ForumTitleContentMemberSexCountryDate/Time
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
IR-1 / CR-1 Spouse Visa Process & ProceduresSIGN IN FAILED
Congratulations!

Your interview date will depend on how busy your particular consulate is. Perhaps someone with specific information for your location will have more information as to wait times. Good luck!
OBXFemaleCanada2010-08-26 09:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresYEEEEEEEEEEEEEEEEEE!!!!!!!!!!!!!!!!!!!!!!!
Congratulations! What a wonderful anniversary gift. :dance:
OBXFemaleCanada2010-08-26 09:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNoA1 Finally

:star: :star: :star: This NOA1 is special because Rumba waited a long after initial submission, USCIS Error, correction, re-submission and painful wait :star: :star: :star:

Loto



Extra special congratulations then. :D

YAY you are on your way!
OBXFemaleCanada2010-08-25 19:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNoA1 Finally
Every step forward is cause for celebration! Congratulations. :dance:
OBXFemaleCanada2010-08-25 16:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWho makes the decision on IR1 or CR1?

That's correct. You need to provide the proof (marriage certificate) to the POE officer and request for IR1. If you don't do it, they may or may not update the system properly and may or may not end up with CR1 plastic card. Then it will be another pain to contact USCIS to change it.

Be proactive than reactive!

Loto


:thumbs:
OBXFemaleCanada2010-08-27 21:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan I Process my Choice of Agent and Address Form Online?

Hi all,

I am petitioning for my wife and the case is currently with NVC. I just paid the AOS fee and am wondering if my wife can send the Choice of Agent and Address Form online. Also, when can i pay the IV fee?

Thanks all.



DS-3032 can be submitted via email to NVC. Once that is accepted the IV fee should follow. Good luck!

NVC Flowchart
DS-3032 email template

Edited by OBX, 28 August 2010 - 07:11 AM.

OBXFemaleCanada2010-08-28 07:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresLast name on I130 application

Yes, you can write her new name even though her documents are in her old name. I did that and had no issues

Good luck



:thumbs:

I did the same. While waiting for my NOA2 I had plenty of time to change my passport and all of my other supporting documents. Good luck!
OBXFemaleCanada2010-08-28 07:13:00
IR-1 / CR-1 Spouse Visa Process & Proceduresgot my interview date!!!!
That was super fast after case completion. Good luck guys!
OBXFemaleCanada2010-08-15 10:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS-230 application

My fiance and I are filling out the DS-230 form, and I have a question on #25. My fiance from Japan has been to the US many times going back to her childhood. There isn't near enough room on the form to fill in her information, so I've made a spreadsheet of all of her visits.

My question is, does it matter what order the visits are listed? Do I need to start with the most current visits and work my way backwards or vice versa? Or does it matter either way?

cheers,
Jonathan


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.
OBXFemaleCanada2010-08-28 07:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan I visit USA while I-130 is pending?

So, OBX, you think I should just mention that I'm visiting my husband? And if they ask further, then I should mention I have an I-130 pending? I would be willing to wait a bit for the NOA1 if it would increase my chances of getting to the USA successfully. Did you visit while your I-130 was pending?




It is very difficult to know how the border official will respond. I would follow their lead but always be truthful. I did not travel to the US at all during the process. I owned my own home(so no lease), my workplace did not know about my intent to eventually move (so no employment letter), my children were older (so no real need to return due to childcare). As a result I decided not to risk being turned away. You might want to post this question in the Canada forum. I know many filers did visit throughout the process and they might be able to help you a bit more.
Here is one thread that discusses it:Ties to Canada

Good luck with whatever you decide.

Edited by OBX, 18 August 2010 - 05:06 PM.

OBXFemaleCanada2010-08-18 17:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 had sent without Tax transcrip

Hi. I have sent I-864 AOS to the NVC without my last year Tax transcript, because I have filed Tax amended of 2009. I called IRS to request a copy of Transcript, they said since I have filed 4 weeks ago, it will take 12-16 weeks to processe the Tax ammended file. I have include my recent pay check( Last 3 months), employment letter including my wages. But I have also added my future child in the I-864 AOS, I am expecting child on next month.(septmeber 20, 2010 ), I also gave a copy of Ultrasonography, test report and letter from Doctor which stated that My wife is pregnant and due on Sept. 20, 2010. Is anybody in similiar situation? I haven't receive any IV FEE yet.

I would greatly appreciate of you put some thoughts on it.


B..B


When you didn't send 2009 tax transcript, did you include 2009 W2/1099 and 1040 and 1040X as a substitute?

Loto
LotofPatienceMaleIndia2010-08-19 17:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisa case under review by the consulate
It looks like a complex situation for you. I am sorry to hear this. You should immediately consult an attorney now.

Here is my basic ground work and it is purely based on my opinion.

http://www.state.gov...ation/81807.pdf

Check out Q# 40 Item a. "If an alien is drug abuser or addict are ineligible to receive a visa".

So, I strongly recommend you to meet with an expert attorney, if your beneficiary can overcome this, based on the drug use was long time (10 years) back.

Loto
LotofPatienceMaleIndia2010-08-19 23:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS 230 Submission Requirements

A friend of mine called last night, that the NVC did not have an original divorce document, and for him to send one. He had sent an original and 2 copies with the DS 230. So now he has to wait to receive another original from his wife....... :blink:


How many originals NVC needed??? As per instructions, only 1 original and 1 photocopy is enough. These people are crazy :devil:

Loto
LotofPatienceMaleIndia2010-08-19 17:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPetitioner working remotely

Just remember - he's a 'beneficiary', not a 'petitioner'. You, the USC Spouse, are the petitioner.


Darnell,

Initially I also confused with the subject line "Petitioner remotely working". Isn't it "Beneficiary remotely working"?

Loto
LotofPatienceMaleIndia2010-08-19 23:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPetitioner working remotely
Sam,

What's your stage in the GC process?

If you are not yet in NVC stage and your (sponsor) income alone does not meet poverty guidelines, please read below:
You can declare your husband's (beneficiary) income in your AOS, because you have proof that his income will still continue even after the migration to the U.S.

Loto
LotofPatienceMaleIndia2010-08-19 21:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPetitioner working remotely

Hi there,

I don't know if this really is the right place to ask this, but what the hey. My Canadian husband may soon be accepting a job here in Canada which will allow him to work remotely. What we were both wondering is whether he can keep this job after my husband obtains his green card and we move to the States. Obviously, he will still be working for a Canadian company and being paid in Canadian dollars, but we will be residing in the U.S. He will be looking for work in the States after we move there, but he was hoping to keep the remote job until then. Does anyone actually know if this allowed?
Thanks in advance,

- Sam


Sam,

What's the problem if he is physically in the U.S after getting GC? So, he maintains his GC status. Regarding income, it is IRS matter. He will have to file taxes in the U.S and declare Candian income as his foreign income. He may need to file taxes over there as well (check it out). IMO, ask his employer to send the paystubs to his U.S address, after he moves to the U.S.

Loto
LotofPatienceMaleIndia2010-08-19 21:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresChange of Address during interview for CR-1

is it right? someone told me that I have to tell NVC about change of address.....need more comments!!!!!!


Of course, you can notify NVC as well.

Loto
LotofPatienceMaleIndia2010-08-20 12:30:00
IR-1 / CR-1 Spouse Visa Process & ProceduresChange of Address during interview for CR-1

I change my current address recently. so after the interview, do I have to tell them about my new address so that they will return passport on my current location? or is there any other way to tackle this situation?


Assuming you are the beneficiary, yes, during your interview you need to inform your current address to the Consulate.

Loto
LotofPatienceMaleIndia2010-08-20 11:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNeed help
Please see inline response.

Loto

Hello everyone,

I recently send my I-864 documents to national visa center. I receieved an email from them saying they received my documets and received all requried fee payments. now they want us to fill the form DS-230 and i assume its for police clearance certificate. I need some help with the following questions:

1)what are the documents i need to send with the form DS-230?
(Check Darnell's above link and this link: http://www.visajourney.com/wiki/index.php/How_to_bring_your_foreign_spouse_to_live_in_the_US)

2)My husband lives in india (mumbai) from where does he need to get the police clearence certificate? and what are the documents he need to take with him?
(He needs PCC from local police station and from Passport Office)

3)how long does it take to get the police clearence certificate? and what are the fees for the police clearence certificate?
(Fee is very minimal, may be Rs.300 or so. Mumbai guys here will answer the time taken and exact fee)

4)After the process of DS-230 what is the next step? I mean what form do we need?
(Please refer the above link)

5)Lastly, I want to know what is packet 2 and 3 as everyone is talking about this on the forum? do i have to send this packet in the future?
(Forget about those nomenclature. Follow the above link)


LotofPatienceMaleIndia2010-08-20 14:30:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFile in the US or UK

To the USCIS....where? Which office?


http://www.uscis.gov...Guides/F2en.pdf

Contact# http://www.uscis.gov...00045f3d6a1RCRD

Loto
LotofPatienceMaleIndia2010-08-20 10:22:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFile in the US or UK

Wow, that would be great....may I ask what you are basing this knowledge on though? My husband always questions everything so I want to be able to tell him :) Thank you so much for your help!


Check out Igor's list here: http://www.visajourn...tion=1&sortby=2

It is a mix of USCIS (filed in the U.S) and Consular Post (DCF). You can browse through it.

Darnell, Do you have separate timeline list only for DCF filers in U.K?

Loto
LotofPatienceMaleIndia2010-08-20 10:18:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFile in the US or UK

I get the concept that filing abroad is faster, but THAT MUCH faster?


Yes it is, plus add a coefficient factor of few weeks to a month.

Loto
LotofPatienceMaleIndia2010-08-20 10:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFile in the US or UK
Well, see my inline response.

Loto

Well I guess than we HAVE TO file in the US since my husband doesn't qualify for DCF. (Currently your husband is not qualified for DCF)
Where should we file though? (Everybody sends to Chicago Lockbox and they will route it to the appropriate center)
To the Center that's responsible for SD (that's where he currently lives) or for NC (where his permanent address is)?.
And why does he HAVE TO be in the US in order for us to file it? (He may or may not be in the U.S., When you are at NVC stage, somebody needs to be responsible for all communications, that's all)
That's the part I don't understand. If he's allowed to legally reside in the UK (for a limited time), shouldn't he be able to file from there as well? I mean he is coming to the UK so that we don't have to be apart for long again, shouldn't that be the desirable way? (He can be in U.K with you)

I understand the employment problem with the I-864, but we have assets and already have a joint sponsor, as my husband is probably not going to be able to meet the requirements (he probably won't be employed by the time we file and if he does, it will be in the UK). (Then no problem in I-864)

That brings me to my next worry, we will have to file for change of address when he moves correct? (Yes)
Where do we send it to? (To USCIS, contact them after submitting I-130)
I've read the instructions on the I-865 "Sponsor's Notice of Change of Address" but it only offers you the 4 USCIS Service Centers in the US, depending on what US state you move to.... (I-865 is needed for change of address, after I-864 execution)


LotofPatienceMaleIndia2010-08-20 09:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFile in the US or UK

Darnell, what are you basing these times on? the 6 months waiting for becoming eligible aside, that would mean the whole filing abroad process takes only 3 months???


Yes, filing abroad (DCF) is faster if your husband meets the residence abroad (at least 6 months).

Loto
LotofPatienceMaleIndia2010-08-20 09:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFile in the US or UK

Thank you but I am still confused. Because the thing is that the DCF form states that we can only file the I-130 in the UK if my husband (the US citizen) has lived there for at least 6 months. But for the purpose of saving time we want to file as soon as possible (while he is still in the US). But he will move to the UK soon after that and we do not want to sit around there for 6 months before we start filing. My husband will be in the UK on an EEA Family member visa and will join me in the UK for the whole 9 months that I will be there. Is there such a thing as "intent" that they would accept? We've reached a point where we are just completely overwhelmed and can't even find a point to start.


As per your statement, you are married and not qualified for DCF, then only option is IR1/CR1. This has to be filed with the USCIS here. I don't think this can be transferred to UK. To follow up your I-130 petition, NVC process, somebody (preferably your husband) has to be in the U.S. Also, as part of NVC process, there is an Affidavit of Support (I-864) where there must be min. income requirement to overcome the poverty guidelines to sponsor you.

Loto
LotofPatienceMaleIndia2010-08-19 20:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFile in the US or UK
Guide here: http://www.visajourn.../content/guides

Loto


LotofPatienceMaleIndia2010-08-19 18:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresGetting out of Dodge

A ton of clasifications are listed. And I have 0 idea what they mean. I assume how long the documents are vaid or visas. But then again i am confused.


Rumba,

Those are mostly non-immigrant visa classifications and not CR1 in your case. You are applying for immigrant visa CR1 (Conditional Resident 1st) since your marriage is less than 2 years. If the marrige is more than 2 years, it would have been IR1 (Immediate Relative 1st). CR1 visa will expire after 2 years of your wife's POE. Within 90 days of this expiry date, you need to renew CR1 to IR1 by completing I-751 form.

All the above documents are valid forever except PCC. Check with your Consulate how long it is valid between issue date and interview date. Normally, it is 1 year for most consulates, 6 months for some and even I heard 3 months for one.

Loto
LotofPatienceMaleIndia2010-08-20 16:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresGetting out of Dodge
TeyaValentina, No corrections, well said!

Rumba, you can leave now (no need to wait for NOA1), enjoy with your wife, then come back when you hear NOA2 (as of now, 4 to 6 months wait). Sad to hear why this USCIS is so slow to even send NOA1.

Loto


LotofPatienceMaleIndia2010-08-20 15:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresGetting out of Dodge
Rumba,
You can have nice time with your wife until NOA2 comes. I am getting older while sitting here without wife & daughter and this 'ugly' waiting stress :star:

Enjoy every moment with her!

BTW, Did you get your NOA1, clear the check?

Loto
LotofPatienceMaleIndia2010-08-20 14:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNVC question: W-2s for every job?

Thanks for the reply. I've got those for the last 3 years. Just wondering if I need W-2s as well. Regards


If you have tax transcripts, you can completely skip for W2/1099 and 1040 forms.

Nevertheless, please include the latest employment letter and last 6 months paystubs when you submit AOS packet to NVC.

Loto
LotofPatienceMaleIndia2010-08-20 20:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNVC question: W-2s for every job?

Hello. Do I need W-2s for every job to send to NVC? Just the ones listed on my forms? Or just the ones I have.... thanks for any help, regards.


Heavyweight is last 3 years IRS tax transcripts. It is free to get them and if you order, it will arrive by mail in 2 weeks.

Call the IRS# at 1-800-829-1040

Loto
LotofPatienceMaleIndia2010-08-20 20:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR2 I-864

I have a question I will be filing the I-130 for our daughter in late October if by chance I need to do the I-864 in ealy 2010 before I do my 2010 tax returns will I have to show the 2008 2009 tax returns or just wait until I file 2010


April 15,2011 is cut-off date that most probably NVC considers during AOS review, IMO.

So, if your AOS review is before this date, 2007, 2008 and 2009 tax transcripts, employment letter, 2010 final paystub that shows YTD amount and 2011 paystubs would be sufficient. But, AOS review happens after cut-off date, they might ask 2010 tax transcript and/or W2/1099 with 1040 as an RFE.

Hope this helps out!
Loto
LotofPatienceMaleIndia2010-08-20 15:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAddress in Indian Passport
That's not a problem.

Loto
LotofPatienceMaleIndia2010-08-21 18:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCase Complete-Intervew Date?
Wait for couple of weeks.

Loto
LotofPatienceMaleIndia2010-08-21 18:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisa in Hand !!
Congratulations my friend! I am eager to listen to the interview experience since my beneficiary's is also at the same Consulate.

Loto
LotofPatienceMaleIndia2010-08-20 10:11:00
IR-1 / CR-1 Spouse Visa Process & Procedureshow do they do it? No job yet bring wife or fiancee to america.

I think there are a lot of people like me too.


Magdasal, I am also an independent software consultant like you. Rate is not at all bad for me :star: "Bad thing" is never been idle for the entire life in the U.S for the last 11 years. I envy you for your long vacations.

Loto
LotofPatienceMaleIndia2010-08-22 08:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130/I-129F APPROVED...

Aw, don't say that!! Do you think it will actually take that long?? :unsure:


Just being little conservative, Milena :star:

Loto
LotofPatienceMaleIndia2010-08-22 08:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130/I-129F APPROVED...

Loto, I forgot to ask you - I saw you got touched a few times recently.. Any news??? :unsure:


Milena, Those seem to be initial 'tickling' (:star: ) when the NOA1 sent out. So far, I was tickled 4 times :star: I am in a very early stage with the priority date of 7/21/2010 and just 1 month only passed. I have to wait another 3 to 5 more months for NOA2. Before my NOA2 reaches, you and your hubby will have another honeymoon in the U.S. I am really happy for you!

CanadianRedNeck, Touch is basically 'Last Update Date' of your case. If you have created an a/c with USCIS website with your Receipt#, you can see it.

Loto
LotofPatienceMaleIndia2010-08-21 18:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130/I-129F APPROVED...

Thank you! :) Im still trying to put all the info about NVC processing in order - it's a big mess! :D But if they don't move fast - Imma be sending them ninjas!!! :diablo: :ph34r: :ph34r: :ph34r: Hahahahaha!


Milena,

Did you get IIN from NVC?

Loto
LotofPatienceMaleIndia2010-08-21 10:46:00