ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresHow to get USCIS to touch my application....?

I did-- but there are so many of them! i joined the one for AOS based on concurrent I-130 filing (spouse) from tourist/ work visa in the USA. I think that is the right one for me... :blink:


Ok, thanks!
LotofPatienceMaleIndia2010-08-17 12:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow to get USCIS to touch my application....?

I am applying for AOS from within the US, through marriage to a USC. I totally feel the same way, it's very hard waiting with no response whatsoever. I called USCIS yesterday though and they said approvals can happen without anyone ever "touching" your file, and not to worry about the date status online. Not very helpful...


leash5, can you please join in July filers thread in VJ?

Loto
LotofPatienceMaleIndia2010-08-17 12:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow to get USCIS to touch my application....?

My fiance changed his address last week (August 10th) and we don't have any 'touches' - it just shows 'Initial Review'. I'm obsessed and check it several times throughout the day. Not that I'm raring to go or anything!


Sometimes updates in the USCIS website is not reliable.

Loto
LotofPatienceMaleIndia2010-08-17 11:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow to get USCIS to touch my application....?

But anyone involved in criminal activities isn't going to bother following the legal process of immigration. And you'd be surprised what some pets get up to.



:lol: :lol: :lol:
LotofPatienceMaleIndia2010-08-16 15:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow to get USCIS to touch my application....?

It's so easy to bring a pet into the country, why is a person so hard?


Pets do not involve in criminal activites and pet queue is less compared to humans :-)

Loto
LotofPatienceMaleIndia2010-08-16 14:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow to get USCIS to touch my application....?

Sucks


Yes, I know. Fee is going up everytime, but the cases do not have any improvement :devil:

Loto
LotofPatienceMaleIndia2010-08-16 14:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow to get USCIS to touch my application....?

But is there any way to get USCIS to look at my application? Why does it take 5 months...


You can start calling USCIS once it crosses 6 months.

Loto
LotofPatienceMaleIndia2010-08-16 13:22:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow to get USCIS to touch my application....?

Is there any way to get USCIS to 'touch' my application? Or do I just have to check their website for the next 6 months?



Check the 'Last Update Date' which is touch and automatically done.

Loto
LotofPatienceMaleIndia2010-08-16 12:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI want my wife to work legally

I am a U.S. Citizen who got married back in November to a very cool and beautiful woman from Jamaica. I want to add her to my income tax return and I want her to work legally cause she wants to help me out since I work so hard every day. If anyone could help I would appreciate it. Thanks.


If you have not filed your 2009 taxes, you can do MFJ with W7 completed for her ITIN. If you have already filed 2009 return, amend it.

Remember, by law, you have to show her foreign income if you do MFJ.

Loto
LotofPatienceMaleIndia2010-08-17 12:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 Visa Requirements

He would need to have the difference of his income and the poverty level income times 5. So lets say the poverty level says he needs to be making $24,000 a year and his last year returns said he only made $22,000. The difference of $2000 he would need to have at least $10,000 in his account to satisfy immigrations requirements. I hope this paints a better picture for you.


That's for general category. If the petitioner is USC, it is 3 times (not 5 times).

Loto
LotofPatienceMaleIndia2010-08-17 10:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 Visa Requirements

Good day to all.
about two (2) months ago i was desperately seeking co sponsor...now my search is over...what a relief for me..i eventually got one of my cousin to be my co sponsor...she already sign and submit the required documents to my husband attorney which will then be sent to the NVC later on once my attorney gets all the required documents and paperwork...along with my husband payment to the NVC...now am just waiting on my husband do his part.my question is now that i eventually have a co sponsor who makes way more over the poverty level ...does my husband still need to prove Immigrations that he's financially stable?because my aunt from Canada told me that my husband will need money in his bank account...like over $2000USD to show to immigration that he can support me...is any of this true?despite having a co sponsor he now has a new job that he started working last month..but he hasn't save anything from it yet and he doesn't have money in any of his bank accounts...so am wondering if this would be a problem by the time the CR1 visa paperwork is process...I just don't want any problems or complications when i go for my interview....so i need to know if my aunt is telling the truth?


If co-sponsor meets above poverty line, you're all set.

Loto
LotofPatienceMaleIndia2010-08-16 13:24:00
IR-1 / CR-1 Spouse Visa Process & Proceduressign in fail

finally my case is complete...seems like nvc has speed up a little bit..i was stuck der for a long time wid a stupid rfe...but they still complete my case without dat...

just wondering whn will i hear frm dem abt the medical and the interview..

anyone pls help


Congrats! Just wait couple of weeks to hear interview letter, then you can proceed for medical.

Good luck to the upcoming interview!

Loto
LotofPatienceMaleIndia2010-08-17 18:23:00
IR-1 / CR-1 Spouse Visa Process & Procedureschild support order... Important!!

Loto how do I attach this document to the packet? do I write a letter explaining what it is?


Emily,

Mention it in the cover letter of AOS as one of the supporting documents. Then staple these child support documents as a unit and include just after your regular income documents.

Good luck!
Loto
LotofPatienceMaleIndia2010-08-17 20:54:00
IR-1 / CR-1 Spouse Visa Process & Procedureschild support order... Important!!

Hello again., Mine also states in my divorce decree that a certain amount will be deposited into my account. Hmmm interesting that you and your ex do not have to go thru your county that you live in to set up child support. This is the only way that child support is considered "proof" should he decide to bail on you and not give you child support. I guess just see what happens during his interview, all they can do is give you an RFE and then you both will have to show evidence and a clean history each month with no missed payments.



foreverwaiting, most people go through State and Child Support Agency to setup the payments. But some, as per the "mutual agreement", deposit the money into other's account. In this case, divorce decree, mutual agreement and bank deposit slips are sufficient to prove child support income.

Loto
LotofPatienceMaleIndia2010-08-17 20:29:00
IR-1 / CR-1 Spouse Visa Process & Procedureschild support order... Important!!

I have the court order documents on child suppor (it's in my divorce settlement signed by judge) should i send a certified original or a copy will do? I got cpies of his checks deposited to my account at least the last three months, I think that is good enough...

Thanks!!


Emily, I think you should include a copy of your divorce decree and then the court oder that elaborates the child support payments from your ex. Last 6 months deposit check copies would give more ample proof.

Loto
LotofPatienceMaleIndia2010-08-17 16:30:00
IR-1 / CR-1 Spouse Visa Process & ProceduresShould I use my parents' asset?

Should I leave it blank or put N\A?


Top of the Asset declaration page of AOS says it is optional to enter. In the past, I left it completely blank and had no issues.

Loto
LotofPatienceMaleIndia2010-08-17 20:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresShould I use my parents' asset?
Agree with AmyKathleen!

The asset page can be completely blank as it says on top of that page.

Loto
LotofPatienceMaleIndia2010-08-17 19:46:00
IR-1 / CR-1 Spouse Visa Process & Proceduresi-130check list

How about 1 passport pic. of petitioner & beneficiary = together?? :rofl: JUST KIDDING!! Just joking!!! :D

Now, seriously.... 1 photo each with 1 G325 form each! ;)

good luck!



Mrs.T, I sent you a message. Please check it out.

Loto
LotofPatienceMaleIndia2010-08-17 22:59:00
IR-1 / CR-1 Spouse Visa Process & Proceduresi-130check list

Now I got it!

Thanks a million!!


You welcome art646!

Loto
LotofPatienceMaleIndia2010-08-17 19:43:00
IR-1 / CR-1 Spouse Visa Process & Proceduresi-130check list

Hello again!

Can someone suggest approximately how may pictures should I send?
And do I have to notarize a copy of marriage certificate?

Thanks for all your input!!


1 photo of petitioner with his/her G-325A and 1 photo of beneficiary with his/her G-325A.

If the marriage certificate is issued by the marriage registrar or original agency, you don't need notarization.

Loto
LotofPatienceMaleIndia2010-08-17 19:03:00
IR-1 / CR-1 Spouse Visa Process & Proceduresi-130check list

Thanks!!

I saw somewhere a couple of times that it should be two pictures. Just to be on the safe side.

Thanks for suggestions!!


Yes 2 pictures - 1 for beneficiary and 1 for petitioner, that makes 2.

Loto
LotofPatienceMaleIndia2010-08-17 16:07:00
IR-1 / CR-1 Spouse Visa Process & Proceduresi-130check list

Thanks a lot guys!!!

I'm thinking about adding my actual wedding ceremony DVD, do you think it's
ok to do it?

Thanks sooo much everybody!!


USCIS does not want to watch a video. Pictures print out would be fine. Two Affidavits from third parties who attended your marriage would be much more stronger.

Rest all other guys already advised you.

Loto
LotofPatienceMaleIndia2010-08-16 22:46:00
IR-1 / CR-1 Spouse Visa Process & Proceduresvisiting my husband

I'm guessing that the country of orgin has a lot to do with it. I know that asking for a visitor's visa from China with a CR1/CR2 pending were just laughed at (in 2004). UK? Others here have posted from their own experiences that it was not a problem.
Best of Luck to the two of you!


That's very true, BobandXiaomei!

The OP is from U.K, one of the less fraud countries. And she has clear intention to visit her husband and go back to London to sell her house. She doesn't want to overstay in the U.S. In fact, her intention was to return within 30 days, though she can legally be here upto 90 days under VWP.

Loto
LotofPatienceMaleIndia2010-08-18 09:57:00
IR-1 / CR-1 Spouse Visa Process & Proceduresvisiting my husband

Thanks Loto


Thanks inloveVEN! Harsh has confirmed he has B1 visa while immigrant visa is pending and he is visiting the U.S before Consulate interview. His concern is the issue at POE. Based on all the above posters' experience, he would 99% have no issues since he has a solid gound of business visit.

Loto

Thanks Brian&Mel, Dan+Gemvita, discotrash, Harsh, Writer and Isma for your valid points!

Loto
LotofPatienceMaleIndia2010-08-18 09:49:00
IR-1 / CR-1 Spouse Visa Process & Proceduresvisiting my husband

Yes, I do know about AOS since that is what we did, as one can see plainly from my signature. And everything I said is true. What you are suggesting that this person get to the US somehow by lying and then file for AOS. That is not good and could lead to a denial, and since she would come on VWP, she would have no right to appeal the decision. Since you think that AOS is longer than CR-1, it tells me you aren't familiar with it. I won't get into an argument with you about the semantics of intent because I don't think you will listen.

Back to her question, can she travel here while CR-1 is pending.


Your statements are totally contradictory, based on what you are talking and what you did. You yourself did AOS from a B2 visa and telling there is no right to appeal. Isn't it hypocritical?

Check out just the above poster (Isma) from U.K, what he did. Isma plainly told at POE she is going to visit her husband under VWP while her immigrant visa was pending. Also, check out all other posters here how they arrived the U.S before making a statement here.

Your quote - "since she would come on VWP, she would have no right to appeal the decision". Of course, there is right to appeal under the 7th circuit of U.S courts appeals. If you are not familiar with it, please read it.

Loto
LotofPatienceMaleIndia2010-08-18 09:44:00
IR-1 / CR-1 Spouse Visa Process & Proceduresvisiting my husband

Hi
a "a B1 visa based on your employment" i am not sure about it, sorry to bother you, can you give a little more detail?. maybe i dont understand what you want to say. B1 visa as far as i understand y for business proposal


B1 is the visitor visa for business. For example, IT professionals will have to travel between the company in their country and the branch in the U.S to implement the projects or attend the meetings etc. To do this, the company in their country will arrange B1 visa to their employees and it is called "visit for business".

Other option is intra-company transfer using L1 visa. But it is for slightly longer term like H1 visa.

Loto
LotofPatienceMaleIndia2010-08-17 22:46:00
IR-1 / CR-1 Spouse Visa Process & Proceduresvisiting my husband

Because she could of filed the I129f with the I130and get the K3, in this case she would still have to do the adjusment in the US :rolleyes:


Mrs.T,

That's another method of Adjusting of Status and it is a clean method as well. K3 visa is non-immigrant, but it has "dual intent". Now-a-days, both K3 and IR1/CR1 takes same time and K3 will be administratively closed if both approved at the same time.

Loto
LotofPatienceMaleIndia2010-08-17 22:21:00
IR-1 / CR-1 Spouse Visa Process & Proceduresvisiting my husband

You can't come to the US with the intent to immigrate on a non-immigrant visa.


Harpa Timsah,

That's the general law. But, if the person already arrived in the U.S, he/she can do the AOS based on the I-130 petition. In VWP, if he/she has to do it within 90 days time. USCIS cannot challenge the person based on the 7th circuit of U.S court of appeals.

Your signature itself shows that you are doing AOS when your husband is in B2 visa (non-immigrant visa).

Loto
LotofPatienceMaleIndia2010-08-17 22:09:00
IR-1 / CR-1 Spouse Visa Process & Proceduresvisiting my husband

Except in most unusual cases, no.

Most often VWP applicants are allowed to withdraw their application and go back on the next available flight.


Thanks Boiler!

I also thought so, but wanted to confirm it.

Loto
LotofPatienceMaleIndia2010-08-17 20:56:00
IR-1 / CR-1 Spouse Visa Process & Proceduresvisiting my husband

Yes you can, just use the VWP. I am assuming you have a current ESTA.

I visited, many others have as well in similar circumstances.

No harm in taking proof of your need to return, to be shown only if asked for by the Immigration Officer.

most people enter without issue, but no harm if having extra documentation as a back up.


Boiler,

A quick question - For some reason if they deny the entry at POE, will it affect the pending immigrant visa process?

Loto
LotofPatienceMaleIndia2010-08-17 20:21:00
IR-1 / CR-1 Spouse Visa Process & Proceduresvisiting my husband
Brian & Mel, Glad to know that you could use your visit visa while I-130 was pending. Did you apply visit visa, after I-130 filing?

Kaashparinda, yes, I would recommend "Consular post" IR1/CR1 as well, rather than coming here while I-130 is pending and do AOS. However, there is an exception even after waiving the rights signed on VWP. If AOS is filed within 90 days period of VWP, USCIS cannot deport or remove the person based on the 7th circuit of U.S Court Appeal and it is LEGAL. It is always good to know all the legal stuff, huh? To enter the U.S in VWP, one must clearly demonstrate the tie up (there are many ways) in their home country with return ticket. You're right - never say visiting husband/wife.

Harsh, please let us know your experience after visiting the U.S in B2 visa.

If anybody has any questions, please let me know. I may answer based on my knowledge and in LEGAL way.

Loto
LotofPatienceMaleIndia2010-08-17 18:41:00
IR-1 / CR-1 Spouse Visa Process & Proceduresvisiting my husband

Lots and lots and lots of people have traveled on the VWP with a pending I-130. It is perfectly legal to do. Now, is it a guarentee that admittance will be granted...no. But it has been done and many people will do it again

And Loto, we should never advise people to abuse the VWP and enter the US as a tourist with intent to immigrate. That is against the TOS. With a pending I-130 it is clear she has immigrant intent so in my opinion, AOS isn't an option

Good luck


canadian_wife,

I am not advising people to abuse their VWP. The OP has said they filed their I-130 and if you read my thread above I have suggested IR1/CR1 at consular post is the method I prefer to, as well. I think you are repeating my preferred method in another way :star:

Footenote: I am not sure if I provide all the options available in the immigration process would be against TOS!!!

Loto

Edited by LotOfPatience, 17 August 2010 - 05:25 PM.

LotofPatienceMaleIndia2010-08-17 17:24:00
IR-1 / CR-1 Spouse Visa Process & Proceduresvisiting my husband

Loto - u said she is ok to travel on VWP or visitor visa, I don think that can work.
With either one VWP or Visitor visa one is agreeing they dont have any intention of immigration, while you have I-130 pending, that would be difficult to prove that person has no intention of immigration

I would advice against the travel, but that my opinion.


Harsh,

If I am not wrong you have recently got a B1 visa based on your employment right. You have the plans to visit the U.S before the Consulate interview of your immigrant visa, right? Do you think that would be an issue at POE? You have solid ground at POE.

Loto
LotofPatienceMaleIndia2010-08-17 17:08:00
IR-1 / CR-1 Spouse Visa Process & Proceduresvisiting my husband

What I was saying was if someone entered the US with an pending I-130 THEN attempted to AOS, the intent to immigrate is clear with a pending I-130


canadian_wife,

That's my point as well. "Intend to immigrate" is clear when I-130 is pending and the beneficiary try to enter the U.S in visitor visa or VWP.

Your previous quote was "how she gets around the 'immigrant intent' part when her husband has file the I-130 thus indicating she has immigrant intent?"

My answer - there are many ways to overcome this situation, some might face no problem at all, some might need second POE interview and some might deny the entry if the officer is not convinced. It is a double edged sword. Of course, the OP has a house in London and it clearly proves her tie up of her home country to backup her reasoning that she will go back to London.

Even there are expert attorneys in the U.S to AOS the status within 90 days period of VWP (no overstay, that's an issue) to file I-485 when I-130 is pending, by using the 7th circuit of U.S court of appeals.

Loto
LotofPatienceMaleIndia2010-08-17 16:59:00
IR-1 / CR-1 Spouse Visa Process & Proceduresvisiting my husband

Yes, how do you suppose she gets around the 'immigrant intent' part when her husband has file the I-130 thus indicating she has immigrant intent?


Do you mean no person has reached the U.S in visitor visa or VWP when I-130 process is pending?
LotofPatienceMaleIndia2010-08-17 15:57:00
IR-1 / CR-1 Spouse Visa Process & Proceduresvisiting my husband

Not quite sure why you'd even ask if she is AOSing when she clearly indicated her husband sent the I-130 papers yesterday :bonk:


Just trying to let her know all the options. Is anything wrong if a person files I-130 and go for AOS option?

Loto
LotofPatienceMaleIndia2010-08-17 15:01:00
IR-1 / CR-1 Spouse Visa Process & Proceduresvisiting my husband

Please forgive my ignorance, but I don't know what the abbreviations stand for , or anything about this whole process. My husband is the brains in this relationship lol and he's studying up on things the best he can when hes not at work. I know that I have to go to London embassy for medical and interview at some point further down the line.....what does AOS mean? sorry for dumb question!


If you prefer Medical and Interview at London Embassy, great. That's the best path and you'll have Green Card when you arrive in the U.S after the Interview. And this is the less expensive option. Only drawback is the foreign spouse wait outside until the interview is done. This process is called immigrant interview at the post. But you are lucky, you can use VWP (sorry, visa waiver program) to visit your hubby.

AOS is Adjustment of Status. The petitioning husband files I-130 and I-485 together to adjust your status to permanent resident in the U.S. Your temporary visa must be valid to be here in this case until you enter the I-485 stage. Then you can apply EAD (I-765 Employment Authorization) and Advance Parole (I-131, to travel outside the U.S). This is longest route to get green card and more expensive as well.

I prefer you to do the first option - Consular post interview.

Loto
LotofPatienceMaleIndia2010-08-17 14:10:00
IR-1 / CR-1 Spouse Visa Process & Proceduresvisiting my husband

I don't have a visa, when I go over to the US as a tourist I just fill out visa weiver form onboard the plane......now that my husband is applying for me to become a resident, should I get a visitors visa do you think?


You don't need visit visa.

You can use visa waiver and visit the husband during the I-130 process. I am not sure how long in one trip, but make it shorter and go back to U.K.

Do you prefer AOS or Consulate Interview for your Green Card?

Loto
LotofPatienceMaleIndia2010-08-17 13:55:00
IR-1 / CR-1 Spouse Visa Process & Proceduresvisiting my husband

Thanks for quick response. I live in the UK, and my new husband is a US citizen and lives there. We recently got married over in the US, but I had to return to the UK straight after our honeymoon inorder to sell my house. My husband posted the I-130 form yesterday 08/16/10. I've herd conflicting things about what is legal as regards going to visit him during the visa progress. I first herd that I could go for 30 days then I had to leave the country, but could go back for another 30 days, then I was told if we pay $300 I can stay with him for 6 months. Do you know what is legal? Thankyou


What visa you have an what is the expiry on it?

Are you Adjusting the Status in the U.S or going to attend Consulate interview in U.K for Green Card?

Loto

Edited by LotOfPatience, 17 August 2010 - 01:48 PM.

LotofPatienceMaleIndia2010-08-17 13:48:00
IR-1 / CR-1 Spouse Visa Process & Proceduresvisiting my husband

Please can anyone tell me if I can go and visit my Husband now my papers have been sent?


I didn't have any clue if you are petitioner and beneficiary and which papers sent. I am fortunate to have a glance at your timeline in VJ and concluded that you are the beneficiary in London and filed your I-130. Yes, of course, you can visit him, but don't overstay here. You need to leave the U.S before the visit visa or any other visa expires.

Loto
LotofPatienceMaleIndia2010-08-17 13:30:00