biggish data

Are we allowed to visit to USA while visa application is pending?

There should be no problem but allowing your husband to enter is the decision of the individual border guard. Bring lots of proof that he intends to return; your NOA1 ( to prove you are doing the immigration the right way) copy of a lease, return ticket, letter from an employer stating he is expected to return. Also make sure the return ticket does not have him overstaying the visitors visa (6 mos I think). Good luck!

canafornia

Female

Canada

2012-06-20 08:22:00

RFE Text today

A copy of the marriage certificate is usually enough for the I-130, so long as it is the official document. But like anything else it's up to the adjudicating officer to accept or RFE.

canafornia

Female

Canada

2012-06-25 09:07:00

RFE Text today

mostly beneficiary sending to petitioner but I have from both ways. We got married in Canada. Beneficiary lives in canada but is from Philippines. I sent receipts of trips, receipts of gifts, cards, money tansactions, web cam calls, text messages, receipts of wedding rings, photos of trips together, with fam, and wedding. If thats not enough for them then this process sucks.

Question I sent them, I guess called short form of marriage cert. Was i supposed to send the long form? I was kinda looking to see what it could be and that came to mind.

I bet that is it, you need to send the official long form marriage certificate from Canada. You will need this if you don't have it, order one now, or have your wife order it from the registrar of the province you were married in. You should be able to expedite by paying an extra fee.

canafornia

Female

Canada

2012-06-24 23:03:00

HELP ME PLEASE!!!

I was able to change my interview for an earlier date because there was one available, it had nothing to do with my circumstances and I was never asked why I wanted to change it. After your date is assigned and your file has arrived at the consulate contact them to request an earlier date, hopefully one will be available. Good luck.

canafornia

Female

Canada

2012-07-06 14:35:00

Intial I-130 Approval

Normal....mine was three months or so. Bummer huh?

Angie'nMark

Female

Canada

2010-06-11 13:29:00

DS-230 - Previous Refusals of Admission into US??

QUOTE (michellea @ Feb 24 2008, 02:33 AM) <{POST_SNAPBACK}>

I was turned around once before I had done my homework and knew what I should do.

At the interview, I confirmed this (had written it down on the application) and there were NO problems
However at the time of my refusal, they told me that if I tried to come in again without the immigration visa that I could be BAN from the US for 10 years. FYI

Yikes. Did they hand you form I-275 or just tell you verbally? Also, how did your interview go??

WantingMyHubby

Female

Canada

2008-02-24 11:10:00

DS-230 - Previous Refusals of Admission into US??

You have to disclose all denials at POE. Maybe consult an immigration attorney.
[/quote]

I definitely plan to ask an attorney, eventually. You have to check either "yes" or "no" to the question. If yes, you explain why...since it's a small space, I'll have to look into whether I should disclose that I was denied twice, or if I should summarize both denials into one reason, etc.

I assume people get denied on a regular basis and are still able to obtain immigrant visas, but I'm just trying to gauge how complicated this process will be. Guess it's best to talk to an experienced & fully competent attorney!

They took fingerprints and pics both denials, but they never gave me the form I-275 (I think that's the one). They didn't write anything in my passport, either...so I hope that means it won't look too bad. We shall see!!

WantingMyHubby

Female

Canada

2008-02-24 01:38:00

DS-230 - Previous Refusals of Admission into US??

Hello hello...

My hubby and I have yet to file the I-130 - however, I've been reading these messageboards religiously in hopes of knowing the different steps well ahead of time...

For the DS-230 part 2, I see a question near the end asking about previous refusals of admission into the US. If you have been denied entry at a POE, they give you a tiny space to explain why. I posted a message a week ago or so regarding my recent denials into the US - regardless of the reason, right now, all I want to know is if denials automatically result in a delay in the visa or any big complications.

In a nutshell, I was denied entry twice because we were clueless in the whole visa process and didn't do our research on how these things work - in retrospect, I fully realize how stupid that was, but I've been trying not to dwell on the past. Just trying to get to the US quickly...and LEGALLY!

I've been told that denials shouldn't affect a visa application, but that question on the DS-230 has already gotten me really worried, and I haven't even started the process!!

Any observations/comments based on previous experience?? Thanks

WantingMyHubby

Female

Canada

2008-02-24 01:08:00

stupid questions about forms

QUOTE (NoelandTintin @ Feb 25 2008, 05:34 PM) <{POST_SNAPBACK}>

I didnt include a table of contents. I used paper clips instead of staples. Then I used a big clip to put it all together. I was actually impressed when I was done. I looked at my paperworks and said.. Yeah, I would approve that. LOL

Also, dont laugh but for the passport photos, I bought one of those cute little 3x3 inch thank you cards from walmart for 49 cents and used the envelope.

Hey, as long as it works, right?

I was wondering what to do with those pics...someone had suggested putting them in ziplock bags (one bag for petitioner, one for beneficiary), and then stapling (oops, here we go with the staples again) each bag to a piece of paper. Don't know if that's really necessary, but I guess it would stay in the package quite well!

I love this site, because you get so many little tricks...

WantingMyHubby

Female

Canada

2008-02-25 19:27:00

stupid questions about forms

QUOTE (crazysamurai @ Feb 25 2008, 04:22 PM) <{POST_SNAPBACK}>

Folks,
I am ready to assemble my packet for I-130 and G325A. Before I do that, I am going to ask a stupid question: Do I staple I130 and G325A or not? I am freaking out little bit with regards to how should I assemble my packet. There are lot of documents that we have to send (passport copy, marriage cert., photos, etc.) and I don't want to just throw everything in an envelope. If you guys have any suggestion please advise me coz I am really stressed out right now about what to do......

My hubby and I aren't even close to sending stuff out, but I read that you should have a cover letter and table of contents as your first page, along with your cheque or money order attached to it. Then you would number all of your documents (hence the table of contents)...I had read one post that suggested clipping everything together with a big clip - that way it is organized and kept together properly, but they'll end up taking it apart to look at everything anyway, so a clip works well. I would think that staples would be much more of a hassle for them.

Just my two cents, but keep in mind that I'm still in the learning phase! Good luck

WantingMyHubby

Female

Canada

2008-02-25 16:33:00

OK...le me ask this knowing I should know the answer by now

QUOTE (calamitka @ Feb 26 2008, 10:42 PM) <{POST_SNAPBACK}>

03.16.2009 !!

I wish you good luck and actually CR1 because it means you will be sooner with hubby

I agree

Thanks for the good luck and have a great time with your hubby when he visits!

WantingMyHubby

Female

Canada

2008-02-27 06:54:00

OK...le me ask this knowing I should know the answer by now

QUOTE (MarilynP @ Feb 26 2008, 10:14 PM) <{POST_SNAPBACK}>

QUOTE (WantingMyHubby @ Feb 26 2008, 06:26 PM) <{POST_SNAPBACK}>

QUOTE (Delicia @ Feb 26 2008, 09:08 PM) <{POST_SNAPBACK}>

IR-1 = married 2 years + (results in a 10 year no conditions green card)
CR-1 = married less than 2 years (results in 2 year conditional green card)

I was married on 3/16/2007...so if I am approved for the visa (interview and all) BEFORE 3/16/2009, I would be issued a CR-1. If I am approved AFTER 3/16/2009, I'll be issued an IR-1. Is that right?

The immigration lawyer we've spoken to (briefly) had mentioned that the silver lining in our visa procrastination is that by the time I get approved, I'll most likely have a 10 year green card. Also, what is meant by "no conditions" vs. "conditional"?

Simple questions, I know!

lets say your interview is before 3/16/2009 but you enter the US with your visa after 3/16/2009, you need to tell the immigration officer that you have been married for over 2 years and show them your marriage certificate and you should get the 10 year card.....

Gotcha...thanks for everyone's insight. We have many hurdles to overcome before I can even think about CR-1 vs. IR-1!

WantingMyHubby

Female

Canada

2008-02-26 22:28:00

OK...le me ask this knowing I should know the answer by now

QUOTE (calamitka @ Feb 26 2008, 09:47 PM) <{POST_SNAPBACK}>

Correct if your interview will take place after 03.16.08 your visa will be IR-1.

About conditional (CR)v. nonconditonal(IR) I'm not sure. I think to remove condition (2 years validity change for 10 years) you have to be still married. I might be wrong.

You mean, if my interview takes place after 3/16/09, right?

About the conditional vs. non-conditional, I understand, I think. All I know is that it would be nice to have everything timed to get the IR-1, as opposed to the CR-1 (although I'll be happy just to be with my hubs!!)...

WantingMyHubby

Female

Canada

2008-02-26 22:03:00

OK...le me ask this knowing I should know the answer by now

QUOTE (Delicia @ Feb 26 2008, 09:08 PM) <{POST_SNAPBACK}>

IR-1 = married 2 years + (results in a 10 year no conditions green card)
CR-1 = married less than 2 years (results in 2 year conditional green card)

Edited by WantingMyHubby, 26 February 2008 - 09:29 PM.

WantingMyHubby

Female

Canada

2008-02-26 21:26:00

Administrative Process;

QUOTE (chaingang @ Feb 27 2008, 07:42 AM) <{POST_SNAPBACK}>

brother my interview was on march 28 2007 and today is feb 27 2008 guess what i am getting nuts so pray to God this is what we can do

Chaingang - out of curiosity, where was your interview? Any idea why it has taken so long, was it a security check?

I hope everything works out for both of you

WantingMyHubby

Female

Canada

2008-02-27 07:57:00

temporary visa while I-130 is pending

QUOTE (l3tranger @ Feb 26 2008, 11:07 AM) <{POST_SNAPBACK}>

I went to the Montreal consulate this morning to interview for a non-immigrant visa for the US while having a I-130 pending. Some people on this forum asked before that if getting another visa is possible during the journey, and according to answers from the consulate and my interview, it is possible, as long as you have a legitimate reason. They aren't harsh when it comes to giving visiting or travel visas, and definitely will approve work visas with your employer's invitation.

Anyway, I got a one-year unlimited entries visa to USA so I can finally go back and visit!!

Wow, congrats

You must be so happy! Are you from Montreal? Also, was it a visitors visa that you were issued? Okay, last question - did you get an interview quickly and was it issued on the spot?

This is just for my own curiosity. I was denied entry twice, so I think it's highly unlikely that I could get a similar non-immigrant visa to enter into the US for the next year

WantingMyHubby

Female

Canada

2008-02-26 11:13:00

I-130 Question - So Simple!!

QUOTE (WantingMyHubby @ Mar 4 2008, 02:15 PM) <{POST_SNAPBACK}>

Thanks a ton! As much as I read this site religiously, I'm sure I'll have many more questions...

Thanks again!!!!

On second thought, here's another question...not as simple.

On my G-325a (I'm the beneficiary), I'm listing my employment for the past 5 years. I volunteered with Habitat for Humanity in the US for 11 months - I know that doesn't qualify as employment, but should I enter a line for those 11 months and indicate "none" to show that I was technically unemployed?
In the part where I list my residence for the past 5 years, I do show that I stayed in the US while I volunteered...so it would, in fact, correlate with my indicated employment.

Similarly, will they automatically frown upon me volunteering for 11 months in the US? I have a letter from HFH management to back me up, but I wasn't going to include it. I also went back to Canada over Christmas for 2 weeks during those 11 months - but once again, they wouldn't know that based on my I-130 or G-325a.

Is this something I should worry about?

Thanks

WantingMyHubby

Female

Canada

2008-03-04 14:25:00

I-130 Question - So Simple!!

Thanks a ton! As much as I read this site religiously, I'm sure I'll have many more questions...

Thanks again!!!!

WantingMyHubby

Female

Canada

2008-03-04 14:15:00

I-130 Question - So Simple!!

I'm sure this is a really stupid question, but I'm extremely paranoid!

On the I-130, question 15 - "Name and address of present employer" and then "Date this employment began", are they referring to the petitioner or beneficiary? I understand it to be directed towards the beneficiary, but am not sure.

Like I said, it's such an easy question, but I'm so nervous about everything...

Thanks

WantingMyHubby

Female

Canada

2008-03-04 13:59:00

Another issue. Here's a brief summary of my hubby's background:

He was born in California. His parents divorced when he was young. At 10, he moved to NC and was adopted by his then-stepdad. They issued him a new birth cert. w/the adopted name, but he decided AFTERWARDS to keep his birth father's name. To make a long story short, for 20 years he used his original birth certificate, which was technically not valid.

It's only a few months ago that he took action to amend it. The civil authority in Cali sent him confirmation that his request is being processed. Right now, he has his original birth certificate (correct last name, but birth father's name) AND his adopted birth certificate (incorrect last name, correct father's name). Neither of these are valid.

So hubs looked into contacting someone about his birth certificate. Apparently, the authority in California only takes mail-in requests. Due to overflow in incoming requests, they have stopped taking phone calls. If we need a letter from civil authority stating that his valid birth certificate isn't available, this could take FOREVER. We'd have to mail the request in and wait until they even acknowledge us.

Any suggestions? Does anyone have experience in obtaining this letter to replace a birth certificate? Keep in mind, he doesn't have a passport either (AGH!!)...helllllllllpppppp!!!!!!!!!!!!!!!!!!!

WantingMyHubby

Female

Canada

2008-03-07 08:23:00

QUOTE (Frustrated2NoEnd @ Feb 28 2008, 05:34 PM) <{POST_SNAPBACK}>

If your hubby is the USC, you can contact your local State Government Agency and order a Certified Copy of the Certificate - you didn't say in your post so I'm thinking he was born in the USA. Sometimes, you can pay a little extra and they will expedite the process for you. Otherwise, you would require the Affidavits. Personally, I would try to get as much information as I could - more is better I think.

Affidavits should always be Notarized and USCIS wants a Certified copy of your marriage certificate.

I believe (I'm just going from memory so you may want to confirm this), that most legal documents should be notorized/certified and that the instructions will tell you what is acceptable.

Good Luck!

Thanks for your advice...

Yep, he was born in the US. I guess he has to make some phone calls to see if he can get a certified copy expedited to him. It would save a lot of time if we just had the birth certificate!

In many instances, they never specify whether copies should be notarized or certified. I have never had to notarize or certify anything (from what I remember), so I don't know the cost - but if it won't cost an arm and a leg, I'll probably play it safe and notarize/certify everything I'm not sure about.

WantingMyHubby

Female

Canada

2008-02-28 17:48:00

QUOTE (YuAndDan @ Feb 28 2008, 05:19 PM) <{POST_SNAPBACK}>

Does he have a US Passport? If so, the attach a copy of the passport, copy all pages including cover.

Sigh...no, no passport! How inconvenient is that...

WantingMyHubby

Female

Canada

2008-02-28 17:22:00

Hey all..

Doing some prep work for the I-130. My hubby (I'm the beneficiary, he's the USC) is in the process of amending his birth certificate, therefore we can't provide it in the package. From the instructions, it states that we need to provide a letter from civil authority stating that his birth certificate isn't available at the time. Also, secondary evidence, including a church record, school record, census record, and affidavits sworn to or affirmed by two people who were living at the time and who have personal knowledge of the date and place of his birth.

Question - do we need ALL of those documents, or as many as possible?

Unrelated questions:

- For the affidavits (for his birth and for our marriage), should they be notarized?

- When they ask for copies of certain documents (marriage certificate, divorce decree, church record, school record, census record, etc...), do they need to be certified? Or do simple photocopies suffice?

Thanks

WantingMyHubby

Female

Canada

2008-02-28 17:17:00

QUOTE (Chris Parker @ Mar 6 2008, 01:12 PM) <{POST_SNAPBACK}>

QUOTE (WantingMyHubby @ Mar 6 2008, 07:07 AM) <{POST_SNAPBACK}>

So if I enter my US residence as August 2005 - July 2006 on the I-130, when will I get the chance to clarify that I re-entered Canada for 2 weeks within that period? Will they look me up in the system to see if there's an electronic record of that visit? Or would they just approve it (assuming everything else was okay) and deal with it at the interview?

If it were me, I'd put it in as two consecutive residence periods both in the U.S. (one for 08/05-12/05, and the other for 01/06-07/06). That way I could easily explain what it meant at the visa interview.

Unlawful presence doesn't matter for petition approval (in fact, they will approve the petition for someone who is clearly inadmissible for overstaying), but you will need to provide this information again on your visa application where it will be considered for overstay determination purposes and you probably want the information on your visa application to be consistent with the information on the approved petition sent to the consulate.

Thank you SO MUCH for the advice & info

...I think I'm clear on the issue (for the time being!). Time to tackle other problems...

WantingMyHubby

Female

Canada

2008-03-07 07:02:00

QUOTE (Chris Parker @ Mar 5 2008, 10:57 PM) <{POST_SNAPBACK}>

Sounds like almost no overstay to me. You were admitted for 180 days twice. As you returned as you told the inspectors you would do, you did not violate your admission.

Aug-Dec = 5 months < 6 months.
Jan-July= 6 months = 6 months.

Yeah, they have no evidence you were ever in U.S.A. in the first place, so they are just going to take your word for it (and you are going to sign the sworn statement DS-230 Part II in front of them to that effect). While you have no passport stamps, there could be electronic records of entries in the file.

QUOTE (WantingMyHubby @ Mar 5 2008, 07:54 PM) <{POST_SNAPBACK}>

Should I include that letter with my I-130 in case they question me residing in the US for 11 months? Also, would volunteering qualify as employment that needs to be listed? Thanks again!!!!

No, you should not include the letter. You can bring it to your visa interview next year if you like, but they probably will not care to see it. Also, I don't think the volunteer work qualifies as employment either.

Ahh, so when I returned to the US from Canada, that re-started the clock. That makes sense. Looks like it wouldn't have been the end of the world if I hadn't gone back for Christmas, but I'm really glad I did anyway.

So if I enter my US residence as August 2005 - July 2006 on the I-130, when will I get the chance to clarify that I re-entered Canada for 2 weeks within that period? Will they look me up in the system to see if there's an electronic record of that visit? Or would they just approve it (assuming everything else was okay) and deal with it at the interview?

Maybe I'm worrying too much, but I don't know how they view beneficiaries that have spent some time in the US.

Now that I think of it, I've never noticed whether they scanned my passport everytime I crossed...I wonder how that works - if they always scan passports to see if you're flagged, and then that automatically records your entry that day..

Hope my questions aren't too confusing. Again, I really appreciate your opinion!

WantingMyHubby

Female

Canada

2008-03-06 07:07:00

QUOTE (lucyrich @ Mar 5 2008, 03:46 PM) <{POST_SNAPBACK}>

Expect them to interpret the rules literally. They won't take into account that you didn't mean to overstay or had a genuine misunderstaning, nor will they take into account that you were working for a good organization. They really don't have a lot of leeway in interpreting the rules.

The rule is that, if you have accumulated between 180 days and a year of illegal presence, you're subject to the three year bar on admissibility. If you've accumulated more than a year of illegal presence, you're subject to a ten year bar. If you've accumulated less than 180 days of illegal presence, there is no bar on admissibility, and you shouldn't expect any problems getting a marriage-based visa, but you might have trouble entering as a visitor.

Illegal presence only starts accumulating after your authorized stay ends.

It sounds like, even in the worst case of the strictest possible interpretation, you don't have more than 180 days of illegal presence.

If I want to be nitpicky, I volunteered in the US from mid-August to early July (including my two week return to Canada), which totals less than 11 months. So my overstay would technically total less than 5 months (approximately 140 days). Even so, how can I prove that I overstayed less than 180 days? There are no stamps in my passport to indicate any of that. So do they just take my word for it? That would seem awfully generous of them!

Thanks again for all the info, it's nice to make SOME kind of sense of this!

** Ooh, I just remembered that I at LEAST have the letter from HFH stating my 11 month volunteer term. However, I can't prove to them that I returned to Canada right afterwards! Should I include that letter with my I-130 in case they question me residing in the US for 11 months? Also, would volunteering qualify as employment that needs to be listed? Thanks again!!!!

Edited by WantingMyHubby, 05 March 2008 - 07:58 PM.

WantingMyHubby

Female

Canada

2008-03-05 19:54:00

QUOTE (Chris Parker @ Mar 5 2008, 03:16 PM) <{POST_SNAPBACK}>

Dept. of state seems to indicate: "If you are a Canadian citizen, you do not require a visa to visit the United States for periods of less than 180 days." and they are usually not given a Form I-94 either.

Did you go back for Christmas like you said you would? If you returned home for Christmas, and the minimum admission for Canadians without visa visiting the U.S. is indeed 180 days, would there have been any overstay?

If it is 180 days and you stayed for 11 months, I don't think you have any visa problems because of this as long as there are no other overstays in your history.

Yep, I went back for two weeks over Christmas and New Years to be with my family - I remember it was really tough, because my hubby and I had just started dating and really didn't want to part over the holidays!! But as it turns out, I'm glad I went. It definitely helps this situation!

Thanks for all your input - it really worried me at first, but I feel quite a bit better knowing that despite the overstay, I should be fine!

WantingMyHubby

Female

Canada

2008-03-05 19:43:00

QUOTE (Chris Parker @ Mar 5 2008, 01:12 PM) <{POST_SNAPBACK}>

You will have to list all residences, places of employment, and places of education since age 16 when you apply for the immigrant visa, not just the last 5 years as is currently being requested by USCIS on Form G-325A for the petition filing.

How long were you admitted to the U.S. for? (how long do Canadians entering without a visa usually get admitted for? 90 days?)

If 90 days is the answer and you stayed 11 months, you overstayed more than 6 months and less than 1 year and have been subject to inadmissibility on that basis for 3 years since you departed (in 2006, right?) If so, to be totally cleared of the violation, you may have to delay interviewing for your immigrant visa until the 3 year anniversary of your departure (if filing the I-130 petition only now, you probably will not get to the visa interview stage before 2009 anyway).

If you were actually admitted for 6 months somehow, than having less than 6 months overstay is of no consequence to admissibility. Without a passport stamp proving your period of authorized admission and required departure date, however, the consular officer is going to have to assume the minimum period was granted, regardless of what you believe you were told. Even so, as long as your total stay was less than 1 year, only the 3-year inadmissibility will apply (if it totals, in full accrual, more than 1 year, then the inadmissibility is 10 years and you definitely don't want that!)

Holy overload of info I didn't know! lol

I didn't know that I have to list all residences, places of employment & places of education for the visa application, but I guess I'll get to that eventually!

From what I remember, the officer mentioned that I would have to re-enter Canada no later than 6 months from when I passed through. It's so strange, because he knew I was going for 11 months total! I said I would go back for Christmas and then re-enter the US for the remainder of my volunteer term, and he was fine with that. He was very friendly - I guess because he knew I was going to volunteer!

Soo...I'm not sure if your explanation of the overstay applies to me, although i) you seem to be VERY knowledgeable of how this all works, and ii) like you said, I may not have proof of what the officer said. I probably don't have proof, actually. All I know is that I told the complete truth and he didn't warn me of any kind of overstay.

Hhhmmmmmmm....I'm going to have to take what you said into consideration....thankssss...

QUOTE (eau_xplain @ Mar 5 2008, 01:24 PM) <{POST_SNAPBACK}>

OP, I suggest you post this question in the Canada forum too. Perhaps you can get more insight there regarding how long a stay are Canadians allowed per instance and per year.

That's a really good idea!! Will do.

WantingMyHubby

Female

Canada

2008-03-05 13:55:00

QUOTE (GabiandVi @ Mar 4 2008, 08:21 PM) <{POST_SNAPBACK}>

As you are Canadian and this dates back a few years, you may not have entered using your passport. If you did, you would have been given an I-94. As long as you didn't stay any longer than what it stated, you are okay.

I wish I could answer with authority, but it seems to me that as you didn't overstay intentionally and you weren't being paid, this situation should be forgiven. You were working with a reputable organization, and it seems the oversight would be theirs anyway. I would think this wouldn't be a big deal.

Thanks for that insight, it gives me some relief...I don't know much about I-94's, are those issued on the spot at POE's? I'm positive that I showed my passport, as I always use it to travel. Either way, I think it was definitely the organization that caused the officer to let me in without any issues.

I'm wondering if I should include the letter that HFH wrote for me, stating the duration of my volunteer work and the address where I resided. Am I sparking unnecessary attention, or would they appreciate that?

WantingMyHubby

Female

Canada

2008-03-04 20:42:00

Okay, something NEW is worrying me (does it ever end??)...

After getting my bachelor's degree in Canada, I decided to take some time off to do something meaningful. After some research/soul searching, I decided on volunteering with Habitat for Humanity in the US. Management there was obviously more than happy to offer me a full-time volunteer position with them - I was not paid, I supported myself. They offered me housing with other volunteers, where I paid only monthly utilities.

I volunteered with HFH for a total of 11 months. Within those 11 months, I went back to Canada for 2 weeks over Christmas (4 months in US, visit to Canada, 6 months in US, back to Canada for good).

When I was figuring out my plans, I thought that I could visit the US for 6 months in a CALENDAR year, not in any 12 month period. Little did I know that i) I misunderstood, and ii) I would fall in love with an American and have to deal with all of this again!

Now I'm scared that this will have consequences on the visa process, starting with the I-130, where I have to list my residences in the past 5 years. When they see that I stayed in the US for 11 months back in 2005-2006, will that cause a big problem? This is an important question I may end up asking a lawyer, but I wanted to see your opinions (because I've already learned so much from reading this site). I swear, I just wanted to donate my time and effort to HFH, I never intended on causing touble

Any input would be greatly appreciated!

** I should add that when I entered the US the first time, the POE let me through after a couple of mins of asking about the voluteering situation...no problems whatsoever, even though it was clear that I would be there for 11 months.

Edited by WantingMyHubby, 04 March 2008 - 06:44 PM.

WantingMyHubby

Female

Canada

2008-03-04 18:40:00

Yay! Approval Notice

Congrats!!!!

WantingMyHubby

Female

Canada

2008-03-07 07:33:00

will a spouse low income of tax hinder the process

QUOTE (lostGurl18 @ Mar 10 2008, 10:53 PM) <{POST_SNAPBACK}>

we just got finally finished sending the i864 and ds230 forms sent to the attorney. due to lack of financial support we have accomplised co-sponsors federal tax (2004-2007) employer letter, paystubs, etc.
sponsor - no single tax due to low income ; waited for ssa statement (no earnings ) too.

now the issue kicks in. will this be a problem my father who is my co-sponsor earns rough estimate of $50,000/year is this enough evidence

that i wont be a public charge to united states? any other options thanks again. wish me luck ill have my biopsy surgery done because of the big lump mass found on my left b*east.

scheduled on friday 03.14.08 will this be a hindrance too during medical need help and enlightment.

My thoughts and prayers are with you...when you need strength, think of the day you'll be with your hubby. Envisioning my reunion with my hubby has definitely gotten me through some rough times.

WantingMyHubby

Female

Canada

2008-03-10 23:32:00

DHS vs. Consulates/Embassies

I was told that the US consulates/embassies do not have access to the same database as DHS. For example, if a POE wrote general notes on a denial, isn't that for DHS purposes only? On the other hand, if they officially charge you with misrepresentation or any other violation, the consulate/embassy would see that off the bat and THEN you would have a problem...is that right??

I guess this worries me because when I was denied, I was completely clueless about the visa process. I was treated pretty badly by the supervisor, but I ended up speaking with the investigator/prosecutor and he said he believed I was telling the truth. He said he could tell that I was naive about the visa process and that I meant no harm...that I was just a woman in love!

My question is this - if you're at the interview and they see on the DS-230 that you were denied, exactly what information do they have access to BASED on that denial? Will they only see if you have violations/charges against you, or will they see every little detail entered by DHS?

WantingMyHubby

Female

Canada

2008-03-11 16:58:00

Quick question for ds 230

QUOTE (xichdu @ Mar 15 2008, 02:08 PM) <{POST_SNAPBACK}>

why the applicant has to sign ds 230 after she choose her husband for agent. Please let me know. Thank you.

I haven't filed anything yet, but as far as I understand, the DS-230 is the immigration visa application itself. Therefore, the beneficiary has to be the one to sign, not the USC. Doesn't matter who the agent is, it's the foreign spouse who is applying for an immigration visa.

WantingMyHubby

Female

Canada

2008-03-15 13:12:00

What is the difference between IR-1 and CR-1?

Many people in your situation continue to pursue both at this point - although I guess you'll have to see if your NOA2 for the I130 indicates that it is being forwarded to NVC or retained. If it is being retained and you do want to pursue the CR1 you will have to file the I824.

If your sole goal is to get your spouse to the U.S. as fast as possilble, K3 is still your best bet. Depending on if your interview will be in Vancouver or Montreal, the interview for K3 could be 2-4 months from now. After entering on K3 the average wait time for work authorization is about 3 months.

For the I130, the NVC processing may take 2 months, or much more (you never know). Then waiting time for Montreal for interview seems to be about 4 months. So that's looking at about 6 months from now if your I130 petition is actually forwarded to NVC immediately.

Hope this helps!

Thanks!! IT definitely helps, although I'm still not sure which way to go. I guess we'll wait to see if the I-130 has been retained or not....Like I mentioned before, I probably won't be moving to the US until June or July next year, however I am concerned about finding work sooner than later...so not sure which is better ....what would you do??

Okay, I almost couldn't believe this , but after my I-130 got approved
last night, I just rec'd an email that our I-129F has been approved today....!!!
WOW.

Soo should I go for the CR1 visa, and abandon the K3?
Are there any pros and cons to both?
Also, Do I have to send them a notice to abandon the K3?
Please advise with thanks!

tanszani

Female

Canada

2006-12-15 14:53:00

What is the difference between IR-1 and CR-1?

Okay, I almost couldn't believe this , but after my I-130 got approved
last night, I just rec'd an email that our I-129F has been approved today....!!!
WOW.

Soo should I go for the CR1 visa, and abandon the K3?
Are there any pros and cons to both?
Also, Do I have to send them a notice to abandon the K3?
Please advise with thanks!

tanszani

Female

Canada

2006-12-15 12:55:00

What is the difference between IR-1 and CR-1?

IR1 = Marrired more than 2 years at time of interview and gets 10 years greencard....

CR1 = Married less than 2 years at time of interview and gets a 2 year conditional Greencard.... conditions have to be removed before the expiration date of the Greencard approx. 1 year and 9 months from the date of issue... if approved at removal of conditions a 10 year Greencard is then issued...

Both a CR1 and a IR1 have the same rights as all Greencard holders...

Kez

Yes, I agree.

This has probably been asked many times - but, is it better to pursue the I-130 (CR1) Visa
rather than waiting for the K3 to be approved, and - do you have to be physically living in the USA to pursue the I-130(CR1) because I only plan on moving there in July 2007. My I-130 just got approved yesterday. Please offer any advice.

Thanks!

tanszani

Female

Canada

2006-12-15 10:33:00

CR1 Petition

I filed our I-130 with the CSC at the end of July 2005, got the NOA1 in early August and the NOA2 the 3rd of October 2005. Now, my husband and I are dealing with all the paperwork from the NVC. CR1s are moving much faster now than I was lead to believe when I sent out the I-130. We had intended to do a K3, but the NOA2 came so fast, we scrapped it.

Thank you so much, and this is exactly what I am seeing...a lot faster I130 processing time. I really only see a few that are taking a long time.

~Kiyah~

But there is some waiting time to forward the approved I-130 to the NVC with the I-824 request.....I'm still waiting
for receipt and transfer confirmation. Unless your I-130 has already been forwarded instead of retained like
mine was.

tanszani

Female

Canada

2007-01-11 10:32:00

Police certificate - Montreal

Any other Montrealer's out there who had to get a police certificate done?

Can you please advise roughly how long it took to get the report?

Thanks!

tanszani

Female

Canada

2007-03-07 14:09:00