ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & Proceduresbring my wife to the US
Read this, specifically the first 2 post.
LeatherneckMalePhilippines2012-03-25 04:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWe got married, filed for I-130 spousal visa and then I had to leave. Approved intreview about that in SFO, how do we make it for the last interview
Based on the way you explained your situation, you're mostly concerned about the fact you existed the country to go home to deal with a serious legal and family matter. Considering your husband has already had an interview in SFO that turned out satisfactorily in your favor - it seems the same evidence would serve you well in explaining why you left the country when you have your upcoming interview. Be prepared to present the court documents confirming the proceedings did in fact occur, which supports your sole reason for leaving. An affidavit from the attorney that represented you in that case and the documents from the court should be solid evidence to justify your actions where that is concerned.

Would the presence of a lawyer during the interview make that much of a difference? The court documents confirming the proceedings you were a party to should speak for themselves - coupled with a statement/affidavit from the lawyer representing you in that matter.

You can except to be questioned about existing the country - but as stated above, you should be prepared to deal with that, your husband did so successfully in SFO.

Be prepared to explain (if the question even comes up) and prove you had no intentions of getting married during that visit and have proof you had strong ties to your country with every intention to leave before your authorized stay expired, had it not been for marrying your husband.
LeatherneckMalePhilippines2012-04-12 02:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS-230
Place "N/A" in the blanks.
LeatherneckMalePhilippines2012-04-12 15:46:00
IR-1 / CR-1 Spouse Visa Process & Proceduresds-230 questions
Yes that is properly done.
LeatherneckMalePhilippines2012-04-12 17:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 approved in Abudhabi
It's not a problem where your wife enters the U.S. from. However, I agree, if she does seek to exit the Philippines with a pretty CR1 in her passport - she'll need a CFO sticker.
LeatherneckMalePhilippines2012-04-14 09:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAfter sending the affidavit and payment

hi leatherneck we still waiting for the invoice of IV so that my husband will pay soon it all takes very long :( when the NVC say like this "we received already the DS 3032" meaning they accepted?thank you.


Have your husband call NVC to get an update. When the DS-3032 is accepted, a few days later you should get the IV fee invoice. Just stay on top of your case daily.
LeatherneckMalePhilippines2012-04-15 06:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAfter sending the affidavit and payment

Thank you leatherneck for the infomation the ds3032 is accepted already in NVC my husband pay the aos and it appear paid already lastly he send the affidavit documents couple of days past. I hope by next week we will receive the invoice for the IV so that he can pay immediately. I hope no RFE really because it will only delay the papers :)


Great! Then you're almost done with NVC - soon you will have that most wanted CASE COMPLETE.
LeatherneckMalePhilippines2012-04-13 20:38:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAfter sending the affidavit and payment

hello friends,

What is the next step after paying and submitting the Affidavit? Is it the visa fee and how long it will takes to get the invoice for paying the visa fee?
Thanks for all your help.


In my first reply, I merely posted a link and a comment, let me answer you with a bit more detail. As far as how long it takes, it takes days to get the IV fee invoice after the AOS fee is paid and the DS-3032 is accepted. When the IV fee is invoiced - your husband should pay it immediately. The process follows a path as laid out below, the time it takes to get through NVC can be days, weeks or months. It depends on how proactive you and your husband are.

After the AOS fee is invoiced and paid,

The AOS package is sent

The DS-3032 is accepted,

The IV bill is invoiced

Pay the IV bill

AOS is reviewed

Then the magical CASE COMPLETE (hopefully with no RFEs)

Interview date assigned

Case sent to USEM

Then medical & interview - you're done!
LeatherneckMalePhilippines2012-04-13 14:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAfter sending the affidavit and payment

hello friends,

What is the next step after paying and submitting the Affidavit? Is it the visa fee and how long it will takes to get the invoice for paying the visa fee?
Thanks for all your help.


Click here to read a very informative thread - the first two post will help you.
LeatherneckMalePhilippines2012-04-13 11:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarried in Philippines....

Yes. this is true if the petitioner is A US citizen.


Minus any indication of not being a citizen -- I assumed the OP is a citizen. Additionally the OP mentioned not wanting to pursue the I-129f petition option, which is only available to citizens.
LeatherneckMalePhilippines2012-04-16 20:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarried in Philippines....
You're looking at your I-130 petition being at USCIS for 5, 6 or 7 months, then another 30 - 60 days for the NVC stage. The process will not take you years to complete, just months.
LeatherneckMalePhilippines2012-04-16 14:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhen to do medical?
Your husband can have the medical performed at his convenience - there is no need to wait for NVC.
The medical is valid for 6 months, therefore the visa will reflect the same validity.

Medical

Edited by Leatherneck, 15 April 2012 - 04:27 AM.

LeatherneckMalePhilippines2012-04-15 04:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNOA2
Congratulations!
LeatherneckMalePhilippines2012-03-26 15:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNVC stage and need you ideas and opinions
1. Yes you can delay and/or slow down the process, NVC can only act based on you following up by submitting documents or paying the invoices. The 1 year starts from the last official contact between NVC and you. Based on what you wrote -- you have plenty of time to work your plan.

2. Other than including the newborn on the I-864 for purposes of determining your household size, there is no requirement to make any extra effort to inform NVC about the birth of your baby.

3. You submit the AOS package when you're ready to move forward. You will not be the first to submit the AOS several months after payment of the invoice.

4. Yes, you need to correct any mistake regarding your name -- names matter.

Paying the IV fee and submitting the IV package are the final steps in the NVC process you have any control over.

Edited by Leatherneck, 20 April 2012 - 11:59 AM.

LeatherneckMalePhilippines2012-04-20 11:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresBringing my Ecuador wife to US
Guayaquil is well known for being a hellhole of a consulate. Read in "Reviews" about the how things are done in Guayaquil, the drama they put couples through and the wholesale denials they're known for.

You would serve yourself well to read the reviews for that consulate.

http://www.visajourn...age=1&dfilter=5

Edited by Leatherneck, 09 March 2012 - 03:00 PM.

LeatherneckMalePhilippines2012-03-09 14:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAPPLIED BOTH K3 AND I-130
There is nothing for you to cancel -- the I-129F petition will be closed at the NVC. The I-130 will be continue to be processed until Case Complete, upon successfully completing your interview, depending on how long you've been married, you will be issued an IR-1 or a CR-1 visa.
LeatherneckMalePhilippines2012-05-06 23:22:00
IR-1 / CR-1 Spouse Visa Process & ProceduresShould I hire an immigration lawyer?

Thanks to everyone for your feedback.

When I read the 130 form, it referenced using the 129f form in order to get my wife to the USA while the 130 is pending.

Is this now the incorrect procedure?

My scenario is as I've described. I am not aware of anything that could complicate the process.

You say, "interview in the Phillipines instead of Canada?" Wow!...now that sounds complicated due to travel and timing.

Must do some more research but I will read what you've recommended.

Thank you


The I-129F will be administratively closed at NVC, save the time and effort since it gets closed anyway. File the I-130 and call it a day.
LeatherneckMalePhilippines2012-05-17 05:26:00
IR-1 / CR-1 Spouse Visa Process & Procedureshelp..what to do with our situation?
OP, when a man takes a woman as his wife, that changes the dynamics of all other relationships -- including the relationship with his mother. He can make sacrifices on behalf of his mother -- but not at the expense of his wife and child.

Not knowing all variables involved here - on the surface, it seems employment would solve some major issues here.

Edited by Leatherneck, 21 May 2012 - 02:31 PM.

LeatherneckMalePhilippines2012-05-21 14:29:00
IR-1 / CR-1 Spouse Visa Process & Procedureshelp..what to do with our situation?
There is no way to immigrate without an AOS, the supporting documents and/or a joint sponsor. If your husband was a doctor, can he get one of his old colleagues to joint sponsor, as a favor? Good luck OP.
LeatherneckMalePhilippines2012-05-21 03:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresK3 Vs CR-1

Noooo we are still on k3 process.. but I am hoping if anyone here can answer me.


The I-129F petition filed by your husband will most likely be administratively closed, then NVC will continue to process your approved I-130 petition -- thus you will automatically be on the IR-1/CR-1 track. At the time of your interview at the U.S. Embassy in Manila, if your marriage is less than 2 years -- you will be issued a CR-1 visa, if your marriage exceeds 2 years -- you will be issued a IR-1 visa.

The K-3 is a visa that is rarely issued, it is basically an obsolete visa option. I hope that answers your question.
LeatherneckMalePhilippines2012-05-04 01:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWe're Stuck!

thank you so much. I hope and pray that this paper works will be over soon. :thumbs: :unsure:


You're welcome - good luck!
LeatherneckMalePhilippines2012-03-18 06:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWe're Stuck!

Just because all these things happened, will it affect his petition for me? Will the NVC take this as a problem? I mean not filing his income tax? Were really stuck with the NVC process because of this, but much more on this, I really don't know how he address his tax problem. He said, he thinks that the gov't owes him money and not the other way around. Is that possible?


If your husband files his back taxes, your process can get back on track. It affects his petition in the way of slowing down the process since NVC has requested those returns.

Yes it is very possible he is due a refund, however, he'll not know that for sure until the tax returns are filed. Normally when people don't file the federal tax returns, they also do not file the state returns, in those years of unfiled tax returns between state and federal, your husband very well could be due money or he could owe money also. That's why it's important to seek a perfessional that will use all existing deductions and tax law to squeeze every dollar from those returns.
LeatherneckMalePhilippines2012-03-18 05:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWe're Stuck!

Hello VJ'ers

I really need your advise please.

My husband (petitioner) worked in a good and big company in US for almost 4 years up to the present. In his payslips, deductions were made to his salary for his tax. He said he pay taxes including his income tax regularly thru the company but he did not file it. (I really don't understand what does it mean). Now the NVC asked him to submit his income tax return for the last six years including last year for his AOS. He already talked to their company's accountant last month and work with all his papers for the taxes and promise him assistance but until now we're still immovable. Who could really helped us in this situation? the accountant?, the IRS?, or better we need to get a lawyer?

PLEASE HELP!


Income taxes are not paid through an employer (unless wages are being garnished for the payment of back taxes) and any money withheld from the employees wages is determined by the number of deductions or exemptions claimed on the form W-4 at the time of employment or at any time the employee decides to change the number of exemptions.

The filing of (form 1040) taxes is strictly the responsibility of your husband, the company plays no part in that. Filing back taxes are not that complicated if the company will provide your husband with duplicate W-2s, your husband can get the appropriate form 1040s for each year he needs to file the back taxes for from the IRS or from an accountant/tax preparer. If his taxes are complicated with lots of "Itemized Deductions" then an accountant/tax preparer would be highly recommended. Even if your husband does not have lots of "Itemized Deductions" the use of an experienced tax preparer or accountant would be wise considering the several years of back taxes that need to be filed and the enormous interest and penalties that have accrued.

An accountant or an experienced tax preparer would be worth ever penny if they can prepare returns where the government owes your husband money and not the other way around. Otherwise, the interest and penalties can be expensive. No need for an attorney, this is not a criminal matter.
LeatherneckMalePhilippines2012-03-18 02:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresINTERVIEW DATE AT LAST
There are no other fees you need to pay prior to the interview.

Don't forget to complete the CFO counseling.
LeatherneckMalePhilippines2012-06-07 02:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresK3 (I-129F) - Obsolete?
http://travel.state....es_2993.html#21




Important Notice: Effective February 1st, 2010, when both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

The nonimmigrant K-3 visa case will be administratively closed.
  • The application process explained below will not be available to the foreign-citizen spouse and cannot be used.
  • The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage.

  • If the NVC receives the approved I-129F petition before it receives the I-130 petition, the NVC will process the I-129F petition. NVC will then send the I-129F petition to the U.S. Embassy or Consulate in the country where the marriage took place. If the marriage took place in the United States, the NVC will send the petition to the U.S. Embassy or Consulate that issues visas in the foreign-citizen spouse's country of nationality. If the marriage took place in a country that does not have a U.S. Embassy, or the Embassy or Consulate does not issue visas, the NVC will send the petition to the U.S. Embassy or Consulate that normally processes visas for citizens of that country. For example, if the marriage took place in Iran where the U.S. does not have an Embassy or Consulate, the petition would be sent to Turkey.

    The U.S. Embassy or Consulate where you, the foreign-citizen spouse, will apply will provide you with specific instructions, including, where to go for the required medical examination. During your interview, ink-free, digital fingerprint scans will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant's interview by a Consular Officer.

    Eligible children of K-3 visa applicants may apply for K-4 visas. Separate applications must be submitted for each K visa applicant, and each K visa applicant must pay the visa application fee.

Edited by Leatherneck, 15 September 2012 - 04:43 AM.

LeatherneckMalePhilippines2012-09-15 04:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling for I-130

I appreciate the help! we are filing for I130 through USCIS chicago lockbox ..thats the only way we can do and I guess the proof that he is living overseas is th copy of orders,If its not included in the requirements, is it possible
for my hubby to send those too? My husband is in the military but i dont know what proof he has to send since we are stationed in japan


Yes include a copy of his original orders, especially if you feel you need to expedite your case.

The I-130 with foreign addresses have been getting fast approvals from USCIS.

Is your husband the biological father of your child? If yes, have you secured a CRBA for your child?
LeatherneckMalePhilippines2012-02-26 04:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling for I-130
This is the correct link you need for getting your I-130 package together. The link in the earlier post is
only for those already in the U.S., which you're not, disregard that link. You are filing form outside of the U.S.

Edited by Leatherneck, 19 February 2012 - 02:39 PM.

LeatherneckMalePhilippines2012-02-19 14:37:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling for I-130

we are filing for I-130 petition , what are the requirements i need to submit? i am filipina and currently living in japan with our kid and we are processing our visa in Tokyo Us embassy. How long does it take to receive a petition. Is there any changes that the embassy made this year? ive been gathering informations from my friends here on base but most of them dont give me the exact answers and they processed in different countries. so i did not find it helpful since the rules and laws sometimes change.


Start here by reading the guides and getting yourself familiar with the process and required documents.
When you click that link, scroll down and read "Assembling the I-130 package."

It is recommended you download forms direct from the USCIS website, click here. Read the instructions for the I-130 also.

You'll have to access the USEM Tokyo website to stay abreast of all things specific to the immigration process there.

"How long does it take to receive a petition?" You will download the I-130 petition yourself from the USCIS website with the link provided.

Edited by Leatherneck, 19 February 2012 - 06:28 AM.

LeatherneckMalePhilippines2012-02-19 06:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow do I change the address where my GC will be delivered?
.

Edited by Leatherneck, 16 October 2012 - 10:03 AM.

LeatherneckMalePhilippines2012-10-16 10:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresLets try this one more time i need answers PLEASE!

Ok i have completed everything that my wife needs to do to get her immigrant Cr1 visa.IM a US citizen and she is a Filipina. She will be going to manila in about a month to go to her interview. She will be bringing all the required documents to the interview and will attend a visa medical examination at st. lukes hospital prior to the interview. My daughter was born 20 days ago and as such was not mentioned on any of the paperwork ive completed thus far in our visa journey, because i was told not to mention a child that was not born yet. Should my wife go to her interview and get her visa then go back to mindinao and start preparing for the Certificate of Birth Abroad forms and interview? OR must she bring our daughter to the interview and let them know about her and try to squeeze in a CRBA interview while shes there? IM thinking that might be to much stress on my wife for one time. Can we just proceed with the interview and take care of our daughters paperwork later? Will she get in trouble later for going to her visa interview and not telling that she gave birth recently? If shes asked she wont deny it i just want to know if i can save the CRBA process till after my wife gets her visa so i have a chance to fly over there and be there for my childs interview as i will not be able to attend my wifes interview for work reasons at this time.



It is entirely up to you and your wife as to if she wraps up her visa/interview process prior to dealing with the process of securing the CRBA for your daughter. Yes you can proceed with the
CRBA process after your wife gets her visa.

There is no requirement that your daughter be with your wife on the day of her visa interview, nor can your wife "...try to squeeze in a CRBA interview" on the day of her interview.
The CRBA interview requires a separate appointment.

USEM CRBA link
LeatherneckMalePhilippines2012-10-17 03:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresScheduling for Interview
Nvm.

Edited by Leatherneck, 06 January 2013 - 05:46 PM.

LeatherneckMalePhilippines2013-01-06 17:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWife lost her status for being out of country too long. Please help

Thanks! Will I have to pay the green card fee when I'm in the US or while I'm here?

I've already figured out the cost for medical exam, it's around $200. She does have her record, but it was 5 years ago that she got them.

Thanks for the advice about the flu vaccine. :)



You pay the new USCIS Immigrant fee of $165 online and after the Embassy issued visa so as not to delay delivery of the GC.
LeatherneckMalePhilippines2013-01-04 16:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWife lost her status for being out of country too long. Please help

Hi,

I apologize in advance for having so many questions, but it's hard to get these answered! Soon I'll be filing an I-130 for wife. She was already a permanent resident before. We foolishly stayed out of the country for over a year without knowing she would lose her status. We came to Germany to spend time with her family. We have a child that was born in the US. We don't qualify for the Returning Resident Visa, so we will have to file for a whole new visa.

How do I make sure in the application that they know she was a permanent resident before? I also don't want them to have a bad impression that she lost it. It was a simple mistake, and she and my child were with me the whole time. Should I explain the situation with a letter included?

What happens to her "old" status when we get her a new visa? Her bank account and other stuff are still open in the US and we can use them. She has a social security number. Will she resume her old status? For example, is the bank account still hers? Are her credit cards still hers? This is confusing to me! Technically she still "exists" in the USA. They don't "know" we're here. We told an officer that we're here and if he could update that we're here. He said it doesn't matter because she already "lost" her status. I wasn't sure if there were any consequences for technically still "existing" in the USA, while being here.

Another question. She originally immigrated to the US 5 years ago and was vaccinated then. Are those vaccines still valid? We want to avoid further vaccines for moral/religious reasons.

Also, I'd like to know the total costs we will be expected to pay. I know we will have to pay $420 for the I-130.
Around $200 for medical exam
$585 for vaccine waiver if she is required to get them

What are other costs I will be expected to pay? including costs when we arrive in the US? I need to know close to exactly how much it will be.

Thank you all for your time and help. It will really help me out greatly!



Yes sir, there are very serious consequences (as you now know first hand) for staying outside of the U.S. beyond a year without obtaining a re-entry permit prior to leaving the country. You need to file a new I-130 Petition to get the process started again.

They will know she had a GC and subsequently "abandoned" her status. She will be issued a new IR-1 Visa to enter the U.S. and new 10 yr GC after a couple of weeks of her return to the USA.
LeatherneckMalePhilippines2013-01-04 12:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1 covered on cover sheet of I-130?

So, in other words, they automatically determine it's the IR/CR-1 visa you need based off of what you fill out? I'm assuming it's the only visa available for immigrating spouses of US citizens.



Correct - the information you provide... e.g., a marriage certificate. However, at the Embassy/consulate level, a CR-1 could be issued, yet by the time the immigrating spouse arrives at POE, be entitled to reclassification to IR-1.

Your assumption is correct, but let me mention the virtually non existence of the K-3.
LeatherneckMalePhilippines2013-01-23 16:19:00
IR-1 / CR-1 Spouse Visa Process & Procedurescr 1 visa denied
OP, I predict a train wreck in the very near future - this can not end well. There are WAY TOO MANY wonderful women in the Philippines to allow one like your wife to put the meat-hooks into your hide.
LeatherneckMalePhilippines2012-04-09 20:03:00
IR-1 / CR-1 Spouse Visa Process & Proceduresuscis letters

Without knowing the nature of the criminal background/charges 21 from years ago, no one here can tell you if your husband needs a lawyer involved. However, if he needs a lawyer, it would be a criminal defense attorney.

 

It's very simple to get a copy of the divorce decree with the courts seal/stamp. He can personally go to the family court to get a certified copy, or call the court to see if they'll accept a written request for the certified copy of the divorce decree or if they have their own request form that needs to be submitted with whatever fees required.

 

The request for the criminal record will work in a similar manner -- accept that request would be made to the criminal court that handled the case(s). For sure records from 21 years ago are likely stored away in a basement or off site from the court, which means that request could take a week or longer to get. Your husband can go to the agency/police department that made the arrest or that wrote the report to get certified copies.


LeatherneckMalePhilippines2014-04-05 11:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNewly Wedd - American & Filipina I-130 & CR-1 ( Process Help)

 Darrin, welcome to VJ

 

In addition to the link posted by another member, the link below should be of tremendous help

to you.

 

http://www.visajourn...php/NVC_Process


LeatherneckMalePhilippines2014-04-08 07:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs it possible to send AOS /IV PACKAGE at once?

Don't send the IV package until it's been paid for.  It has it's own bar coded cover sheet. 

 

I assumed both AOS & IV had been paid already -- however, thanks for adding that critical fact NLR.


thank you for your response ...

 

You bet Charlynn.
 


LeatherneckMalePhilippines2014-04-09 16:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs it possible to send AOS /IV PACKAGE at once?

Yes he can send both AOS and IV packages at the same time. However, put each package in its own envelope then label on the outside of each envelope AOS,  IV.

 

Place the two labeled envelopes in the same larger envelope that will be mailed to NVC for processing.

 

Good luck.


LeatherneckMalePhilippines2014-04-09 16:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHelp with CR-1 Spouse Visa Process

How come on that sept by step guide doesn't show how much I am supposed to send a check along with the i-130 packet? Do I need to send out a check at this point?

 

http://www.uscis.gov/i-130

 

The above link = find the fee for I-130 & info as to where to mail the completed I-130 Petition.

 

Along with the link posted by another member for you earlier, the link below is a step-by-step of what you can expect if your I-130 is approved and sent on to NVC.

 

http://www.visajourn...php/NVC_Process


LeatherneckMalePhilippines2014-04-14 18:41:00