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IR-1 / CR-1 Spouse Visa Process & ProceduresGmail Search Screenshots
I was thinking of doing this as well. I'm very interested in what replies you will get and if you decide to do this, tell me if it was successful.

Good luck on your journey. :star:
Ivy.FemaleCroatia2011-09-22 22:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow long did you wait to file for the IR-1/CR-1 after getting married?
We're not married yet and we will probably have to wait a year after the wedding to file (if I decide to get my MA at home, which is very likely).
If the situation was different, I'd have him send the paperwork the day he goes back to the US. :D


Sending the paperwork very quickly after the wedding should not raise any red flags. It should be normal that a newly married couple wants to be together ASAP.
Ivy.FemaleCroatia2011-12-06 13:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresEntering on B2 while waiting for CR-1
P.S. My point is, with this experience behind me, I would get married and try to visit on B-2 visa in your place. Yeah, it might not work, but then again it might. Be open and honest, people recognize that and trust it. With that in mind, I would mention employment for family if asked ANYTHING about the job. If she starts picking her words and being evasive, they might pick up on it and it might backfire.

Whatever course of action you choose, I hope you will be happy and that your time apart will be as short as possible. Good luck!
Ivy.FemaleCroatia2012-07-29 21:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresEntering on B2 while waiting for CR-1
My situation is a bit different than yours (I am a full time student), but I want to post it to show you that things can go better than expected.

I am currently on my third B-2 visa. While I had my interview for the last visa, we were already engaged. I told them my six year plan (graduate + get married + 2 years for MA degree + file for IR-1/CR-1 + ask for naturalisation after 3 years in the US) and the consul laughed at me and approved my visa request. After a 6 month/M entry visa and a 3 month/1 entry visa, I received a 10 year/M entry visa.

While entering the US, I said I was visiting my fiancee and that my longest stay in the US was 2 months long and that it happened in 2011. I offered to show them our wedding invitation with a date in July in my country and the officer was not interested. He said "I know that everything is okay and that you have everything you need to have. That is why I am not asking to see it." Even though my return flight was in 3 weeks, he approved a 6 month visit.

With this experience behind me, I plan to visit my husband on my B-2 visa both before and after we file for my paperwork. I will be finishing my MA degree and I have high hopes that it will be enough for me to pass the border.
Ivy.FemaleCroatia2012-07-29 21:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow do you open a joint bank account when living in different countries???
I was looking into opening a joint bank account, too. We do not have that in my country and I was trying to figure something out with either giving him the power of attorney or giving it to my mother in law, but it didnt work out.

We decided we will just keep the monetary wedding presents in our savings account, how much goes into which account depends on the currency. We took a note of what is "ours" and hopefully one day it will become a car or part of a downpaymet for a home.

I know the joint account is used as proof of real marriage so I will see if something can be done the next time I am in the US, but if not, no biggie. I am pretty sure nobody will hold it against us if we explain why we do not have one.
Ivy.FemaleCroatia2012-07-29 21:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHere's my story
You will need to ask for residency for her in Italy. She can (as far as I know) be there 3 months as a tourist, after that time is up, she needs some kind of paperwork. You will have to look into italian laws for that. Maybe someone here is italian and knows that already, but generally that kind of info is not available here.

Good luck!
Ivy.FemaleCroatia2012-07-31 14:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuitting job before embassy interview
I have no experience, but from what I have read here, it does not matter to them if you have a job in Japan or not. What they want to see is that you intend to live in the US, so you should have a valid drivers licence, bank account, mailing address, etc. Your foreign job means nothing since you will have to quit to move anyways, so if you can afford it to quit sooner rather than later, I believe it will not influence the visa interview/process in any way.

Once again, this is only an opinion. Best of luck to you and I hope your visa journey is a quick one!
Ivy.FemaleCroatia2012-08-03 15:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhen do they decide if GC issued will have CR?
Awesome, thanks a lot!
Ivy.FemaleCroatia2012-08-06 02:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhen do they decide if GC issued will have CR?
Hello everybody.

Who makes the decision if the residence is conditional or not? Is it the consul at the time of the interview at beneficiary's US Embassy or is it the person stamping beneficiary's passport at POE?

I have tried to find the answer to my question, but I keep getting conflicting information. I understand what IR-1/CR-1 means, but I do not understand this specific point of it. Since we are planning on filing for my visa so that my point of entry is both after finishing graduate school and our second anniversary, I am really interested in this. If it is a decision that is made at the embassy, I would like to be careful as to when my interview is. If it is decided at POE, then I can relax about the timing. :D
Ivy.FemaleCroatia2012-08-05 15:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarried for 5 years & have 2 kids
I believe your wife might indeed get an expedite. A four month old baby should not be going to a hospital, let alone a hospital in another country without its mother. :/ Your wife could also be breastfeeding, therefore be the baby's food source, not just a parent.

Good luck with your procedures and I hope your child has a speedy recovery!
Ivy.FemaleCroatia2012-08-09 16:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCould participating in DV lottery affect the case?
Hi all,

I am married to a US citizen. We do not plan on filing for my IR-1/CR-1 visa for another year because I want to finish graduate school in my country before moving to the States.
The timeline would be as follows:

2012, summer - Married
2013, fall - Start the IR-1/CR-1 process
2014, summer - Graduate MA program
2014, fall - Move to the US

This is our current plan. I was thinking about applying for the 2014 Diversity Visa program (DV-2014) later this year. If I get it, we would be saving a lot of money that usually goes for the IR-1/CR-1 process. If not, no biggie, we would simply apply for IR-1/CR-1.


However, it did cross my mind that they might ask if I have ever applied for an immigrant visa before, in which case I would have to answer affirmative. Should this occur, would it cast a doubt on the ... ummm.. bonafidety (?) of our marriage? I would hate to create potential problems with our case just because I wanted to save some money...

I would love to hear what your opinions are.

Thanks,
Ivy
Ivy.FemaleCroatia2012-08-15 08:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresChange of mind: Cancel K1 to get CR1 instead
I do not know how to help you with K-1 and CR-1 questions, but I have some experience to offer regarding entering the US.

I went through 3 interviews for tourist visas (B-2) and I entered the US four times. I said I was visiting:
1. My friend (2008)
2. My boyfriend (2011)
3. My fiance (2012)
4. My husband and in-laws (2012)

At my 3rd interview (where I declared my intent to marry a USC) and 4th POE I was asked about where we will live and if I will move to the US. I said yes, but not yet as I want to finish my MA in my country where I have it for free. That's why we are not starting my CR-1 process yet.

When they saw I knew what I was talking about, they said "Okay" and issued a 10-year tourist visa/5 months+29 days permission to stay in the US.

I honestly believe she will have no problems at POE. I would not answer questions they did not ask, but even if it comes to that, don't be worried. With her history, passport and simple honest answers she should have no problems at all.


Best of luck!
Ivy.FemaleCroatia2012-08-21 15:08:00
IR-1 / CR-1 Spouse Visa Process & ProceduresGoing back to my country to apply for CR-1
No. That would be visa fraud.

You are not allowed to enter the US on a tourist visa with the intention to stay. On this trip, that did not happen. If you leave the US and then come back to AOS, you will have entered with intention to stay. You might get away with it, but it would be illegal.
Ivy.FemaleCroatia2012-08-23 22:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTo travel or not to travel?That is the question.
Update: I am in the US! Sitting at the POE airport as I write this.

They asked me why i was here, I said I was visiting my brand new husband and his family. Then we chatted a bit about that, how we met, how often we see each other, if he will petition for me.

I explained why he will not be filing the petition yet, the officer was very understanding and approved my stay ubtil Feb 15th, 2013.

She did not want to see my return ticket at all.
Ivy.FemaleCroatia2012-08-16 14:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTo travel or not to travel?That is the question.
Hi lynndy38!

I am in a.. sort of, similar situation. I married a US citizen and I plan to visit him in the US. The difference is, we didn't even file for IR-1/CR-1 yet since I do not plan to move to the US before I graduate.
I have been in and out of the US 3 times already and I am flying again tomorrow.

I am hoping there will be no problems at POE. If you want, I will come back here to tell you how it went and what they asked me!


Good luck and I hope your visa process is a speedy one!
Ivy.FemaleCroatia2012-08-15 13:17:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAt what point do we start becoming stressed out
Whar kind of visa does your husband currently have? Entering the US while applying for IR1 does not void anything.
Ivy.FemaleCroatia2012-09-21 16:16:00
IR-1 / CR-1 Spouse Visa Process & Procedureswife is pregnant, what effects on process
I am not sure, but I think the child will not become a US citizen. I found this:

INA: ACT 320 - Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired 1/


Sec. 320. [8 U.S.C. 1431] (a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.
(2) The child is under the age of eighteen years.
(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.


(b) Subsection (a) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 101(b)(1) .


FOOTNOTES FOR SECTION 320

INA: ACT 320 FN 1
FN1 Section 101(a) of Public Law 106-395, dated October 30, 2000, revised section 320 in its entirety.


Link.

I also saw this:

Transmitting Citizenship to Children Born Abroad

Due to restrictive provisions of U.S. law, not all Americans residing abroad can transmit citizenship to their children, and since some countries do not grant citizenship to the children of U.S. citizens who are born there, it is even possible for such children to be born “stateless” and not be eligible for a passport.

Children born to American citizens abroad can inherit U.S. citizenship only as specified in Sections 301 and 309 of the Immigration and Nationality Act as follows:

  • IF BOTH PARENTS ARE U.S. CITIZENS AND ARE MARRIED: a child born abroad is a U.S. citizen at birth if either of the parents has ever resided in the United States (no amount of time specified).
  • IF ONLY ONE OF THE PARENTS IS A CITIZEN OF THE UNITED STATES: the U.S. citizen parent must have resided in the United States for a period totaling not less than five years, at least two of which were after the age of fourteen. ("Residence" in this case includes time spent abroad on U.S. military duty or employed by the U.S. government or by certain international organizations.)
  • IF A U.S. CITIZEN MOTHER GIVES BIRTH TO A CHILD OUT OF WEDLOCK: she must have resided in the United States for one uninterrupted year at any age prior to the child’s birth.
  • IF U.S. CITIZEN IS THE FATHER OF A CHILD BORN OUT OF WEDLOCK: he must satisfy the residency requirements of Point 2, and he must also establish the blood relation, agree to support the child up to age 18 and assume legal paternity of the child before he/she reaches 18.
To facilitate transmission of citizenship and to avoid the hardships of statelessness, an American citizen should not have any residency requirement to be able to transmit nationality to his/her children.


Link.

There may be information to contradict me, but I have not seen it so far.
Ivy.FemaleCroatia2013-01-20 16:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresClarification on visiting U.S. during process
I have been to see my husband twice already, and we have not yet started the process yet. They let me in every time after several questions. I never had to show any documents. I can only imagine things being easier with a NOA1/2 in hand. :)
Ivy.FemaleCroatia2013-03-19 09:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPort of entry question
Your husband can land anywhere in the US. Point of Entry is the first airport he lands in the US, but he could continue his journey to another airport.

In my case, I always travel to San Antonio, TX but I can not land there directly from Europe. So, my point of entries have been Chicago, Washington or Houston (usually) and then from there I take a flight to San Antonio. :)

It is possible nobody left a review at your airport.

Edited by Ivy., 13 April 2013 - 04:10 PM.

Ivy.FemaleCroatia2013-04-13 16:03:00
IR-1 / CR-1 Spouse Visa Process & Proceduresimmigrant spouse being asked by US husband's accountant to file taxes US??

Well I hope it works out for you! biggrin.gif

Quick update:

 

My husband got my INIT by mail cca 2 months afer filing our taxes. He also got an envelope with the copy of my passport returned and a note saying our tax refund will be paid once they process my INIT. :)


Ivy.FemaleCroatia2013-05-12 07:05:00
IR-1 / CR-1 Spouse Visa Process & Proceduresimmigrant spouse being asked by US husband's accountant to file taxes US??

Did you note in the W7 instructions that you cannot just photocopy your passport but it must be a certified copy by issuer. So that means whomever issued your passport must provide the copy, no other copy is acceptable. I'm not sure a verified copy by the US embassy will be acceptable to the IRS.

I can not get a certified copy of my passport from the issuer. The embassy seemed to think that their verified copy will be ok, they printed out the W-7 form and instructions for me.

Edit:
My embassy does not mention W-7 on their webpage, but here is another US consulate that verifies copies for W-7 purposes: http://canberra.usem...v/itin_w-7.html

Edited by Ivy., 13 April 2013 - 10:26 AM.

Ivy.FemaleCroatia2013-04-13 10:20:00
IR-1 / CR-1 Spouse Visa Process & Proceduresimmigrant spouse being asked by US husband's accountant to file taxes US??
Sorry, it was not clear in my post. W-7 was for me, foreign spouse. It is a request to get individual taxpayer identification number, an alternative for when social security number is not available.
Ivy.FemaleCroatia2013-04-13 05:37:00
IR-1 / CR-1 Spouse Visa Process & Proceduresimmigrant spouse being asked by US husband's accountant to file taxes US??

I understand that if filing taxes jointly and submitting a W7, one must include certified copies of documents (eg passport or national id card) from the issuing agency. My question is, What is a certified copy of those documents? Are government offices able to generate copies of the official documents that they will also certify? What is the process?


We filed Married filing Jointly and at the same time I applied for my INIT. I submitted a W-7 form together with a photocopy of my passport (the page with the ID, not all pages) that was verified by the US Embassy in my country to be identical to the original. The Embassy calls this "notarial services" and they charged me $50 for that. We entered our taxes online, then printed out the forms (we could not e-file, it kept asking for my SSN) and sent it all together via snail mail. We expect our return in 7-8 weeks.
Ivy.FemaleCroatia2013-04-12 06:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAbout to send in my I-130 and would like input on the item's that I have included
Item #21 should say BBM logs, not log's. Other than that, looks good! Good luck!
Ivy.FemaleCroatia2013-05-18 18:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHelp/Advice Needed for I-130 IR Supporting Documents

I will print and mail that form to my husband, i don't know what others do. Maybe sign at the interview?


Ivy.FemaleCroatia2013-05-19 11:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHelp/Advice Needed for I-130 IR Supporting Documents

Ivy,

Please elaborate. This is consular processing, and if all goes to plan, the average time is 6-7 months, but can be done little or little more. So where do you imply the delay to be?

Oh, your post or time line did not say that (or I might have missed it). It would be different for you then. Sorry.


Ivy.FemaleCroatia2013-05-18 13:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHelp/Advice Needed for I-130 IR Supporting Documents
You will not get an interview date before her tourist visa expires, not if everything goes normally (no expedite). The best I would hope for is NOA2.
Ivy.FemaleCroatia2013-05-18 04:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 Petitioner interview before NOA2?
My husband is also in San Antonio,TX so I would really appreciate an update to this thread after the interview. Good luck!
Ivy.FemaleCroatia2013-05-18 04:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVWP and marrying

 If your married your spouse can stay in the USA with no penalties to your case.
 

As far as I know, your post is not correct. A spouse that enters the US with the intent to stay commits visa fraud just like anyone else.

 

Although I should warn you, if its an arranged marriage, and they're entering on a VWP, that's clearly intent to marry. They will deny you if you come in on VW with intent to marry because they make a fiance visa.

It is not visa fraud to marry on VWP or some kind of non-immigrant visa. It is visa fraud to enter with intent to immigrate. One can enter, get married, leave and do everything legally.


Edited by Ivy., 18 May 2013 - 01:31 PM.

Ivy.FemaleCroatia2013-05-18 13:30:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVWP and marrying
Speedwell,you never submitted any proof of a bona fide relationship? Previous visits, joint bank accounts, leases to both names, etc?
Ivy.FemaleCroatia2013-05-18 07:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVWP and marrying
Sorry, I don't know where I saw UK. I presume one should have proof of it being an arranged marriage, esp. If an agency was used. If btgh spouses belong to that culture, it should be ok.

Sorry, I don't know where I saw UK. I presume one should have proof of it being an arranged marriage, esp. If an agency was used. If btgh spouses belong to that culture, it should be ok.
Ivy.FemaleCroatia2013-05-18 07:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVWP and marrying
Hopefully one would have lots of emails and phone calls before the marriage to prove a bona fide relationship. This is sent together with I-130. Without it, the petition might be considered fraudulent, esp. in the UK.
Ivy.FemaleCroatia2013-05-18 07:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1

As the others have said, you will have problems with your year of birth and it would be best to hire (a good) lawyer with experience with immigration.

 

May be we should not start the petition, at all or what do you suggest? I am not desperate to relocate, more so we are looking at sometimes in January, 2015 to file the petition because I will still be busy with school till the end of November, 2014, so we are thinking January,2015 to file the petition.

You should keep in mind that normal CR-1/IR-1 petitions (meaning: no problems, waivers, petitioner is in the US, beneficiary is in his home country) take 10-12 months to process. You're looking at a year of paperwork and waiting. If you file your petition Jan 2015, you would probably not get your visa until Dec 2015/Jan 2016, maybe even longer because you are looking at a difficult case.

 

I advise filing between Aug-Nov 2013 if you wanna move when you are done with school. That should give you enough time to find a lawyer and work through this. A visa is valid for 6 months after the medical exam and an interview (and, thus, the medical exam) can be postponed to fit your school schedule.


Ivy.FemaleCroatia2013-05-19 12:38:00
IR-1 / CR-1 Spouse Visa Process & Proceduresquestion about the G-325A for a cr-1 visa

We are just starting this as well and we figured it would be best for me to fill out the form, sign it and send it via snail mail. You also need passport style photos of the beneficiary, so make sure he sends those together with the form, so you do not have to wait for the letter twice.

 

Good luck and speedy processing!


Ivy.FemaleCroatia2013-05-27 17:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDo you think I can change my name during my interview ?
O,h I think that is wonderful! :) I like countries that do something like that, where the woman keeps her name. Great :)
Ivy.FemaleCroatia2013-05-23 04:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDo you think I can change my name during my interview ?
I believe your names on US papers should match your legal name in France. I dont't know much about French naming laws but Croatian law allows one to have two first names and two surnames. I was thinking about keeping my last name and being Ivy Maiden Married but I would have to write it as:

First name: Ivy
Middle name: N/A
Last name: Maiden Married

...because Croatian law would not let me turn my maiden last name into a second first name (middle name).

In the US, it is common to use maiden name as middle name from what I have heard so check the french laws. I would think you should stick to that and see if this "name change" would produce any problems in France?








Ivy.FemaleCroatia2013-05-23 03:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresGoing it alone
OP means "original poster", the person that started the thread.
Ivy.FemaleCroatia2013-06-09 20:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNewbie here, I have some questions about CR-1 process
As far as immigration is concerned, your civil marriage is the real one. Religious ceremony is an option. Make sure you always use your civil wedding date as wedding date and not the church one.

As penguin said, cr1/ir1 takes a year. Your wife could visit in jan for up to 6 months if allowed but would not be able to move yet. She needd to do her medical and interview in brazil.


Ivy.FemaleCroatia2013-06-09 20:22:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFriend needs help!!

I would stay in the US and file for AOS if I were her and if I did not have immigrant intentions at POE. Overstay would be forgiven then from what I read, because she is married to USC.


Ivy.FemaleCroatia2013-06-21 17:43:00
IR-1 / CR-1 Spouse Visa Process & ProceduresStep son I-130?

 Anyway, thanks for your reply. Why wouldn't we be eligible for follow to join benefits? You say we would have to file a I-130 but what is the reason behind that? Thanks.

I have no children involved in my case so I was never researching this. I saw this in I-130 instructions:

 

Who May File Form I-130?

1. If you are a U.S. citizen you must file a separate Form I-130 for each eligible relative. You may file a Form I-130 for:

A. Your husband or wife;

B. Your unmarried child under age 21; 

 

So, you may petition for a child you are not a biological parent to if you are married to their mother. You will need:

 

 

  • A copy of your step-child?s birth certificate issued by civil authorities
  • A copy of your civil marriage certificate to your step-child?s biological parent
  • Proof of the legal termination of all previous marriages for you and/or the biological parent (divorce decree, death certificate, annulment decree)

 

 

The last info comes from USCIS. I'll stop googling this now since I am sure you are more than capable of doing it on your own. Maybe someone who went through this and knows what they are talking about comes along. :D


Ivy.FemaleCroatia2013-06-22 08:56:00