those ANDs and not ORs and provide as much evidence as possible. You likely wont have 1-3 or 4 so focus on 5 and 6.

1. Documentation showing joint ownership or property; or
2. A lease showing joint tenancy of a common residence; or
3. Documentation showing co-mingling of financialresources; or
4. Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or
5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or
6. Any other relevant documentation to establish that thereis an ongoing marital union.
Bernie CMaleVietnam2010-05-07 16:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresURGENT! Form I-864, Affadavit of Support Question
Also you may want to double check which affadavit of support you need to send. For K-1, most consulates require the I-134 affadavit of support for the interview, the I-864 would be used when filing for Adjustment of Status after she arrives to the US and you are married.

This would be indicated in packet three which the consulate send to the beneficiary after they receive it friom the NVC (which is after the USCIS approves the petition).

It is not a required document for the I-129f petition packet that you send initially.
Bernie CMaleVietnam2010-05-10 06:37:00
IR-1 / CR-1 Spouse Visa Process & Proceduresdo i need to wait for rfe
I agree with sachinky. If you have a case number you COULD send the info but likely it would just confuse them and they would want it to be sent again with the RFE reply.

I know you want to keep thing moving but sometimes its best to wait it out.
Bernie CMaleVietnam2010-05-14 15:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFastest Processing?
Read the instructions and file at the location specified. Depending on your location there will be a specific address to file. You do not get to pick and chose.
Bernie CMaleVietnam2010-05-18 07:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview for IR-1/CR-1
In your circumstance the interview for CR-1 would be conducted in Montreal.

I think you may be confused on the requirements with a different type scenario. If a couple met and were married (with no previous intention of getting married) and residing in the US they would apply and be interviewed in the US. There is specific criteria that has to be met or it could be construed as visa fraud.

In your case - you are married and your husband resides in Canada. I am not aware of any provisions in your situation that would permit the interview to be conducted in the US.

I'm not so great at explaining things - have your read throught he guides section here on VJ. Maybe someone can explain it better - its been an extremely long and challenging day.

Wish you the best!
Bernie CMaleVietnam2010-05-19 15:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCertfi: Originals to NVC ?? Copy to VFS??
Send copies of originals for things like Birth Certificates, Divorce Decrees, etc to the NVC and take the originals to the interview.
Bernie CMaleVietnam2010-05-20 06:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS fee???
What path are you following? K-1, K-3, CR-1?

You only mention sending a I-129f but you posted in the CR-1 spouse visa procedures forum.
Bernie CMaleVietnam2010-05-20 06:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFile I-130 while in US?
EWLD = Exploring the World of Lucid Dreaming :wacko:

I don't know of any reason why the I-130 Petition can not be started while your husband is here visiting.
Bernie CMaleVietnam2010-05-14 15:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE for Birth Certificate, need help!
Just a note on this subject. I also have my original Birth Certificate (1963).

I found out many years ago that it would not be accepted as an "official record" as it has no raised seal and is formatted differently then the ones issued nowadays by the Division of Vital Records.

I went and got a new one from the Division of Vital Records and it has the raised seal mark on it.

So many years later when I applied for my fiancee's petition I took a good look at it and much to my dismay - I did not have my parents names on it - just mine!!!!!!!!! How crazy is that.

In the end, I sent a copy of my original from 1963 - the original certified copy (since I want to get a new one anyway with "all" the names in it AND all the pages of my passport!

Seems like overkill but it worked.

Just throwing that out there - in some cases even "the original" is not good enough!
Bernie CMaleVietnam2010-03-30 06:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresBad affidavit still a problem if there is a joint sponsor??
So your planning on DCF (Direct Consular Filing)?

If that is correct, read up on the DCF sections and info here on VJ and post your questions in the DCF forum. There are some requirements specific to DCF and also specific to individual consulates.

There is info on the I-864 and domicile requirements and also on joint sponsers.

Start with this link What is DCF and why do I care?
Bernie CMaleVietnam2010-05-27 11:26:00
IR-1 / CR-1 Spouse Visa Process & Proceduresphone calls, text, chat logs
Its really up to you how much to take and how much you have. Some have taken a suitcase full and others only handfulls.

I would print some from each month that show continual communication over the time period.

Lets see - if you printed one from each week x 12 months x 4 years = 192
Same for chat?
Phone records - 12 x 4 = 48
192+192+48=432 pages (Is it starting to get heavy yet).

The funny thing is - if you take a ton they may not ask for any, if you take a few they may say "is that all". Its crazy!

My best recomendation is to take an amount that you feel confident with (and check with other PI filers to see what they did too!
Bernie CMaleVietnam2010-05-28 12:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 in US or India?
That will not be sufficient to meet the DCF requirements for India.
Go to the New Dehli US Embassy website and read up on the requirements. I copied the info below from their site. I don't think a 30-45 day visit is going to do much for you in relation to trying to DCF. Better plan on CR-1 processing.

The U.S. Citizenship and Immigration Services at the U.S. Embassy in New Delhi accepts I-130 petitions from U.S. citizens who reside in India. U.S. citizens whose principal residence is not in India, and/or are abroad temporarily as a visitor or on business, must file the petition in the United States.

If you are not eligible to file in New Delhi, you should file the petition with the U.S. Citizenship & Immigration Service Center having jurisdiction over your place of residence or last residence in the United States. Lawful Permanent Residents must file the petition in the United States.


Evidence of Residence

Proof of such residency will include a U.S. passport with an appropriate long-term, valid Indian visa and a Registration Report and Residential Permit issued by the Foreigner’s Regional Registration Office (FRRO) of the Government of India. Additional evidence should include, but is not limited to, on-going employment in India, taxes paid in India, rent/property receipts, and utility receipts in India.

United States Citizens may file their petitions between 09:00 a.m. to 12:00 p.m. on all normal business days i.e. Monday through Thursday. The Petitioners must comply with the filing requirements of this Office.

United States Citizens MUST BE PRESENT to file their petitions. If a United States Citizen is filing for a spouse, it is recommended that the spouse also appear so that immigration officials may ask any questions necessary for the adjudication of the petition.
Bernie CMaleVietnam2010-05-26 12:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTemporary Visa (visit to US) while we wait for case to complete?
Sure its possible. She will need to abtain an ESTA and meet the requirements (see link)
My link

She may need to provide significant ties to her home country to satisfy CBP, just because ESTA or a visa has been issued does not gaurantee entry.
Bernie CMaleVietnam2010-05-24 08:44:00
IR-1 / CR-1 Spouse Visa Process & Proceduresgot laid off, what do i do support my husband for I-864
The I-864P is the Poverty Level Guidleine - I-864P

You can use anyone who is willing as a joint sponser (keeping in mind that their income must meet the level established in the guide for the required number of people derived).
Bernie CMaleVietnam2010-06-04 12:08:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIntended Immigrant's income in A-864
The below section is from the I-864 instructions.

Can the Intending Immigrant Help Me Meet the Income Requirements?
If certain conditions are met, the intending immigrant's income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status.

I am not sure what additional "certain condidtions" there might be but it does appear that it may be possible. I'm sure you will get some more concrete answers from others who may have had a similar instance.

Best Wishes
Bernie CMaleVietnam2010-06-03 08:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMontreal Interview Review!!
Congrats! Good Luck along your journey through life TOGETHER :thumbs:
Bernie CMaleVietnam2010-06-09 12:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion on Affidavit of Support
Its my understanding that yes, you can use child support.

You will likely need to provide a copy of the court order that proves the amount and duration.

Also - they may take into account how long the order for support is valid. For the I-864, its not only the current level of income but you ability to maintain that income for the required duration.
Bernie CMaleVietnam2010-06-10 12:08:00
IR-1 / CR-1 Spouse Visa Process & ProceduresConfused about my NOA 2
That would be your sweety silly!

You are the petitioner and your spouse is the beneficiary!
Bernie CMaleVietnam2010-06-11 14:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWedding location for CR1
Sure you can! :thumbs:
Bernie CMaleVietnam2010-06-11 13:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTax returns for AOS??
Since you sent the originals to the IRS you only have copies - right!

You have two options:
1) Get IRS transcripts
2) Send copies of your complete tax returns including w2's and all schedules filed (this happens to the the route I'm taking)
Bernie CMaleVietnam2010-06-11 14:32:00
IR-1 / CR-1 Spouse Visa Process & Procedures212g (2) (b)
Should not present any problem.

I presume you received a waiver from the panel physician. Could have been for a number of reasons. 212g (2)(b) has to do with this.
Bernie CMaleVietnam2010-06-19 11:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresJust Got Married, Now What?

So, overall with my situation, is it best to take the CR-1 route? I don't want to take the risk of being banned from the US and not be able to see my husband :(


My intent was not to scare you away but to inform you of the potential problems with marrying and filing AOS from the US. It is done frequently with many success and many failures. Ultimatley the decision is yours.

If it was a 100% sure bet I would never have even mentioned it. I am very happy for you and your husband and its awesome that you got married. I was not implying that you did anything wrong - I certainly could not make any judgement as I do not know anything about you. I merely wanted to point out that its not a sure bet and to give you something to research.

If someone didn't point it out and it went the wrong way - then you would have been led down the wrong road without all the necessary information to base your decision.

I hope you didn't take what I said as implying that you did have intent. Often I view posts with the mindset of a interviewing officer - it changes the perspectives. We all think they should approve all of us with no hassles but we must also remember what their job is in the scheme of things.

Wish you the best for a long and wonderful life TOGETHER.
Bernie CMaleVietnam2010-06-23 05:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresJust Got Married, Now What?

Oh please. They don't keep records of "getting hassled" so it's not going to count against them. If they say they had no intent of getting married, then in good faith I believe them. And no offense to the OP, but I think their lack of immigration information shows that they didn't have some evil masterplan in mind when they had a very exciting impromptu wedding. Don't make people paranoid and make the process even worse for them. USCIS.gov says if your spouse is currently in the USA, then you file concurrent I-130/I-485. Enough said.


I'm very happy for the OP and their marriage - its a wonderful thing.

As for you - take your "Oh Please" somewhere else. Since they are apparently very inexperienced they need to be told about ALL the possibilities.

While there have been many succuss stories of people getting married in the US and AOS'ing there are also many who have failed and suffered the horrible consequence. I am simply pointing out the possibilities and chances so they can research and make the best decision.

It would be irresponsible to NOT tell them about the negative possibilities and lead them only down the yellow brick road without telling telling them there is a wicked witch that lives along that path too.
Bernie CMaleVietnam2010-06-23 05:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresJust Got Married, Now What?
So look at it this way (think as if you were a USCIS officer).

You were hassled previously at the border by CBP because they thought you "might" have intent to stay.

Now you enter on June 5th (a Saturday). You got unexpectantly married. Lets see - depending on where you got married you most likely could not apply for a marriage liscence on a weekend - so you basically got married within 10 days of being able to apply for a liscence.

From a USCIS officer standpoint - would you think that looked a bit fishy?

Just throwing up a warning - you may want to consider filing CR-1 (you can start that now while you are here), and returning to Canada to process the visa. It would be absolutly awful for the two of you if you were denied and banned because they suspected "intent".

It works for some but its no gaurantee. What risk are you willing to take.
Bernie CMaleVietnam2010-06-22 16:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresA significant reduction in I130 approval
Report of the Visa Office 2009

Here is some more information for data crammers.

Remember this too, the USCIS does not issue visas, they only process petitions. The DoS is the visa issuer.

Petitions are approved at a higher and faster rate than visas.

I don't have the time to divulge in months of statistical analysis (as much as I would love to!!!!!!!!! - I really do) but it would seem apparent on the surface that as consulate become more backlogged that it would also have an affect on the petition process. I have nothing to back that up other than what seems to be sensible to me. If I was already buried under a ton of bricks, I would tend to request that the brick supplier back off a bit and allow me time to "dig out".

Just Saying!
Bernie CMaleVietnam2010-06-08 11:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHealth insurance
Unfortunaltey when it comes to health insurance, the rules are not the same for every company, policy etc...

It's a difficult topic to advise on since we do not know the specific of your husbands insurance plan and the contract his company has with the provider.

I was able to add my wife before we were married. Our provider has an opt for domestic partners. We have an ongoing open enrollment, the only stipulation is that if you add someone during a month the policy does not become active till the first of the following month. Our provider is Blue Cross Blue Shield (which our company just switched to from Health Assurance).

We did get married a few weeks after her enrollment and were actually married the day before the policy went into affect.

I know if some companies which only allow additions during certain periods of the year, unless of special circumstance such as a new born. It can get complicated. It does not make sense to me that if a couple got married that the spouse could not be added but it is what it is.

One other thing, don't necessarily give up, keep pushing and trying to get in touch with other reps from the provider. Some just dont know their jobs very well and how their own system works and what the actual rules and regulations are within their own company!

I hope you can find an answer.

We were very lucky, about two weeks after my wife was added to my policy, she passed out and I had to call an ambulance. She had tons of tests done and in the end she is ok. She was dehydrated and through a combination of things this led to her passing out. I just got the bill and it would have been about $2,000 for the few hours we were in the ER. Luckily I only have to pay a $100 deductable.

If you cannot get onto the hubbies plan for an extended period maybe you can get a temporary policy that covers emergencies. I doubt they are cheap but then again your health is tops on the list and you never know when "things happen".

Best Wishes and Good Luck.
Bernie CMaleVietnam2010-06-10 06:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresK3, K4 Visa converted to CR 1 by National Visa Center
Darnel, where are you?

To the OP - need to establish something first here, is the child your child? If the child is the offsping of you and your wife, then I don't think the child requires a visa. You need to file for birth of child abroad get the little one a US passport. That would solve this issue altogether.

Just need that clarified.

Where the heck is Darnel when you need him :bonk:
Bernie CMaleVietnam2010-05-05 14:09:00
K-1 Fiance(e) Visa Process & ProceduresI-134 (K-1 Visa) Support Question
The I-134 will not be needed until the interview. I submitted the I-134 along with the past 2 years tax records (1040 and 1040 Schedule A), letter of employment, pay stubs and bank statements for past 6 months. I should have also included W-2's but didnt (shame on me I forgot them). Turned out the CO took the I-134 and a few pay stubs, didnt even look at the bank statements or the letter of employment (My salary range is 50-60k). We got pink today!
Bernie CMaleVietnam2009-12-15 02:25:00
K-1 Fiance(e) Visa Process & ProceduresWORRIED
QUOTE (crede @ Dec 29 2009, 04:51 PM) <{POST_SNAPBACK}>
My fiance recently have I-129F approved. He make mistake on date when we first met. He said first time we met was Feb. 13-20th 2006. We actually first met on Feb. 18-21 2006. I was in Hong Kong for for one month (visiting my sister) prior to meeting him and got back to philippines on Feb. 17th 2006. Will embassy know my exact dates of entry in and out of philippines, if so will this cause a problem at interview time. I know its a big stupid mistake but iam worried that it could cause problem. Should he try to contact us embassy in manila and explain the typo. Im Worried.


Should not be a worry at the stage you are in. When you prepare for your interview you will want to make sure you both have all the dates in your relationship timeline squared away and be sure you both know the same dates and events for that. Congrats and good luck.
Bernie CMaleVietnam2009-12-30 10:39:00