ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS

Thanks for the reply guys..and yes I do live with my father and my mother..my dads income alone can suffice for support but I did mine as well and my dad as te co-sponsor..also my mother does not have any type of income..


Then it looks like, Interview officer wants I-864A from both your father and mother. Check with the Consulate and clarify.

Loto
LotofPatienceMaleIndia2010-08-27 22:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS

she got a "refusal letter" stating that they require an AOS from petitioners father-I-864 and mother-I-864a.


Based on above line, USCIS is thinking that your father is not living at your address, but your mother lives with you. Is that correct?

If the above line is correct, you included wrong form of your father's co-sponsorship.

I will be able to tell you more, but answer the first question, please.

Loto
LotofPatienceMaleIndia2010-08-27 21:57:00
IR-1 / CR-1 Spouse Visa Process & Proceduressending I-130 tomorrow
Good luck!

Prepare a cover letter to include all those content.

Loto
LotofPatienceMaleIndia2010-08-26 11:10:00
IR-1 / CR-1 Spouse Visa Process & Proceduresjust got married!

:help: My husband and I just got married in the Philippines and he's back to the US now. How can he start with processing the CR1? Will it help him get an attorney for the papers or we can do it ourselves? Thank you for you time. :help:


You can do it yourself. Follow this guide: http://www.visajourn...tent/i130guide1

Loto
LotofPatienceMaleIndia2010-08-28 11:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresExpedited Service?

uhm - you could try . it's been successful, before, but
IMO - is no guarantee - you'll have to convince an USCIS 'immigration specialist' that the expedite is warranted.


I second Darnell! You never know!

Loto
LotofPatienceMaleIndia2010-08-28 17:17:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMy wife need to sign G-325 ?
dare888, To speed things up, let her download G-325A form, fill and sign and send back to you.

Loto
LotofPatienceMaleIndia2010-08-28 17:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTAX Question Please Advise

Hey Loto,

Given that I will have to take a leave of absence before i go to Cuba, I need to get my finances straight.

Married Filing Seperately? I need to plan all my monthly payments while I am away. :) I am lost as to where to start. I didnt know she didnt have to be a US Citizen for me to claim myself married. Do you have a source guide or information where I can get started without askign a million questions on this Wonderful, Useful Board. :)?


Rumba,

You can file married filing jointly this year by filling W-7 with it to get her ITIN (Individual Tax Identification Number) along with her passport copy and all.

For W-7: http://www.irs.gov/pub/irs-pdf/fw7.pdf
For your satisfaction, fill out this IRS questionnaire and see: http://www.irs.gov/i...=219892,00.html

If your wife works in Cuba, you need to show her "foreign income" also when you do MFJ.

Loto

Edited by LotOfPatience, 28 August 2010 - 08:03 PM.

LotofPatienceMaleIndia2010-08-28 20:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTAX Question Please Advise

Hello Everyone,

I've yet to see this question on the forum.

Can the applicant claim their status as Married while the beneficiary (spouse) is still in the Cr-1 Visa application process? Or is it fraud?


Of course. If your status is married by the end of Dec 31, you can opt for 'Married Filing Jointly' or 'Married Filing Separately' for that fiscal IRS year. Physical presence of the spouse in the U.S is NOT needed.

MFJ is better for 'fat refund' and another evidence of 'bonafide' marriage in the IRS tax transcript.

Loto
LotofPatienceMaleIndia2010-08-28 19:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 vISA returned back to USCIS - For Further Investigaton ?

Thanks for your responses Loto,

My understanding of the document they gave my husband is that they did not say he does not qualify for the Visa. The woman who interviewed him said to him that she was not denying you the Visa but because he did not answer a few questions about me correctly, they have to return our case back to USCIS for further investigation. My Congresswoman made an inquiry about my case to the Cairo Embassy and in the letter they wrote to my Congresswoman does not say the Visa is denied
it states only that my husband did not answer a few questions correctly and so they sent the case back to USCIS for re-adjudication.

Now is these sort of cases, I've heard from some couples that stated USCIS ends up re-affirming their cases & the case gets returned back to the Embassy for a second interview. That they only want to see that the marriage is still ongoing and ask for new supporting evidence, which I have mailed them a nice size package of my last trip to Egypt this past April with my children. I made sure to attach new pictures, a few current chats, emails, and cell bills to show our daily phone calls.

Thank you for your advice.

Lizz&Mohamed


That's my gut feeling as well, Lizz. Based on NOT answering a few questions, they can NOT deny an immigrant visa. They can make life miserable by dragging it until they are "convinced" based on new evidences. Since you are providing all those, it should be sorted out, though it might take some time.

Key here is contact Congresswoman and follow up almost every week or two until it is resolved.

Good luck!
Loto


LotofPatienceMaleIndia2010-08-28 18:18:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 vISA returned back to USCIS - For Further Investigaton ?
This may be useful reading to you, if you have not read it.

http://travel.state....ities_1364.html

221g is ineligibility at this point of time.
212 Checked OTHER does not fit in any of those 10 classifications.

IMO, you will have to overcome this ineligibility. Talk to a good attorney and resolve it.

Loto
LotofPatienceMaleIndia2010-08-28 17:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 vISA returned back to USCIS - For Further Investigaton ?

Thank you for your response.

To answer your question, after the interview they gave him a document that included the 221g reason along with 212 reasons but none of those were checked off. The only item they checked off was the box "OTHER - Your Case is being returned to USCIS for further investigation. Please allow several weeks for your case to reach the US before requesting a status on it." The woman who interviewed him told him that she is not denying the visa but that because he did not answer some questions correctly it needed to be sent back to USCIS for further investigation. I wrote a once before about some 1 question my husband didn't know the answer to, 1 answered my birthday with the Egyptian format and not the US, & 1 question she alleged to have asked my husband but that to date, he swears was never asked of him...

Needless to say, I after this I immediately contact my congresswoman and they made an inquiry to the Cairo Embassy in a matter of days. Once the Embassy received the formal inquiry they alleged the file had left Egypt and was on it's way to USCIS California Service Center (THEY MOVED THE CASE THAT FASt) & send them a letter stating that my husband did not know enough about me and declared the questions he answered wrong. On April 13, 2010, USCIS mailed me a NOA acknowledging the receipt of our case for review. Since then, I am on the phone bi-monthly making inquiries on the status & because I sent them a package of new supporting evidence of my last trip to Egypt with my children in April 2010, along with emails and chat logs and cell bills showing our daily calls. Two weeks ago, I called & the 800 USCIS number, made a formal inquiry to the California Service Center to which I was given a Reference number to. The operator informed me that after this kind of inquiry the California Service Center has 30 days to respond back to me. It is my hope that by this time they re-affirm our case. If I don't hear anything back from USCIS, my Congresswoman's office is ready and standing by to make now an inquiry to USCIS regarding my case.

This is where my husband & I stand now.

Lizz&Mohamed


So, it is NOT denial.

Hope you could resolve it quickly!

Loto
LotofPatienceMaleIndia2010-08-28 17:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTax help - US citizen living abroad

Thanks guys your a great help to us less knowledgable folk :)


Before the year 1999, I didn't know U.S taxes.
After 1999 (after reaching the U.S), I started filing taxes myself and digging all the publications, forms and schedules one by one.

It is a gradual process and you can make it. Come on boykins2918!

Loto
LotofPatienceMaleIndia2010-08-28 20:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTax help - US citizen living abroad

suggest to file 1040X returns , showing any 'foreign taxes paid' and if he wants to 'include you on the returns' for 'married filing jointly' status, he should add in the IRS form W-7 , file all via paper to the special IRS W-7 address in Austin, TX.

There is 'exclusion amount' for each year, will need to consult the tax tables for that year, also -
he may not be taxed twice on income in Australia, depending on how his taxes were prepped, for that 'overage' amount (past the exclusion amount).

Taxes Is Fun ! (note to Loto - Ye Gods, why we know so much about this, la?)


Daaaaar, tax topic is one of my favorite interests!

I see your as well :star:

Loto

Edited by LotOfPatience, 28 August 2010 - 08:08 PM.

LotofPatienceMaleIndia2010-08-28 20:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTax help - US citizen living abroad

Hello,

My husband (Us Citizen) and I (Australian Citizen) are getting ready to file the I-130 in Sydney.

My husband has lived as a permanent resident in Australia for over 10 years and was under the impression that he didn't have to file any taxes when living abroad. He actually still doesn't believe me when I'm telling him all the info I found on the net regarding this.

What do we do now??? Will my visa get denied if he can't show that he has filed taxes for so long? How do we fix this?

Thanks in advance


There are certain exemptions NOT to file taxes such as lower than the threshold amount set by IRS. If your husband's earnings are above this amount, he HAS to file the taxes with IRS.

If he has to file the taxes, it would be a problem while submitting AOS with NVC.

If he has to file the taxes, better talk to IRS and make an arrangement to file all prior year taxes. That way, he will have clean image with NVC AOS review.

Having said this, if he owe money to IRS is another question. If he has properly paid Australian taxes in the last 10 years, he will get "foreign tax credit" with IRS. If he doesn't make more than $86K (I think $86K or $88K per year) per the "current year", he will owe zero dollars with IRS due to "foreign tax credit". But for prior years, this amount will be slightly less.

Please let me know if you need exact details.

Loto
LotofPatienceMaleIndia2010-08-28 19:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCheck cashed, but no NOA1

Hello,

Check has been cashed, but I didn't get NOA1, neither in the email or regular mail.

If check cashed, does it mean application has been accepted, and should I have received the
notice by now, at least in the email?



Thanks a lot!


Wait 1 week to get NOA1 by mail, after the check clearance. That's a positive sign of I-130 acceptance.

Loto
LotofPatienceMaleIndia2010-08-28 19:47:00
IR-1 / CR-1 Spouse Visa Process & Proceduressworn affidavit from friends

Can someone post a copy of the Sworn Affidavit from friends. My computer crashed again, barely got it running. I can not view or download any of the forms on here. I believe it is time for a new computer. thanks,,,,,Bob..


Here you go, Bob.

http://www.visajourn...x.php/Affidavit

Loto
LotofPatienceMaleIndia2010-08-28 22:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS-230 application

I listed the most recent two visits first, on the third line I typed "SEE ATTACHED SHEET FOR ADDITIONAL INFORMATION" then put all of the additional dates on those sheets. Good luck.


:thumbs:

OP, I think it Q#35, may be a typo :star:

Loto
LotofPatienceMaleIndia2010-08-28 10:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview Questions - Previous Marriage

Thanks LOTO for sharing this. This info about your family first interview, got me worried though. Did everything not go well in the first interview that she has to go through second one. Please share if you can as I think your case is very similar to mine. What issues can I expect at interview in reagards to previous marriage & children mine or hers.

As far as previous marriage related questions you alreay mentioned that they had informal questions not very strict ones.

Thanks & Best Regards,


uscitizeninca, You don't have to worry about anything. Interview will be very smooth and respond very honestly.

In my case, my wife (current) didn't have any issues at interview. She got her green card and came here in the U.S, lived with me over a year. Since she wanted to do some higher studies, she left the U.S and we didn't take the re-entry permit. Now she is ready to come back to the U.S to live with me. Since her old GC was surrendered, we have to re-start all this entire process again. That's all.

Loto
LotofPatienceMaleIndia2010-08-28 13:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview Questions - Previous Marriage

Hi,

I was previously married & have children from that marriage. My wife was also previusly married & have a child who now is my step daughter. All this correct information is in the immigrations forms. I have applied for both my wife & step daughter & their interview is next month at the ISLAMABAD consulate in Pakistan. LOTO previosly provided a very good list of questions. I was now trying to think of questions that they might ask about previous marriages & children on both sides. Please share what questions are expected.

I can think of some common ones like their names, when marriages happened? Anyone with such experience or knowledge please advice.

Thanks & Best Regards,


I was also previously married and have one son in my previous marriage. When my current wife went to the interview last time, there was a casual chat by CO to her, just about my son.

What is his name?
Where is he now right now?
And how old he is?

Loto
LotofPatienceMaleIndia2010-08-28 11:39:00
IR-1 / CR-1 Spouse Visa Process & Procedureswhat is a "Case Barcode Strip" on form DS3032? and where can i find it?

man I've been waiting almost 2 years and i finally got an approval for my wife, thank god.


Congratulations!

Loto
LotofPatienceMaleIndia2010-08-29 09:05:00
IR-1 / CR-1 Spouse Visa Process & Procedureswhat is a "Case Barcode Strip" on form DS3032? and where can i find it?

you dont need it. You can just have the beneficiary e-mail it from their account using this template: http://www.visajourn...il_DS-3032_form
Or if you really want to barcode it and send it physically (and slow down the process since it needs to be filled out by the beneficiary) use this: http://www.visajourn...de_instructions


if you havent already done so, call the NVC and give them your guy's e-mail addresses.


I see you have been waiting for a long time...did you finally get an approval since you are asking about this?



:thumbs:
LotofPatienceMaleIndia2010-08-28 10:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-485 and I-130 Help

I've read through the form directions. Which one is correct?

Here is my situation:

1. My wife and her son(16 years old)is from a "Visa Waiver Programed" country(Sweden).
2. I"m an American Citzen, born here.
3. We were married here shortly after she arrived, within the 90 days of her visit.
4. She is still here and she has not stayed beyond her 90 days.

My Question.

Do I file two K-485 forms for her and her son? Or just one? And on the Green Card page for American Citizens applying for Adjustment status, it seems like I have to file the I-130 at the same time?

Anyone dealing with this or know what is required? We would like to file for an adjustment status and have her stay here during the visa process.

Please respond if you know or where to find the answer. I thought of calling the 1-800 number and hopefully they can offer some help.


Contact an "expert immigration attorney" before proceeding further.

Loto
LotofPatienceMaleIndia2010-08-29 09:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMay filers & changed our dress too & help

As far as I know people who filed in March/April are getting their NOA2 now. So you will probably have to wait a little bit longer. Good luck!



:thumbs:
LotofPatienceMaleIndia2010-08-28 10:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMay filers & changed our dress too & help
Funny title :lol:
LotofPatienceMaleIndia2010-08-27 13:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMay filers & changed our dress too & help

hey


we sent our 1-130 in may 12 we got our NOA1 in may 22
changed our address in August 25
will that make our NOA2 be late

and still wait for NOA2


Did any one of may filer get NOA2 ?

please let me know



Notify the USCIS about petitioner's change of address.

Loto
LotofPatienceMaleIndia2010-08-27 13:16:00
IR-1 / CR-1 Spouse Visa Process & Proceduresmean-tested public benefits

Hope this helps you:

http://travel.state....s_Tested_Public


Means Tested Public Benefits
Federal means tested public benefits are the following:

•Food stamps
•Supplemental Security Income (SSI)
•Medicaid
•Temporary Assistance for Needy Families (TANF)
•State Child Health Insurance Program (CHIP)


:thumbs:
LotofPatienceMaleIndia2010-08-29 12:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHelp!! NVC question

Thanks for the link Loto. I'll review it!


http://www.visajourn...he_NVC_ShortCut
LotofPatienceMaleIndia2010-08-29 12:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHelp!! NVC question

Well... I don't trust my lawyer. I really don't know guys. Our case was stuck in USCIS for 2 1/2 years and after we hire the lawyer they finally sent the case to NVC. I supposed he did something but He also asked for more money and I did't like that.


Lawyers are good if one doesn't know the process or if one has extreme complex cases.

Loto
LotofPatienceMaleIndia2010-08-29 12:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHelp!! NVC question

Hi everyone! I have a question. Is it true that using a lawyer delays the NVC process? Have you a used a lawyer for your papers?

This is very important, cause We're been waiting for almost 3 years and now that the file reached the NVC we don't want more delay.

Thanks


Most of the lawyers are 'reactive'. And they will prefer paper method to respond. It would take many months to complete NVC.

But, if you are 'proactive' with latest emailing method for DS-3032 and online payment for AOS review and IV fee method, you can get out of NVC in one month. If NVC is clogged, 1 to 2 months at the most.

Follow LingChe shortcut for NVC.

Loto
LotofPatienceMaleIndia2010-08-29 12:35:00
IR-1 / CR-1 Spouse Visa Process & Procedureshaving my teenage children write sworn statements?

I have 2 children 14 and 11 and wanted some opinions on what everyone thinks about having them write statements about my relationship with their step father as part of my proof of relationship.

I am referring to this:
5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage);

WOuld this be a good idea?


You may make affidavits. But I am not sure the min. age of the deponent who makes the sworn affidavit. It would be a good idea to prepare the sworn affidavit by somebody who are major.

Loto
LotofPatienceMaleIndia2010-08-28 20:39:00
IR-1 / CR-1 Spouse Visa Process & Proceduresi-130 NOA1 receipt number on check?

Yes I did send G-1145 with i-130 together. Somehow they cleared the check,
but didn't send NOA1.


Check your regular email inbox and 'spam' folder as well if your have any mail from Chicago Lockbox.

Loto
LotofPatienceMaleIndia2010-08-29 16:02:00
IR-1 / CR-1 Spouse Visa Process & Proceduresi-130 NOA1 receipt number on check?

I don't see EAC or WAC - EAC, unfortunately that means no receipt number for me :unsure:

Thanks a lot for your help!!!


Did you send the completed G-1145 with I-130 petition?

Loto
LotofPatienceMaleIndia2010-08-29 15:46:00
IR-1 / CR-1 Spouse Visa Process & Proceduresi-130 NOA1 receipt number on check?

Hi guys,

I heard that you can find your case number on the cashed check. Is
it true? I see on mine it says something like i-130 and some numbers.

Thanks a lot!!


Some people saw their Receipt# on the back side of the cleared check. But, I didn't see mine. If you see it (starting with EAC or WAC - EAC if your I-130 forwarded to Vermont, WAC for California), enter it in USCIS website and check the status.

Loto
LotofPatienceMaleIndia2010-08-29 15:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCase number assigned. Now what????
Congratulations! Have a read through this information, it should help explain the NVC process. Good luck!

NVC Shortcuts
NVC Processing
OBXFemaleCanada2010-08-25 19:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion about dating photos

I think I'm going to do it this way. I realized today that if I date the photos for the 9th, they'll overlap with the dates on the hotel receipt from our honeymoon. Best to just be honest!

Thanks!



:thumbs: Always!!
OBXFemaleCanada2010-08-25 08:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion about dating photos

Hello

You can include a note with the pictures stating that even though the marriage ceremony ( Party ) occurred in the 8th of august, the marriage

certificate was issued and dated the next day which is the 9th, that way you are safe if you labeled the pictures with the 8th of

August. and you fill in the i-130 application with the date on the marriage certificate.

Good luck


:thumbs: I would agree, that way everything corresponds to what actually happened.
OBXFemaleCanada2010-08-24 08:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 - Part C, item 17

Thanks everyone for this discussion. I am the petitioner.



Keep us updated on what you decide to do and how it all works out. :)
OBXFemaleCanada2010-08-26 09:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 - Part C, item 17

Okay, if I am understanding everything correctly myself, fellow VJers please correct me if I am wrong...The only person(s) you need to list on the form are the Petitioner (you-because you are now the beneficiary's relative) and any children of the Beneficiary (your current wife) and/or children you may have had together.

Even though your child lives with your Ex in Russia, he/she would still be considered your current wife's stepchild, but that child would not be listed on the form since the natural mother is someone else (your Ex).



:thumbs: That is the way I interpreted it as well, as far as the children go.

Although when I filled in the I-130 I DID NOT list my husband (the petitioner) as I figured it would be obvious and redundant. We had no issues at all.

Edited by OBX, 25 August 2010 - 12:44 PM.

OBXFemaleCanada2010-08-25 12:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 - Part C, item 17

My own kid lives with her mother in Russia. I may petition her sometime in future, maybe in 8-10 years. This is where my confusion comes. I'd like to have it cleared as I'm afraid it might have consequences on my ability to petition her in future.



I'm not sure how you think might may impact any future petition? :unsure:
OBXFemaleCanada2010-08-25 09:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 - Part C, item 17

Thank you for all the answers. I don't think I have it clear though.

If my own kid was living with me and I had the custody, then she would have been considered my wife's stepchild and I would have to list my kid in the I-130 (children of your relative).

But my kid does not live with me and I don't have the custody. My ex-wife has the full custody. Does this still creates any step-child/step-parent relationship between my kid and my wife? If it does, then I have to list my kid. If it does not, then I don't list my kid.

Sorry for trying to make it perfectly clear.

Thanks!



When we filled in our I-130 I (the beneficiary) did list my biological children (even though they were older, in university and not moving with me.) I did not list my husband's (the petitioner and USC) son who is a USC.
Not sure if that helps or makes things more confusing for you. Good luck!
OBXFemaleCanada2010-08-25 09:01:00