ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & Proceduresmoney transfer
I think for a marriage they'd ask more than that.
Ideally they'd expect you to be living together, but if not, at least to prove frequent visits to each other (e.g. by showing plane tickets, boarding passes etc.), prove that you know each other's families etc. If possible, they'd also want to see proof of "co-mingling" your lives - and that's anything from joint tax returns to joint bank accounts to joint house ownership/joint lease etc.
Pictures, post cards, affidavits from friends and family, phone bill statments etc. can also be used as evidence of a bona fide marriage.
I don't see why money tranfer would be a problem (epsecially if it's from the USC to the foreign spouse, as someone said), but only if presented alongside other strong evidence. If presented alone, it wouldn't be sufficient.
Christi85FemaleGreece2010-06-01 05:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat happens after receiving Welcome Notice in the mail?
Try the USCIS helpline first and see what they say. I'm sure it's happened to them before. Don't stress out - you have your green card and that's the important thing. Everything else will get fixed.
Christi85FemaleGreece2010-05-31 16:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat happens after receiving Welcome Notice in the mail?

i think you also wait 2 years for the second interview to verify the relationship to get permanent status?


If you're already married for 2 years or more at the time when you enter the US, you are immediately given unconditional permanent residency. The 2-year conditional residency is only for those who enter the country having been married for less than two years.
Christi85FemaleGreece2010-05-31 15:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat happens after receiving Welcome Notice in the mail?

So I got the greencard today but it's a 2YR Greencard! Is this an error? I tried calling uscis today but remembered it's a holiday. Can I really get a conditional card even if we're married for almost 4 years?? The officer in POE said I dont need to remove conditions anymore.

Help?? Need clarification from anyone who knows what's up with this.


Sounds like a mistake, which you have to tell USCIS about. If you've been married for 4 years, you should have received an unconditional green card. It also sounds like some kind of misunderstanding/mis-coordination, as you said that your Consulate approved a CR-1 visa for you as opposed to an IR-1, which would have been your case. I wonder if you told your Consulate at the time and reminded them to approve you for an IR-1 visa. If you didn't, the confusion you're experiencing now can be because of that.
Anywho, just let USCIS know and I'm sure they'll fix it. Not sure that they won't ask for some evidence though (e.g.your marriage certificate of 4 years) before they issue you the right type of green card. You shouldn't have a problem in the end but they may have you go through some extra hassle.
Christi85FemaleGreece2010-05-31 15:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresJoint sponsor: I-864 or I-864A??
Ok, so my fiance and I will be filing for a CR-1 shortly after we get married.

Re the affidavit of support (although early still, but I'd like to be prepared), I am still slightly confused even though I have read the I-864 instructions over and over again.

So, when we move to the US we plan to live with his mom until we are able to find jobs and our own accommodation. We are also going to use his mom as a joint sponsor as both our incomes are currently earned in the UK (so they won't continue after moving over to the US).
Given the above, will his mom have to complete an I-864 or an I-864A?
Sounds like she has to do a separate I-864 as our US income will be $0 and so she'll have to be a "full sponsor" as well - if I may use this term.
On the other hand, she will be a household member when we move (although not yet a household member at the time of filing the affidavit :blink: ), so does this mean she has to do an I-864A instead?

It can be quite confusing, so any help will be much appreciated. More general info will also be useful - i.e. in which cases does a joint sponsor complete an I-864 and in which cases an I-864A?
I'm afraid the I-864 instructions are a little ambivalent, as they associate both forms with joint sponsors at different parts.

Many thanks!! :thumbs:
Christi85FemaleGreece2010-06-03 10:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSo happy to be married and yet so confused
One last thing: I did re-read my first post and I DID stupidly say "adjustment of status to CR-1" when I meant to say adjusting status to get a green card (obviously - if you are in the US!!). That was a slip of the tongue :blush: .
Whatever - no reason to keep blabbering...
Christi85FemaleGreece2010-06-02 12:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSo happy to be married and yet so confused

There is nothing wrong, or illegal about him remaining in the US and adjusting status since the intent to marry and remain in the US was not there when he entered the US. Also, Christi85, the K3 is dead - USCIS has nothing to do with it. It is closed by NVC, but when it was alive, you never entered from a K3 and switched to a CR-1 once inside the states. Christi85 - begin reading about all the visa types and what happends when you enter the US so you are prepared to help others.


This is where I've been getting my info from - since I've been living in London and will be filing DCF in London:
http://www.usembassy.../iv/kapply.html
http://www.usembassy...embassykii.html

The K3 visa is explicitly mentioned as you can see, as is USCIS on the first link, so I'm not trying to mislead anyone on purpose here. I will take your word that the K3 has ceased to exist and will "blame" the Consulate's website for not being up-to-date if this is the case :blush:
Also, this is a direct copy-paste from an immigration attorney's website, and I've read this elsewhere too:
"The rest of the K3 spousal petition is similar to a K1 fiancee visa process. The K3 spouse files for adjustment of status after entering the U.S., however has 2 years in which to do so. (The visa is a 2-year multiple re-entry visa)."

On a different note, I'm feeling particularly hurt by the aggressiveness my comments have raised on this post, which was totally unexpected.I joined this forum very recently trying to find more info myself about this daunting procedure called immigration and have loved the info I've been getting. I really don't feel this strictness is deserved and I certainly don't feel particularly welcome in the forum right now, thus I'm going to refrain from posting comments on other posts as much as I can since I'm not suitable to help, and will only post my own questions as and when needed.

Thanks everyone!
Christi85FemaleGreece2010-06-02 12:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSo happy to be married and yet so confused
Sorry, I didn't mean to offer risky advice.
On the contrary, if you read my previous posts more carefully, you'll see that I'm all in favor of him actually leaving the States and filing for a CR-1 from outside the country which is THE legal way to go. He's not supposed to do this through a tourist visa, and for me this is the real risk (given that his tourist visa expires in just 4 days!!! - so not only is he going to apply on a visa that wasn't issued for this purpose in the first place, but he'll have overstayed his visa as well) - that's how I see it. But I see lots of people are actually advising him to go down this route, and it's obviously worked this way for people before, so up to him to decide. I'm just saying I wouldn't risk doing it - I mean, overstaying a visa and then trying to adjust status on that. Apologies to jedinight - I didn't mean to mislead.

Re the K3 - I've heard again and again that phrase that it's effectively dead. It's still offered as an option by USCIS though, so it is still an option. Although, again if you read my first post, you'll see that I'm saying it's practically unnecessary and it will only add time, stress and expenses to the process, so I've also encouraged him to go down the CR-1 route.
Christi85FemaleGreece2010-06-02 12:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSo happy to be married and yet so confused

You are quite a ways away from becoming a US citizen. You will be come a permenant resident first. Since you did not have intentions to marry and stay in the US, you can adjust your status. Have your USC wife file the I-130, I-485, G-325, the supporting documents and decide whether you want to file for your employment and travel documents (follow the guides for adjustment of status).

I would file as soon as possible to avoid falling out of status from your tourist visa

Good luck


I'm not sure what the case is when filing on a tourist visa. To be perfectly legal beyond suspicion, you'd have had to enter the US on a fiance visa, marry there and apply to adjust status to conditional permanent resident.
Since this didn't happen, now the safest option (but hardest-as you'd have to be apart)is for you to go back to the UK or Greece and wait for the petition to be completed while visiting each other as often as possible.
If filing on a tourist visa is indeed allowed, then you might want to take a trip outside the US for a few days or weeks, and then return, starting your new 6 months on the tourist visa afresh. The problem with that is that the Immigration Officer at the airport could pick you up as trying to stay there to work illegally, if they see the stamps on your passport having dates so close to each other and you're seen to have stayed a whole 6 months the first time. You get what I mean.
I'd choose the safe option to be honest.
Christi85FemaleGreece2010-06-02 05:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSo happy to be married and yet so confused
You're married now, right? And your wife lives in the States?
If so, you have two options:

a) To go straight for a CR-1 visa (your wife will have to file with USCIS on your behalf). This is a spouse visa that will give you a conditional 2-year green card upon entering the States on the CR-1. You will automatically have the right to live and work there legally upon entering. Note that two years after your first entry on the CR-1, and provided that your marriage is still ongoing, you and your wife will have to apply jointly to USCIS to have your conditions removed and give you unconditional permanent residency. The down side of the CR-1 is that it can take a while if applying from within the US - I believe it takes about 9 months for most people. Mind you that the whole procedure is likely to cost you about $1,000.

b) To go for a K3 visa (again your wife will have to file on your behalf with USCIS) and apply for adjustment of status to switch to a CR-1 once in the States. The K3 is a non-immigrant visa that allows you to enter the country and just be there while awaiting for your immigrant petition to be approved. You are not automatically entitled to work on a K3, thus you'll have to also apply for work authorization and a Social Security Number separately, which can easily take a good 6 months. All and all, I'd avoid this procedure. The plus side is that you can get a K3 quicker than a CR-1 (in 5-6 months I believe), but if you take into account the time you'll need to adjust your status to CR-1, obtain work authorization and a Social Security number etc., you understand that's it's likely to get much lengthier overall and much more expensive.

There's lots of information on the wiki pages of this forum, so go ahead and read as much as you can about the two options to make your decision. The USCIS website will also be of help. Make sure you read extensively on all the proof you'll need to provide,as there's quite a lot of paperwork involved.

None of the above two options will make you a US citizen. In order to be eligible to apply for citizenship, you'll have to meet certain criteria:
-having lived in the US on a permanent resident card (green card) for at least 3 years if married to a US citizen (otherwise it'd have to be 5 years)
-having not left the US for more than 6 months on each of the required 3 years
-being able to pass a US history and civils test and an interview

Right now, I'd concentrate on getting a CR-1 visa for you - US citizenship isn't relevant at the moment. Just be prepared to spend quite some time away from your wife, as it can take several months until it's approved and there are a few stages you have to go through before this happens. So brace yourselves for that, accept that you'll have to go back and forth visiting each other for a few months,and best of luck!
Christi85FemaleGreece2010-06-02 05:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAny experience with Denmark?
Congrats!! :thumbs: :thumbs:
I was about to respond to say the same thing - that he was most likely approved if they kept his passport. But you just confirmed that yourself :thumbs:
I had a similar experience a couple years ago(with a tourist visa though)at the US Embassy in Athens. They briefly interviewed me, then took my passport and told me to go back to pick it up the next day in the afternoon. They never said yes or no flat out, but I figured it was a yes since they kept my passport. There were a couple of people whose tourist visas had been rejected and they didn't keep their passports.
The next day I turned up to find out that they had issued me a tourist visa valid for 10 years :yes: :yes: which I was thrilled about, as there were other people collecting their passports at the same time and saying that they were only given 6 months or 1-year tourist visas :no: :no:
Christi85FemaleGreece2010-06-01 04:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisa temporarily refused, need help with I-864A

To clarify my similar case (I am going to use fake numbers here), lets say my dad makes $50,000 from his regular job, $10,000 from his own business and my mom makes $10,000 from unemployment. The tax transcript says that they made $70,000, but my dad's regular salary of $50,000 is the only income with a W2. We have just entered his salary of $50,000 on his I 864, but would my dad have to include his $10,000 from his own business, even though $50,000 is more than enough? And what would my mom have to do, given that we do not need her salary either to qualify?


Your dad would EITHER need an IRS transcript of their tax return, where each person's income is shown individually, OR provide copies of his tax returns PLUS W2.
Your mom only needs to file an I-864A if your dad fails to meet the above requirements (i.e. he provides ONLY copies WITHOUT W2), just because she is listed on the tax return form.

The same goes for you Emmamama - your grandpa either has to provide transcripts of his tax returns from IRS or show copies with additional proof of salary/pension/assets. If no IRS transcripts OR copies plus additional proof of individual income can be provided, then your grandma also has to file an I-864A.

In both cases: if you can either present IRS transcripts or copies along with proof of individual income, there is no need whatsoever for the mom/grandma to be involved with an I-864A.
Christi85FemaleGreece2010-06-02 09:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisa temporarily refused, need help with I-864A
Just a question for you Emmamama because I'm trying to figure out why they didn't accept your affidavits.
You say your grandpa was your joint sponsor. Apart from his I-864 and his tax return copies, did you also have proof of his individual income to give the Consular Officer? Such as W2, proof of pension or other assets that prove his individual income? Without such proof, then the Consulate is unfortunately entitled to request for your grandma to also file an I-864A.

I believe it must be somewhere in the I-864 instructions, or it may be somewhere else, but I clearly remember reading it. It was something along the lines of: "if a sponsor files jointly with a spouse, then you must also submit proof of their individual income - e.g. W2". Otherwise the other person stated on the tax retun forms, should also give their consent for the sponsorship (most typically by filling out an I-864A).

I'll look harder and will try to locate where I read it and copy-paste it here for people's reference.
Christi85FemaleGreece2010-06-02 08:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864: a complication
Thank you both!

Engineer21 - sounds like a good idea. We're doing DCF at the London Consulate so we'll be required to present the documents at the interview. We won't be sending them in advance. At least that will give us the opportunity to explain in person if need be, but I'll include the statement too.

Songer- thanks for the advice about the YTD pay statement. It may come in handy. As I said in my first post, her salary alone is more than enough (she's in a senior management position in her department and organization). She doesn't need the husband's income to qualify. I believe they ask either for IRS transcripts (which clearly show individual incomes), or otherwise a simple copy of their tax return accompanied by W2/pay stubs etc. So her individual income can be identified either way.

Thanks - the other option obviously (which we've considered) would be to wait till she files individually for 2010 (from early 2011 if I'm correct), but that could slow us down significantly :unsure:
Christi85FemaleGreece2010-07-13 07:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864: a complication
Hello,

As neither my husband nor I currently live in the US, we can't claim any US income on the I-864, so we need a co-sponsor. This is not a problem in itself, as his mom is happy to be our co-sponsor and her individual income is way beyond the poverty line. However, up until now, she has been filing jointly with her husband. As of May 2010, they are in divorce proceedings and I believe they are already legally separated (but not yet officially divorced), and the husband has now moved out of the house. However their most recent tax statements (for 2009) are still joint showing them as a married couple.

My question is: does my father in-law still have to fill out an I-864A giving his consent for his "wife" and household member(as appears on the 2009 tax forms - when they were still married) to be our sponsor? Or will a copy of their legal separation documents suffice to show that they are not members of the same household anymore? I doubt that the divorce will be finalized for the next several months, as they are still in financial negotiations, so probably it will still be pending at the time of the interview. I supsect that going with the first option would be simpler and would raise less questions, but then again it would essentially be a lie, and I'm not comfortable with that either.
Just to clarify: my mother in-law will be our only co-sponsor. We are not using both of them as sponsors.

Your views will be much appreciated!
Christi85FemaleGreece2010-07-13 06:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMy CR1 Interview Is After Tomorrow
I can only answer a few of your questions.

1)Check again on the Embassy's website, as the courier fees may be stated there. I know this is of little help, but in the UK, the fee is around 14 British Pounds for standard delivery (3-5 working days).

2)If they said so, then that's fine. Lucky you!

3)You'll have to check with the Embassy as it really varies from one Embassy to the other. At some, spouses are required to attend. At some others, they aren't required to, but they can if they want to (and may have to obtain permission for that). Double-check with your Embassy that it's ok for your husband not to attend.

4)I suspect you got rejected because they feared "immigration intent" (especially if you had an immigration case pending). If that was the reason for your rejection, it shouldn't affect your current application at all. Even if this wasn't the case, you should still be fine 'cause you are now being processed as the spouse of a US citizen.

5)It doesn't affect (favorably or otherwise), but if your husband serves in the US Forces, then he doesn't have to prove US domicile if he's outside the US, as he's automatically considered domiciled in the US. That's for the I-864 affidavit.

6)Sorry, can't be of much help here :blush:

7)You didn't mention petitioning immigration for your kids. If your husband has petitioned immigration just for you and not for your kids, then they're not going to care or question who has custody over them. But if you've also petitioned the kids, then you may actually have issues with the custody rules (they normally expect the accompanying parent to have custody AND the written consent of the other parent for the kids to migrate).

Good luck at your interview!
Christi85FemaleGreece2010-07-23 06:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUnique case
If you haven't filed when he comes to visit the US, there shouldn't be a problem. If he does it often though he may get questionned, but if he's got strong proof that he'll be returning home he'll be fine. Generally speaking, it's easier to be let in as a tourist if there's no immigration petition pending - otherwise they suspect immigration intent.

Unfortunately you'll still have to spend some time apart after you file, and it'll be preferable that you go visit him in Switzerland as opposed to him visiting in the US, just to be on the safe side of things.
Before you have filed though, there shouldn't be a problem with him visiting as a tourist.
Christi85FemaleGreece2010-07-29 09:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUnique case
1. He can come to visit the US, but he cannot apply to change status there. That would only be possible if you were in the States, he was visiting without the intent to marry and then you got married on a spontaneous decision while he was over there. I know it sounds unfair that you can't do it, but it can get very complicated for those who do it as they have to prove that they didn't enter the country with the intention to marry (and how do you prove a negative??). Mind you that if you have a marriage-based visa pending when he visits, he may be denied entry on suspicion of immigration intent. So he should make sure he has strong proof that he intends to return to Switzerland (i.e. return ticket, proof of work, proof of apartment lease or equivalent, bank accounts showing a good balance etc.).

2. If applying in the US, it should take 8-10 months for him to get his CR-1 visa from start to finish (provided that everything is done correctly). Once he gets his CR-1 visa on his passport, he has 6 months to travel to the US on that. Once he enters the US, his details are taken from the Immigration Officers and his entry is registered on their system. That will prompt the production of the green card itself, which should reach him in the mail a few weeks after his entry. But as soon as he is in the country he is able to work, as he'll get a stamp on his CR-1 visa which serves as the provisional green card until the real one arrives in the mail. In order to work/set up a business he'll also need a SSN, so he should make sure he ticks the relevant box on the DS-230 form to apply for one. They are not likely to care about his capital, because they are processing him as the spouse of a US citizen.

Finally, I'd recommend you double-check with your Embassy in Turkey, because a US citizen is eligible to file for their spouse at their local Embassy as long as they've lived in that country for more than 6 months (which you have) and have a permit to live there legally - not necessarily a permanent resident card. I'm not 100% sure, but it's not necessarily required that the spouses live in the same country for Direct Consular Filing, so double-cehck with the Embassy. If you're allowed to do that, it can make the process quicker by a few months.

Edited by Christi85, 29 July 2010 - 09:13 AM.

Christi85FemaleGreece2010-07-29 09:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPls Advise: NoA Rejection Response
Rumba, did they cash out your $355 payment, or did they just return the whole package without touching the money?
I'm asking because if they didn't take the payment, then the only harm done is just the delay, but at least you won't have to pay twice for the fee.
Also, as others mentioned, it would be very helpful if you let us know your timeline (i.e. when you submitted, if and when you got a NOA1, when they returned the package etc.).
Christi85FemaleGreece2010-08-05 04:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFraud Indicators
Useful list - thank you for putting it together :yes:

Re point 4 - does the same go for engagement (i.e. applying for a K-1 visa very shortly after the petitioner/beneficiary's divorce?).
I'm asking because I know a case like that - petitioner waiting for his divorce paperwork to come through, and as soon as that happens, he wants to petition for a K-1 for his foreign girlfriend to come to the US as a fiancee (a girlfriend he had before he even filed for divorce :huh: ).
Wondering if you know of cases where this has raised a red flag. Thanks!
Christi85FemaleGreece2010-08-14 13:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhich address should I use on my I-130

Also, I am confused about page 2. Page 1 says the petition is for my wife and we have the same married dates. On top of page 2 it wants yout list the husband wife and children of your relative. Do I need to list myself there again?? I don't want to leave it blank and get it kicked back if I'm supposed to fill that out for myself.


Yes, you need to list yourself.
Don't leave anything blank - write not applicable where not applicable.

Re the last date, if you are still living together, you can put: mm/dd/yyyy - present time.
Christi85FemaleGreece2010-08-13 13:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHUSBAND ASK FOR DIVORCE/ANNULMENT
Did your friend and her USC husband get married intending for him to file an I-130 and bring her over to the US on a spouse visa?

If so, could there be reasons for her husband to change his mind and back off? I.e. could there be reasons that made the USC husband suspect immigration fraud on your friend's part (regardless of whether these have grounds or not)?

If the answer to the above two questions is yes, then you have a very good explanation of why he may have asked for a divorce. So that he didn't have to petition on her behalf, pay all that money, and be bound by the affidavit of support for several years if he thought the marriage wouldn't work.
That isn't to say that your friend necessarily did something wrong or that she entered the marriage for immigration purposes. The guy may just be nuts.

Regardless, she can't go to the US on a spouse visa because her husband would have to petition for her, like others have said. She could go as a visitor if she applied and got approved for a tourist visa, but that type of visa is only to visit for a limited period of time and not to live and work there permanently.
Christi85FemaleGreece2010-11-25 11:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresStill Waiting From Visa From American Embassy - Amman, Jordan

My wife got her interview at the American Embassy in Amman on Nov 2. My wife sent in her passport and my original divorce docs (as requested) via Aramex on Nov 7. We are still waiting for her visa. She was told she was approved at the interview. She is pregnant in the second trimester now and we need to be together. I never knew it took so long to get the visa. I sent the American Emassy in Amman a second email on Dec 5 and I have not recieved a response as of yet. Hopefully, we'll get something soon. Good Luck everyone!!!

:dance: :dance: :dance:


It could very well be that she is in Administrative Processing. People from certain countries (and Jordan is one of them) have to go through compulsory AP after their interview (additional background and security checks etc). Cases are said to be sent to DC and checks are completed manually, which is why they usually take a few months to clear (anything between a month and 3-4 months is a usual timeline for most people, but there have been cases that took 6 or 8 months or longer). Now, I thought that compulsory AP was just for men from said countries, but maybe it's for women too.
Apart from emailing, I'd also try to call the Embassy to find out and possibly confirm that she is in AP.
The bad news is that you can do nothing to speed up the process or find out about progress but wait. The good news is that the vast majority of cases clear without a problem and visas are issued, although as I said, it can take months for the process to complete.
Christi85FemaleGreece2010-12-12 17:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffidavit of Support Clarification
Just to add my two cents.

1)No you don't, and your joint sponsors need not be relatives. It can be any US citizen living in the US or any US permanent resident who qualifies with their income or assets. However, if you DO live with your parents at the time of preparing the affidavit, then they'll need to fill out the I-864A form, as they'll be considered household members. If you live apart, then they'll need to fill out a separate I-864.

2)+1 to what Mrs. O has said. However, if you're only using one of them as your joint sponsor, make sure you have proof of their individual income (such as W2) since they file jointly and their individual income may not show on the tax returns.

3)Not as far as I've heard, they don't. They only check sponsors' tax returns and proof of income/assets.

4)You don't have to live with them in the first place. For any change of address though, the sponsors (primary or joint sponsors) need to inform USCIS of their change of address for as long as the sponsorship obligation is still in effect.

Edited by Christi85, 19 January 2011 - 07:39 AM.

Christi85FemaleGreece2011-01-19 07:38:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPoverty Level Guidelines
As they're primarily concerned about current income, you should be fine. Be sure to include good evidence of his present employment and income (i.e. paystubs, letter from employer etc.).
He could be questioned about his lack of past income in relation to the certainty and stability of his present income, so it may be a good idea for him to include a signed letter explaining the circumstances of his unemployment/lack of income in the previous years, showing that it was just a temporary situation.

Having a joint sponsor lined up just in case you're asked may also be a good idea.
But you should be fine with some good evidence of present income and an explanatory letter about the past years.

Edited by Christi85, 31 January 2011 - 04:55 AM.

Christi85FemaleGreece2011-01-31 04:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHELP: I'm a student filing for CR1

Thank you for sharing that, Mrs. O. Unfortunately, I don't think it would be approved for my husband though since he has never been to the U.S. and the only ties he can really show is his job. He is renting an apartment, so there's really no property ownership.

So it seems like there's no "nonimmigrant" visa or entry method besides a tourist visa? That really sucks...


There still are ways to go around that. Property ownership isn't a must when proving ties to a country for a tourist visa. Think creatively.
The fact that he has a job in Bulgaria is a good start. If he's only visiting the US for a week or two, he'd have to take a few days off from his job, right? Why not include a written statement from his employer stating that they've authorized his leave between X date and and Y date, and that they expect him back on Z date? This, together with his contract of employment and his most recent paychecks should be good proof that he's currently working outside the US.

He can include proof that his lease agreement for his apartment is still ongoing (perhaps a letter from the landlord/estate agency?).

If he has any savings in the bank, especially if they are at least a couple thousand $$$, he can also include recent statements proving that he has money interests in the country.

Finally, buying and showing return flights could also be helpful.

Since you intend to go back to Europe with him, maybe you can sign an affidavit declaring under penalty of perjury that you intend to go back with him. If you can show return flights for the same dates as his, that will be even better.

I'm sure he has a good shot at being approved for a tourist visa if he does the above.

I agree, a CR1/K3 is not an option given your circumstances. A tourist visa sounds like the best bet.
Best of luck!
Christi85FemaleGreece2011-02-06 13:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI 864A. What is a family member?
You must mean a "household member".
If you're still living with your grandma in the same house, then yes, she is considered a household member and she needs to fill out an I-864A and send it with your I-864.
If she lives in a different house you need to send two separate I-864s, one from you and one from her.
Being or not being a dependent on her tax returns isn't relevant when it comes to determining who is a household member.
Christi85FemaleGreece2011-02-21 17:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTracking NVC DHL Tracking
I tried everything described in this thread but it gives me same error message all day huh.gif

QUOTE
Unable to track shipments at this time.

System Unable to Process Request. An unexpected error has occurred with shipment tracking. Please try to track your shipments at a later time
.

Is anybody else trying to do the same?
FelizFemale02009-10-22 00:46:00
K-1 Fiance(e) Visa Process & Proceduresnon-binding religious wedding allowed?

The Philippines is different than Thailand. according to Philippine Family Code, a marriage license is required
even for a church wedding. If someone can provide a link to otherwise, I'd be happy to be proved wrong.
I suppose you might be able to get a priest to perform some kind of ceromony. as have been stated the Embassy know the local laws. If the Embassy is aware you had a ceromony at a church, you could have problems.


Well, she attends a Baptist church in the Philippines, and we were going to have the ceremony at a place of prayer, but not a church.
orion44MalePhilippines2006-11-29 20:16:00
K-1 Fiance(e) Visa Process & Proceduresnon-binding religious wedding allowed?
Thanks to everyone for their input. After all that, I'm still not sure what to do. I didn't realize at the time we filed the K1 visa how important this is to her. The funny thing is that if we did decide to get married and go the K3 route, first we would do a quick civil wedding this January in order to file the k3, and the ceremony we planned in July would still be just that; ceremonial.

I'm gathering information now, I will print out everyone's thoughts here, and present everything to her and her family when i visit again in December, and hopefully, we'll work out the best course together.

My one thought is, if she was turned down for the visa at the interview because she mentioned the ceremony, or turned around at the port of entry because of it, wouldn't it just be for the time it takes for them to check that we are indeed, not married?

thanks again, the community here in this forum has made me feel I'm not alone.



Thanks to everyone for their input. After all that, I'm still not sure what to do. I didn't realize at the time we filed the K1 visa how important this is to her. The funny thing is that if we did decide to get married and go the K3 route, first we would do a quick civil wedding this January in order to file the k3, and the ceremony we planned in July would still be just that; ceremonial.

I'm gathering information now, I will print out everyone's thoughts here, and present everything to her and her family when i visit again in December, and hopefully, we'll work out the best course together.

My one thought is, if she was turned down for the visa at the interview because she mentioned the ceremony, or turned around at the port of entry because of it, wouldn't it just be for the time it takes for them to check that we are indeed, not married?

thanks again, the community here in this forum has made me feel I'm not alone.
orion44MalePhilippines2006-11-29 18:31:00
K-1 Fiance(e) Visa Process & Proceduresnon-binding religious wedding allowed?
Hello all,

I have applied for a K1 visa because my goal is to get my fiance to California as soon as possible. Also, I would like to have a ceremony in the Philippines for us, her friends and family before we leave. I understand that if the ceremony does not include a marriage license, a certificate of singleness, or any other paperwork, it is not considered a binding ceremony and is allowed under US law. I intend to get a affadavit from the minister as well as the head of the civil registry that the wedding is indeed a religous vs. a legal ceremony. Is this outside of the guidelines at all and count against her in entering the country? Our intention is to follow the law and hope this is allowed.

Thanks for your input.
orion44MalePhilippines2006-11-28 15:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDecember 2007 I-130 filers
That CSC is really on a roll...hope it is infectious to VSC too. We are dragging alone....NOA2s are coming for September filers!

CONGRATULATIONS!!!
LinguereFemaleSenegal2008-03-29 20:17:00
IR-1 / CR-1 Spouse Visa Process & Procedures? for Canadian CR-1 filers- birth certificate
Wow... This was really helpful. I thought all I needed was my little plastic BC, too.

Thanks all!!!!
phelFemaleCanada2010-10-27 14:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPoverty guidelines Help!!!!!!!!!!!!!!!!!!
I actually have a question regarding this:

My husband is currently looking for a full time position (he was working up until mid-August and has had temporary work since then.) Let's say, optimistically, he finds work next month (about the time when our file, (hopefully, please, please, please, please, please) goes on to NVC, will the fact that he's been out of work and just started a new job work against us? I should add that he's already made above the poverty line for this year and last year he worked steadily and was above the poverty line as well...

And insight you can offer would be greatly appreciated. Thanks.
phelFemaleCanada2010-10-29 14:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresJuly Filers for California Service Center
My hubby and I are still in CSC. July 9 NOA. Touched yesterday and the day before that.

Edited by phel, 05 November 2010 - 12:24 PM.

phelFemaleCanada2010-11-05 12:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPast 3 years under poverty line
Hello,

I had a question re: the I-864 and previous years' tax receipts vs. current income.

My husband's last 3 tax receipts were all well below the poverty line (he was a student at a certain point and then working contractually up until August of last year) but this year he's well above the poverty line (despite being out of work for two and a half months recently, he's already earned something like 26 000 and he's starting a new full-time position today at 36 000 per year. Will this be enough or will we likely need a co-sponsor? Will the fact that he's just starting a new job now will work against our favour?

Thanks in advance. You guys are always so helpful.
phelFemaleCanada2010-11-15 11:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresOPT OUT of EP

But your co-sponsor needs to provide his tax doc to NVC, any way.

Loto

http://static-forums.visajourney.com/public/style_emoticons/default/blush.gif :(
I know. I tried explaining this, but he's concerned about identity theft and sending things electronically.
phelFemaleCanada2010-11-21 12:43:00
IR-1 / CR-1 Spouse Visa Process & ProceduresOPT OUT of EP
:wacko:

So, got the semi-bad news today that our co-sponsor doesn't feel safe emailing tax docs to the NVC so we officially opted out of electronic processing today :(

I hate that we've waited this long and now we're taking the long road but it is what it is...

I sent OPT OUT email to NVC. Anyone else done this before? Any suggestions to make this archaic process move along quicker???

:(
phelFemaleCanada2010-11-21 00:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresYES, OUR IR1 APPROVED!!!
So happy for you and the rest of the fam, Loto. Congrats!
phelFemaleCanada2010-12-02 09:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCalifornia Service Center To Texas Service Center

Phel, could you please tell me how long it took to get your case approved after you got that message saying your file was transferred to a USCIS office? Thanks!


Skynaut, I'm pretty sure we got approval the next day or the day following.
phelFemaleCanada2010-11-24 13:10:00