ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresApply for B2, Marrying in the US, Then applying for CR-1 after arrival of marriage certicate while still in the US

Very unlikely he will obtain a tourist visa for the purpose of getting married even if he intends to leave after the marriage. Look at the country he is from, this is difficulty even for low-fraud countries. If he is approved it is very unlikely the visa will be extended. There is no guarantee of him being granted a six-month visit when he enters, that will be decided at the point of entry. That being said, very, very little chance of the visa being extended since this is usually only for real emergencies like death or immeninet death of a close family member.

You can apply for the CR-1 as soon as you have the marriage certificate. it doesn't matter if he is in the US or another country. There is no "advance parole" for a CR-1. When he leaves, he leaves. If he has a multi-entry tourist visa he can come back using that, no guarantee he will be permitted in, but remember he must spend more time outside the US than inside.

The entire process from filing to visa in hand takes about a year. With him being from Morocco plan on administrative processing which will make the time longer.

Depending on where you are deployed to you might be able to get an expediate. Doesn't hurt to try.

Of course you know he can't enter the military until he has his green card which would be upon his entry to the US with his CR-1 visa.


belinda63FemaleIran2013-12-27 15:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFriend Married to a woman with US child..

US Citizen child does nothing for the parent until the child is 21 years of age.


belinda63FemaleIran2014-01-06 18:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat is this fee? (split topic)

Who said he needs to pay $500? How was he notified? Who is he supposed to send the payment to?


belinda63FemaleIran2014-01-21 23:56:00
IR-1 / CR-1 Spouse Visa Process & Procedures2013 tax transcript?

The transcript is usually available 6-8 weeks after filing. If you want to use your 2013 income, file as quickly as possible and make copies of the entire tax return and all the W-2s, 1099s (if applicable), and other assorted things you used to fill out the taxes.

You don't have to provide 2013 tax information until after April 15.


belinda63FemaleIran2014-01-24 11:10:00
IR-1 / CR-1 Spouse Visa Process & Proceduresgreen card

You should receive your green card soon. You will be eligible to file for citizenship, if you remain married to the same USC spouse, three years minus 90 days from the date of resident since on your green card.


belinda63FemaleIran2014-01-25 08:23:00
IR-1 / CR-1 Spouse Visa Process & Proceduresi130 for step daughter months after sending wife i130

Fire the business office and request a refund. There are not derivitatives of USC immediate family petitions. Each person must have their own petition.


belinda63FemaleIran2014-01-27 14:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAny way to expedite the IR-1 process?

You said it all when you said "he is currently living in the US only as a visitor". He is allowed to visit the US, not to live here.Generally visiting means spending more time outside the US than in the US. Although I am not privy to all the rules for Canadian visitors generally six months out of the year is all that is permitted.

I suggest if he attempts any further ventures to the US that he have strong proof of ties to Canada such as employment and a home or lease agreement.

There is no expediate for "I need my spouse here with me" we all fall into that category. He can apply for a tourist visa but the duration of his stay would be limited to what CBP gives him which could be only one week to six months. They check the computer and can see if someone is "living" in the US on a tourist visa.


Edited by belinda63, 26 January 2014 - 11:42 AM.

belinda63FemaleIran2014-01-26 11:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs this LEGAL and Fraud free?

The VWP as well as a tourist visa is for visiting, not living. It won't matter how much evidence of her intent to return to Sweden she has after the second or third trip she will most likely be denied entry for "living in the US on the VWP". They have records of every entry and departure and the purpose is to visit, not live. She needs to spend more time outside the US than inside.


belinda63FemaleIran2014-01-28 12:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130/1-129F HELP!!!

That is for filing for the fiance visa. If I were you I would let the petition as it is. You are close to approval and it could slow your case down while they try to match the I-129 to the I-130. It will no speed it up as you are almost at the end of waiting.

What the attorney wants if for you to pay him to file the forms then pay him again when your wife gets here on a K-3 (which would most likely not happen as it would go through as a CR-1) and then pay him to file all the paperwork for her to adjust status. Not only will it cost you more in attorney's fees but it will cost you more in the end since  a K-3 visa does not grant the green card.


belinda63FemaleIran2014-01-28 23:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAnother tax thread

I believe NRA would be the appropriate answer. I don't know if the box on turbo tax will accept this, maybe check the help section?


belinda63FemaleIran2014-02-01 18:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMy cousin's very complicated process..we need your advice...
Highly unlikely she will ever obtain a non-immigrant visa as she has shown she has immigrant intent and will lie to obtain a green card.
Step one is to obtain the annulment and from my understanding this is not easily or quickly done in the Philippines. After she has the annulment completed then she can begin to think about finding someone to find to marry her. Appealing to USCIS is useless since she was never legally married to the U.S. citizen, therefore no grounds to appeal or reconsider.
belinda63FemaleIran2012-10-09 12:17:00
IR-1 / CR-1 Spouse Visa Process & Proceduresre-filing for spouse visa

Attorney either just wants money or he doesn't understand that an EWI with a 10 year ban already in place means a non-waiverable 10 year ban.


belinda63FemaleIran2014-02-12 13:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAos problem...Not enough income.

If he is $500 per month short then he will need $500 X12 months = $6,000 times 3 (since you are married) =$18,000 in assets.


belinda63FemaleIran2014-02-10 19:18:00
IR-1 / CR-1 Spouse Visa Process & Procedureswork permit while waiting for I-130

Not to burst your bubble but my spouse is also a veterinarian in his country and he cannot practice here. I don't know if a license from the netherlands is recognized here in the US but worth checking into. He could take a test, cost about $6,000, to try to obtain his license here.

As to a work permit.....not until you arrive. With the CR-1 you will be able to work the day you enter the country if you have a social security number. Or as soon as you obtain the social security number.

The only way to come here and work prior to obtaining the CR-1 visa would be to find an employer who will sponsor you.


belinda63FemaleIran2014-02-24 08:38:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDisability financial info

I don't think obtaining tax returns from years ago would be any help. You need to provide a letter explaining why you have not filed any returns for the past few years. The letter needs to state that your income was not above the amount required by the IRS for you to file.


belinda63FemaleIran2013-11-18 23:17:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSponsor Question (split topic)

Please start a new thread instead of posting on a several years old thread.

 

If the income requirements of the I-864 are not met there will be no visa. He needs to find a cosponsor or get a second job.


belinda63FemaleIran2014-03-15 18:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDenied visa because under AWA
No one saw that movie horrible bosses (I think was the name) where the one guy was a registered sex offender because he was drunk and peed within so many feet of a school at 2 am? A lot of people are listed as sex offenders for stupid reasons and many are listed for very good reasons, we don't know what he was found guilty or and/or plead guilty to or for what reasons.
Very few mental health doctors will sign off saying a person will never do "something" because if the person later does imagine the law suits and criminal action against the doctor who said this.
belinda63FemaleIran2012-11-12 22:29:00
IR-1 / CR-1 Spouse Visa Process & Proceduresi864 - filing joint or single

Yes. The taxes you filed were for the 2013 year. You were not married in 2013 therefore you were single.


belinda63FemaleIran2014-04-05 21:05:00
IR-1 / CR-1 Spouse Visa Process & Procedureshas any one used any of the visa services

I see no need for this. The 100% guarantee is only if they make an error. This would be the process....you fill out the forms, they review them, they send them to an outside attorney for review, the attorney mails them back to this place, they mail the forms in for you.  How much time do you think this will take? Probably months.


belinda63FemaleIran2014-04-16 15:58:00
IR-1 / CR-1 Spouse Visa Process & Procedurespetition vs "application" and check description

An I-130 is a petition for a person to be permitted to apply for an immigrant visa. Just as you would petition a court to take action you are asking the US government to allow your relative to apply for a visa. You file the petition, they apply for the visa.

As to the check write whatever you want. All the government cares about is money.


belinda63FemaleIran2014-04-17 10:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInput on type of Visa as well as what I should do?

What you are implying is a slippery slope of possibly lying on paperwork. If the first husband ever shows up or a record of the marriage if found somehow she would lose everything.


belinda63FemaleIran2014-04-25 12:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInput on type of Visa as well as what I should do?

Let's start with the facts.

1. Unless her first spouse filed an annulment or divorce of which you are not aware.....you are not married to her.

2. if you can't find proof that the marriage was ended she will need to file for an annulment in the Philippines.

3. You can't file for a CR-1 because you aren't legally married.

4. You can't file for the K-1 because you can't prove she is free to marry...i.e. she is still married to someone else.


belinda63FemaleIran2014-04-25 11:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInput on type of Visa as well as what I should do?

The problem isn't so much you being married or divorced to her, the problem is she is not divorced from her first husband. Have her request her marriage record from the Philippine office (forgot what it is called). If it shows her as married you won't get an immigrant visa because you can't be legally married to two people at the same time.


belinda63FemaleIran2014-04-24 22:18:00
IR-1 / CR-1 Spouse Visa Process & Proceduresk1 visa denied to getting married

     You will need to start over with the CR-1. Follow the guides at the top. It will take about 12-18 months at current processing times.

     A big question is this....at any point during the interview did she lie and say she was not married? If she did they could slap a material misrepresentation charge on her and bar her from the US forever. You made a poor choice and I hope they just returned the petition as no longer eligible and nothing more.

    Never, ever lie to immigration or think you can fool them. They know all.


Edited by belinda63, 25 April 2014 - 06:19 AM.

belinda63FemaleIran2014-04-25 06:18:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAWA and the Certificate of Legal Capacity to Contract Marriage

When you applied for the non-impediment to marriage you weren't apply for an immigrant visa for your wife. All they did was say you were legally able to marry. Immigration is a whole different issue. Sort of like Octomom being implanted with 12 embryos. Not their responsibility to find out if she could support them, they just did what their specific job was.


belinda63FemaleIran2014-04-27 15:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresK-1 denied, now filing for spouse visa

You need to provide all the evidence previously provided plus a lot more. Just getting married does not prove you have a real relationship. I would suggest adding photos of the two of you together and with family/neighbors/significant others. Proof of multiple visits would help (I assume there was at least one more meeting since you are married). Affidavits from family/neighbors/friends are helpful but only as secondary evidence. Proof of mingled finances (which I know is difficult when you live in separate countries) such as beneficiary on insurance policies. Notarized copies of your wills leaving things to the spouse upon death. Anything and everything you can come up with to prove the two of you intend to live a long, happy life together as husband and wife.


belinda63FemaleIran2014-05-19 14:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffadavit of support

No, it is your gross pay....before any deductions.


belinda63FemaleIran2014-05-23 23:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMedical Exam

The doctors will usually know what immunizations are commonly given for the area. For example, in the US certain immunizations are required for a child to attend school.

Worse comes to worse she can pretend she is in the military where they assume nothing and immunize you all over again from scratch. Not pleasant but I lived.


belinda63FemaleIran2014-05-11 16:43:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHELP ON REF RECEIVED FROM USCIS

Calling USCIS won't do a bit of good. Fill out the form again (both of you) and clearly write none where it asks for former spouse. Write a cover letter explaining neither of you have ever been married prior to this marriage.


belinda63FemaleIran2014-05-23 23:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHELP ON REF RECEIVED FROM USCIS

You forgot to write none where it asks for former spouse. Therefore they don't know if you have ever been married previously or not. The instructions clearly state to write none if you do not have a former spouse.


belinda63FemaleIran2014-05-23 23:01:00
IR-1 / CR-1 Spouse Visa Process & Procedurescan i update my K-3 status to I-130?

From reading your story it sounds like you didn't file for the K-3. Did you file the I-129F for a fiancé. In other words you weren't married when you filed correct? I ask because the K-3 visa is for married people.

 

Assuming you applied for a fiancé visa you cancelled it the day you married. You can't switch in midstream from a fiancé visa to a spouse visa. You will have to start all over again with filing for the CR-1 visa.

 


belinda63FemaleIran2014-05-29 21:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresStill no Notice of Action number 1, 7 weeks after filling I-130... I am freaking out!

Noa-1 is not important if you have the case number. It is just a piece of paper.


belinda63FemaleIran2014-05-28 22:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresStill no Notice of Action number 1, 7 weeks after filling I-130... I am freaking out!

I checked an you are correct. The front page mentions K-3 but not CR-1. The I-130 will start the process for the CR-1 visa. You could file the I-129F and try for the K-3 but it would save you at best a few weeks and might make you wait longer.

Start by reading the guides at the top for the CR-1 visa.


belinda63FemaleIran2014-05-27 23:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresStill no Notice of Action number 1, 7 weeks after filling I-130... I am freaking out!

K-3 is dead and a waste of time. I strongly suggest you follow the CR-1 path.


belinda63FemaleIran2014-05-27 23:21:00
IR-1 / CR-1 Spouse Visa Process & Procedureswhat is the priority date ? and does it has anything to do with I-130 or I-129F ?i

The priority date means nothing in your case. You are an immediate relative of a USC so there is no wait for a visa number to become available. In some categories of immigrant visas there are only a certain number of visas in that category issued each year so some categories have to wait a year, or two, or twenty to have a visa number become available. It does not apply in your case.


belinda63FemaleIran2014-05-31 11:36:00
IR-1 / CR-1 Spouse Visa Process & Procedureshelp! i think i lost my passport

You must have a passport with at least six months validity at the time of the interview. They put the visa in the passport. No passport=no visa. As far as affecting the process if you get a new passport there should be no problem.


belinda63FemaleIran2014-06-08 20:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI864 approvals & waivers

After your affidavit of support is accepted the case will be sent to the embassy and after he completes all the requirements an interview will be scheduled. At the interview he will be denied and then the waivers can be filed. Just a rough guess I would say another year. You would be better off posting in the Mexico subforum as the wait times for interviews and such are specific to the embassy.


belinda63FemaleIran2014-06-09 20:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPLEASE HELP.ADMINISTRATIVE REVIEW

She won't meet the residency requirements to pass on citizenship to her son.


belinda63FemaleIran2014-06-10 22:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 sent back for Revocation and revoked no NOIR

I can see why they don't believe it's a real relationship. You met, got married, that's it. You need to make another trip or two at least and stay for a few weeks each time. Get lots of evidence, pictures together, with the family, with the neighbors, receipts of things you did together,


belinda63FemaleIran2014-06-14 23:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 sent back for Revocation and revoked no NOIR

You need to do a Freedom of Information Act request on your file to find out exactly why you were denied. Unless there were indications at the interview as to what the problem was we would just be shooting in the dark trying to advice you. Filing a motion to reopen would be useless without knowing why it was denied. How would you argue there was a mistake made if you don't know what they based the decision on?

Re-filing the I-130 won't do any good until you know why it was denied or at least until you gather a LOT more evidence of your relationship. If nothing has changed why should the consular officer change his decision?

I would suggest a consult with an immigration attorney to get some direction on what to do.


belinda63FemaleIran2014-06-14 21:58:00