ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresNeed ITIN for wife even though "Married, filing separately"?
QUOTE (PK and PK @ Aug 19 2009, 02:42 AM) <{POST_SNAPBACK}>
Call up IRS tax hotline. They have some experts there that are quite helpful.


I tried calling that hotline back in February when I was preparing my taxes and they were completely useless. An hour and a half of getting switched up and down the chain of command and in the end they told me nothing that wasn't on the IRS website. Maybe you'll have more luck though.

In the end I filled out my federal and state returns online with TurboTax, filing as "married filing separately." Because my husband didn't have a social security number I couldn't e-file so I just mailed them in. Had no problems with my federal return- had my refund direct deposited a few weeks later. New York State sent me a letter a little while after I submitted the return saying something like, "We are missing some information, please tell us your spouse's SSN." I just wrote them a letter saying, "My husband is a non-resident alien. He has never lived or worked in the United States. My filing status is "married filing separately" and so his SSN is not required. My federal tax return was accepted without issue, please continue processing my return." Got my refund from them a few weeks after that. In retrospect I should've included that letter in the first place. I wouldn't waste time with the ITIN unless you need it for something else (adding your spouse to a bank accounts etc.).
imaishaFemaleUnited Kingdom2009-08-20 14:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling 2008 Taxes for CR1
You cannot file as single. If you were married on December 31st then you must file as married. Besides, it would look fishy when removing conditions (or filing an affidavit of support) if you showed a tax return claiming you are single.

Edited by imaisha, 02 February 2009 - 07:25 PM.

imaishaFemaleUnited Kingdom2009-02-02 19:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling 2008 Taxes for CR1
Or if you would benefit from a greater exemption, you can file married filing jointly and apply for an ITN at the same time. You'll have to file a paper return and any refunds or credits might take longer because of that, but it might be worth it if you'd get money back. You'd have to include your spouse's international income too though... It gets more complicated but in some cases you could end up with a lot more money back.
imaishaFemaleUnited Kingdom2009-02-02 15:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS-3032 BARCODE NEEDED?
QUOTE (Paris Heart @ Apr 29 2009, 09:12 PM) <{POST_SNAPBACK}>
QUOTE (imaisha @ Apr 29 2009, 08:02 PM) <{POST_SNAPBACK}>
yep lingche has similar instructions you can find them here:

http://www.visajourn..._IV_Package.29:



That the name,!!!! rofl.gif rofl.gif Lingche, I could not think of it. CLose enough for government work as I say in my profession.
Thank you!!


hehe what profession is that? sounds fun(ny)
imaishaFemaleUnited Kingdom2009-04-29 20:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS-3032 BARCODE NEEDED?
yep lingche has similar instructions you can find them here:

http://www.visajourn..._IV_Package.29:
imaishaFemaleUnited Kingdom2009-04-29 20:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS-3032 BARCODE NEEDED?
james's shortcuts have two good ways to get your DS-3032 in quickly. one is emailing it and the other is creating your own barcode online. if you decide to email, it's a good idea to mail it as well, but you can check with NVC to see if they've accepted and entered it via e-mail after a few days.
check this link for instructions:

http://www.visajourn...mailing_DS-3032

Edited by imaisha, 29 April 2009 - 08:00 PM.

imaishaFemaleUnited Kingdom2009-04-29 19:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresOctober 2008 Filers
i am in the same situation right now. definitely contact both of your senators and your congressman. they can get in touch with VSC and find out something a little more detailed than you've gotten on the phone (it's in security checks, it's being reviewed right now, etc.). it doesn't always help though. for example, my senator told me my case was already with an adjudicator when she checked in... that was four weeks ago.

also, did you get a reference number for your service request? they often get tossed in the bin with no record, so having the reference number is the only way you'll be able to check in again in 2 months and ask about it. the only time i got one (after 4 service requests) was by speaking to someone at the national service center- not VSC.

also, please go here: http://www.visajourn.../intro.php?cfl=
and create a timeline- it only takes a minute. it helps everyone get a better idea of how fast or slow things are moving and makes all of our timelines more useful.
imaishaFemaleUnited Kingdom2009-05-11 13:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresBarcode cover sheet for DS 230
i think that's the only one. sorry sad.gif
imaishaFemaleUnited Kingdom2009-05-12 19:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresBarcode cover sheet for DS 230
https://ceac.state.g...ice/signon.aspx

is that it?
imaishaFemaleUnited Kingdom2009-05-12 18:22:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan the I-130 form and cover sheet be mailed after it is filled out?
the I-130 must be mailed to a lockbox in chicago. please check the USCIS website for instructions:

http://www.uscis.gov...00048f3d6a1RCRD

the G-325A needs to be mailed together with the I-130 and several other documents. the instructions for this are found on page 2 of the I-130 instructions, which can be found here:

http://www.uscis.gov.../I-130instr.pdf

if you are a US citizen then you do not have an A number. make sure to include you social security number where it asks below that.

and have you read the guides section above? i think they'd be really helpful for you...

Edited by imaisha, 15 May 2009 - 12:46 PM.

imaishaFemaleUnited Kingdom2009-05-15 12:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan the I-130 form and cover sheet be mailed after it is filled out?
the I-130 must be mailed to a lockbox in chicago. please check the USCIS website for instructions:

http://www.uscis.gov...00048f3d6a1RCRD

the G-325A needs to be mailed together with the I-130 and several other documents. the instructions for this are found on page 2 of the I-130 instructions, which can be found here:

http://www.uscis.gov.../I-130instr.pdf

if you are a US citizen then you do not have an A number. make sure to include you social security number where it asks below that.

and have you read the guides section above? i think they'd be really helpful for you...

Edited by imaisha, 15 May 2009 - 12:46 PM.

imaishaFemaleUnited Kingdom2009-05-15 12:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhen can I pay my IV bill?
QUOTE (Betsy El Sum @ May 17 2009, 11:31 AM) <{POST_SNAPBACK}>
Guys I have a question. I have already paid my $70 AOS fee. When I log onto the payment website I see that the bill has not been generated for the IV bill yet. What triggers that to happen? Is it the acceptance of your choice of agent??? Gosh this all gets so confusing!!!


yes it's generated after they enter your DS-3032. did you email it or mail the hardcopy?
imaishaFemaleUnited Kingdom2009-05-17 11:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow much longer?
Oops- I see! Thank you smile.gif
imaishaFemaleUnited Kingdom2009-05-18 09:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow much longer?
TayRivers, I see from your signature that you got an RFE for the petitioner's birth certificate. Did you have special circumstances that required that or do they want birth certificates from both of us now?
imaishaFemaleUnited Kingdom2009-05-18 08:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresChecklist Snag
drg, please fill in a timeline! you can find it here: http://www.visajourn.../intro.php?cfl=

it helps us all know what to expect smile.gif
imaishaFemaleUnited Kingdom2009-05-15 11:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresLast name???
QUOTE (Courtney n Ahmad @ May 18 2009, 01:05 PM) <{POST_SNAPBACK}>
I just had my certified translation of my marriage certificate and my old DL they changed it on the spot.

If you book your travel in your married name make sure to have your marriage certificate with you.


driver's licenses are issued by the state and the laws are different for each one. it really depends where you are. mine was an english certificate issued in the UK and new york state would not accept it, no bones about it. you'll have to find out what your state will accept if not the marriage certificate. with a social security card and a passport though, there's really no way they can turn you down.
imaishaFemaleUnited Kingdom2009-05-18 12:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresLast name???
no worries! i used my married name on the forms but the photocopy i sent of my passport still had my maiden name. i had no problems at all. the most important thing to do is change your name with social security, which you've done.

as for the dmv, in ny they also will not accept a foreign marriage certificate. i showed my new social security card and my new passport once i got those changed as well as my marriage certificate and that worked.

Edited by imaisha, 18 May 2009 - 11:46 AM.

imaishaFemaleUnited Kingdom2009-05-18 11:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1 questions
with newlyweds they understand that most haven't had the chance to live together yet. you can prove a bona fide relationship in other ways though. aside from the marriage certificate you should gather photos from throughout the relationship as well as the wedding, ticket stubs from trips to visit each other and maybe a snippet of your correspondence- if you don't have phone bills that show calls to each other maybe include some email print outs or chat logs.
at the I-130 stage i only sent in around 20 photos from the wedding and trips we've taken together and that seemed to be enough for them. i'm planning on more evidence for the interview, though it seems london usually doesn't ask for it.

as for the timeline, you should prepare for about a year apart. you may get lucky and it goes a little quicker, or you may be one of the people who get stuck at VSC for more than 6 months. it's pretty random. use that time though to go through this site and learn the tricks to get through the rest of the process after VSC a bit quicker (i.e. the NVC shortcuts).

you can always go there to visit, if you have the ability to. your husband can also try to come here for visits, but there is always the possibility that he will be turned away. if he can provide the immigration officer at the port of entry enough proof of ties to Scotland (i.e. a job he must return to, a home he owns, etc.), he'll probably be ok. it's never a sure thing though. my husband has been here for visits twice and he's never been given any trouble. others haven't been as lucky though.

and yes, you can attend the interview if you'd like, but it's not as important in london as it is in high fraud countries.

i think that was it. good luck!

Edited by imaisha, 17 May 2009 - 01:20 PM.

imaishaFemaleUnited Kingdom2009-05-17 13:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Bill
QUOTE (xylide @ May 19 2009, 11:56 PM) <{POST_SNAPBACK}>
yes..she received the AOS for her(she is the beneficiary and agent) and wondering if she will receive one for her kid also..coz she just received the IV bill for her kid..


i think that because they are dependents they are included in her I-864 and so there won't be a separate bill. the quote in my first post from the instruction page of the form makes it sound like she might need to send in more photocopies of the form though. she really should just call them to make sure though.
imaishaFemaleUnited Kingdom2009-05-19 23:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Bill
oh i thought she got and paid for the first AOS and she was just expecting one for the children, which probably wouldn't come.
if not then something is weird and she really should call NVC and speak to an operator.
imaishaFemaleUnited Kingdom2009-05-19 22:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Bill
i think the kids should be included in her original I-864. from the form's instructions, page 4:

Often a spouse or minor children obtain visas or adjust statusas dependents of a relative, based on the same visa petition. Ifyou are sponsoring such dependents, you only need to providea photocopy of the original Form I-864, as long as thesedependents are immigrating at the same time as the principalimmigrant or within six months of the time he or sheimmigrates to the United States. You do not need to providecopies of the supporting documents for each of thephotocopied Forms I-864.

http://www.uscis.gov.../form/I-864.pdf

can she call NVC and speak to an operator just to make sure though?
imaishaFemaleUnited Kingdom2009-05-19 11:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 Not forwarded to NVC - Please Help!
If you'd like to try speaking to someone at USCIS before making an Infopass appointment try this:

Dial (800)375-5283
Press 1, 2, 1 then enter your receipt number
When it retrieves your case and begins to give you the status, press 1,3,4
You'll be transferred to someone at your service center, or if it's after hours it will go to the national customer service center

I'm afraid you'll have to wait until Tuesday morning because of the holiday, but it's worth a shot.

Good luck!
imaishaFemaleUnited Kingdom2009-05-23 16:20:00
IR-1 / CR-1 Spouse Visa Process & Proceduresis there anything i can do now, or just sit back & wait?
after your petitions are approved they'll go to the National Visa Center (NVC)

the I-129f will get sent pretty quickly to your embassy for the processing of the K-3 visa
the I-130 stays at NVC for processing of the CR/IR-1 visa (if you choose to continue with that)


check here for more info on the K-3 process: http://www.visajourn...amp;page=k3flow

and here for more about the CR/IR-1 process at NVC: http://www.visajourn...wchart_v1-2.pdf

if you think you might go the immigrant route, read this: http://www.visajourn...he_NVC_ShortCut
it'll save you weeks at NVC

check here for more information specific to your embassy: http://www.visajourn...e...a&cty=Alger

and don't be afraid of the regional forums- the process can vary a little bit when you get down to that part so the people there will have invaluable info for you
imaishaFemaleUnited Kingdom2009-05-25 20:53:00
IR-1 / CR-1 Spouse Visa Process & Procedurestax stress ---might not make enough
"For purposes of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ,the line for adjusted gross income will be considered."

from page 8 here: http://www.uscis.gov.../form/I-864.pdf

and don't give up hope. have you considered a co-sponsor? also keep in mind that it's not solely the last year's tax return that they make their decision on. could you get a letter from an employer showing your salary? what do your paystubs show? any assets? you might be able to count the IRA as an asset.

Edited by imaisha, 26 May 2009 - 03:20 PM.

imaishaFemaleUnited Kingdom2009-05-26 15:17:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow do you know if your case has been assigned?
i'm not sure. they could be lying to us when they say that it's been assigned or that they can't see. try speaking to a representative- it can't hurt. it's not slowing your petition down any. their ONLY job is to answer the telephone. my petition took 7 months and it was never touched online still no approval listed on their website and i'm halfway through NVC. about two weeks before it was approved i got an operator who told me that it was on an adjudicator's desk. my senator's contact with them got the same response, so i think it is somewhat useful to ask. don't be disappointed if they don't say that though. other operators i spoke to said ridiculous things like it was still in the file room, they weren't processing my I-129f anymore etc.- all lies. just try calling again in a few days and you might get a different answer.
imaishaFemaleUnited Kingdom2009-05-26 14:17:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat's wrong with NVC's Number
it happens all the time. just keep calling and you'll get through eventually. it took me around 15 tries last night i think. heh.
imaishaFemaleUnited Kingdom2009-05-27 12:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat the Immigration Lawyer told me...
the affidavit of support is not about her suing you for support- it's about the government requiring you to repay them for any benefits she may use. a pre-nup is between you and your wife. the affidavit of support is between you and the government. this information from the lawyer sounds quite bogus. A "waiver of Binding Affidavit of Support" between you and your wife would mean absolutely nothing to uncle sam.
imaishaFemaleUnited Kingdom2009-05-27 12:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHuge confusion
i think your wife will have to file those returns regardless of whether or not she owed any money. the tax forms take into account foreign income and yes she is exempt from paying taxes on that income, but she still must report it to the government. i don't think there is any way around that. there was a similar post recently, you can find it here: http://www.visajourn...howtopic=196435

if you are using a joint sponsor then they will have to fill out an I-864 of their own and you will have to include all of the evidence that form requires, including their tax transcripts.

imaishaFemaleUnited Kingdom2009-05-27 13:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHuge confusion
again, there is absolutely no way that anyone can tell you when your case will be adjudicated.
it could be next week, next month, next year.
June 27th is 5 months from your NOA1 date, so the operator was just telling you the date five months from the time you filed. the current processing times are 6 months, so July 27th is more likely.
never ever ever count on anything the operators at USCIS tell you. we call it the misinformation line because the people who answer the phone are outside contractors hired just to answer the phone and read what's on the computer. it was wrong of them to give you a date and i would count on something closer to July 27th.
that being said, pigs often fly around USCIS. some people have gotten approvals in two weeks, some have waited two years. anything before 6 months is wishful thinking though as until you are outside processing times there is nothing anyone can do about it.
imaishaFemaleUnited Kingdom2009-05-27 11:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHuge confusion
ok fair enough. you will probably need a joint sponsor. that sponsor must be a u.s. citizen or resident and must make 125% of the poverty line on their own . their income is not added to your income.
has she been filing her u.s. taxes? even if she's living abroad, she should be filing and they will ask to see the transcripts, even if she owes the government nothing. not having a work history in the u.s. because she's not in the u.s. isn't going to do much to help your case.
you may also be able to use assets if that's an option for you.
also read carefully the rules about her country of domicile. if she states italy then she'll need to provide proof that she is returning to the u.s. (a lease, a job offer letter, etc.)
imaishaFemaleUnited Kingdom2009-05-27 08:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHuge confusion
Whoa. If she's been living there for the last 8 years maybe you really should look into DCF. It's possible you could be done with the whole process before your I-130 and I-129f are adjudicated here. Check in the DCF forums to see if anyone has done it in Italy before.
imaishaFemaleUnited Kingdom2009-05-27 08:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHuge confusion
Yes, I the petitioner had all of the documents ready to go so that I could mail them from here in the U.S. It's not only faster but cheaper and more reliable that way. The first step when you get to NVC is a form called the DS-3032, which allows you to appoint someone in the U.S. to receive all the paperwork from them. You should make this person your wife. She'll be the one sending in the documents and she'll also need to pay the fees because they must be drawn from a U.S. bank in U.S. dollars.
imaishaFemaleUnited Kingdom2009-05-27 07:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHuge confusion
go here: http://www.visajourn.../intro.php?cfl=
to edit your timeline. the 4th question is "visa type"- change that to K-3 and then you'll see the boxes for inputting the I-130. that form isn't used for the k-1, which is what you have selected now, so there are no spaces for it.

there's no way to know when anything will be done. it's not "automatic." no one can tell you how many days you have left. you could go beyond 6 months at USCIS. i did. once it gets to NVC, there are ways to check on it. you can call and get updates and if you read the LingChe shortcuts that i linked earlier then you'll have a good idea of how the process works at NVC. there are no set timelines though, that's something to remember. USCIS says 6 months, but it could be more it could be less. NVC says 4-6 weeks for most forms but if you follow the shortcuts and use e-mail, etc. all these little tricks cut that time down. there's no way to make anyone move any faster though so the best you can do is be ready to give them what they want as soon as they ask for it. and that preparation just takes some research on here.

imaishaFemaleUnited Kingdom2009-05-26 16:22:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHuge confusion
in order to DCF she'd have to have been there as a resident for the last 6 months. if that's not the case then they'd definitely lose time waiting to meet that requirement and start DCF.

also don't know how withdrawing a petition will affect later processing. do you have to declare it when asked if you've ever filed for a relative before, even if it's not approved? probably. not sure though, and not sure if that would actually make any difference.
imaishaFemaleUnited Kingdom2009-05-26 13:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHuge confusion
I also see that you've filled in your timeline as a K-1 visa. Find out your NOA1 date for the I-130 and be sure to change that to a K-3 visa and fill that part in.

The time frames for the two visas can vary slightly so it's important to input as much information as possible to get the best estimate. My approval came right in the middle of the dates VisaJourney predicted, so it can be very accurate for some.
imaishaFemaleUnited Kingdom2009-05-26 11:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHuge confusion
It's my husband who is the foreign citizen, but yes, he's still waiting to enter. We filed with USCIS in October, were approved exactly 7 months later and we're currently doing the processing at NVC. We expect he'll receive his visa in August, September at the latest (I hope). So it will work out to about 10-11 months.

Even if you do everything perfectly, there can be bumps in the road. A good estimate is usually 1 year. Some people fly through the whole thing and get approvals from USCIS in two months, others sit there untouched for much much longer. It's really hard to predict the whole timeframe until you've passed that point.

You're also allowed to try to visit during the process if a year will be too long to be apart. My husband was able to come over twice, spending a total of about 3 months of the process here. You can come over on a visa waiver, you just have to bring enough evidence that you will return to your country (letter from an employer, lease, car payments, etc.) to convince the immigration officer that you are not planning on overstaying. Some people have had a hard time. My husband and quite a few others have thankfully never had any trouble.

Edited by imaisha, 26 May 2009 - 11:22 AM.

imaishaFemaleUnited Kingdom2009-05-26 11:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHuge confusion
i started this process almost 8 months ago and i'm still learning something new every day. we all are smile.gif keep reading and keep asking questions!
imaishaFemaleUnited Kingdom2009-05-26 10:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHuge confusion
Don't worry about starting out with the K-3 process. I did that too, filed my I-129f and all that, even doing the paperwork the embassy requests for that visa.

You can decide later on and either just ignore the I-129f (which is the form that results in the K-3) and only follow the I-130 (which is the form that results in the IR-1) or pursue both and take whichever one happens quicker for you.

You're not beholden to anything yet. The nonimmigrant visa won't cost you another penny until you actually go in for your interview (whereas you pay all the immigrant fees to NVC before that interview date is even set) so it might be worthwhile to consider doing them both!

imaishaFemaleUnited Kingdom2009-05-26 09:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHuge confusion
Definitely use this time to do some more reading on here and learn some more about the process.

Because you got married in 2005, you're eligible for an unconditional green card if you go for the IR-1 visa. I would really suggest you consider going that route only. The K-3 does not really save any time anymore as the I-130 and I-129f are usually approved on the same day and the LingChe shortcuts (linked in a previous post) will save you weeks at NVC. It will save you money in the long run (you won't have to adjust status when you arrive) and you'll be work authorized as soon as you enter the country.

Do some more reading to see if it's right for you though and read through the regional forum for Italy as well as the embassy reviews to see if the K-3 would be easier for you because of your specific location.
imaishaFemaleUnited Kingdom2009-05-26 09:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHuge confusion
Also, if your wife filed only an I-130 and not an I-129f then you will be applying for an IR-1 visa rather than a K-3. That's a good thing, you'll get an immigrant visa, it just means that there is more processing done at NVC than for the K-3.
You should read the guides above and also this: http://www.visajourn...wchart_v1-2.pdf which explains the process at NVC after your I-130 is approved, as well as this: http://www.visajourn...he_NVC_ShortCut. Those are some shortcuts to get through NVC faster and it'll give you an idea of the forms and certificates you can work on gathering while you are waiting for your approval.

Some people can get through NVC in a month or less, for others it takes 2 or 3 months. Preparation really helps with that step so do read up on the links above.

Edited by imaisha, 26 May 2009 - 09:31 AM.

imaishaFemaleUnited Kingdom2009-05-26 09:30:00