ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresDenied at POE on tourist visa
I've posted a similar question to this and I've seen several other threads about the same thing. So far, the only repsonses I've read from people who have tried to enter the US on a B-2 or a visa waiver program have all had success. That is not a guarantee and I've decided just to wait to file my I-130 until after my husband has entered using his B-2. (We are not planning for him to stay past his allowed visit length.)

I think the previous poster has given excellent advice. It would be foolish to immigrate illegally when you have a legitimate way to do it or to jeopardize an immigration petition by breaking the law, and so I would think that beneficiaries of I-130s would be considered among the lowest risk to overstay their visas, but for some reason the general feeling is that immigration officers don't see it that way. Better to have as much evidence as possible to convince an the officer if he or she becomes skeptical.
GabiandViFemaleBenin2008-03-06 21:36:00
IR-1 / CR-1 Spouse Visa Process & Procedurescoming to usa while i-130 is processing
QUOTE (YuAndDan @ Mar 12 2008, 03:42 AM) <{POST_SNAPBACK}>
This is one of the most posted FAQ:

FAQ: 4.6)...Can my fiance(e) come to the US to visit me once the visa process is started? (Applies to spouses also)

http://www.visajourn...cation.html#4.6

Note this one came up the other day:
Entry to the U.S. while Petition is Pending

All persons traveling to the U.S. as visitors or students, Canadian or other nationality, under U.S. law are deemed to be intending immigrants and thus inadmissible for temporary purposes until they have an immigrant visa in hand.


All persons? Or all persons who have an immigrant visa application pending? Or does "immigrant visa" include immigrant and non-immigrant visas? I'm thoroughly confused. If it is the latter, then this sentence says nothing that is not obvious.

QUOTE
The burden of qualifying for any visa for entry to the U.S. rests solely with the applicant. Entry to the U.S. is solely up to a Department of Homeland Security/Customs and Border Protection (DHS/CBP) officer at the Port of Entry.


How does this fit with the sentence above? If it is illegal without an immigrant visa, why would DHS/CBP ever decide to let someone with a B-2 visa ever enter, whether they have a case pending or not? Why would the B-2 or any non-immigrant visa ever be granted in the first place?

QUOTE
While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S.


I think this is a given. Entering on a non-immigrant visa with the intent of immigrating on that visa is illegal immigration. I think even illegal immigrants understand. Entering on a non-immigrant visa with the intent of not immigrating until your immigrant visa is granted is perfectly within the law of the US. That's basically what this says and I think we all understand that.

The FAQ basically says the same thing -- you have the right to visit but it is up to the DHS/CBP at the POE to decide. I think the more frequently asked question is, "What do they usually decide, and if they decide to deny entry, how does this affect your petition/application?" So far, the only people who are responding here who have tried this have been allowed entry even when the DHS/CBP clearly knows the immigrant visa is pending. If anyone has been denied entry on a non-immigrant visa by virtue of their pending immigrant visa, please post your stories. It would give us a clearer picture.
GabiandViFemaleBenin2008-03-11 18:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling soon. Will this do for evidence of a bona fide marriage?
QUOTE (Jeetyetkidd @ Mar 8 2008, 12:03 PM) <{POST_SNAPBACK}>
In my opinion you would be better off contacting those who attended your wedding to write a brief statement witnessing and approving of the marriage. The instruction form gives details on what to include in the affidavit. As for the finances, my wife and I do not have any to show either. I have just recently had her added to the cable and water bill.


Thanks. No one actually attended the wedding. It's a long story. His mother died when I wedding was scheduled to take place, so we were married alone a few months later. But I could get my parents to sign an affadavit that the marriage is legitimate. Would their word be taken seriously as they are my parents?

Also, I had seen once how to complete an affadavit without a notary. I can't seem to find it again. Does anyone know where it is?
GabiandViFemaleBenin2008-03-09 16:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling soon. Will this do for evidence of a bona fide marriage?
I'm trying to get all my ducks in a row. I'm compiling my I-130 package. I will have all the listed items, of course, but I wanted to know if the following evidence will suffice to show a bona fide marriage. We don't have any evidence of co-mingling of finances because we live in China. The documents that would be in English would have been done through my school and therefore only in my name, etc. It's just too complicated. So this is what I have.

1. Photocopy of the birth certificate of our daughter.
2. Photocopy of the baptism record of our daughter naming my husband under his Christian name (which is not on his birth certificate).
3. Birth announcement of our daughter, again using my husband's Christian name.
4. Five pages of about 4 photos each of primarily my husband taken at my parents home, with a few of our daughter with his sisters and their children in his country, etc. There are only a couple of us as a family because I hate to have my picture taken. Also, all photos date from the last two years because my husband crashed our computer and lost all the photos taken before.
5. A photocopy of the 2 pages in my passport showing visas and entries to his country.
6. A photocopy of his and my most recent insurance cards which show him listed as my dependent using his official name.

Should I send an explanation of why we don't have proof of co-mingling of finances? We have credit cards that are in both our names, but I feel really uncomfortable sending photocopies of those.

I know the fact that we have a child together should be enough, but I've read in a couple of threads that people who have children together are having to produce DNA results prooving the parentage of the child, both maternal and paternal. Also, almost since the birth of our child, we have been living apart and have only seen each other for three weeks in the last year. This is because my husband has set up a business in his country and then become very busy with it so he couldn't come to China as planned. Then, once we decided to move to the US, we decided we wouldn't spend the money for a trip for him to China. We'll just meet in the US this summer when he visits on a B-2. Should I include an explanation of why we've been apart for so long? We aren't in the situation where visas are keeping us apart. My husband could live in China with us, but he couldn't work here.

Should I also explain why there are no photos of our marriage, etc.?
GabiandViFemaleBenin2008-03-07 21:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQUIZ FOR VJ'ERS ...WHICH ONE BETTER NOW?
QUOTE (sgr @ Mar 15 2008, 01:08 AM) <{POST_SNAPBACK}>
Hi we all have been waiting , waiting for approvals for long time ....based on current trend on approvals and moving faster with dates......I have small questions??


1.Is VSC doiing better or CSC better or both blink.gif ??

2.What are current dates running at VSC & CSC on approvals ....based on VJ'ers approval timeline not USCIS WEB page says???? unsure.gif ???

3.What could be future of processing based on same day NOA 1 notices?? Any guess that we will get NOA2 faster??

Any thoughts and input greatly appreciated ....may give some comfort to ppl ....on this thread .. smile.gif smile.gif


According to VJ, VSC is moving along faster than any other center, with TSC second, NSC third, and CSC last. I found this by going to Immigration Timelines and checking the historical trends for IR/CR visas. (http://www.visajourney.com/forums/index.php?cfl=&autocom=custom&page=ir1cr1historical) VSC is processing forms 3.5 times faster than CSC. As of today, VSC is processing forms in 53 days, TSC in 70 days, NSC in 145 days, and CSC is taking 185 days. VSC and TSC are on downward trends while NSC and CSC are on upward trends. All this is based on what VJers are reporting, so it is important that everyone keep their timelines up to date.
GabiandViFemaleBenin2008-03-14 12:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1??? OR K3???
QUOTE (vickydeutsch @ Feb 28 2008, 06:08 AM) <{POST_SNAPBACK}>
Hello everybody!!!! my boyfriend and I are planning getting married here in my country. But we are not sure about starting the filing with the K3 or the CR-1?? I read the guidelines but I need to know exactly how it works (the CR-1). How long should I wait in order to het my visa when married??

Thanks in advance

Victoria



Thanks for asking this question and thanks to everyone who answered. It is exactly what I wanted to know. Now I have my answer. I'm not going to bother with the K-3.
GabiandViFemaleBenin2008-02-27 19:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSending the I-130 packet from outside the US.
QUOTE (hheaven67 @ Mar 17 2008, 11:22 AM) <{POST_SNAPBACK}>
QUOTE (Jamericanlove @ Mar 16 2008, 09:18 PM) <{POST_SNAPBACK}>
Thanks for the reply....

DCF? Wat does that stand for? You lost me on that one!

Oh....just found something!

Petitioners who wish to file by private courier should use the following address:

USCIS
Attn: FBASI
427 S. LaSalle – 3rd Floor
Chicago, IL 60605-1098

Thanks for the help though!


DCF = Direct Consular Filing - If you and your non US Citizen spouse live overseas and want to move to the USA to live together then this is the place for you. (forum)

jen


It is usually a lot faster than filing in the US. I don't know what happens when you have to establish domicile and file your i-184, but the forum would help you with that.

Anyway, good luck to you.
GabiandViFemaleBenin2008-03-17 08:30:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSending the I-130 packet from outside the US.
QUOTE (Jamericanlove @ Mar 17 2008, 10:34 AM) <{POST_SNAPBACK}>
Good night all!


I am wondering if anyone has ever sent the I-130 packet from outside of the US via devilvery service (eg Fed Ex) and if so, did you send it to the Lockbox address or is there another address you should send it to if you use this method.

Thanks for the help! smile.gif


I would think the answer would be to send it to the same address. There is nothing in the literature on uscis to indicate otherwise. However, is there a reason you aren't filing DCF?
GabiandViFemaleBenin2008-03-16 21:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRelative visa..
The best place to find the forms is on the website of the embassy in your relative's country. The form is a ds-156 and it is fillable online. Other instructions are usually given on the website, including days and hours when non-immigrant visas are accepted and interviews scheduled, as well as country-specific issues. The visa your relative is applying for is a B-2, but the way the ds-156 is completed will determine that. He/She does not have to indicate which type, only answer the questions on the form.

You can google the embassy website, or find it on www.embassyworld.com.
GabiandViFemaleBenin2008-03-18 19:38:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSpouse Traveling to US during Process
QUOTE (Jeetyetkidd @ Mar 26 2008, 04:29 AM) <{POST_SNAPBACK}>
QUOTE (MsZ @ Mar 25 2008, 02:13 PM) <{POST_SNAPBACK}>
But the 485 (adjustment of status) does not apply for IR1/CR1 applications, only K3 or K1 apps. IR1/CR1 expressly includes the ability to travel out of the US as one of its benefits/characteristics.




Then why is Immigration telling me we need to fill out the 485 and get the 131 (parole to travel letter?) Could they make this stuff anymore confusing?


I think there might be some confusion. Most of us are filing I-130s and waiting for those to be complete before our spouses move to the US. During that wait, some of our spouses travel to the US on B-2 visas to visit us, returning back to their home countries after a brief visit.

Your situation sounds different. It seems you filed an I-130 for your fiancee, then she came to the US and you got married. You went on a honeymoon cruise and had some hitches at passport control upon re-entry. The immigration officer told you to file an adjustment of status so that your fiancee, now spouse, does not have to leave the US and can live with you until the process is complete. We don't have that option. It sounds like you might have gotten lucky. You were following the laws as you understood them. For most of us, if our spouses came over on B-2 visas and we filed for an adjustment of status, we would be in danger of being accused of fraud. I think you could get away with it. It is what the immigration officers told you to do.
GabiandViFemaleBenin2008-03-25 18:22:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSpouse Traveling to US during Process
QUOTE (Jeetyetkidd @ Mar 24 2008, 09:12 PM) <{POST_SNAPBACK}>
We just had an issue like this coming back from our honeymoon cruise. After the process is started your tourist visa is no longer good because you are not entering as a tourist but one that intends to stay long term (permanent resident). As we found out from customs in Miami, you need a Parole to travel letter for him to travel back and forth. It takes 30-90 days to receive the letter. The form needed is the I-131 and I-485 (?) adjustment of status if not already filed. If in doubt...as your local immigration office. We have to wait to submit everything because the I 130 was sent in IAW the guidline on this site and it was only half of the process we were supposed to do. Now we need to wait for the I-130 check to be cashed in order to get the case number to put on the I-485 form. Wish we knew this earlier. Would have saved us a lot of time and heartache with customs.

There is a chance of him being allowed in depending on the customs agent, but also a chance to be denied and deported. I wouldn't take the chance if I were you. Just my two cents.



This hasn't seemed to have been the case for a number of VJrs. I read your original post as well, and it seemed that your wife was able to get through on her B-2 with an admonition by the immigration officer. Another poster on your thread stated something about cruises being a problem, though that poster also got through. Perhaps the immigration officers at ports of entry that normally don't deal with lots of foreign passport holders, such as cruise ports, are unsure what to do when they are faced with one where there is also a petition pending. It would be good if anyone was actually turned back due to there being a petition pending would post their stories here. I've still yet to read an account of that happening. I'm sure it probably has, but I've only read accounts of people in that situation being allowed to enter.
GabiandViFemaleBenin2008-03-24 10:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSpouse Traveling to US during Process
I've asked a similar question and I've read quite a few threads about this. So far, in none of those threads has anyone related an instance when a beneficiary of a petition (k-1, k-3, cr-1 or ir-1) has been turned back at POE with a valid non-immigrant visa or on the vwp due to that petition. That doesn't mean it has never happened, just that I, personally, have not read any first-hand accounts of it happening.

As for the final decision being at the discretion of the officer at the POE, the same is true even when there is no petition pending. It is always up to the officer at the POE to decide whether or not to admit the visitor. There seems to be general consensus that when a petition is pending, the officer is more dubious, and I accept the general wisdom on this. However, it seems counter-intuitive to me. If a person has a petition pending, they are already on the road to legal immigration. Why would they immigrate illegally at that point? It doesn't make sense. If I were the one making the decision, I would see a pending petition as more proof that the visitor intends to follow all rules and regulations so as not to jeopardize the petition. Apparently, though, that is not how DHS sees it.

My husband has never attempted to use his B-2 visa while a petition has been pending. (He was granted it after we were married and partly beceause we were married and he had a legal way to immigrate so was considered less of a risk.) The first time he went through, we were traveling together. I was allowed to go in the same line as him at passport control. He was taken to another room where he was asked two or three questions, and then we were sent on our way. The second time he was traveling by himself. I had written a letter to explain our situation. (I was home on maternity leave and he was joining us so he could escort me and child back to China.) He had no problem at passport control, but was held up at customs. (Purely random search and not related to his status though it took a lot of explanation on my part to make him understand that. He was totally insulted. I told him to suck it up.)

I don't know if it will make any difference, but you might want to write a letter for your spouse to present if questions start being asked. The fact that she is pregnant might cause problems. How far along is she? If she is due at a time that falls within her allowed 90 days, they might think she is coming to give birth and then will want to stay. They may think she will want to stay to give birth anyway. I don't know.

Good luck.

Sorry about the pregnant remarks. I was mixing you up with someone else, apparently. Anyway, good luck.

Edited by GabiandVi, 21 March 2008 - 10:07 PM.

GabiandViFemaleBenin2008-03-21 22:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNow I am really confused!
QUOTE (soccoach @ Mar 26 2008, 03:43 PM) <{POST_SNAPBACK}>
2. He said I don't need a US based domicle until the visa is approved. The visa can not be given until the domicile is established. That seems contrary to the usual feedback that a domicile is needed in order to file in the first place. I have to prove residence in the Phils in order to file DCF, so how can I prove domicile in the US?


I'm pretty sure you establish domicile when you file the affadavit of support, which you don't do until the petition is approved and the beneficiary files an application for the immigrant visa. Maybe that is what he meant.
GabiandViFemaleBenin2008-03-26 16:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNow I am really confused!
QUOTE (YOUTOO @ Mar 27 2008, 01:39 AM) <{POST_SNAPBACK}>
My wife was told at the embassy in Tokyo that a pending I-130, as a matter of fact any pending
immigrant visa would preclude her from obtaining a visitor visa or allow any entry at all on
a visa waiver. We paid a $ 140.00 to apply for a visitor visa so she could attend her daughter's
wedding in Las Vegas, we had proof of the return tickets, we had proof that we live together in
Japan and no intention whatsoever to remain in the states. Yet, they would not budge. The officer
told us that U.S. Immigration at POE would not let her in. Also entering into the equasion was
the fact that she is married to a U.S. Citizen. A the embassy officere told me that counts as two
strikes against her. Go figure. As a side note it was pretty interesting and scary how much info
he U.S. government has on my Japanese wife just entering her passport information. Makes
me shiver just thinking how much they know about me being a USC.


Apparently this is not automatically true. Many VJers have successfully traveled on visitor visas to the US after an I-130 has been filed. I think each Consul has its own policies for determining who gets a visa or not. In China, the COs don't seem to have much discretion over this, but in my husband's country where relatively few visas are processed, they seem to have a lot more discretion. In China, I don't know how many COs there are, but it is at least 6. In my husband's country there is only one. In China, they seem to have a checklist. They don't seem to see the applicant as a person but rather as a sum of all their documentation. The CO in my husband's country said that since he was married to an American and had a legitimate way to immigrate and therefore would not jeopardize that by overstaying his visa, there would be no problem granting him a visa as long as he showed strong ties to the country. I think the CO in his country understood the culture of that country and recognized that my husband could never leave it forever. We were not going to file an I-130 in the immediate future at that time.

My husband's B-2 is about to expire and he is going to apply for a new one. I'm keeping my fingers crossed and I'm not going to file the I-130 again until after he enters the US just to be on the safe side. He'll go back to his country when his visit is over and wait for the process to be completed.
GabiandViFemaleBenin2008-03-26 16:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 NOA1 does not have a Priority Date
QUOTE (Gracey @ Mar 27 2008, 05:09 AM) <{POST_SNAPBACK}>
I saw on one of the posts that one VJ's NOA1 (I-130) had a priority date that was same as the Notice Date. I checked mine and the priority date area was left blank. Should I worry about it or call and ask why mine is blank.

Also can someone explain what an IV bill is (I saw this on some posts). Better still, can someone come up with a list of all acronyms used by the USCIS and all the forms not directly visible on the USCIS website (Like DS 2030) or something like that.

Gracey.


I've seen a list of all the acronyms somewhere on here, but I can't find it now. I thought it was in guides, but I don't see a title that matches. Maybe it is in FAQs. I thought I had downloaded it and put it in my immigration file, but I can't find it there either. Sorry. However, if you keep looking, you'll find it somewhere.
GabiandViFemaleBenin2008-03-26 16:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresB-2 Visa while waiting on IR/CR
QUOTE (strawberry2007 @ Mar 13 2008, 04:19 AM) <{POST_SNAPBACK}>
Hello everyone! I'm a new member, delighted to be reading and learning so much about this (at times excruciating) process. My quick story: I met my hubbie while studying in Egypt a couple years ago. We were married in Egypt this past summer. I returned to the US and filed the I-130 and received NOA1 in October. I filed the I-129 for K-3 in Nov. and received NOA in Dec. and that's it so far. I've been mainly going at this on my own, (and from the budget of a graduate student), as well as some help from a local NGO who gave me some guidance on the forms. I recently decided to consult a lawyer, who presented the option of filing a B-2 visa for my husband to come for a visit at least, and that would perhaps get him here quicker than waiting on the IR/CR. Even though the B-2 is for tourism and not the intent to immigrant, the lawyer said if we were honest and upfront w/ the consular, and tell them we just want him to be able to visit, then it could work. Does anyone have any experience doing this or advice on this matter?


Your husband will have to be able to show strong ties to his country. The Consular Officer does not have discretion over that. However, he or she does have discretion about whether or not to grant the B-2 when an I-130 is pending. If your husband is honest, chances are the CO will recognize that he presents less a risk of immigrating illegally, since his legal immigration is already pending, than someone who does not have an I-130 pending. I was basically assured of this the first time my husband applied for a visa after we were married. However, at that time, we did not have an I-130 pending. He comes from a country with a small US embassy where there is only one CO, and I was able to speak to the CO over the phone before my husband applied. He told me to write a letter and for my husband explaining that we were planning to petition for his immigration in the future but that we weren't doing it yet, and that we would not jeopardize future legal immigration. I included in the letter that I wished my husband to meet my family in the US. My husband also brought his proof of strong ties.

However, in a country where they process large numbers of B-2 applications, as here in China where I live, the COs generally seem not to take any extenuating circumstances into account. They go by a checklist and deny or grant the visa accordingly. There is no guarantee and you are going to have to decide if it is worth the cost of the application to take your chances.

As for being denied entry at the POE with a B-2 in hand, that is also a possibility. However, so far, I have not read on here a story of anyone trying and being denied entry because they had an I-130. That doesn't mean it has never happened, only that since I've been on here, no one has posted a story about it happening. You could also address a letter to the officer at the POE. I did last time my husband traveled to the US alone. It probably made no difference because he had already entered once with me and left long before his visa expired, but I didn't want to take any chances, and he said the officer read the letter, smiled, gave him his passport back and said, "Congratulations on the baby. Enjoy your stay."

Good luck.
GabiandViFemaleBenin2008-03-12 16:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhy is K1 faster? PLEASE ANSWER.
QUOTE (MarkNAshley @ Mar 29 2008, 01:40 AM) <{POST_SNAPBACK}>
I am getting frustrated at seeing this topic come up every couple of days/weeks.

I do realize that it is unfair that the processing times are not the same, however, we all make the decision as to what visa we chose to apply for and take actions to follow through with that. It is no big secret that at this time, K-3's are taking longer. When people get married before applying, they are well aware of this and chose this path. The same for those who go the K-1 route.

I am also incredibly tired of being told that my relationship with my fiancee is not as worthy as those who are married. I am so offended by this comment and don't understand how people can say those things. No one can judge any other persons relationship, specially when they know nothing about it.

As for the "A fiance visa is not a guarantee and the person could possibly decide not to marry the person anyway once they get here. With us married folk, we are stuck " - are you unaware of the divorce rates or of how many posts are posted on this website alone a day with the heading "i'm getting a divorce, but I still want my greencard". Nothing is a guarantee these days.

My visa took 11 months from date of filing to having my visa in hand. I chose the K-1 route because i knew doing the K-3 would require me to be apart from my HUSBAND, not my fiancee. I didn't want to spend any time apart after marriage. I would in no way call tihs a 'quick' process.

We all have to wait, and we need to learn to do this patiently and not take it out on other visa types. Everyone agrees that this process sucks, but thats a decision we need to accept when we decide to marry someone in a different country.


I've thought about this question several times, but I've decided there are logical reasons for why. However, I do want to address what you've said about "We all make our decisions . . ." Some of us married while we were abroad and were not planning to immigrate right away, so we did the right thing and did not file for immigration status.

As for people thinking that a married relationship is more worthy than a relationship still in engagement stage, they are silly. Even if you could measure the worthiness of a relationship in that way . . . I don't even know what to say about that. However, I do think that a marriage is a stronger committment than an engagement, and that is one of the things you need to prove to be approved. And usually, a marriage has existed longer than an engagement.

I think the question stems from the impression that USCIS seems to count engagements as "more worthy" if you want to use that phrase, because they have an expidited process for it. Logically, we know that is not what it is, but as we are waiting, we begin to lose logic at times.

Now I'm going to say something that is going to get a really angry response. But I don't have as much sympathy for people waiting to get married as I do for people waiting for the father of their child, or people waiting for their child and wife to join them. It's not that I think you don't deserve sympathy, but I just don't have as much for you as I do for others.
GabiandViFemaleBenin2008-03-29 02:08:00
IR-1 / CR-1 Spouse Visa Process & ProceduresComing on B-1/B-1 visa while I-130 pending
There have been a number of threads about this topic. The only answer is that there is no guarantee. She should bring proof of her strong ties with her to the POE, and she should be honest and polite to the customs official. It is perfectly legal to visit while a petition is pending, but it is at the discretion of the customs official to decide. BTW, this is always the case, even when there is no petition pending. Anyone and everyone can be refused entry at the POE.

So far, I have not read one instance when the beneficiary of an I-130 has been turned away at the POE with a valid non-immigrant visa simply because he or she has an I-130 pending. That doesn't mean it hasn't happened or that it won't happen. Your SO should be prepared for more scrutiny than normal, but there seems to be a very good chance that she won't be refused entry.
GabiandViFemaleBenin2008-03-29 10:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTax Question
Your spouse is supposed to file a return if you were married at any point before December 31. She wouldn't have to pay anything, I don't think, just file.

Now don't take this as gospel, but my sister's immigration lawyer told her to check filing seperately, and then put "applied for" where it asks for the spouse's ssn. That's what I'm doing, and my spouse isn't filing. My sister's spouse didn't file either, and she has heard nothing about that and he got his IR-1 in February.
GabiandViFemaleBenin2008-03-30 00:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNew born
QUOTE (Ashar978 @ Mar 30 2008, 07:11 AM) <{POST_SNAPBACK}>
QUOTE (GabiandVi @ Mar 29 2008, 06:42 PM) <{POST_SNAPBACK}>
QUOTE (Ashar978 @ Mar 30 2008, 06:24 AM) <{POST_SNAPBACK}>
While in the process of I-130 if a child is born, would we have to file a seperate petition for him/her or would he automatically be qualified to enter US without a petition?


I assume you are already married and one of you is the USC. In that case, the USC has to register the birth with the embassy where the child is born and get him/her a passport. If you are not going for dual citizenship, you will also need to get the child a residence visa in that country.

If neither of you are USCs, then you will probably have to file for the child, but don't take my word for that.



Yes i m USC and married. So in my case i will have to register my kid's birth with pakistani embassy and get him a US passport. Correct?


Yes. Normally it shouldn't take too long. Here in China, you have to get the kid a visa within 30 days of his/her arrival in the country and if he is born there, that means his birth. You can't get the visa without a passport, so the US Embassy processes the passports within a few weeks. Your child will probably have dual citizenship, so the visa issue is a non-issue, but the US embassy should have experience with that situation.

Good luck. I hope it isn't a hassle. If I were you, I would find out all the particulars before the child is born. I would guess you are going to want a very clear birth certificate listing you as the father. That would seem obvious, but different countries may have different ways of arranging birth certificates, especially when the father is not a citizen of the country. I also know that for me to get a passport for my daughter in the US so that I could bring her back to China, my husband had to come with me or I would have had to have a notorized affadavit stating that he knew about and agreed to the passport application, or a death certificate for him, or court papers stating that I had full custody of the child. But that is to prevent one parent from taking the child out of the US without the other's knowledge. I don't know how it will work when applying from outside of the US.
GabiandViFemaleBenin2008-03-30 00:30:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNew born
QUOTE (Ashar978 @ Mar 30 2008, 06:24 AM) <{POST_SNAPBACK}>
While in the process of I-130 if a child is born, would we have to file a seperate petition for him/her or would he automatically be qualified to enter US without a petition?


I assume you are already married and one of you is the USC. In that case, the USC has to register the birth with the embassy where the child is born and get him/her a passport. If you are not going for dual citizenship, you will also need to get the child a residence visa in that country.

If neither of you are USCs, then you will probably have to file for the child, but don't take my word for that.
GabiandViFemaleBenin2008-03-29 17:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffidavit of Support - Household size
That confused me as well. However, somewhere in the instructions it states that you should not count the beneficiary in that section of the form. You have already counted him/her.

I suppose that section allows for someone filing the affadavit for a son or daughter who is married.
GabiandViFemaleBenin2008-03-30 00:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1/IR1 Marriage in the US
QUOTE (DCM @ Apr 28 2008, 11:37 PM) <{POST_SNAPBACK}>
My plan was to do exactly what you have said. Visit on vacation get married and return home to file the paper work. I just want to make sure that I am not going anything illegal that will hurt/ hamper the process.

DCM


I'm sure there is nothing illegal about it, but I'm not a lawyer. However, once the process has begun, it may be more difficult for you to travel in an out of the US. (Out - no problem, but in again and again, maybe.) I don't get it. It seems counter intuitive, but that seems to be the general feeling about this situation.

Good luck!
GabiandViFemaleBenin2008-04-28 11:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresOne Way Trips To The U.S.
My husband used to do that all the time. It would cost about 2/3 again more for a 6-month return and more than twice as much for a one-way, so he would buy a 45-day return and give up the second half of the ticket.
GabiandViFemaleBenin2008-05-03 09:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNeed your prayers
Very sorry to hear your story. You are in my thoughts. Hopefully it will be as you say, a false positive, and my energies are spent wishing for that.

About removing the ovary, if you decide to go that way as a precaution. My mother had a hysterectomy after her 8th child. At that point, they could only find one ovary. They don't know if she was born with only one or if something happened to it along the way, but she managed to conceive 9 times that she knew about and deliver healthy babies 8 times. My neice was born with a kink in her fallopian tube which was filling with blood and looked like a tumor. It was discovered when she was in utero and so my SIL was induced early. The kink/blood bubble was the best case scenario, but the infant lost her ovary. This may have been what happened to my mother's as well.

Just so that you know that you only need one ovary to produce all the hormones and, if you want to, to conceive.
GabiandViFemaleBenin2008-04-23 12:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNeed your advise please
QUOTE (Jdee @ May 8 2008, 05:16 PM) <{POST_SNAPBACK}>
I am a USA citizen. My wife and I married since Dec. 2006. We have one child. Here are the facts and I’d like to get your advise on the implied complications and how to proceed the application. I had filed applications for my previous 2 marriages (is this a problem?). Both of them granted status.

1. she entered US as Visitor visa 1996
2. filed I-485 AOS rejected on Sep. 2005
3. I-94 expired on Aug. 2006

Thank you for reading my message. I appreciate the help you can give us


I'm not sure that you have provided enough information for anyone to give you informed advice. However, my gut feeling is that you need to contact a lawyer. Has your wife been living in the US since 1996? If so, how did her I-94 remain valid for so long?

Obviously I don't really know much because I thought that an I-94 became null immediately when an AOS was denied. Regardless, I believe I understand you to be saying that your wife has overstayed her visa for nearly 2 years. Again, I really think you need a lawyer.

Good luck.
GabiandViFemaleBenin2008-05-08 07:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresG-325A form question
QUOTE (Otto und Karin @ Jul 19 2009, 01:25 AM) <{POST_SNAPBACK}>
QUOTE (GabiandVi @ Jul 18 2009, 11:19 AM) <{POST_SNAPBACK}>
QUOTE (Otto und Karin @ Jul 19 2009, 01:38 AM) <{POST_SNAPBACK}>
QUOTE (GabiandVi @ Jul 18 2009, 10:20 AM) <{POST_SNAPBACK}>
In the last five years, I lived in three different apartments in China. Should I list each of these separately, or do you think I can get away with listing just one address for the last five years - my place of employment? On my tax returns, I put the address of my place of employment, but I was less worried about the IRS being as concerned about my address as I am about the USCIS. Just answer openly and truthfully - this is a biographical data sheet and there is nothing to 'get away with' - list all applicable addresses.

If I put the three different addresses, I don't know how to answser the next item, "Applicant's last address outside the US for more than a year". I only lived in the last apartment for 8 months before moving back to the US. I was not at that address for more than a year, but I was outside the US for a total of 12 years. They are asking for the last address you lived where you lived there a year or more - if that means something other than the last place you lived, then list that.

It (the G-235A) is not a tricky form - there's no real wrong answer - simply complete the questions as they request - try not to over-think the questions. good.gif


Thanks. The form should be straight forward and it seemed so until I actually started inputting the info. Like I said, I don't even know my physical addresses. I'm sure I could find that information, but I'm also worried that the address listed on my tax returns will not match the addresses on the G-325A. For the entire 8 years I lived in China, I always listed my employer address for any documents I needed. I never even gave it a second thought until now. If I weren't overthinking it, I would go with my employer's address. I guess that is what I'll do.

Tax return address(s) don't necessarily need to match what is on the G-325a


That's true, usually, but I had to file a form 2555 with my 1040 in order to get the foreign earned income exclusion, and it asks for my address abroad. It probably wouldn't come into play until I had to file the affidavit of support, but I still wonder about it. I guess I'll just go with my initial thought and use my former employer's address as my address. Until I started to doubt myself with this form, I never gave it a second thought. I filled out dozens and dozens of official documents over the years listing my employer's address as my address abroad. This way, I'll be consistent.

Thanks again.

GabiandViFemaleBenin2009-07-18 18:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresG-325A form question
QUOTE (Otto und Karin @ Jul 19 2009, 01:38 AM) <{POST_SNAPBACK}>
QUOTE (GabiandVi @ Jul 18 2009, 10:20 AM) <{POST_SNAPBACK}>
In the last five years, I lived in three different apartments in China. Should I list each of these separately, or do you think I can get away with listing just one address for the last five years - my place of employment? On my tax returns, I put the address of my place of employment, but I was less worried about the IRS being as concerned about my address as I am about the USCIS. Just answer openly and truthfully - this is a biographical data sheet and there is nothing to 'get away with' - list all applicable addresses.

If I put the three different addresses, I don't know how to answser the next item, "Applicant's last address outside the US for more than a year". I only lived in the last apartment for 8 months before moving back to the US. I was not at that address for more than a year, but I was outside the US for a total of 12 years. They are asking for the last address you lived where you lived there a year or more - if that means something other than the last place you lived, then list that.

It (the G-235A) is not a tricky form - there's no real wrong answer - simply complete the questions as they request - try not to over-think the questions. good.gif


Thanks. The form should be straight forward and it seemed so until I actually started inputting the info. Like I said, I don't even know my physical addresses. I'm sure I could find that information, but I'm also worried that the address listed on my tax returns will not match the addresses on the G-325A. For the entire 8 years I lived in China, I always listed my employer address for any documents I needed. I never even gave it a second thought until now. If I weren't overthinking it, I would go with my employer's address. I guess that is what I'll do.
GabiandViFemaleBenin2009-07-18 12:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresG-325A form question
I'm trying to fill out this form and I'm a little confused about what to put for my address for the last five years and my address abroad for more than a year.

I lived in China for 8 years. During that time, my mailing address was always my place of employment because mail not addressed in Chinese characters was not delivered unless the addressee had an agent at the post office who was paid to look for mail addressed in a particular alphabet to a particular address. I lived in several different apartments during my time there, but I don't even know the street address for these places, and for the last place, I don't even know the street name, only the name of the housing development and district it was located in.

In the last five years, I lived in three different apartments in China. Should I list each of these separately, or do you think I can get away with listing just one address for the last five years - my place of employment? On my tax returns, I put the address of my place of employment, but I was less worried about the IRS being as concerned about my address as I am about the USCIS.

If I put the three different addresses, I don't know how to answser the next item, "Applicant's last address outside the US for more than a year". I only lived in the last apartment for 8 months before moving back to the US. I was not at that address for more than a year, but I was outside the US for a total of 12 years.

Whatever I decide to do, I will have to be consistent with my husband's forms and that includes the last address we shared. If I go with my employer's address, I will also give this as the address we shared. This is valid for my purposes, I feel, because his visa to China during that time was through my employer as my spouse.

Does anyone have any advice? Thanks.

Edited by GabiandVi, 18 July 2009 - 11:21 AM.

GabiandViFemaleBenin2009-07-18 11:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestions - Getting Married and Living in Her Country
QUOTE (jpetrocxme @ Jul 20 2009, 12:50 AM) <{POST_SNAPBACK}>
QUOTE (GabiandVi @ Jul 19 2009, 12:34 PM) <{POST_SNAPBACK}>
QUOTE (jpetrocxme @ Jul 19 2009, 11:47 PM) <{POST_SNAPBACK}>
Hi All,

I am curious about something.

Assume to be getting married in her country and then living there for 1 or 2 years. Due to the different income (lower in US dollas), what does one (USC) do to meet income requirements. I assume that I'd be able to do DCF also.

To further augment information. I already receive a pension that is about equal if not slightly more than the average nonthly income in her country. In 3 years and 1 month I be able to receive my social security at age 62.

Information, comments, suggestions and critique are welcome
Thanks


Do you have assets that would put you over the poverty line? With your pension, your Belarus income, and with your assets, you might be able to qualify. If not, I guess you'd have to have a co-sponsor.

Or, could you work for a US or other foreign company there? I don't know how it works in other careers, but in teaching, if you are a foreign hire, you get a good salary, so if you can, secure employment with a multinational company before you go, and they should give you a decent package. I know. Sounds much easier than it is.


With my pension alone, it would only be about 40% of the defined poverty line. With Social Security I would exceed that adequately. Do not have any substantive assets as such. Only one family member remains and she is on disability so that can't be an option either.

I do currently work full time in manufacturing. That income alone is about 96% of the poverty line for 2 persons. So with the pension I am OK.

If I move there and then collect ocial security for 1 year (when eligible), all things would demonstrate a stable income for us to move here. The plus side is that we'd be together for the time.

At this time I am weighing my options so that I can at least say that I have looked at all possibilities.

Thanks


If it won't affect your final social security payment or your current pension, and you don't have a lot of other things holding you to the US, I'd go for it and wait it out. You could start the process just before your ss kicks in. It will go much faster doing it DCF and you will have been married more than 2 years so your wife's residency won't be conditional. And a really good bonus is that you'll have the adventure, and you'll be much more familiar with your spouses culture. The significance of that cannot be overestimated.
GabiandViFemaleBenin2009-07-19 12:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestions - Getting Married and Living in Her Country
QUOTE (jpetrocxme @ Jul 19 2009, 11:47 PM) <{POST_SNAPBACK}>
Hi All,

I am curious about something.

Assume to be getting married in her country and then living there for 1 or 2 years. Due to the different income (lower in US dollas), what does one (USC) do to meet income requirements. I assume that I'd be able to do DCF also.

To further augment information. I already receive a pension that is about equal if not slightly more than the average nonthly income in her country. In 3 years and 1 month I be able to receive my social security at age 62.

Information, comments, suggestions and critique are welcome
Thanks


Do you have assets that would put you over the poverty line? With your pension, your Belarus income, and with your assets, you might be able to qualify. If not, I guess you'd have to have a co-sponsor.

Or, could you work for a US or other foreign company there? I don't know how it works in other careers, but in teaching, if you are a foreign hire, you get a good salary, so if you can, secure employment with a multinational company before you go, and they should give you a decent package. I know. Sounds much easier than it is.
GabiandViFemaleBenin2009-07-19 11:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTranslation
Sort of related. If the PCC comes in English, even though that is not the language of the country, does it have to have some sort of "translation" affidavit with it? We had gotten a PCC from China for my husband and it was in English. It is now no longer valid, but if we get another one, it will probably be in English like the last one.
GabiandViFemaleBenin2009-07-19 12:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPCC expiration date
I know that the validity period for a PCC from China is 3 months, but what if the beneficiary got a PCC from China a few weeks before leaving the country, and hasn't been back in over 2 years? Does he need to get a new one?

I'm sure I know the answer, but I'm dreading having to go through getting a new one out of China. It was a hassle when we were in the country. I can only imagine what a pain in the backside it is going to be from abroad.
GabiandViFemaleBenin2009-07-20 12:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHelp with Info on IR-1 possible to switch to DCF
QUOTE (cornbread @ Jul 26 2009, 12:39 AM) <{POST_SNAPBACK}>
[Sorry, but what someone says on here as to what you qualify for may or may not be the way the consulate sees it. I say ask them and let them tell you NO. That is the best thing to do....not just take someone's word on here that you can't do something based on what they read the rule to be.

Yes rules are rules.....but let the consulate tell you that you can't do it before you throw in the towel.


Too true. When we first started talking about moving to the US, I called the US Embassy in Benin to see if it would be possible to apply DCF from there while I was visiting the following summer. At that time, I didn't know enough to know this was not according to the rules. I only knew that where we were living in China took a long time and I figured it wouldn't take nearly so long from Benin where there are relatively few immigration applications and where the person making the decision would understand the culture of my husband.

The person I spoke to in charge of immigrant interviews, etc., hesitated for a few moments, but finally said that they could do it. I would need to bring ALL MY documentation for the entire process, i.e. the AOS and my tax returns, as well as the I130 and the 325s to Embassy that summer. She said we could just do my interview at the same time I filed and then could go through the rest of the process. My husband would probably get his visa by November of that year. Again, I didn't know much of what she was talking about, but she seemed to and she said it would be okay.

Unfortunately, that summer when I arrived, there had been a change at the Embassy. The person I had spoken to had moved on and as yet they had not replaced her. The person who spoke to me that summer was not very well informed and didn't think that the Embassy in Benin proccessed any DCFs any longer or any immigration applications. I took her for her word. All this time since then, I have been thinking that while my husband is living in Benin and is from Benin, he would be proccessed in Ghana, which is what I was told that summer. Only recently have I begun to think that is totally wrong and he will be processed at the Embassy in Benin after all.

So I agree, the way the consulates see things may not be the same as what the rules are or what people here tell you. If it is not going to slow your process down, it doesn't hurt to ask. Sometimes, you get a human on the phone.
GabiandViFemaleBenin2009-07-25 11:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNeed advice on filing for CR-1 or K3
QUOTE (txladykat @ Jul 25 2009, 09:25 PM) <{POST_SNAPBACK}>
Also, with the CR1 visa, the immigrant is eligible to work immediately upon entering the US. Not the case with a K-3 visa.


And the CR1 visa ends up being cheaper in the end. So if money is an issue . . .
GabiandViFemaleBenin2009-07-25 11:50:00
IR-1 / CR-1 Spouse Visa Process & Proceduresgetting a pcc from outside of china. Anyone have experience with this?
My husband lived in China (with me) for a period of about 4 years spread over about a 4.5 year period. Before he left China for the last time 2.5 years ago, we got his PCC. We actually needed two of them because he had moved home for about 6 months in the middle. Anyway, they are now outdated, so we will have to get new ones.

Does anyone have experience applying for PCCs from China from outside of China for someone who is not Chinese? I remember it being a hassle when we did it while living there. How much of a hassle can I expect it to be, and how long will it take to get them? In other words, when should he start to apply for them? They are only good for 3 months.

He has friends living in the city where we lived, so he can get his friends to help him, but how long will it take and what should we expect to have to do? The guide on travel.state.gov about how to obtain visas is a bit cryptic.
GabiandViFemaleBenin2009-07-25 12:18:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIR1 Steps after arriving
The previous poster can answer your questions better than I. I would only like to add that I worked with people living abroad who had US permanant residence. They used to talk about something called a white passport, but there was a lot of talk about that becoming less reliable after 9/11. However, I know at least one of my friends who has never lived in the US but maintains her residency, and another who has not lived in the US for at least 12 years who maintains her residency. The former has only visited the US twice or three times in the last 8 years. They are both married to teachers who teach in international schools. These schools are not associated with the US, in other words, they are not embassy schools or department of defense schools, and they are not "American Community" schools. In fact, tha school where I taught with their husbands hasn't nad more than 10% American students in the last 6 or 7 years. (If you work for a DoDD school your spouse's time abroad is counted as time in the US.)

I don't know exactly how it works, and we decided not to go that route (get permanant residency before we knew we were moving to the US.) I'm pretty sure it is not called a "white passport" anymore, and I'm also pretty sure that since 9/11 the policies regarding this situation have changed, but I know it is possible to take your PR spouse abroad and still maintain PR status. However, that time abroad does not count toward your residence when it comes to getting citizenship, and the discussion among my friends (there were 5 couples at my school with this situation in the 2001/2002 school year but at least one got divorced and another two moved away after that year and I don't know what they are up to now) was that even with the white passport, the entry of the PR was at the discretion of the border agent and there was fear that the PR would be turned back. However, this never happened to my friends, the one of whom goes to the US every summer.

Hopefully people who know more specifics will be able to advise you. I just wanted you to know that the option exists. I may be checking into it in a few years when my daughter starts school. I'm teaching in public schools again, and I CANNOT let her end up in one.
GabiandViFemaleBenin2009-07-23 07:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow long is a PCC valid?
QUOTE (savina @ Jul 28 2009, 02:18 AM) <{POST_SNAPBACK}>
somebody please reply...........



I've never been able to figure this out, but if you go to LingChe's short cuts in the Wiki's, he has a link to a page on the US state department. I'll find it.

http://travel.state....ocity_3272.html

You choose India from the drop down menu and there is a chart telling you a length of validity for documents depending on what type of visa you are going for, I'm assuming an R visa. Below that is an explanation of how you go about getting your particular documents for the country you hae chosen.

It still isn't very clear for me, and no one can give me a clear answer for my situation. My husband has not been in China for 2.5 years and has a PCC that is dated about 4 weeks before he left the country for the last time. It seems crazy that he has to get a PCC for years when he hasn't been there. The PCC will only list the period of time that he was in the country, not up until the present, so . . . But to be safe, we are going to get another one. At least we will try. It's going to be a real pain in the backside.
GabiandViFemaleBenin2009-07-27 14:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPCC for College Years needed?
QUOTE (gqbabson @ Jul 31 2009, 01:29 AM) <{POST_SNAPBACK}>
I also posted in South Asia:

Hey VJ'ers,

My wife got her PCC from Passport Office (her passport is less then 6 months old, so local PCC not needed - this I have e-mail confirmation from Embassy).

BUT, I forgot to ask if PCC is needed for the 2 years my wife was i college in Mumbai? She lived in a hostel there, so does Police give PCC for that? If so, does it take long? PLEASE HELP!! This would be for Juhu Police Department.


I can't answer for how long it will take, but I know she has to get a PCC for any place she lived for more than 6 months after the age of 16.

GabiandViFemaleBenin2009-07-30 15:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow did you meet?
QUOTE (Mike and Yan @ Aug 2 2009, 07:55 AM) <{POST_SNAPBACK}>
Don't you listen to these idiots....

you met in a bar on a nude beach or brothel,

UNDER NO CIRCUMSTANCES GIVE THEM ANTHING THEY COULD TRIP YOU UP WITH.

it's the Government and you better learn how to decieve them.......

word to the wise...

good.gif


You've missed your mark with your attempt at humor. Perhaps if you hadn't used such angry language . . .

Edited by GabiandVi, 02 August 2009 - 09:44 AM.

GabiandViFemaleBenin2009-08-02 09:43:00