ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & Proceduresform I-485
I-485 is not required with the IR-1/CR-1 visa. Carefully read the following guides:

http://www.visajourn...p/EZGuideSpouse
http://www.visajourn..._live_in_the_US
http://www.visajourn...tent/i130guide1

For the first step of initially filing the petition, the only forms you'll need is the I-130, 2x G-325A, and the optional G-1145.
SaylinFemaleCanada2010-10-30 14:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTrouble with online NVC payment system
Yeah, whenever I log onto USCIS to check for any touches, I always use IE even though Firefox is my main browser. The USCIS website loads so much faster on IE than Firefox. Most government sites are coded for IE, thus they work better on that browser. So when dealing with the government, use IE.
SaylinFemaleCanada2010-11-02 13:38:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTrouble with online NVC payment system
I'm not sure what browser you're currently using, but a lot of people suggest using IE when using the payment portal. If you're already using IE or after trying it with IE and it still doesn't work, you might have to wait a bit.
SaylinFemaleCanada2010-11-02 13:12:00
IR-1 / CR-1 Spouse Visa Process & Procedurescontinuation sheets format
Put it on a blank paper, not a second G325A form. Just make sure to do the following so there's no problems: put both the beneficiary and petitioner's names and dates of birth as a header, as the title mention its a supplemental sheet for G325A, and include the question number and the actual question, then continue the information. Then just include this paper behind the G325A form. And on the G325A form, on the question number, don't forget to write in 'see supplemental sheet for more info' or something similar to that.
SaylinFemaleCanada2010-11-02 12:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDeterming House Hold Size for I-864EZ
I wouldn't think so.

Taken from the instructions on page 2 of the I-864EZ:

How Do I Count Household Size?

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, the
person being sponsored in this affidavit of support, and any
immigrants previously sponsored with a Form I-864 or Form
I-864EZ affidavit of support whom you are still obligated to
support.

To me, it doesn't sound like you would include your cousin in the household size.
SaylinFemaleCanada2010-11-04 12:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFastest NVC Process!
Thanks Loto. :)
SaylinFemaleCanada2010-10-31 19:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresEntering during IR1/2 with ESTA(VWP)

Hi, I am dual citizen of U.S. and Japan.

I have lived most of my life in Japan and have a wife and son in Japan too.

Since January, I have been relocated to California for work.

 

I have apply for IR1 in January for my wife, there was a misunderstanding from my son's IR2 and started in April.

My wife just got approved from NVC, and my son is still NOA1 at USCIS(NBC).

 

I miss them so much, and I know it will take another 3months at least to get my sons to the embassy.

So, I would like them to visit me here in California.

I call the embassy, and they said there is not reason not to use Esta(VWP) to go, but it is all up to the CBP officer.

 

I undestand that the CBP officer will have the right to decline entry, but if I show enough evidence,

like letter from wife's employer, wife's car pink slip, round trip airline ticket, etc...

would they be able to enter and what evidence is relevant?

 

And also, does the stage that they are help or hurt there right to enter?

(I was able to get them in Feburary with no problem, when the I-130 just started)

 

Thanks

 

 

Can't you apply for your son's US citizenship based on decent? 


britishdakotaMaleUnited Kingdom2013-08-29 08:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresBirth certificate question

It needs to be a certified copy which means from whichever officials deal with the register of births. That would include the original birth certificate or an official copy, the best thing to do is probably to get the family to send it. I think most couriers offer a document service. 


britishdakotaMaleUnited Kingdom2013-09-09 11:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIncome taxes with spouse abroad

 I wouldn't put single. You are married even if the spouse is foreign. 


britishdakotaMaleUnited Kingdom2013-09-19 19:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresA straight up question, give it to me straight.

 

reprocussions if she stayed beyond the time alloted on this trip.

 

Just to answer that last question, from my understanding overstay of under 6 months is forgiven for the spouses of USC when a greencard/immigrant visa is granted. If deportation proceedings were begun or a longer overstay then you would need a waiver. I suspect this would not be relevant though; if you adjust status before the stay expires (although I think you should wait a while I forget the presumption days for B2s) then overstay is not going to be an issue unless AOS is denied. 

 

If you go for consular processing I would advise against overstaying. It can be a long process and an overstay now will mean she will likely have trouble visiting later on. 


britishdakotaMaleUnited Kingdom2013-09-26 22:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresA straight up question, give it to me straight.

Some people on this thread are actually saying that it is illegal to AOS from a B2 visa even with no prior intent. I think it is important that those comments are eliminated if possible, they mean nothing to people that know what the deal is, but they can make a lot of damage to newcomers.

 

You are right in that it is not illegal to AOS from B2. 

 

I would think carefully about what your future spouse did before leaving that may point to intent, e.g. did she quit her job before she left etc. The most important part is misrepresentation, get to write down what questions she was asked at the border and if she got the B2 for this trip what questions were asked at the consulate. 

 

In any event as you can tell people in this forum do not like adjustment of status from tourist visas. Like many others here I was in the position where I could have adjusted but decided to apply for consular processing to be on the safe side. I would suggest you ask the same question in the relevant forums: http://www.visajourn...-tourist-visas/

 

In any event I hope the process goes smoothly whatever you decide good.gif


britishdakotaMaleUnited Kingdom2013-09-26 21:33:00
IR-1 / CR-1 Spouse Visa Process & Proceduresshould we withdraw i130?

I have never understood why NAFTA doesn't include MDs. Canadians don't strictly need a visa for TN status just apply on the border: nurses, pharmacists, medical lab staff could all do this, but not a doctor. 

 

Anyway congratulations on the NOA2; let's hope the government shut down is over soon for the next stages!


britishdakotaMaleUnited Kingdom2013-10-04 23:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1 Visajourney to soon begin!

Congratz...get marry in Norway and file I 130

 

 

*This is just a question (I don't have the answer) could

it be the atty says don't give up lease and utility bills

because it would make it seem spending so much time

in the US and being on a lease seem to say he was living there

on vwp?

 

Supporting evidence is needed so the paper trail could only be helpful. 

 

As to the no living in the US while on B1/B2/VWP I don't really understand the obsession on the forums. Thousands of foreigners own property in the US without issue. Canadian snow birds "live" in the US for 6 month a year without issue. So long as the terms of the visa/waiver are not broken through working etc I can't see this being an issue. Of course I would be interested if anyone has examples of this being an issue. 


britishdakotaMaleUnited Kingdom2013-10-05 23:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan we move to the US while we wait on approval?

He can visit but since he will likely need to show ties to the UK, therefore he should not quit his job and give up residence etc. 

 

I wish we had gone for DCF would have been much faster in the long run. 


britishdakotaMaleUnited Kingdom2013-09-19 10:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTEMP. BUSINESS PLEASURE VISITOR (B) After CR-1 Filing

hi

 

you can't you have a GC, you're a resident. the NOA1 is an extension for 1 year to your GC, the letter plus your GC will allow you to travel and work until you get your 10 year card

 

the B tourist/business visa is for non residents who want to travel to the US

 

He doesn't have a greencard. He has begun the application process. 

 

In any event you can apply but it is probably going to be a waste of money. 


britishdakotaMaleUnited Kingdom2013-12-28 12:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisitor for marriage visa

Marriage visitor visa for the UK aren't for cases where one partner lives there. 

 

"You can apply for a Marriage Visitor visa if: both you and your partner are from outside the European Economic Area (EEA) and Switzerland"


britishdakotaMaleUnited Kingdom2014-03-22 09:43:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWaiting for visa while in Canada

Unless you are a Canadian citizen your entry into Canada is not guaranteed.

 

If you plan to do volunteer work as a visitor in Canada you need to be careful about the role, something can still be consider work even as a volunteer. 

 

Finally you will need to show you can support your wife in the US, I imagine that may be hard if you are not working. 


britishdakotaMaleUnited Kingdom2014-05-13 09:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPlease HELP!

If he is required to file taxes and does not you may run into issues with him being a co-sponsor. You do not need a W-2 to prove income, just tax returns/transcripts a proof of ongoing income would also be useful such as an employment letter or retirement benefits. 

 

Here is the guide for starting the process: http://www.visajourn...tent/i130guide1


Edited by britishdakota, 13 May 2014 - 07:06 PM.

britishdakotaMaleUnited Kingdom2014-05-13 19:06:00
IR-1 / CR-1 Spouse Visa Process & Proceduresjuly interview dates?

 

You got to remember every country is allotted a certain amount of Visas when used up they are gone. All you can do is wait.Your PD isn't current so back in the queue everyone is. So now we are at 01May2012 that's a long way back so all the 2013 have a wait. Sorry.

 

That doesn't apply to immediate relatives of US citizens. 


britishdakotaMaleUnited Kingdom2014-06-02 17:26:00
IR-1 / CR-1 Spouse Visa Process & Procedures#Curious to know this Process#

It is based on the length of marriage at the point of entry, although some people have trouble if their anniversary was between the interview and entry. 

 

Under 2 years marriage (CR1) you get a conditional green-card and have to apply for removal of conditions. Over 2 years marriage (IR1) you don't need to remove conditions although the green-card itself needs to be renewed every 10 years. 


Edited by britishdakota, 14 July 2014 - 05:46 PM.

britishdakotaMaleUnited Kingdom2014-07-14 17:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCanadian in US

You could potentially adjust status although the circumstances of you entering the US will be very relevant. 


britishdakotaMaleUnited Kingdom2014-07-23 17:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhen Exactly to file to fall within the IR-1 but not CR-1?

I'd submit it now anyway, the I-130 is a slow process and you can control the speed at the NVC to an extent. 

 

You also have 6 months after visa issued to enter. Given that someone from Africa may find themselves in AP I'd apply now, that way you can be sure to be reunited after your 2nd anniversary and can potentially be together sooner if you so choose. 


britishdakotaMaleUnited Kingdom2014-09-10 16:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDoes it really take 60 days to process Affidavit of Support and IV documents?

It can, ours took longer than 60 days (just). When we called after 2 months they said could be 60 business days  <_<


britishdakotaMaleUnited Kingdom2014-10-01 03:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDo we need to bring copy of DS-260 for the interview?

I did not have my DS-260 at the interview as I guess I missed that I should have it. I had an interview appointment letter which was enough to get me into the embassy and the CO never asked for it. 

 

I would bring it, not worth hassle or even having to come back to save on a printing a piece of paper. 


britishdakotaMaleUnited Kingdom2014-10-12 20:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresChoice of Agent? AOS payment?

Hello all,

I am a US citizen and I've been living in Japan for 10 years now. Married to a Japanese National for 9 years.
We are planning to come back to the US this year and my wife passed the first step of Visa processing.

I just received two emails that contain the next steps.
However, I'm really confused about what to do next... I hope somebody can clear it up for me!

It says that I need to establish communication and register an agent as well as pay a AOS fee.
Is this all done via email? Do I need to print out this DS-3032 form? How do I know if we are eligible to just use the online DS-261 form?

Pay the Affidavit of Support (AOS) processing fee: I haven't used my US bank account in nearly 10 years although I've maintained a joint account with my mother that I think I can use. Is this OK? If I use the bank account, I can do everything online? If it's money order, what else do I need to send?

Choice of Agent and Address: Can it be me even though I live in Japan? Our postal delivery service in Japan is top-notch. I suppose we could appoint my mom if it were a problem...

Any help would be GREATLY appreciated!!!
Thanks!!!


You can certainly email the DS-3032. But that's the only form you can email. The AOS and IV packages have to be snail mailed. The DS-261 is only eligible to certain countries. Japan is NOT one of them.

As long as it's still open and has enough money in it, you can use it to pay the fees. And yes, it can be done online through the payment portal.

Yes, you can choose yourself as agent, even while in Japan. Don't worry about receiving postal mail from NVC though. If you give over both email addresses to an operator, then all correspondence sent from NVC will be by email.

I highly suggest you click on the last two links in my signature and do some reading. All these questions could be answered there :)
SaylinFemaleCanada2013-03-16 00:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresOther names used question

Informally (i.e. on none of my actual forms of ID) I hyphenate my husband and mine's last names. I have not and do no currently plan to change this on any of my IDs. However, I receive mail from my husband's family either addressed using my husband's last name,or the hyphenated version (they presumed I was going to take his name without even asking). Additionally, in one of the affidavits a friend of our referred to me by the informal hyphenization of my maiden and husband's last name. Should I be including this name in the "other names used" box on the I-130? I want to avoid any possible confusion by whomever reviews our package.


Unless you've formally and legally used the name, then I wouldn't include it in the "other names used". That's more for actual, legal names you've used in the past, such as previous married names.
SaylinFemaleCanada2013-03-17 19:47:00
IR-1 / CR-1 Spouse Visa Process & Proceduresforgot the AOS barcode sheet

thank you so much, you have really made my night and made me feel so much better just by saying that. I did actually send the receipt form but not the barcoded sheet for some reason... don't know if that makes any difference. I have been calling them tons (last Tuesday was the last time, they said they still hadn't received it) so I will call them again tomorrow regardless and check up on my case. really, thank you again. I appreciate it!


The receipt isn't needed in either package. But, since you didn't include the bar-coded cover sheet, it might help them faster.

When did the tracking say your package arrived? And keep in mind, the package won't show up in the operator's system until the review has begun.
SaylinFemaleCanada2013-02-24 22:25:00
IR-1 / CR-1 Spouse Visa Process & Proceduresforgot the AOS barcode sheet

Hi everyone.

So sorry if this has been answered elsewhere, a search didn't turn up much. I just realized that I totally spaced including the AOS barcode sheet when sending the package. I plan on speaking with NVC tomorrow and telling them as well as overnighting the barcoded sheet. However, due to my now crazy anxiety over the situation I wondered if any of you have done the same and if there is anything I should worry about/do instead?? Will they rather have me send the entire package again? If so, will I need to pay the fee again??

Thanks for any help and advice.


Don't bother mailing just the bar-coded cover sheet. Your case should be fine, it just might be delayed by a bit as they'll have to manually check on the status of your AOS fee. You will not have to pay that again. And you won't have to send the package again. Just sit tight and be patient. Once your package arrives at NVC, start calling them once a day to find out the status on your case. In about 1-2 weeks (maybe more since you didn't include the bar-coded cover sheet), they'll review your package.
SaylinFemaleCanada2013-02-24 14:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRecommendations for bringing wife to the US

No, I know all that, but when she went on about it, I thought that's where they had to go because that's the embassy that had the IV unit that "ruled" over denmark.
I can't think of a better word for "ruled" lmao


Technically, they did DCF, but through London (which does have an international field office), yet interviewed in Sweden. Like I said, looking at their timeline, it's complicated Posted Image
SaylinFemaleCanada2013-03-20 08:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRecommendations for bringing wife to the US

That's strange since NOLA just had her DCF interview there today............

http://sweden.usembassy.gov/visas.html


They didn't technically DCF through Sweden. Look at their 'about me' tab on their profile. Their case is unique and very complicated.

http://www.visajourn...130505-nola123/
SaylinFemaleCanada2013-03-20 08:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRecommendations for bringing wife to the US
No Sweden international office: http://www.uscis.gov...000082ca60aRCRD

But filing from abroad (using a foreign address) will probably go a lot faster than filing from within the US.
SaylinFemaleCanada2013-03-19 22:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion regarding the choice of Agent at NVC step

I think both of us do. This isn't the fist time one of us has been busily quoting or replying to the other and something like this happened!


Yup! Posted Image
SaylinFemaleCanada2013-03-21 21:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion regarding the choice of Agent at NVC step

Thank you, I appreciate your help. So we're going to write my husband's name and our french address for the choice of agent, it's easier this way I think :) We'll also give them our emails.

We will live at my husband's mother when we arrive in USA (it's also the place where my husband used to live before coming to France) so we'll write her address as the permanent address where we intend to live for the DS-230. If I understood well, this way we will receive my green card and SSN there. :thumbs:

Thank you B-)


Exactly Posted Image

I had edited my reply while you were quoting it... because I was removing the part you corrected me on... :lol:


Posted Image Posted Image Posted Image I respond too quickly sometimes Posted Image
SaylinFemaleCanada2013-03-21 12:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion regarding the choice of Agent at NVC step

Hello :D

I just got my NOA2 this week and I started to read the LingChe NVC ShortCut. I've got a question regarding this sentence : "The DS-3032 aka "Choice of Agent form, indicates who will make payments and be primary contact. Most people select the US based petitioner.".

In our case, the primary contact is going to my my husband (the USC) who lives with me in France but the person who will make payments is his mother who lives in USA.

Is it OK to chose my husband for the choice of agent even if it's not him who's going to pay ?

Thank you in advance for your answer (F)


Yup, it's fine if the agent isn't the one paying.

I don't believe it matters greatly about WHO is paying since the payments will be made online through the payment portal. The important thing to keep in mind is that the address of the agent is the place where they will send paperwork and the email is where notifications will be sent throughout the process. The address is generally the USC located within the US so that green card etc can be sent there.

At my interview AND my POE they did confirm the address on file for green card and SSN but I don't know if that would always be the case.


It's the address on the DS-230 that matters for the green card. That's the address USCIS uses to mail the green card (and possibly the SSN) to. For the DS-3032 though, the address doesn't matter since, if you give over both email addresses, then NVC sends all correspondence by email.
SaylinFemaleCanada2013-03-21 10:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresConfused on NVC?

So I'm confused about the NVC stage, I have called them they have Recieved my case but they do not have it in the system yet( (just got there 4 days ago). So once they have my case in the system will I recieve a letter in the mail? How do I do the agent of choice? When do I give the my email? Thanks! y other info is greatly appreciated.


I suggest you click on the last two links in my signature. They should clear up all the questions you have ;)
SaylinFemaleCanada2013-03-21 22:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864, filed taxes electronically

Hey guys,

I have a question regarding the I-864EZ. My current income alone suffices to bring my spouse over. However, I filed my 2012 taxes electronically via turbotax but I have a copy of all my tax forms including my 1040a.

I can send that in a copy of the 1040a I filed via turbotax right? Do I have to put in the worksheet forms (like my education credits forms) or just the 1040a alone. Also, should I send in the electronic postmark sheet that turbotax gives you once you file or is a signed copy of my 1040a enough?

also,

I did not file in 2010 and 2011 because I was not required to as I was full-time student in those years. Should I put in a letter stating why I did not file in 2010 and 2011 along with tuition bills from my school during those years?

I plan to put in my employment letter, pay stubs from 2013, and copy of my W2 from 2012.

Any words of advice would be much appreciated!

Thank you!


NVC prefers tax return transcripts, so I would suggest requesting them from the IRS (they're completely free). You can do so here: http://www.irs.gov/I...er-a-Transcript Every time I or my husband have ordered them, they've arrived in less than 2 weeks, in most cases, under a week for us. You can also go request one at a local IRS office, if there's one near you.

If you didn't file in previous years, then yes, include a statement about why you didn't (no income). No need to include any supporting documents for being in school.

And if you include a tax transcript, you don't need W2s, just the transcript.

Also, please fill in your timeline. It helps others, especially when trying to answer questions.
SaylinFemaleCanada2013-03-25 08:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresBoth Living Abroad and no DCF Option

My wife and I married and live in Panama. There no longer exists an office for DCF at the Embassy. We filed through the normal process at USCIS Lockbox and the I-130 was approved in 65 days this past week. (March 20, 2013). She is Colombian so we will be going to Bogata for the Visa Interview. However, i am unclear how we handle it after that. My understanding is that she must enter the US in less than 6 months and file a Change of Status. Then a green card is issued and then she can travel again but not before. I don't have close family members she can stay with so she'll be living in a hotel or with friends waiting for the time when she can travel. Does anyone know if there is an exception available to individuals that live and work abroad so we don't have to be seperated for a month or more? Any insights would be welcome.


On an IR-1/CR-1 visa, you immigrate to the US before the visa expires (which is typically 6 months from issuance).

For IR-1/CR-1s, there is no "Change of Status". I'm assuming you're referring to Adjustment of Status (AOS) which is done by K1s (fiance visas). So, once in the US after endorsing the visa, your wife will be a permanent resident. She can travel as she pleases as soon as she arrives. Heck, she can turn around the same day and travel back to Panama or Columbia if she wants to. There's no restriction on travel for those immigrating on an IR-1/CR-1 visa. You're mistaking it with K1 immigrants where they're not allowed to travel until they get a green card (which is after a successful AOS process) or they apply for and receive AP (Advanced Parole). But, again, this doesn't apply to your wife, as she'll be arriving on an IR-1/CR-1 visa.

And why exactly would you two be separated? Are you staying there after she moves to the US? Posted Image
SaylinFemaleCanada2013-03-25 14:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNo IV bill yet been 2weeks pass

yup, that's the trick I've written about, and it works for many people.

I not know if it works for people using pink/purple coloured text, though...


excellent ! spend yer free time today, reading the links that dWheels has posted, from a PC . Handphones suck for VJ usage, you miss 80 percent of the usability of the site.


Posted Image
SaylinFemaleCanada2013-03-26 10:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNo IV bill yet been 2weeks pass

It has been 2 weeks already since we had heard from NVC about our AOS and DS3032..we submitted our choice of agent via email still no email stating it has been accepted. We also had paid our AOS bill, and now waiting for our IV bill to be generated so I can send our I-864 and the IV bill,and it has been 2weeks pass and still nothing :blink:


The IV bill is only invoiced after the DS-3032 has been accepted and added to the case file. Have you called NVC to inquire about the status of your DS-3032?

Remember, the AOS and IV are two different tracks. You don't need to wait for the IV bill to be invoiced or paid before you can send the AOS package. If you've paid the AOS bill, you're able to send the AOS package now.
SaylinFemaleCanada2013-03-26 10:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS261

Where can i find this form? I found a DS3032 form which had an expiration date of 3/31/13/


Only those in countries eligible to do online forms can do these. Unfortunately, India is NOT one of those eligible countries. You can only file the non-online forms. So, you have no choice but to do the DS-3032 (and DS-230).

Link to eligible countries can be found here: http://travel.state..../info_5165.html
SaylinFemaleCanada2013-04-01 17:08:00