ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & Proceduresquestion for those who came on ir1/cr1 here

i learnt in another thread that the visa issued to my wife isn't endorsed yet. she is flying to usa first time. what should one check on customs - resident or visitor.


An interesting question -- logically, she should check resident as she will be one once the visa is endorsed, and she will not reach customs until after the endorsement. But I will defer to those with greater knowledge on this point!


YuandDan has already said that "resident" should be checked. :)

D'oh!! I totally missed that one! :blush:
the mavenFemaleUnited Kingdom2007-05-03 04:14:00
IR-1 / CR-1 Spouse Visa Process & Proceduresquestion for those who came on ir1/cr1 here

i learnt in another thread that the visa issued to my wife isn't endorsed yet. she is flying to usa first time. what should one check on customs - resident or visitor.


An interesting question -- logically, she should check resident as she will be one once the visa is endorsed, and she will not reach customs until after the endorsement. But I will defer to those with greater knowledge on this point!
the mavenFemaleUnited Kingdom2007-05-02 12:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAPPROVED
Hooray -- finally!!! Congratulations! Here's hoping Alarna's comes through really soon! :thumbs:
the mavenFemaleUnited Kingdom2007-05-03 14:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresEvidence of Marriage question

Right! There is little anecdotal experience with newlywed I-130 approvals since the printing of the new form. However, we certainly have a lack of anecdotal evidence of RFE's from newlywed filers that I find telling.


My husband and I got an RFE for not enclosing any "evidence" with our I-130, having married just over two weeks before that date. Although we're doing DCF, I hope our experience is of some use.

We filed on 15 January, several days after the new I-130 came out. Unfortunately, I had downloaded the forms from the London Embassy website, which were out of date and didn't mention the new requirement for evidence beyond our marriage certificate and the usual bumpf you have to send off (divorce decree, passport copy, etc). Anyway, I got an RFE which asked for the items you mentioned above showing we have an ongoing relationship and specifically asking for three affidavits from friends/family attesting to our relationship's validity. I also was asked to draft a note on how my husband and I met and married, and when my relationship with my former husband ended (as opposed to the time of divorce). I ended up including the following:
  • Pictures of us (17, I think) at our wedding and with our families at other times, both over here in the UK and in the US
  • Bills, bank statements, motorcycle insurance, council tax documents, NHS medical cards in our names showing the same address for us both (NOTE: we have NO community property -- my husband is not on my lease and we have no joint bank account but this was overcome by showing we have bills registered at the same address. He had only moved in with me 4 months before so none of the semi-annual or annual bills showed the joint names yet)
  • Three affidavits from my work colleagues who know the both of us (NOTE: none of these were notarised, but I did have the signatures attested by my company's in-house lawyer).
I returned everything ASAP -- it was back at the Embassy two days after I received the RFE. We received our NOA2 only two days after that, so I assumed it was less to do with our case having any issues and more with a new box to tick. I know our case was slightly simplified by the fact that we live together, but I think Yodrak's point about the same sort of anecdotal evidence K-1s give is right on the money, as well as Mary G's examples. What you give is up to your specific circumstances.
the mavenFemaleUnited Kingdom2007-05-12 11:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFortune vomits on my duvet once again
I love your subject line on this. Nice to see someone employing such an...evocative... turn of phrase. :devil:
the mavenFemaleUnited Kingdom2007-05-15 10:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFinally NOA2!!!
AT LAST!!! Fantastic news -- congrats!!! :thumbs:
the mavenFemaleUnited Kingdom2007-05-17 07:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs the NVC giving Brits a longer wait
I think HA may have been referring to this recent "news" item: http://www.visajourn...showtopic=66316

It was a very shoddy bit of reporting, and the BBC was not alone in misinterpreting the situation. I am fairly agnostic on the subject of the BBC -- I think their good reporting can be excellent indeed, but so much of what I see on the TV news is, well, tabloidy. Have you even tried to watch the Breakfast News recently? Sheesh. The radio division is much harder-hitting and incisive, with truly though-provoking and original content. I'm a big Radio 4 fan, especially From Our Own Correspondent and Crossing Continents. I tend to shy away from the BBC website for any type of news beyond what Girls Aloud are up to -- I find the FT.com and the New York Times websites have the space to report more fully on topics and present analysis of issues. The BBC website is a victim of what appears to be a policy of brevity, and as a result, the nuance and depth you might expect from other BBC services is lost.

But on a happier note...congrat on getting to the NVC! :thumbs:
the mavenFemaleUnited Kingdom2007-05-19 05:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresformI-864 LINE25 ?

Fill in all three lines and then decide whether you will submit one or three tax returns. Check the top box if sending one tax return or transcript or chech the bottom box if sending three.


I'll second that -- write the amount on all three lines, even if you are only submitting one. As pushbrk says, check the appropriate box which corresponds to the number of returns you are sending.
the mavenFemaleUnited Kingdom2007-06-16 14:25:00
IR-1 / CR-1 Spouse Visa Process & Proceduresembassy returns passport how fast
No probs! :thumbs: By the way, I took the liberty of updating your interview details on the UK Interview thread as you were languishing on the "Waiting for Interview" list. After your interview, come on over to the thread to tell us you've been approved -- we're waiting for you!
the mavenFemaleUnited Kingdom2007-07-03 01:58:00
IR-1 / CR-1 Spouse Visa Process & Proceduresembassy returns passport how fast

hiya!
quick question bout getting your visa after the interview...
if my husband gets approved for the visa, can he really pay more to receive it the next day, or does it really take a week to receive it by post?
just wanted to clarify if he'll be able to come to the states sooner, than later!

thanks,
bee


You cannot pay more to have it come quicker, just more to have it come by a specific time. We paid extra to have it delivered before 8am as we both needed to go to work in the morning. It is impossible to say how quickly London will send it to you -- we got it 2 days later, but there have been longer turnaround times historically, even if all the paperwork is in order on the day. Just to let you know they are turning them around relatively quickly at the moment, though... :)
the mavenFemaleUnited Kingdom2007-07-02 15:57:00
IR-1 / CR-1 Spouse Visa Process & Proceduresfinal interview letter 4 CR-1

OMG you guys I just called the state dept. my husband has an appt on aug 8th at 9am at the embassy/london. I'm still shake'in. just a few more weeks and its over, this immigrations nightmare will be over. I just emailed my husband, I wish I could call him on the phone. they mailed the letter to him on july9th but as of yesterday he hadnt received it but a copy is being sent to me as well. :thumbs: I cant believe theres a end finally!!


Congrats, flower! :thumbs: Great news!
the mavenFemaleUnited Kingdom2007-07-14 03:46:00
IR-1 / CR-1 Spouse Visa Process & Proceduresfinal interview letter 4 CR-1

It works surprisingly different for NVC than DCF. It definitely takes longer as well. It's not unusual that he hasn't received the packet with DS-230 and medical information yet. It shouldn't be too much longer though. And then I believe the timelines start to match up with DCF.


Yep, as soon as you reach the Embassy we're all in the same boat, obsessing over the same things!
the mavenFemaleUnited Kingdom2007-07-13 06:19:00
IR-1 / CR-1 Spouse Visa Process & Proceduresfinal interview letter 4 CR-1
Okay...I think I understand a little better now. Sorry to be a nag but it would be really helpful if you could fill in your timeline -- it helps us to help you better!

Your file has been forwarded from the NVC to the Embassy -- has your husband received what is known here as Packet 3? This is a letter from the Embassy and not the NVC which states that processing has begun, and includes (amongst other things) a copy of DS-230, info on what documents need to be gathered, and how to schedule a medical, as well as the checklist I mentioned. If he has not received this yet, he is not "in the system" at London yet. As I said earlier, 4 weeks is on the long side but not unheard of.

I didn't go through the NVC as I filed directly through London doing a DCF, so I'm not fully conversant on what happens between the NVC and the Embassy -- has he received a case number yet? It should start LND2007... If you have this, you can call the Dept of State number I mentioned above and ask what his status is -- Packet 3 has been posted, or still waiting to be posted, etc etc. It is a US number and you will only pay what a regular old US long-distance phone call to DC would cost. The Embassy numbers do not have a back door -- sorry. They are known as the Extortion Line over in the UK Forum for a good reason! Generally, the Dept of State can help you out as they have the same info as the Embassy (most of the time). If they don't, they will tell you to call the Embassy. But you MUST have the case number.

I know how frustrating all of this can be -- if it's any comfort, you are not alone. Give your man a call or drop him an email today and find out if he has received anything from the Embassy directly, and if he has posted anything back to them. If he has, then we can give you some more advice. But this is the first step you have to do.

Best wishes from London! (F)
the mavenFemaleUnited Kingdom2007-07-13 04:41:00
IR-1 / CR-1 Spouse Visa Process & Proceduresfinal interview letter 4 CR-1

Question- My husband is a UKC and will be doing interview in London. I gota letter last month dated june 9,2007 that all paperwork and fees has been received, processed and sent to US embassy london and my husband will be contacted by london by mail with interview date.

How long will it takes to get this interview date? its been over 4weeks, should it take this long? I was looking at everyone's latest time lines and it seem to be shorter then this. Anyone have any ideas or suggestions please?

thank you


4 weeks is on the long side for London, but there have been quite a few delays lately. You may find it useful to call the Department of State on (202) 663 1225 and speak to a visa specialist there. Make sure you have your husband's case number (starts LND2007...) and ask what the latest is on the case.

Has your husband sent in the checklist to the Embassy yet? This is a form which tells the Embassy he is ready for interview and has all the appropriate documents (police certificate, birth certificate, etc) ready and to hand. There have been a couple of VJers recently over in the UK forum who thought their UKC fiance(e)s/spouses had sent in the checklist and hadn't! If this hasn't been sent, no date will be allocated.

Let us know how this goes -- post over in the UK forum and I'm sure others will have lots of suggestions for you! :thumbs:
the mavenFemaleUnited Kingdom2007-07-12 05:38:00
IR-1 / CR-1 Spouse Visa Process & Proceduresconviction/caution didn't matter!!!
For all you UK-based USCs out there, the IRS guys at the London Embassy are awesome -- very friendly and helpful. It is so easy to backfile your returns if you never completed them while you were over here, and it's more than likely that you owe nothing so no penalties are incurred either. If you've never filed, you will need to do 1040s for the past three years (2004/5/6) and 2555-EZs (exclusion of foreign income) for the same years.

If you are in the London area, you can even file them at the Embassy IRS office and they will stamp them as received by the IRS. If you have any questions, call them on (020) 7894 0477 Mon-Fri between 9am-12pm. Walk-ins are available Tuesdays-Thursdays between 9am-4pm. There's also some very helpful info on the Embassy website about this: http://www.usembassy...k/irs/index.htm
the mavenFemaleUnited Kingdom2007-07-18 07:47:00
IR-1 / CR-1 Spouse Visa Process & Proceduresconviction/caution didn't matter!!!
So...it's pending tax returns? Congrats! I know how worried you were. PM me for info on backfiling, if you need it,
the mavenFemaleUnited Kingdom2007-07-17 19:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI130 approved yesterday!!!
That's fantastic news! Congrats!!! :thumbs:
the mavenFemaleUnited Kingdom2007-06-09 14:08:00
IR-1 / CR-1 Spouse Visa Process & Proceduresdomicile in U.S.A. while living in U.K.
The London Embassy is known for being less stringent than other embassies on domicile requirements, and will take all your circumstances into account. For example, showing that the USC has bank accounts in America, has re-established a US address (even if it's just at Mom and Dad's) and is taking some steps to come back to a life in America before or at the same time as the non-USC will be enough. And of course, filing tax returns is a must.

At the same time, they do tell you not to take any permanent and irrevocable steps just in case the visa is not granted. For example, get your house valued or maybe put it on the market, but don't exchange contracts. The USC could look for a job in the States but shouldn't resign theirr UK job. I hadn't lived in the States for over 11 years and had no problems at all proving re-establishment. I opened a bank account, got the Social Security Administration to send me a letter at my last known US address (my parents), got a letter from my boss stating I had stated my intention to resign IF my husband was granted a visa, backfiled 3 years of US taxes and showed emails from an employer in America that is headhunting me. I passed the test!

It is NOT 100% necessary for the USC to travel ahead from the UK, but the UKC must not travel ahead of the USC (of course, entry together is fine). Also useful is this page from the Embassy website: http://www.usembassy...4_domicile.html
the mavenFemaleUnited Kingdom2007-07-03 11:01:00
IR-1 / CR-1 Spouse Visa Process & Procedureslondon embassy email

hi!

does anyone have an email to contact the embassy re: the return of a visa/passport?
we called the number given for visa info and they wouldn't even look up our case number, they just gave us a standard reply.

sick of the waiting!

bee


Bee -- I PM'd you on this, but I think you need to call the Department of State in Washington on (202) 663 1225. Press 1 then 0 to speak to a visa specialist. Let us know how this goes and good luck! :thumbs:
the mavenFemaleUnited Kingdom2007-07-27 07:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNotification of Interview
Congrats -- and welcome to America!!! :D
the mavenFemaleUnited Kingdom2007-08-07 09:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNotification of Interview
Congrats on getting an interview!!! :thumbs:
the mavenFemaleUnited Kingdom2007-05-21 05:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHelp with tax returns while out of country, and didn't earn enough.
Bee, that is awesome news! I am so glad that you got this all sorted out in the end -- I've been pulling for you!!! :thumbs:
the mavenFemaleUnited Kingdom2007-08-07 13:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHelp with tax returns while out of country, and didn't earn enough.

hi trailmix,

thank you for your post and understanding. i know it's all messed up and confusing now. just need to wade thru the mess i've caused and get my husband over here to be with me.

i understand i should backfile now even though the amount is so small, they just want the 1040 to say i made $0.

so, JUST TO BE ON THE SAFE SIDE i'm am going to wake this morning (3am) to call the irs office at the london embassy for 9am. i will ask them to do the backfiling for last year for me and state that my US income was $0 and also fill out the 2555 Foreign Earned Income to report what pounds i made for 2006. i've read they are helpful and can do this quickly....HOPEFULLY! :help:

my husband is having his passport picked up tomorrow (tuesday) so hopefully i can get the irs docs to meet up with his passport and my mom's I-864. wouldn't that be ideal?

thank you for sharing your experience and hope.

i hopefully, will take care of business ASAP.

cheers,
bee



Bee -- I think I now can see the whole story, having read this and your other posts.

Unfortunately, unless you have residency in the UK (and I think you must be back in America now) you cannot file the IRS forms through the London IRS office and you will have to file in the US. Also, you cannot file over the phone (I *think* that's what you're inferring in the post above) -- you must physically complete the forms.

Sorry for the bad news on this. If you did manage to get through this morning to London, they probably told you something similar, but they should be able to give you advice on filling in the forms. It may be (and I am really not sure about this -- you should contact the Embassy) that they will accept photocopies of the returns as documentary proof of filing for I-864 purposes, as long as you can get proof of posting for the returns.
the mavenFemaleUnited Kingdom2007-08-07 04:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 question
I checked both boxes -- worked just fine for us! I was the principal sponsor for my husband; my mom acted as joint sponsor.
the mavenFemaleUnited Kingdom2007-08-18 08:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAre all requirements met?
:time: It really does help us to help you. As beckypua says above, the Phillipines are strict about domicile of the USC; on the other hand, London is well known for being extremely lenient about such matters. Every consulate has its own quirks -- what country are you filing from?
the mavenFemaleUnited Kingdom2007-08-05 14:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHubby's medical exam today in London
Glad to hear it all went well! good.gif
the mavenFemaleUnited Kingdom2007-09-05 22:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion about overstaying
Thanks for the fast reply :) Sounds like there shouldn't be any problem judging by what you said, but I will definetely take your advice and consult an immigration attorney just to be on the safe side.
Thanks again for your help!
Misty1979FemaleCanada2007-04-29 17:22:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion about overstaying
Anyone? :dance:
Misty1979FemaleCanada2007-04-29 16:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion about overstaying
Was just wondering if anyone could shed some insight on this for me, since I haven't been able to find a definite answer through any research.
I'm a Canadian citizen, and my husband is American. We married last year in the US, and have already had an I-130 petition filed and approved to eventually bring me to the US to stay.
My question is this : I know there is a 6 month limit to how long a Canadian citizen can visit the US at one time, but is it considered overstaying if you have been present in the US for more than 180 days in the past year, even if the time spent were on separate occasions?
I know on the form DS-230, you have to write down all the visits you have made to the US, and the dates you stayed. It also states that if you have been "unlawfully present" in the US for more than 180 days, you may be ineligible to receive a visa.
If you've spent more than 180 days in the past calendar year in the US, are you then considered "unlawfully present?"
I think its probably about 205 days that I was present in the US for the last year, but those days were split up into 4 separate visits, each time entering legally at a POE without a visa since we are not yet required to have visas to visit the US.

We've done everything possible to make sure we are abiding with the immigration laws (hence all the visits back and forth instead of just staying and trying to adjust status here,) but are both just a little worried that the length of time spent in the US could raise a problem come the interview time.
Any feedback would be appreciated :)
Misty1979FemaleCanada2007-04-28 18:38:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTransfer Embassies?
Sorry, my bad, meant to say Consulate. Still kinda new to all this so I still mix up my terminology quite a bit :blush:
Anyways, its good to know now ahead of time that at some point I will eventually have to travel to Montreal, now at least I can prepare in advance for the trip.
I'll just think of it as a good excuse to see more of Canada and maybe learn some french while I'm over there.
Thanks for your quick reply :D
Misty1979FemaleCanada2007-05-02 09:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTransfer Embassies?
Hi all, just had a question I hope someone out there might be able to help me with.
I'm probably getting way ahead of myself here, but I'm wondering if it's a wise thing to do to request having my case transfered to the Vancouver embassy instead of the Montreal embassy. We're not that far in the IR-1 process yet, (Waiting on the I-864 info from NVC right now,) but I've heard that Vancouver is much faster, and also it is only about 1 1/2 hours from my hometown. Montreal is quite a ways away and I'm not sure why they would process my case there anyways :unsure:
They haven't specifically told me which embassy will be processing my case, but I assume it must be Montreal since my case number starts with MTL.
If nothing else, it would just be easier to have my interview in Vancouver to avoid the $940 plane ticket to Montreal and back.

Thanks in advance for any ideas :D
Misty1979FemaleCanada2007-05-01 19:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 questions
Wow thanks, that clears everything up. Most of that stuff we already have, so the rest should be a breeze.

Thanks for your replies :)
Misty1979FemaleCanada2007-05-05 18:37:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 questions
Our I-864 info arrived in the mail finally today :dance: , but after reading the I-864 form over, I'm a little confused about a couple things:

-We're using a joint sponsor, and he easily meets the income requirements, so with that being said, is it ok to only submit his 2006 tax transcripts, or do we still need the last 3 years?
-I've heard that you only need to submit W2's if you don't submit official IRS tax transcripts, but the form says we do need to submit them anyways, is that true?
-Last but not least do both sponsors need to get bank statements with info on how long the account has been open, all deposits made in past 6 months, etc, and employer statements as well?

Sorry for all the questions, but I read the form 3 times and am still a little confused, and don't want to send it in with missing documents! (NVC's helpline is closed today as well, so I wasn't able to get help there.)

Thanks in advance for any replies! :)
Misty1979FemaleCanada2007-05-05 14:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresA little help on the I-864 please :)
My husband will be under the mark by about $1500, due to having a daughter included and not making a whole lot of money to begin with.
Our joint sponsor will make enough (haven't totalled it all up yet, since I won't know his wage, etc til he gets here today with all his info,) but I'm pretty sure it will just be enough by a thousand or two, judging by his previous years tax returns.

I'm thinking maybe we'll just go ahead and file the form the way it is with NVC, but when it comes time for the interview, we may go ahead and have the house appraised, just to make sure I have more evidence of support incase they ask.
Misty1979FemaleCanada2007-05-10 08:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresA little help on the I-864 please :)
Don't worry, I think any confusion made was on my part for reading it wrong hehe. Sounds pretty straight forward now though, thanks again for your help :)
Misty1979FemaleCanada2007-05-09 23:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresA little help on the I-864 please :)
WOW that made alot more sense than the way the lady on the phone attempted to explain it to me, lol. (Maybe you should consider a career with NVC :lol: )

The sponsor is his father, who does not reside with him. I'm assuming that since we are not including his mother's income as the amount used to qualify us, that she does not need to fill out an I-864A ( since she resides with the father.)

Thanks again for clearing all that up for me!!
Misty1979FemaleCanada2007-05-09 23:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresA little help on the I-864 please :)
Getting ready to pull my hair out. The lady on the phone at NVC had no idea how to answer my question and left me more confused than before I had called :help:
Misty1979FemaleCanada2007-05-09 23:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresA little help on the I-864 please :)

If it were me I would gather as much infomation as possible better to have all your ducks in a row then to miss out on something, this includes the house as that is a asset. You can never be overly cautious in this process.

Janice


I was afraid someone might say that. I just hate having to put the joint sponsor through more trouble, as I feel like we have asked so much already, but you are probably right.

Still confused on Line 23 if anyone can help me there
Misty1979FemaleCanada2007-05-09 21:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresA little help on the I-864 please :)
Sorry, forgot to include this in the question above, but after adding together the income for this year, and the disability pay, the joint sponsor will meet the requirements according to the poverty lines, but not by much. However, he does own two pieces of land, and also a house. Would it be worth the trouble to get him to have them assessed and included in the assets, or will it be ok that he just makes the income requirements... but not by much?
Misty1979FemaleCanada2007-05-09 20:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresA little help on the I-864 please :)
Line 23: My Current individual annual income is:

So, my question is, how do we determine what the income for this year is expected to be, when the year isnt over yet? Do we basically multiply the hours per payperiod he works, by his wage, then multiply that number by 24 for how many paychecks he receives in a year? (and how do I prove that he does make the amount we claim?)
Also, our joint sponsor receives $400 or so a month from the Department of Defense for disability pay, which I'm told we can also add into line 23. I understand the Consulate may require evidence of the disability pay, so does anyone know what we should use? We can get a photocopy of a letter from the DOD stating he receives disability pay, or we can get bank statements showing the amount being deposited in his account.

The lady on the phone at NVC was not helpful at all (I think she was new,) so I'm hoping someone here will know what to do!
Thanks in advance

Edited by Misty1979, 09 May 2007 - 08:41 PM.

Misty1979FemaleCanada2007-05-09 20:40:00