ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresHow much evidence is too much?
The big thing with the proof is to prove more than u just going to the country. Hotel receipts, ATM, train stubs and pics along with the passport and itinerary is sufficient.
Pictures with her and her famly help also, but in the end it depends on the interviewer at the embassy or consulate. I personally included a sampling of Chat archives instead of everday (twice a-day) chats and phone calls. Just enough to connect the dots and paint the picture for the consulate. Ur finacee's haveing a scrap book of ur relationship has been a suggestion on this board, not really sure if it helps or not but it is a nice touch. Good luck. Payato
Ken_MariaMalePhilippines2006-09-25 12:07:00
K-1 Fiance(e) Visa Process & ProceduresGive me your advices, please
if he is a U.S. contractor working overseas and has an APO mailing address, that is considered a U.S. address for UCIS. There shoould be no issues other than the mail taking a little longer to get to the APO. Good luck, Payato
Ken_MariaMalePhilippines2006-09-24 13:08:00
K-1 Fiance(e) Visa Process & Procedureslegality of several marriages

My fiancee's family cannot come over here for the wedding. We plan to get married here. Later, we were hoping to go back to the Philippines and get married there also, because my family can go to the Philippines. Does anyone know the legality of this?



Kirk and Jenny, I have several friends that have done exactly what several of you are proposing. The legal marriage in the states is recognized in the PI so no need for the marriage license fiasco in the PI. If it is just the Catholic Church ceremoney to be recognized by the PI Church u r wanting, u both have to be Catholic or the non Catholic will have to attend some classes at the church.
Most all my friends just had the ceremoney in the PI for the benefit of their spouses family. My frineds just did this in Dec and they have been married for 2 years already in the states. Good luck and congrats, Payato
Ken_MariaMalePhilippines2006-09-29 13:09:00
K-1 Fiance(e) Visa Process & Procedureschecking account

my USC fiance don't have a checking account...his mother provided the check...would that be ok?


No banking account is likely going to involk question when it comes the 134 Affidavit of Support. If he has no bank account, how is he to prove he can support you and become a state burden. Even savings accounts have checks, does he have a savings account?
Ken_MariaMalePhilippines2006-09-30 00:43:00
K-1 Fiance(e) Visa Process & ProceduresNOA 1 :)

I sent my I-129F files into the NSC on 9/13/06 and they received it on 9/14/06. Then I got my NOA 1 on 9/25/06. Yay! I guess its now in CSC per the NOA 1 I received in the mail. I'm so happy and excited. Hoping for the rest of the process to be smooth and no RFEs. Crossing my fingers and praying for this


congrats now the waiting begins... we got our NOA2 in 54 days but a lot of people had to wait a lot longer. Payato
Ken_MariaMalePhilippines2006-09-30 07:07:00
K-1 Fiance(e) Visa Process & ProceduresPassport photo problems

Ok - so i had my photo taken at Mildenhall base - people in the military go there for passport photos, spouses go there for visa photos and I assumed that as it's the us govenment that have these people on the base (an american company) that they would do it right. Everything looked good - got my 2 passport pictures taken for $5.75 and now I've checked the photo spec and it says about having to have 1/2 inch between the top of the photo and the top of my head - but there is just over 1/4 inch space! Does this mean they wont accept this photo? My fiance got his passport picture taken there and his was accepted and when i was there i asked if anyone had been turned away with the photos they take and they said no. What u guys think?

You should be ok as those places get a lot of business and if they were getting rejected, customers would have already said somehting. I took mine on the current base I am at and no rejections... BTW I have a government and civilian passport with pics from the same place. Good luck Payato.
Ken_MariaMalePhilippines2006-10-02 04:04:00
K-1 Fiance(e) Visa Process & ProceduresShould I go with fiance' to interview?

Hi all. I'm sure this has been discussed somewhere, so sorry if I'm duplicating efforts. I think our interview in Manila will be somewhere in the December to February timeframe. I just returned from Phils, and so am naturally already planning my next trip! I have a couple questions for those of you who have already been down the interview path . . .

First, should I, or do I, go with Evelyn to Manila when she has her interview, or does she go alone?

Second, is the medical in Manila, and can it be scheduled at approximately the same time as the interview so that we could make a single trip?

Finally, how soon after the interview completes can we expect the visa in hand? When she is ready to leave Phils, I would go there to bring her back to the states, and I imagine this would have to be a separate, later trip from the interview, right?

Thanks!!


Bowhunter, I attended both my Fiancee's tourist visa interviews in Manila. Both were denied, but the point is u can attend, just bring ur passport so they will let u in past the security. U can not sit with ur fiancee' but u can sit in the same room... the waiting area is only separated by a partition and pretty small. We are alos hoping for an interview prior to Christmas but expecting more like Jan. Good luck, Payato
Ken_MariaMalePhilippines2006-10-02 00:51:00
K-1 Fiance(e) Visa Process & ProceduresAge Difference Relationships

I was wondering if there were other members here who have gone through the K-1 process and have a significant age gap between one another. There are 27 years between my fiance and I and I'm afraid we may be treated differently/unfairly because of it (already experienced discrimination of sorts at the border with US Customs because of our age difference). :unsure:


You do not mention your finacee's age, but if she is 21 or older there is usually not an issue with the interview. When they are between 18-20 there seems to be more proof of relationship and parental involvement involved in the process.
I assume you question is about the K1 process and not how you will be treated or viewed once back home? I am 20 yrs older than my finacee' and believe me I did not go looking for someone her age, it just happened naturally. We will face the looks and whispers when we get back to the mainland, but I am only concerned with US, and our families. So far our families are cool with it as long as we are happy. Good luck, Payato
Ken_MariaMalePhilippines2006-09-30 23:45:00
K-1 Fiance(e) Visa Process & ProceduresPassport photocopies

Tamzyn,

The passport photocopies will be adequate to prove US citizenship. You do not need to have the photocopies notarized.

As an FYI, you do not need to be a US citizen to serve in the US military. As an example, their are many Filipino citizens serving in the US Navy. Thus, the military ID does not prove citizenship.



For our K1 application we will be sending photocopy of all pages of Jamals US passport as proof of citizenship. The reason for this is his birth certificate has the wrong last name on it - it took him years of problems to get his passport to the correct name and we are worried that it will delay the application. Also his passport shows millions of stamps to the UK from when we've been on trips to Europe. Do we need to get this notorized? We have more proof that he is a US citizen as he is in the US Airforce - would it be worth it to send a photocopy of his military ID? We've also got copies of his orders to the UK and to his next base.


Non-U.S. Citizens can only serve in the military for 5 years then have to declare U.S. citizenship or separate from the service. Most service members apply for AOS as soon as they come on active duty.

But to answer her question, I included a copy of my miiltary ID as well as the copies of passport pages. Good luck, Payato
Ken_MariaMalePhilippines2006-10-06 07:39:00
K-1 Fiance(e) Visa Process & ProceduresA Tricky Question... I need some 'exert' advice

Again, I wish to God I had found this site before I had filed my I-129F... This is gona be long, sorry!

My RFE also asks for more particulars about how I established my relationship with my fiance, and to be quite honest, I am not exactly sure, here's why.

I met her on an online dating site, but it was a site where I was given limited access for free and I did not have to pay a fee for a basic account and I actually did it more out of bordome than anything else. I'd been seprated for 8 years and had just finally filed for divorce and started thinking if I might find a better match for myself by trying to find somone with common interests and beliefs (computerized method).

When I singed up, I didn't even use my real name, I just made one up so I could get in and take a peek at profiles and get a feel for how computerized matching worked. My fiance just happens to be the very first person I ever contacted on one of these sites and was the #1 match for me. The way the site works now, is that as long as ONE of the members is a paying member, they can receive messages from a non-paying member. Two non-paying members cannot communicate. I did not know this at the time and I am not sure if that was even the rule then because at the time, it was a relaatively new site with not many members, and I think thier rules may have changed since last September. The site has certainly grown alot since I was last there, (i just checked it for the first time in over a year today).

I have to check with my fiance and see if she had paid a fee, thus allowing me to contact her, but I suspect she was a paying member based on what their rules are now, but I dont know for sure.

I know for a fact that my very first email to her, after she responded to me with her email address, was an explanation as to why I had singed up on that site using a ficticious name. I am a business man, and I was reluctant to put any 'real' info on there becuase I did not want a customer looking me up and finding me on a dating website - hehe. She understood and we were simply pen-pals in the beginning discussing a common interest.

Now I am wondering if I answered the IMBRA question correctly. Can I just expain this to in the RFE that if I answered the question wrong it was becase I did not think it applied to me at the time, but now I think it might? Anyone else ever have something like this? Our 'love' relationship did not develop on this site, it actually developed when we started chatting on Yahooo messenger.

I'd be interested in knowing if anyone else has had this question or has any ideas.

Bill


PS - darn it's frustrating you cant edit your topic, i meant EXPERT advice hehe


Bill I think you rquestion is whether the site you met your fiancee on was or is now an internet dating site? There are many forums like Yahoo, Friendster and a few more that are not dating or international marriage brokers. I think you shold explain it the same way you explained it here stating that after initial contact you continued your relationship outside the ocnfines of the dating site. I am not sure and by far no expert, but it appears the RFE is because they think or suspect you met on one of the marriage broker sites like Thailovers, Filipinaheart or CherryBlossoms. Good luck, Payato
Ken_MariaMalePhilippines2006-10-06 04:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNeeding advice
Hi there!

My husband and I got married on March 25th 2010. We have our wedding celebration planned for October with friends and family, but we knew that the immigration process was going to be a long one and wanted to get started on it as early as possible. We filed our 1-130 on Monday and he received his delivery receipt today in the mail. No NOA1 yet, but its still early. We were all set to go the K3 visa route, but after reading forums on here, we aren't sure that is the best way to go anymore. I was wondering if you all could give us some advice on what we are looking at as far as wait times etc for K3 versus CR-1. From what I'm reading, it looks like the CR-1 is the less expensive route since it requires no adjustment of status. Ive also read that since I'm in Canada, it might be a little longer wait because Montreal is one of the slower processing places. I'm sure I'll have loads of questions as our visa application goes on. I just don't want us to make the wrong choices. I have some Canada specific questions also, but I will post those in the Canadian forums later :) Anyway, any advice you all can offer would be greatly appreciated. I'm a nervous wreck! haha.

thanks!
Shawna and JamesFemaleCanada2010-06-21 15:17:00
IR-1 / CR-1 Spouse Visa Process & ProceduresProbably a dumb question

You should never leave any question blank. You should put n/a or 'none' where applicable. In this situation you should put n/a

Good luck.



yeah when He was here in May I had filled out the I-130 and put N/A but I had the wrong zip code for him so he said he would re-do the form. I guess he didn't copy the N/A I had put in :( I figured that's what it was.
Shawna and JamesFemaleCanada2010-06-28 13:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresProbably a dumb question
Hi there,

My husband and I sent in our I-130 a week and a half to two weeks ago. He received the whole package back on Saturday with a notice saying section C was incomplete. "The application/petition has not been fully completed. One of more of the following field(s) were not completed; Part C Address. Please insure that you have answered all questions fully and accurately and return your application package with appropriate fees and supporting documentation to the USCIS address below"

Now, he is in Arkansas and I am in Canada. So I cant SEE the application. But from what he read to me over the phone, it sounds like the only thing we can think of might be that he left question number 21 blank. We have not lived together so he didn't answer that. I guess my question is, well really two questions.. If he just fills it in as N/A is that acceptable? and 2) the forms had this long numbered stamp on them and we are unsure as to whether we should just fill in N/A and resend that form in, or fill out a new form?

thanks a bunch!
Shawna and JamesFemaleCanada2010-06-28 13:39:00
IR-1 / CR-1 Spouse Visa Process & Proceduresyet another question
thank you all for your input! We are both excited and nervous!
Shawna and JamesFemaleCanada2010-06-30 21:31:00
IR-1 / CR-1 Spouse Visa Process & Proceduresyet another question
We sent in our I-130 today and as an after thought we thought about the G-1145. Obviously we cant send it in with the I-130 as its already in, but is there another point where we can send it in or are we SOL now?
Shawna and JamesFemaleCanada2010-06-29 00:14:00
IR-1 / CR-1 Spouse Visa Process & Procedurestravel question
So, my husband and I have come to accept that the 5 month processing time will, in fact, be longer via Montreal. I was hoping to get everything done before December so I could watch him graduate from University, but it does not look like it will be finished before then. That's ok. My question is this: If I wanted to visit him for the month of December to watch him grad and spend Christmas with him, what do I need to bring to the border as proof of ties here in Canada? I'm currently living back with my parents so I do not have a lease agreement. I am self employed, so I do not really know how to prove I'm coming back that way. We will, of course, purchase a return ticket and I will bring our paperwork as proof we are going about it the correct way. I just really want to see him walk at his grad and spend Christmas with him. Any advise would be appreciated! Thanks a bunch!
Shawna and JamesFemaleCanada2010-07-06 16:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 Section C Help!

Here is a link to an example 130 - compare your to this and see if anything is missing. As per question 21 we only lived together for a few weeks so I put the address and the to/from date in there.

http://www.immihelp.com/forms/i-130-sample-petition-for-alien-relative.pdf



thank you for this. I had my husband compare it to ours and we still cannot figure out what we missed :( I think hes going to try it one more time and if it doesnt work he will make an appointment in memphis. Whatever it is, Ill make sure to update as soon as we know.
Shawna and JamesFemaleCanada2010-07-13 00:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 Section C Help!

Ok so I have a really stupid question. I was looking at the form again last night. the PDF version, not our completed one. And here's my question. For some reason we didn't notice section C started at question 1. (don't ask... he read it out to me starting at 17 and I didn't look at the form until last night). SO.. would they send it back because for question 2 in section C, because I don't live in an apartment, I live in a house, he left apartment number blank instead of putting N/A in? It seems pretty nit-picky to me... but that's the ONLY other thing we an think of. Hes on hold trying to get through to someone now..



edit: USCIS phone number was no help. the kid told him that might be it, but he couldn't tell for sure and that we could just try it again or he can make an appointment to go talk to someone about it at the help center 3.5 hours away.
Shawna and JamesFemaleCanada2010-07-12 10:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 Section C Help!
Ok so I have a really stupid question. I was looking at the form again last night. the PDF version, not our completed one. And here's my question. For some reason we didn't notice section C started at question 1. (don't ask... he read it out to me starting at 17 and I didn't look at the form until last night). SO.. would they send it back because for question 2 in section C, because I don't live in an apartment, I live in a house, he left apartment number blank instead of putting N/A in? It seems pretty nit-picky to me... but that's the ONLY other thing we an think of. Hes on hold trying to get through to someone now..
Shawna and JamesFemaleCanada2010-07-12 10:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 Section C Help!
he is going to call on Monday for sure. we are so frustrated. we put NA for the living together because we have just visited. He put NA in the adjustment of status thing too because Im not living there so there is no adjustment needed. I wish when they sent the package back they would carify WHICH question instead of just saying "section C Address"
Shawna and JamesFemaleCanada2010-07-11 13:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 Section C Help!
Ok so my husband and I mailed in our I-130 and it was returned to us. Saying that section C was incomplete. We figured it was because he left the "address you last lived together at" blank. SO, we went ahead and filled it out again and filled in that part with N/A. Sent it in again, and again it was sent back saying section C is incomplete. What are we missing? Everything is either filled in or N/A was put in! We are now a month behind in our paperwork because it takes 2 weeks for them to get it back to us! Any information would be greatly appreciated.

thanks
Shawna and JamesFemaleCanada2010-07-10 23:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNOA1 wait times?

The general rule, as I have been told on VJ is that you have to wait 1 month longer than the National average time of approval. Meaning, if you filed in July, and there was a 6 months average wait time, you would have to wait until February to call and inquire into the situation.

You know they received it, so I would just sit back and start the long wait with the rest of us. Don't waste time and money canceling checks when that alone could delay the process even more!



yeah I just didn't think the NOA1 would take this long. I knew the NOA2 was going to be a couple months, but from what I had read it was looking like NOA1 was going to be 7-10 days from receiving it. We are just getting anxious because if this doesn't work, he has to drive 3.5 hours to Memphis to see someone in person to help with our rejected application. :(
Shawna and JamesFemaleCanada2010-08-04 17:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNOA1 wait times?
Hi guys,

So... we originally submitted our I-130 in June, it was sent back. We thought we corrected it, resent it in, again, it was sent back. My husband sent it in AGAIN on July 15th and we have heard nothing. The two times it was sent back, we had it back within 7-10 days. Now we have been waiting for 20 days. His delivery receipt says it was received at the destination on July 21st, 2010. So even if we go with that date and not the date he mailed it, we are still at 2 weeks. Additionally, the cheque he enclosed, has not been cashed yet. At first we thought it was taking longer because maybe we got it right this time, but now we are starting to worry. We don't even have a case number to call and inquire about. How much longer should we wait? and if we don't hear anything, should we put a stop payment on the cheque and re-submit for a 4th time?

thanks.
Shawna and JamesFemaleCanada2010-08-04 16:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSO excited!
After our 4th attempt at filing an I-130, it was -finally- accepted! We kept getting it returned saying "Section C: Address" was incomplete or incorrect. this last time, we changed two things. Under my Place of Birth, we included my Canadian Province, and under last address we have lived together, we wrote that we had not cohabited but visit each other as frequently as possible. So we aren't sure which change made a difference (a kind soul here had advised me to add the province, and USCIS responded to an email stating to try putting in why we hadn't cohabited instead of just that we had not)

In any-case, we are FINALLY on our way! <3 SO excited!

So.. I know it will be a few months before we get our NOA 2, but what can we expect from here on out?

thanks a bunch!
Shawna and JamesFemaleCanada2010-09-11 22:10:00
IR-1 / CR-1 Spouse Visa Process & Proceduresbraindead question
gah I cant delete this but I answered my own question, nevermind.
Shawna and JamesFemaleCanada2010-09-29 01:24:00
IR-1 / CR-1 Spouse Visa Process & Proceduresbraindead question
Hi guys,

I thought I knew what we were doing for this whole CR-i immigration process but now Im a little confused. I figured we submitted the I-130 and then followed instructions etc. But I was poking around on the USCIS website looking to see about traveling to the US for the holidays to be with my hubby, and I came across this whole I-485 thing, and I wasn't really sure where that fits into the whole process. I had thought we needed to file it way back when, then I wasn't thinking we needed to and now I'm not sure. help?

-thanks.
Shawna and JamesFemaleCanada2010-09-29 01:18:00
IR-1 / CR-1 Spouse Visa Process & Proceduresprobably a crazy question
wow Ive totally been off my rocker this whole time then. For some absurd reason Ive been thinking that it was 2 months between NOA1 to NOA2, then 7 months from NVC receiving the paperwork to interview. So I was thinking ok, 9 months isnt fantastic, but its do-able. So I guess my question now is, 5 months to NOA2 (luckily we are 2 months into that process), but then still another 7 through the Montreal center? Also, Im going to visit my Husband in a week and a half for 2 weeks. I have a friend who just got their fiance visa and she said her and her fiance would do 3 month long visits and then hed come back to Canada. Is 3 months the maximum for a visitor visa before you are considered there illegally and jeopardize your immigration paperwork?
Shawna and JamesFemaleCanada2010-11-05 14:18:00
IR-1 / CR-1 Spouse Visa Process & Proceduresprobably a crazy question
hmm ok ours is WAC so I guess that makes us California. hrmmm. So ok another question: when I go to the whole "processing times" thing on the uscis site, and it says California center average is 5 months, does that mean it will take them 5 months to get us our NOA2 and forward it to the NVC?
Shawna and JamesFemaleCanada2010-11-05 13:56:00
IR-1 / CR-1 Spouse Visa Process & Proceduresprobably a crazy question
I keep seeing things on here about what service center your paperwork is going through, and Ive been too afraid to ask because I didn't want to look like an idiot, but here goes. How do I figure out which service center has our paperwork? We've had our NOA1 now for 2 months and it still says "initial review" so Im getting a little antsy about when it will move forward. No RFEs as of yet. But I also know that once it gets to NVC we are looking at at least 7-9 more months in Montreal. Anyway, thanks a bunch!
Shawna and JamesFemaleCanada2010-11-05 11:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE General Question
we sent all the required documents. I figured Id save the wedding photos, visit photos, mushy cards, skype logs, etc for the interview.
Shawna and JamesFemaleCanada2010-11-10 13:18:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE General Question
thanks for that. So far so good.. except I read some of the packages people are sending in and think geez we never sent half of that in.. like pictures, etc etc.. Just the forms and 3 letters from witnesses who have seen us together etc etc. So, to be honest, I am kind of expecting one. blah.
Shawna and JamesFemaleCanada2010-11-10 13:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE General Question
We haven't gotten one.. yet.. but Ive seen a few RFE threads. I was wondering if there is a general point in the USCIS time-line that they seem to go out? We are at just over 2 months now and were wondering if it seems to be closer the the 5 month mark or if its 100% random. Also, if we are going to get one, do they send it to the petitioner or the beneficiary? I'm (the beneficiary) going to be visiting my Husband next week and we were wondering about whether one would be sent to me while I'm visiting or if it will always go to him. I'm not sure I'm wording this well. /sigh.
Shawna and JamesFemaleCanada2010-11-10 13:04:00
IR-1 / CR-1 Spouse Visa Process & Procedureswish me luck.. hah

Assuming you were not given an I-94 restricting your stay, you can simply change your mind and stay - no one to notify. Since Canadians do not require visas, no visa extension is necessary.

Be cautious not to overstay your 180 days that Canadians are allotted

Good luck - congrats on your smooth entry and welcome to Atlanta, we need more Canadians here!



180 days?? thats 6 months! I was under the impression that 3 was the limit.... This is for real, if we could afford it, I could stay 6 months before going back? and it wont effect our immigration papers?
Shawna and JamesFemaleCanada2010-11-17 11:10:00
IR-1 / CR-1 Spouse Visa Process & Procedureswish me luck.. hah
yaay everything went well <3 a slight delay in departure in Atlanta, but other than that no hitches.. other than an overweight bag so I had to carry around a 10lb stone baking sheet all day. My arms got a work out! lol. Looking forward to enjoying my amazing visit with my husband. My trip is for two weeks, but we had a question. If near the end of our stay we wanted to extend it, do we need to contact anyone to advise them of that? (I work for the family business, so I know I could get the time from them, so Im not worried about not having a job to go back to).. Im more worried about if it would cause any issues at the border since we booked for two weeks. Anyway, off to snuggle :D Good luck to those that are going to be visiting their loved ones over the next few weeks!
Shawna and JamesFemaleCanada2010-11-17 01:28:00
IR-1 / CR-1 Spouse Visa Process & Procedureswish me luck.. hah
So tomorrow AM My father is taking me across the boarder via Niagara Falls to catch a flight to visit my husband for 2 weeks. Im really nervous. Ive visited before while we were dating and engaged, but this will be my first go as his wife. I have a return ticket, a letter from my employer stating I was granted 2 weeks vacation and am returning to work December 1, travel insurance for 2 weeks, and our paperwork so far (which sadly is only the NOA-1). Im living with my folks so I have no lease/mortgage, but I do (not that it will mean much) have a cell phone contract I just renewed in July.. Ive tried to pack as light as I can. I do have a few gifts.. my husband likes to bake so there is a stone cookie sheet and spatula. Im a little worried about that as it is a household item.. but hopefully they can accept it is a gift for his birthday. Anyway.. I guess Im just really nervous because 4 years ago I was denied entry and finger printed etc.. Ive been back and forth several times since then with no issues, but I worry. Especially when "wife of US citizen" is my title now. So.. wish me luck. I've never been more petrified in my life which also worries me since I know if I look nervous they are more prone to be suspicious :/
Shawna and JamesFemaleCanada2010-11-16 03:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI want to be 100% sure..
When my husband last spoke with USCIS he was advised I could visit for 3 months at maximum, but all over the boards here Ive seen 6 months. I would love love love to stay 6 months! However, I dont want to do it and find out later that we were advised incorrectly. Is there anyone out there who can link me where it says on the government website that I am allowed to stay for 6 months? We would appreciate it a lot. So far all ive found is a lot of vague statements that do not have an official amount of time I can stay :/ thanks a bunch!
Shawna and JamesFemaleCanada2010-11-23 13:40:00
IR-1 / CR-1 Spouse Visa Process & Proceduresstill not touched..
We received our NOA-1 on Sept 9th, according to the letter it was received Sept 3rd. Our papers havent been touched since Sept 13.... should we be worried? We are 4 days away from 3 months, and I know the average is 5, but it just seems odd that no one has done anything in so long. bah. anyway, thanks.
Shawna and JamesFemaleCanada2010-11-29 13:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTravel to US with Pending I-130
My Husband and I are currently in the process of our CR-1. We are waiting on our NOA2 and we also wanted to spend the holidays together. As others have mentioned it is completely up to the CBP officer whether or not they let you in. I am currently visiting my husband and had no issues crossing. The key is, as everyone stated, to bring proof you are coming back. In my case, they only asked if I had a return ticket, which I did, and asked to see the itinerary. However, I did come armed with a letter from my employer with my expected date of return, proof of travellers insurance only for the length of time I am staying, and the only contract I have in my name currently, my cell phone contract, which I had just renewed a few months ago. I know you mentioned you are studying rather than working. You could bring proof of enrollment in classes, with your term start date to show, hey Im enrolled in school and have paid for the classes.. Not many people would pay for something they dont intend to use. Also, if you have a lease or mortgage in your name, bring that showing it as a tie that you are coming back.

thats just my suggestions, all which were suggested to me by helpful people here :) Good luck! Hopefully this is a great holiday season for you and your wife!
Shawna and JamesFemaleCanada2010-12-07 13:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHelp!

The problem will arise when the OP entered the second time on a visitor visa, she gave the impression that she was visiting. If she was already enrolled in school then she should have had a student visa. Which its seems has if she didn't, so in the eyes of immigration she entered giving fraudulent information.



yeah thats what Im a little (lot) worried about here. /sigh.
Shawna and JamesFemaleCanada2010-12-19 17:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHelp!

As Wayne says, yes it could be an issue at the consulate. Whether it will be classed as misrepresentation or not Im not certain. but looking at it from a USCIS/CBP point of view - you were entering as a visitor yet you were entering for education/other purposes. Thats where the problems MAY arise. The overstays shouldnt find you with any real problems, but be fully prepared with the explanations at the consulate.

If I were you, I would request a FOIA from CBP. if they have you down as a visitor upon your various entries, and you actually entered the US to study in some way, you'll need a pretty good reason why you didnt come forth with the exact reasoning. And then it may require you to file the i601.



hmm.. So I can submit a written request to them for and FOIA? Im reading about what to put in the request, it says be as specific as possible. So Im not sure how I would word it? Can I just ask if its possible to obtain my border crossing records for the last 10 years for immigration purposes?
Shawna and JamesFemaleCanada2010-12-19 17:04:00