Forum	Title	Content	Member	Sex	Country	Date/Time
IR-1 / CR-1 Spouse Visa Process & Procedures	taxes	QUOTE (Jigi @ Mar 3 2008, 02:35 PM) <{POST_SNAPBACK}> hi, If you think u can get ITIN before april 14 then apply joint. otherwise single. Simple as that Jigi Wrong on two counts: You don't need to get the ITIN before you file. You submit the W-7 and enclose it in the same envelope with the tax return. You don't need to put the ITIN on the return, they'll process the W-7 and enter the ITIN for you. Second, it would be perjury to sign a return claiming single status if you were legally married.	lucyrich	Not Telling	Venezuela	2008-03-03 17:40:00
IR-1 / CR-1 Spouse Visa Process & Procedures	taxes	Don't file single if you're married. Single status is not legally available to a married person. The IRS probably won't have any way to know about your marriage unless you tell them, so if you file as "single", you probably won't get caught by them. But you'll probably have to submit your tax returns to the USCIS some day as part of an affidavit of support, removal of conditions, or naturalization application. They will check your filing status. It would be interesting to try and convince the USCIS that you were in a valid marriage when they see that you signed a tax return under penalty of perjury claiming you were single. No, if you were legally married by the last day of the tax year, either file "married filing jointly", or "married filing separately". There are some special circumstances where a legally married person might qualify as "head of household", but there are a whole bunch of criteria you must meet, including supporting a dependent other than your spouse. See IRS pub 501 for details. Be aware that, this year, there's a tax rebate going out to virtually all taxpayers. However it's not available to taxpayers who filed with an ITIN (apparently Congress thinks that ITIN = illegal alien, and they don't want to send economic stimulus to illegal aliens). If a married couple filed a joint return using an ITIN, neither taxpayer gets the rebate. If the same couple had filed separately, only the taxpayer with an ITIN would forgo the rebate; the taxpayer with a SSN would get the rebate. So, depending on your situation, it might be advantageous to file separately in order to claim the rebate, if the rebate amount is larger than what you'd save by filing jointly. Go to the irs.gov site and read publication 501, 519, and the economic stimulus rebate info.	lucyrich	Not Telling	Venezuela	2008-03-03 17:36:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Missing USC's Birth Certificate	QUOTE (Frustrated2NoEnd @ Feb 28 2008, 03:11 PM) <{POST_SNAPBACK}> NP! Anytime... We had to do the same thing for myself and my husband. I've found out that most US banks and Companies themselves have in-house Notaries. Get your husband to ask around... you may be pleasantly surprised! Check at your local grocery store that has a bank in it... But that does no good for the birth certificate. You need a certified copy. You may send in an ordinary photocopy of the certified copy, though. Notarization isn't needed nor useful. The terminology causes lots of confusion. Your ORIGINAL birth certificate is kept in a vault by some government authority, probably a county clerk or similar. When the authorized government official makes a copy of your original birth certificate, they'll put a raised seal on it, indicating that it came from the government office charged with keeping the original. That's called a "certified copy", and is the closest to an original that ordinary mortals can usually get. You can make a photocopy of that certified copy to send in to the USCIS with your petition. They'll eventually want to see the actual certified copy at the interview, to validate that the raised seal is authentic.	lucyrich	Not Telling	Venezuela	2008-02-28 23:43:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Unintentional Overstay??	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.	lucyrich	Not Telling	Venezuela	2008-03-05 15:46:00
IR-1 / CR-1 Spouse Visa Process & Procedures	2yrs green card or permanent green card	If she got a two year green card, then she will have to file an I-751 form to remove conditions and get a permanent green card. Look at the expiration date on her green card. That's the latest she can file the I-751 without problems. The earliest she can file the I-751 is 90 days before the expiration date on her two-year card. See the "removal of conditions" forum for more details on the procedure. It's easiest if you begin saving evidence as soon as you get the first green card, instead of waiting until the last minute to try and gather evidence.	lucyrich	Not Telling	Venezuela	2008-03-13 18:54:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Certified copies must be submited to translations?	QUOTE (Mononoke28 @ Apr 3 2008, 11:03 AM) <{POST_SNAPBACK}> If you check the DOS link and pull down your embassy, Rio de Janeiro, you'll see that it says: Translations All documents not in English, or in the official language of the country in which application for a visa is being made, must be accompanied by certified translations. So you do not need to submit any translations unless they're not in English nor Portuguese. DOS Link Diana Yep, it's important to note that different rules apply depending on who you're sending documents to. If you're sending them to the USCIS in support of a petition, you must send translations of any documents not in English. Portuguese documents would need translation. That's because the USCIS is located in the USA, and supports people from every country in the world, and doesn't necessarily have people who know all different local languages. If you're sending documents to an embassy or consulate in support of a department of state visa application, the local consular rules will apply. Since consulates are staffed with people who are stationed in the local country and who normally are fluent in the local language, usually, that means they'll accept things in English or in the local language of the country without translation. But consular rules and policies vary quite a bit, so you need to check with your consulate to be sure.	lucyrich	Not Telling	Venezuela	2008-04-03 14:55:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Passport Type Pictures	They usually have a little fine print rule that the pictures must be taken within the last 6 months, that is the six months prior to the time you present the pictures. Timelines vary, but it's possible some of the steps won't be completed within six months. However, they typically seem to be a little relaxed on this rule, as long as your appearance hasn't changed. If it LOOKS like the pictures could have been taken less than six months ago, they'll usually let it slide. So if you want to make maximum use of your photos, don't make a drastic change to hairstyle, eyeglasses, etc. until you've used up your pictures.	lucyrich	Not Telling	Venezuela	2008-04-03 17:47:00
IR-1 / CR-1 Spouse Visa Process & Procedures	does it matter if you become pregnant during the cr1?	QUOTE (Nutty @ Apr 2 2008, 03:35 PM) <{POST_SNAPBACK}> It shouldn't affect your interview. However, I have heard some 8 month pregnant fiance's (129F) being told at the time of the interview to wait until the baby is born. I guess on a fiance visa, if the fiance comes to the USA decided not to marry the USC and yet had a baby in USA, the foreign fiance would not be required to leave the country (since the baby is a US citizen). Wrong. The BABY would not be required to leave the US in your hypothetical situation, but the alien parent would. Being the parent of a USC baby doesn't allow someone to stay. After the baby turns 21, assuming the laws don't change in the meantime, the baby might choose to petition for the parent, but the parent would have to meet all the typical admissibility requirements. And that would include normal overstay issues. Even if the parent managed to overstay a K-1 visa for 21 years without being caught, she/he would still be unable to adjust status, because a K-1 visa entrant is ONLY eligible to adjust status based on a marriage to the original petitioning US Citizen. There's no other way for a K-1 entrant to adjust status. See INA 245(d). Furthermore, the baby is going to be born a US Citizen regardless of the place of birth, assuming the US Citizen parent has spent at least five years living in the US. Wherever born, the baby will be able to come to the US when he/she wants to, and will be able to petition for his/her parent after the baby turns 21.	lucyrich	Not Telling	Venezuela	2008-04-03 15:07:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Certified copies	QUOTE (trailmix @ Apr 24 2008, 11:25 AM) <{POST_SNAPBACK}> QUOTE (Jason&Dani @ Apr 24 2008, 01:25 PM) <{POST_SNAPBACK}> All documents not in English, or in the official language of the country in which application for a visa is being made, must be accompanied by certified translations. <------ Portuguese is the official language of the country no matter what people from portugal say, it is portuguese RSRSRSRSRS True - but if the person is not doing DCF, then the country in which the application for a visa is being made is the U.S., therefore it would need a translation if not already in English. No, a visa application can only be made at a consulate abroad. You may be confusing a petition with an application. A petition may be filed in the US with the USCIS. But an application is made to a consulate. An alien gets a visa by applying for one at a consulate. There's no way to apply for a visa from within the US, since a person who is already in the US has no need for a visa.	lucyrich	Not Telling	Venezuela	2008-04-24 15:00:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Certified copies	QUOTE (charisma1 @ Apr 24 2008, 04:07 AM) <{POST_SNAPBACK}> Why not simply get multiple ORIGINALS if not too expensive? Cannot be more expensive than getting something notarized... QUOTE (saradanielle @ Apr 23 2008, 09:09 PM) <{POST_SNAPBACK}> I have just read on the VJ site that certified copies of documents must be certified by the issuing authority and not by a notary. Has anyone had any recent experience with this and what NVC will accept? Will they send an RFE on notary-authenticated copies of documents? Thanks! Because you can't get originals of vital statistics documents. The originals are kept in a vault by some government agency. If they gave you your original birth certificate or marriage certificate, then they lose their only record of your birth or marriage. Exact procedures vary from one jurisdiction to another, but there's generally some government office that is in charge of maintaining records of births, marriages, divorces, etc. If you get a copy of a document directly from that office, and if it contains a raised seal, signature, or other authenticating item that certifies it's a true copy of what was officially recorded, then what you have in your hands is called a certified copy. It was certified by the government agency that keeps the original in their vault. THAT is what the immigration authorities want to see at your interview. Some people call that an "original", since it's the closest you'll ever get to an original, but the actual original source stays in the government vault. That's why the guides and checklists refer to it as a "certified copy". If you take some document to a notary or other trusted authority and ask him to make a copy, the best he could do is certify that the copy he made was a genuine unaltered copy of what you gave him. But since he's not in a position to vouch for the authenticity of the document you gave him, that kind of certification is pretty much useless for immigration purposes. Oh, and BTW, unless they specifically ask for something otherwise, it's OK to send ordinary photocopies when things need to be mailed to the USCIS, NVC, or Consulate. For most purposes, they'll accept an ordinary photocopy. Then at the interview, they'll want to see the actual certified copy so they can verify the raised seal. They'll typically keep another photocopy of it at that time. You only hand them the certified copy for a second and then they hand it right back to you and keep a photocopy.	lucyrich	Not Telling	Venezuela	2008-04-24 14:52:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Completely Lost and Heartbroken	Recently, thanks to post-9/11 changes, it's become easier for the Canadian officials to check the backgrounds of US Citizens attempting to enter Canada. See this story in the San Francisco Chronicle: http://www.sfgate.co...MNGCAO9NSB1.DTL For info on how to get an "approval of rehabilitation" and get the inadmissibility removed, see http://geo.internati...missible-en.asp Good luck. It sounds like the fact that a lot of time has elapsed since his legal problems may work in his favor.	lucyrich	Not Telling	Venezuela	2008-05-01 18:27:00
IR-1 / CR-1 Spouse Visa Process & Procedures	tax advice -does it affect immigration process	QUOTE (sgr @ Apr 3 2008, 10:25 AM) <{POST_SNAPBACK}> I sopke to one CPA yesterday..He told me its better to file married filing seperately for 2007 since ...my wife is in india and on immigration process to get approved .That way it won't affect her immigration process.He also told me that she ahs to be here at least 1 month here in usa to file jointly with ITIN.... Whats my best option now? Your best option is to get a new CPA. You've already gotten the correct info here that, by filing a joint return where one spouse has an ITIN, you'd give up the economic stimulus, so you may be better of filing separately anyway. But your CPA is flat out wrong in saying that she's got to be here for at least one month to file jointly with an ITIN. See IRS Publication 519, the tax guide for aliens, available on irs.gov There's a paragraph there on treating a nonresident alien spouse as a resident. You may write and sign a letter and attach it to your return, declaring that you want to consider her as a US resident for the entire tax year. This allows you to file a joint return and benefit from the lower tax rates and higher exemptions. Whether the benefit is enough to offset the stimulus payment you'd forgo depends on the details of your own tax situation. I could forgive a CPA for not knowing that, if the CPA had no experience doing tax returns for aliens. I'd have a harder time forgiving a CPA for not knowing where to look it up. And I would not forgive a CPA for stating the incorrect information as factual without even trying to look it up or verify it. BTW, you won't harm the immigration process regardless of filing jointly or separately. What IS important is that you use one of the married statuses, and not file as "single". It's also important that, after she gets her green card, she must file every year and not declare herself to be a "nonresident" on her tax returns.	lucyrich	Not Telling	Venezuela	2008-04-03 14:48:00
IR-1 / CR-1 Spouse Visa Process & Procedures	how do u apply a baby for visa?	QUOTE (rmncm @ Jul 5 2008, 04:31 PM) <{POST_SNAPBACK}> QUOTE (trailmix @ Jul 5 2008, 04:12 PM) <{POST_SNAPBACK}> QUOTE (rmncm @ Jul 5 2008, 05:58 PM) <{POST_SNAPBACK}> Not sure if this helps: http://travel.state....erseas_703.html http://www.visajourn...howtopic=136743 If he has a US passport that is is proff of Citizenship. Thats all I know...I just started this process myself and my wife is pregant there in the Philippines...God good luck! Unfortunately that doesn't help, if you read the page from the link you posted it states the following: REPORTING THE BIRTH A Consular Report of Birth can be prepared only at an American consular office overseas while the child is under the age of 18. Usually, in order to establish the child’s citizenship under the appropriate provisions of U.S. law, the following documents must be submitted: (1) an official record of the child’s foreign birth; (2) evidence of the parent(s)’ U.S. citizenship (e.g., a certified birth certificate, current U.S. passport, or Certificate of Naturalization or Citizenship); (3) evidence of the parents’ marriage, if applicable; and (4) affidavits of parent(s)’ residence and physical presence in the United States. As the OP mentioned, her Husband was not able to provide enough proof of physical presence in the U.S., after his 14th birthday. I don't really have any advice for you Lostgurl as I am not familiar with children applying for a visa to the U.S., but I wish you luck I guess more info is needed from the op. Does he have a US passport? He must have something or be able to get proff of residency in the states. I cant believe that all goverment files was lost during Katrina. If he was born in the US then there has to be a paper trail. If he was born in the phils and immigrated to the US then there must be a paper trail. A US Passport is proof of Citizenship, but citizenship isn't what's in question here. The law also says that, in order for the child to be a US Citizen, the Child's US Citizen parent must have resided inside the united states for at least 5 years, at least two of which were after attaining the age of 14 years. That's from INA 301(g). That seems to be the sticking point in this case. If he didn't live in the US during the required time, or if you can't get enough evidence to demonstrate that he lived inside the US during this time, then he could petition for his child using an I-130. Or, if you go the K-3 route, you could get a K-4 visa for the child.	lucyrich	Not Telling	Venezuela	2008-07-05 20:39:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Digital or film?	We've done all our own ID photos digitally, both for all the various immigration forms and for Venezuelan and US passport purposes. We had no problem. As long as they don't show noticable pixels, and they're printed on a high quality printer that makes them look as good as film based photos, it should be no problem. We used the state department guide which YodaPagoda linked to, setting up lights and a white background according to the instructions.	lucyrich	Not Telling	Venezuela	2008-07-09 20:27:00
IR-1 / CR-1 Spouse Visa Process & Procedures	PCC need to be translated?	QUOTE (lotofpatience @ Jul 9 2008, 04:55 PM) <{POST_SNAPBACK}> QUOTE (cmoncada @ Jul 9 2008, 07:53 PM) <{POST_SNAPBACK}> DO the police certificates need to be translated into english? yes if it not in English. All civil documents not in English must be translated into English. That's the right rule for documents you submit to the USCIS service center in the USA in support of a petition. But if you're submitting documents to the consulate in the foreign country, you follow the consulate's rules. Consulate's rules vary from one country to the next, but most of them will accept documents in either English or in the official language of the country where the consulate is located. Check your own consulate to be sure.	lucyrich	Not Telling	Venezuela	2008-07-09 23:03:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Travelling w/o GC allowed??	The visa will be in her passport. When she enters, she'll get an entry stamp (can't remember if it's on the visa itself or on one of the "stamp" pages, or both). But the stamp says she's been admitted. The stamp plus the visa plus the passport itself will work as evidence of status for one year. The visa contains her A number, and I believe the officers can look up her file on the computers and verify that she's been approved for the green card by using that number. I'm not 100% sure of what info they look up by what means, but I know that she can re-enter with her stamped visa. I confirmed this by asking the same question to the CBP officer when we entered our first time with the CR-1 visa. For example, after she enters with an immigrant visa (IR-1 or CR-1), she could turn around and leave the US that same day, and then re-enter again the next day or a few weeks later, using just stamped visa. The Green Card will come a few weeks after the initial entry, and as soon as she receives it, she should carry it and use it. But if it arrives while she's overseas, no worries. Likewise if an administrative problem or mailing error delays it a bit more than the usual couple of weeks. She can still re-enter using just her passport with the visa and entry stamp.	lucyrich	Not Telling	Venezuela	2009-05-20 17:59:00
IR-1 / CR-1 Spouse Visa Process & Procedures	POE Advice Needed	Four hours is probably plenty. We allowed around six, and spent a LOT of time walking around the airport. The first time you enter with an immigrant visa, there's some extra paperwork that they've got to do. How long it takes depends on how busy they are and such, but people have commonly reported between five minutes and 45 minutes. Ours was about 20 minutes. In addition to the immigrant visa paperwork, you'll have to do the regular stuff about claiming bags, going through customs with your baggage, sending your baggage on to get on the next plane, then standing in line for the standard TSA screening that all domestic passengers go through. Plus finding your gate.	lucyrich	Not Telling	Venezuela	2009-06-14 11:49:00
IR-1 / CR-1 Spouse Visa Process & Procedures	What does the CR-1 VISA Look Like?!	The visa is a sticker that covers one full page of the passport. It's got a photo in it, and is on really pretty engraved paper with a lot of anti-fraud technology, so it looks pretty nice. You have to leave your passport at the embassy for awhile for them to put the visa into it. But the visa by itself doesn't give you status. The visa is only good to enter the US, and the CR-1 visa itself only works one time. Once you enter on the CR-1 visa, you get a rubber stamp in your passport, and this stamp (combined with the visa) becomes the important document from then on, at least until you get your plastic Green Card in the mail a few weeks later. The rubber stamp has the date and place of entry, but is pretty unimpressive. Theoretically, it can be used as evidence of status for a full year, but you'll have your green card in hand to use as evidence of status long before the year runs out.	lucyrich	Not Telling	Venezuela	2009-07-24 18:13:00
IR-1 / CR-1 Spouse Visa Process & Procedures	CR1 VISA expired	Did you enter on your CR-1? In other words, did they put an I-551 stamp, saying you were admitted for lawful permanent residence? If so, you received green card status. You should have received a green card a few weeks after entry, delivered to the address in the US which you gave them. The I-551 stamp is normally enough evidence to travel for a year, even if the visa itself is expired. The visa expiration date is merely the last date you can use the visa to enter the US for the first time. But after you use a CR-1 visa one time, you use your permanent resident STATUS to enter, so the visa expiration doesn't matter. If you didn't get an I-551 stamp, then it sounds like they ignored your CR-1 and instead admitted you on some other basis. Where are you located now? Where have you been residing since you were admitted? What are your dates of entry/leaving the US? I'm asking because I'm curious whether you've maintained your permanent resident status in the US.	lucyrich	Not Telling	Venezuela	2009-08-01 11:20:00
IR-1 / CR-1 Spouse Visa Process & Procedures	IR-1 OR CR-1	To add a bit to the already correct info. Even if you're clearly applying for a CR-1 visa, some of your paperwork at the consulate (and maybe NVC) will say "IR-1" on it. Don't get too excited about pointing out that "problem". It's normal procedure. They process the two types exactly the same. If the couple is close to their two year wedding anniversary, it may not be clear which kind of visa they'll get until the day they actually get the visa, because a slight delay could change a CR-1 to an IR-1. So they don't make a distinction until they're ready to issue the visa, even for couples whose timelines make it pretty clear which kind of visa they'll be getting. And note that, if you get a CR-1 visa a few weeks or months before your second wedding anniversary, and then you wait outside the US until after your wedding anniversary, and enter the US after your marriage is more than two years old, you'll enter with your CR-1 visa, but get IR-1 status and an unconditional ten year green card (assuming the officer at the POE doesn't make a mistake, which isn't always a good assumption). The type of status you get is determined by the age of your marriage on the date of entry to the US, while the type of visa you get is determined by the age of your marriage on the date the visa is issued. The status is what determines whether or not you'll have to file for removal of conditions, so it's the only thing that really matters for practical purposes.	lucyrich	Not Telling	Venezuela	2009-06-15 17:42:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Is birth certificate of petitioner required at any stage ?	Proof of citizenship is required, which could be in the form of a birth certificate, but it doesn't have to be in the form of a birth certificate. A US passport will work. We completed the journey all the way to US Citizenship and never once showed the USC's birth certificate to any immigration official.	lucyrich	Not Telling	Venezuela	2009-09-26 19:18:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Is a Tax Return the same as the 1040????	QUOTE (vivekjay @ Oct 27 2009, 11:28 AM) <{POST_SNAPBACK}> What about the State Tax. The IRS transcripts shows only the federal tax returns right? Is there similar transcripts that can be obtained from the state? In my case California. Immigration is a federal matter, controlled by the federal government. They don't care about state taxes. Not all states even HAVE income taxes. You won't need to provide state tax returns at any point on the immigration journey.	lucyrich	Not Telling	Venezuela	2009-10-27 14:54:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Wife has got VISA and living with me, what now?	The next major thing you've got to do is removal of conditions, so you might want to go to that forum and have a look. You'll be filing for removal of conditions in approximately one year and nine months, but go over there for more details on the window of dates. Start a folder with evidence of your bona fide marriage. Any joint documents you collect, financial things, insurance, lease, etc., as well as joint social things. It's easier to collect such joint evidence as you go rather than all at once. Again, look in the removal of conditions forum for ideas of what to put into your folder of evidence. You can come back to this forum in about three years to file for citizenship, if desired. But that's an optional thing.	lucyrich	Not Telling	Venezuela	2009-10-26 17:39:00
IR-1 / CR-1 Spouse Visa Process & Procedures	New Baby before final Interview?	Yes, if anything would make the baby a US Citizen, it would be INA 301(g), but that law requires that the US Citizen parent have lived in the US for at least five years prior to the baby's birth. Therefore, the baby is not a US Citizen. In the original post, you ask "what course of action should I take?". The answer would depend on what you want to happen. I'll guess the three of you are living together as a family, and you want to enter the US to live together as a family. If that is the case, then your US Citizen wife should file an I-130 for her child, which should lead to an immigrant visa for the child. When the child enters on the immigrant visa, the child will automatically gain US Citizenship on that day, assuming the child is in the custody of the US Citizen mother and the mother starts residing in the US. Search for "Child Citizenship Act" for details. After the child is in the US, you can get a certificate of citizenship and a US Passport for the child. For your own visa case, the child has little effect, except that it may provide some evidence of the bona fide nature of your relationship to the mother, and it may affect the household size for the purposes of the affidavit of support. Of course, you should update the officials the next time you see them (visa interview?) to let them know about the child. If they issue a visa for you, the visa will probably have a validity period of 6 months. In other words, you must enter the US within six months after your visa is issued, or else your visa will expire. I don't know if they'll be able to issue a visa for the child in time for you to travel together, but it is probably best to start on the child's visa paperwork as soon as possible.	lucyrich	Not Telling	Venezuela	2009-11-11 17:26:00
IR-1 / CR-1 Spouse Visa Process & Procedures	no expiration date on I-94	It's common for I-94s for things like a student visa to be issued with no fixed expiration date, but instead for "Duration of Status". This is often abbreviated "D/S". If your I-94 says "Duration of Status", or "D/S" on it, you should be able to write "D/S" on the I-485, and the immigration folks will know what this means.	lucyrich	Not Telling	Venezuela	2009-11-17 15:50:00
IR-1 / CR-1 Spouse Visa Process & Procedures	can one return to home country after entering on CR-1	QUOTE (Dakine @ Nov 22 2009, 02:17 PM) <{POST_SNAPBACK}> "Technically, CR1 is a single entry visa. The endorsment stamp substitutes for the green card, so additional entries are based on the endorsement, not the visa. It's a distinction without a practical difference though." "Once your activate the CR1, the I551 stamp can be used in place of the green card up to one year." Do ALL CR-1s and IR-1s get the I-551 stamp at the POE?? Yes. Well, there's a possibility of a clerical error, so maybe there's someone somewhere who didn't get the stamp, but everyone is supposed to. The important thing is that any immigrant visa gets you lawful permanent resident STATUS on the date of entry. And the stamp serves as evidence of that status. The actual plastic green card comes a few weeks later, and is also evidence of that same status. But it's the status, not the card, which gives you the right to travel, so whether you use the endorsed visa/passport stamp or the plastic card to demonstrate that status, you have the same right to travel either way.	lucyrich	Not Telling	Venezuela	2009-11-22 17:48:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Entering US before endorsing IR-1?	QUOTE (HeatDeath @ Nov 26 2009, 08:31 PM) <{POST_SNAPBACK}> Isn't the spousal visa multiple entry? Technically, the visa itself is only good for only one entry. But the instant you enter, you get LPR status (green card status), and that status allows you to pretty much come and go as you please, with the main restriction being that you don't leave the US permanently. The endorsed visa serves as proof of that status until you get your plastic green card in the mail. So for many practical purposes, it's like the visa is good for multiple entries, even though it technically isn't. When it comes time to count your residence time for naturalization, the only entry that matters is the one that gave you status, i.e. the first entry.	lucyrich	Not Telling	Venezuela	2009-11-27 14:27:00
IR-1 / CR-1 Spouse Visa Process & Procedures	At Port of Entry	It may depend on the specific port of entry, and on how busy they are. Most ports of entry have a "traffic cop" directing people into the appropriate lines, at least during busy times. Look for such a person and ask which line to use. Always trust the word of a uniformed officer on the scene more than you trust the internet postings of someone on VJ (I'm including this posting in those that are not as trustworthy as an officer on the scene). Normally, they'll let you stay together. They may direct all of you to go through the citizens/residents line, or they may direct you to go through the visitors line, or the lines might have different labels and different criteria for separation. They normally don't have a problem with letting a US Citizen through on the visitor's line. So if there's nobody available to tell you otherwise, you can almost certainly get in line as visitors and then explain the situation when you get to the desk. If you don't want to be separated, just don't separate yourselves. Politely explain to anyone who asks that you are travelling together as a family, and that you'd prefer to go through together. The worst that's going to happen is they'll say, "oh, if you want to go together, you'll have to go through that line over there". A new immigrant coming in for the first time on an immigrant visa is likely to be sent into secondary inspection for further processing anyway, especially if it's at a busy time, so don't be alarmed when this happens.	lucyrich	Not Telling	Venezuela	2010-01-26 14:34:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Part 2 of I-485? what is my application 'type?'	On the I-485, Part 2, it asks my application type. For a concurrent filing of an I-130 with an I-485, check box a. An I-130 for a spouse is an relative petition which will give you an immediately available visa number when approved. I've highlighted relevant words to explain: An immigrant petition giving me an immediately available immigrant visa number that has been approved (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved). The most confusing thing in the wording is that the petition hasn't yet been approved, but it will have been approved by the time they get around to looking at the I-485.	lucyrich	Not Telling	Venezuela	2010-01-26 17:40:00
IR-1 / CR-1 Spouse Visa Process & Procedures	IRS TAXES UGHHHH	I just e-filed and it was rejected. the reason was that the SSn did not match the name. my question is, I did not include my wife's foreign income since it's small. Do i have to include that info or not? thanks She wasn't a resident during 2009, was she? If that's the case, and you want to file a joint return, you'll need to make the choice to have a nonresident spouse treated as a resident for the tax year 2009. That lets you file married filing jointly (normally, nonresident aliens are not allowed to file a joint return). To make the choice, you've got to write a letter and include the letter with your return, which means you can't e-file. It's all detailed in Pub 519. http://www.irs.gov/p...ublink100038991 If you do that, and if she's got a SSN on or before the day you file, just use that SSN even if she didn't have the SSN during 2009. And yes, you have to include your wife's foreign income if you want to treat her as a resident and file a joint return. Up to $87,600 of her foreign earned income is excluded from taxation, so you won't pay taxes on that first $87,600, but you still have to declare it. http://www.irs.gov/p...ublink100039045	lucyrich	Not Telling	Venezuela	2010-01-26 14:43:00
IR-1 / CR-1 Spouse Visa Process & Procedures	CR1 vs. K3 & time limit to enter US following visa?	An immigrant visa is normally valid for 6 months from its date of issue, and it's normally issued close to the interview date. That means you've got to come to the US at least once during those six months or the visa will expire. Once you've entered one time on the immigrant visa, the expiration date of the visa is no longer relevant. Subsequent entries are done using your LPR status, which doesn't expire (but can be abandoned or revoked). Evidence of your status will be either your green card or the stamp in your passport that they'll give you when you enter. If things are processed too quickly, you can contact the consulate and delay the interview. I'm not so sure about the K-3 validity dates.	lucyrich	Not Telling	Venezuela	2010-01-27 21:40:00
IR-1 / CR-1 Spouse Visa Process & Procedures	What happens once in the U.S?	They normally don't re-hash the things that were gone over at the consular interview. They do need to make some entries into their computers to issue you the green card, and they've got to verify your US address where the green card will be sent. That's normally done in secondary processing, but rarely I've heard of it being done in the normal queue, depending on the POE and how busy they are. The consulate already decided you were eligible for the visa. Basically, the POE can only turn you back if they find new information that the consulate couldn't have known about, or if they find you're carrying contraband or something like that. They don't look for a reason to turn you back, unless you somehow do something obvious that would arouse their suspicion. So the POE experience is normally quick and very easy.	lucyrich	Not Telling	Venezuela	2010-01-29 13:08:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Which line at US Passport Control for CR-1 visa?	Agreed, it all depends on the traffic cop, but as I have experienced, in 7 years of traveling with my foreign spouse I was told at 8 different POE's (Atlanta, Charlotte, Orlando, Newark, JFK, Chicago, Detroit and Houston) that if he is traveling with me, the USC, then he can enter via the citizens line, Miami was the only one that directed us to the visitors line.. But the question was regarding a CR-1 visa holder, no? The CR-1 visa can only be used as a visa one time. After someone enters on it the first time, they become a lawful permanent resident, and then they'd enter on their LPR status. All entries after the first one are clearly entries as a permanent resident, and the person stands in whichever line is set up for green card holders (in most POE's that's the citizen/resident line, but read the signs to be sure that applies). So I don't understand the "in 7 years of traveling with my foreign spouse" part.	lucyrich	Not Telling	Venezuela	2010-02-01 23:05:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Which line at US Passport Control for CR-1 visa?	Um guys, you are contradicting each other, this is not helpful. What is the correct answer from someone who really knows? The correct answer is to ask the staff on site. There's usually an officer directing people into proper lines. When I (USC) returned to the US alone via the Miami airport a couple of months before getting the visa approved, after the officer cleared me through immigration, I took the opportunity to ask directly. I said, "my spouse is going to be coming through this airport with a CR-1 visa soon. Which line should we use if we go through together?" He said "I don't know. You should probably ask the officer directing traffic. It depends on how busy we are. You might be allowed through the US Citizen's line, but they may want you to go through the visitor's line." He worked there, and he couldn't even give me a straight definitive answer other than to ask at the time. The good news is that, after hearing of this question come up repeatedly, I've never heard of a report of anyone having any serious issues regardless of which line they went through. Pick a line, go through it, and be polite. The worst that will happen is they'll tell you that you ought to go back and wait in the other line. Based on what I've read here, that's not very likely.	lucyrich	Not Telling	Venezuela	2010-02-01 15:53:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Fail in travel visa will be failed in spouse visa ?	Having a rejected tourist visa won't hurt the spousal visa at all if the reason for the rejection was failure to establish sufficient ties to the home country. And that is the most common reason for rejection of a tourist visa. If the reason for the rejection of the tourist visa was something else, such as lying on a visa form, or a criminal background, then that would still be a reason to reject the spousal visa, so it would still present a problem. This isn't common, but is possible.	lucyrich	Not Telling	Venezuela	2010-01-31 15:10:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Got Conditional GC even though I entered after 2 years into our marriage	So are they telling you that the IR1 classification is now based on when the visa was issued rather than when you activate it at the POE? Have you had your infopass appointment yet? It still states on the I-130 application: Notice to Persons Filing for Spouses, If Married Less Than Two Years Pursuant to section 216 of the Immigration and Nationality Act, your alien spouse may be granted conditional permanent resident status in the United States as of the date he or she is admitted or adjusted to conditional status by a USCIS officer. It will very interesting to see how things work out! Good luck. If you carefully read section 216 of the Immigration and Nationality Act (g)(1)(B), it says that the key in determining whether the removal of conditions petition has to be filed is the age of the marriage at the time LPR status is granted. In other words, it doesn't matter what category appears on the green card (or visa) or what clerical error the USCIS makes or doesn't make. If the marriage was less than 24 months old at the time status was granted, then the status is conditional and removal of conditions is required. Otherwise, status is permanent and no removal of conditions is required. The USCIS isn't allowed to arbitrarily change the statute. Congress would have to do that. Since they haven't, USCIS is bound to follow it. This has come up several times in the past when they've made the error in the reverse direction. If they assign you unconditional status but your marriage is less than two years old at the time of granting status, then you're still required to remove conditions. If you fail to file the I-751 and they eventually go back and figure out their mistake, you're in trouble. In this case, theoretically, you could ignore their clerical error and just omit filing an I-751. They're not allowed to remove you for failing to file an I-751 that wasn't required in the first place. But I REALLY wouldn't advise letting it go that long. Because they'd probably try and start removal proceedings, and you'd be forced to show up and plead your case in front of a judge, who would probably eventually make the right decision, but not without a lot of inconvenience and mess. It's far safer to get them to acknowledge the mistake before the two years are up. So maybe when they say "your classification won't change", they're really saying that it doesn't have to change -- that you won't be required to file the I-751 in any case. But get that from them in writing!	lucyrich	Not Telling	Venezuela	2010-02-01 16:52:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Last leg of IR-1 process...	I'm leaving a lot of questions un-answered. Others may chime in. 2. Can I, do I, should I go in with her to the Embassy and/or do they need to interview me as well? The answer to this one varies from one consulate to the next. In many asian consulates, the US Citizen is not allowed inside. In (almost?) all the latin american consulates, the USC is allowed in during the interview process, and the presence of the US Citizen often seems to be very helpful. Your presence is not legally required. But if you can manage to be there, it will probably be helpful. 6. There are really no strange circumstances about us. She's living in Mexico with an FM-2 (Mexican version of an IR-1, she's been there for... 2 years?), she's been in the US one time, we didn't overextend our welcome, we turned in the paper when we left, we're actually married, no criminal record, my job provides enough for both of us, no children. On what grounds can she be rejected, and if she is rejected, what's the procedure to contest the rejection? Is it done immediately, do I have to send more paperwork to NVC? If you want to look at all the possible grounds for rejection, see INA 212. You can look at it by going to the uscis.gov web page, clicking on the "laws" tab, and then "immigration and nationality act", and another time on "immigration and nationality act", and finally "ACT 212". It's dry reading. It doesn't sound like you have any obvious problems. On the off chance that you get a rejection, it's important to stay as calm as possible and inquire about the next course of action. Make sure she doesn't leave the consulate before she gets a paper that describes why she is being rejected. It'll probably be a reference into INA 212, such as 212(a)(9)(B) (that would be the code for a previous overstay). Also try and make sure she understands whether it's a delay (for example, we have to wait for some vaccination records to be received, and then you'll get the visa), or a denial (for example, we believe you made a willful and material misrepresentation of fact on your application, and we are returning your paperwork to the USCIS). 8. How does Customs in the US fit into all of this? If she's been approved by the USCIS, NVC, and the US Embassy... do they just check the paperwork and verify or is there another interview (and in the Customs' case harassment) process we have to go through with them? Can they not allow her entry? If so, on what grounds? If she is rejected, what is the appeal process? The port of entry will be easy. They'll mostly ask routine administrative questions such as querying what address to use for sending the green card. They DO have the ability to turn any alien away, so be polite and respectful, of course, but they won't turn her away arbitrarily. They'd have to find a reason to turn her away, and the reason would have to be something that the people who issued the visa hadn't already investigated. The won't re-visit the things that were already covered in the visa interview. The whole purpose of the visa process is so that the time consuming difficult stuff can be handled at a consulate, and leave the port of entry relatively streamlined. Though it's possible, I've never heard of anyone being turned away at the port of entry with a CR-1 visa. I have heard of K-1 applicants being turned away when the officer noticed evidence that they might have been married (K-1 is for unmarried fiancees only), but that's the only serious port of entry problems I've heard of here on VJ.	lucyrich	Not Telling	Venezuela	2010-02-03 18:35:00
IR-1 / CR-1 Spouse Visa Process & Procedures	2009 Tax returns (for interview)	You'll eventually have to show them your 2009 tax returns, if not for a visa, then for adjustment of status, and if not for adjustment of status, then for removal of conditions. Or eventually for citizenship, if you decide to pursue that. So file those taxes correctly. Immigration officials don't care about much of anything except that they're filed, and that you use one of the statuses that's legally available to married people. The filing status "single" is not legally available to anyone who is married (unless they are under a court-ordered separation agreement, but that would probably make immigration difficult/impossible). See IRS publication 519. You can either file married filing jointly or married filing separately. If you file jointly, you'll probably have to sign a paper electing to treat your nonresident alien spouse as a resident. That would make you have to declare her income. But under the foreign earned income exclusion, she probably won't be taxed on the first $87,000 or so of income (I've forgotten the exact amount, but it's in that neighborhood). Or you can file "married filing separately", to avoid declaring or paying tax on any of her income, but your own income tax rates will be higher.	lucyrich	Not Telling	Venezuela	2010-02-06 00:12:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Income tax question	I assume you meant you were married in December of 2009, not December of 2010, since December of 2010 is in the future. Since you were married as of December 31, your choices are to file as "married filing jointly" or "married filing separately". Perhaps if you have a qualifying relative living at home with you (not your spouse), you might be eligible for "head of household", but there are other requirements which must be met for that status. Note that the filing status "single" is not available to legally married persons, regardless of the place of residence of the spouse, or the immigration status of the spouse. And note also that you'll probably be showing your tax returns to immigration, either for an affidavit of support, an I-751 petition for removal of conditions, or an N-400 naturalization petition, or some combination of these, so you probably want your return to correctly reflect your marital status. Filing as "married filing separately" is straightforward, but probably expensive. While there's a place for your spouse's SSN, you don't need to put anything in there if your spouse does not have and is not required to have a SSN or ITIN. (see pub 17 http://www.irs.gov/p...blink1000170777 ) Filing as "married filing jointly" requires that your wife also sign the return, and declare her worldwide income. She may not have to pay tax on income earned outside the US, but she'd still have to declare it. It would also require that the two of you sign a paper saying you elect to treat her (a nonresident alien spouse) as a resident for the 2009 tax year, since otherwise, a nonresident alien is ineligible to file a joint return. It probably also requires that she file a W-7 to get an ITIN. Publication 519 gives details. http://www.irs.gov/p...ublink100038991	lucyrich	Not Telling	Venezuela	2010-03-21 14:53:00
K-1 Fiance(e) Visa Process & Procedures	Just to Clarify...	Your original birth certificate is maintained in a vault somewhere by the government. The closest to an original you're ever likely to see is a certified copy. This has a raised seal or stamp that certifies that it's a true and accurate copy of the original maintained in the vault. The raised seal or certification is done by the same government agency that maintains the original, and you get the certified copy directly from the agency that keeps your original (often a county clerk, county recorder, or similar). Since a certified copy is the closest to an original that most people see, some people erroneously call a certified copy an original. This is the source of a lot of terminology confusion. Any photocopy of a certified copy is just a photocopy. For USCIS purposes, notarization doesn't help or hurt a photocopy. Notarized or not, it's still a photocopy. When you submit a petition to the USCIS service center, you may send an ordinary photocopy of any birth certificates/marriage certificates required. At the interview, you should bring the certified copies from which you made the photocopies. They'll want to look at the certified copy, verify the seal, and keep the photocopy.	lucyrich	Not Telling	Venezuela	2006-02-01 15:59:00