ForumTitleContentMemberSexCountryDate/Time
K-3 Spouse Visa Process & ProceduresI-130 rejected
Ok... probably stupid question, but I'm hoping my instinct is wrong.

I just received the I-797 NOA on my I-130 submission. It was rejected because of "incomplete address" (I guess the standard Costa Rican address of "400 meters west and 250 East of the church in san antonio, escazu, san jose, costa rica" wasn't good enough for USCIS).

Two questions:
1.) What the hell address should I put?
2.) Can I file the I-129F now? I can't find the answer anywhere online. It just says that when you file the I-129, you need to include your I-797... it doesn't say the 797 needs to have good news on it!
redtapenightmareFemaleCosta Rica2011-03-04 09:37:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAnother (annoying) I-864 question...

Bogota turned us down, since I had not met the 2010 income requirements, even though my job since 8/2010 has an annual income of over 30000 for a family of 3. We will try again, but this time include my wife's 1/4 ownership of her home before I built a GREAT patio, bedroom, and new bathroom addition. A 20,000,000 COP investment should impress Bogota! We even have a solar hot water shower!


Did Bogota explicitly say that they turned you down because your 2010 income wasn't enough or are you just assuming that was why? I have researched for hours this subject, and I haven't ever heard of that happening.
redtapenightmareFemaleCosta Rica2011-06-27 14:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAnother (annoying) I-864 question...

Hi all,

Well, right now I'm at the NVC stage (finally!) and have paid the AOS bill. Now, last year I didn't make enough to meet the poverty levels (by $2,000 :crying: ) and need a co/joint sponsor. I don't really have anybody that can help me out in that area as well, I don't have basically any family here and I don't have friends that can help me out. I live with my mom and my step dad. They are willing to sign anything that I need but I'm afraid that they won't qualify. I understand when a co-sponsor is used they fill out the I-864 and a household member fills out I-864a. They do not claim me on their taxes nor I them.

How does the I-864a work? Is their income supplemental to mine?


I am in the same boat! I was living in Costa Rica all of 2010, and my income didn't reach the 125% of poverty level. However, now that I'm back in the states and working at more than 125% of poverty level, I should be ok. From what I understand, they only demand that your CURRENT income is above the 125% threshold. You can provide past income tax forms to make a stronger case about your financial stability, but as long as you are currently meeting the reqs, you should be find.

Fill out the I-864 independently of your other family memebers if you are meeting the 125% limit.
redtapenightmareFemaleCosta Rica2011-06-27 13:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat visa?

Guys before responding the questions, on wht basis does she qualify for the CA passport? Her husband is not a CA citizen.


I wasn't pretending to be the authority on Canadian passports. I know that Canada has more flexible immigration laws, and that it is easy to come and go on a Canadian passport. Maybe there is some avenue for her to get one.
redtapenightmareFemaleCosta Rica2011-06-27 17:37:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat visa?
Also, if you do not have a source of income that is 125% of poverty level and will continue FROM THE SAME SOURCE after immigrating to the US, you can't apply for the CR-1 or K-3 (exception is if you get a sponsor or have a lot of liquid assets in the bank).

If she can't get a tourist visa, maybe she can get a Canadian passport- she can come and go freely with a Canadian passport.
redtapenightmareFemaleCosta Rica2011-06-27 17:22:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat visa?

She was previously unsuccessful in using her Canadian temporary work permit to indicate established ties to Canada. She recently completed Ph.D. studies in Canada and has only worked for a few months at her current job. We are tempted to apply for a K-3. This would at least give us 2 years of entry for her. I also understand that I can't even apply for a CR-1 as I am not currently a resident of the US. Would my Canadian residency also disqualify me from sponsoring her K-3?

I now wonder if our options will be any difference once she becomes a permanent resident of Canada.


The K-3 is useless. It was created only to ease a backlog problem in 2001 (not 100% sure on the year). In order to file the K-3, you first have to present the I-130/CR-1 docs. As soon as the I-130 gets accepted, the K-3 that you petitioned for becomes null and void as the 'need' isn't there anymore. This info isn't on USCIS website, it is on State Dept Website.

To apply for the CR-1/I-130, you have to establish domicile. If you vote, pay taxes or rent an apartment- you're domiciled, to the best of my knowledge.

Your best bet is applying 'together' for the tourist visa. I would submit all of the same documents that are required for her-- for you too (i.e. YOUR proof of employment, leases, property ownership docs, letters from your rabbi-- she's not going to overstay her us visa if you are rooted in Canada.
redtapenightmareFemaleCosta Rica2011-06-27 17:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat visa?

I am a US citizen currently residing in Canada as a permanent resident.
I recently married a citizen of China, currently residing in Canada as a temporary resident.
We were married in Canada earlier this year.
We have no plans to move to the US at the present time.
We do, however, want to travel to the US periodically to visit family.

Prior to our marriage, she was denied a tourist visa due to insufficient ties to her home country.

It doesn't make sense to me to apply for a CR-1 since we do not intend to move to the US.
Same for a K-3 visa.

So what visa do we apply for this purpose?

Thank you.



That's a tricky one. It is difficult for spouses of US citizens to get tourist visas-- they post it right up on the DoS website. But I don't see any other type of visa that would work for her... Make sure that she applies showing ties to her place of residence (Canada), not home country (China). Also, include evidence of YOUR ties to Canada, as it is indirectly evidence that she will return to Canada.
redtapenightmareFemaleCosta Rica2011-06-27 16:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPay Stubs to NVC?

That would delay your ability to schedule an internview though, correct?


It would delay my ability to interview, and seems like a silly reason to be apart for X months longer than we already have to.

I imagine that if they're not happy, they will just pull a 'request for more evidence'... hopefully by that point I will have enough 'evidence' to give them!

Even if they reject us for this, I believe it just means we have to start over at NVC (i.e. not start over at square one, USCIS).
redtapenightmareFemaleCosta Rica2011-06-27 16:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPay Stubs to NVC?
Hello,

I just received notice that our I-130 was approved. I'm starting to research the steps at the NVC and I have a question!!

I've been living in Costa Rica for the past 16 months. I will start a job in the US at the end of July, but when I send in my I-864, employer letter etc. I won't be able to send in '6 months of pay stubs,' which seems to be the accepted norm.

We don't even have a case number at the NVC yet, but I'm worried that once it comes time, I won't have nearly enough pay stubs to show stable employement?

Anyone have any experience with this? Do they care if I can only give, for example, 2 weeks of pay stubs?
redtapenightmareFemaleCosta Rica2011-06-27 13:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresChange jobs after NVC approval?
So, I moved back to the US in July to get a job, ANY job to be able to file the affidavit of support. I managed to find a job quickly, but am really unhappy with the job.

Our case completed at NVC on Aug 23, and we were scheduled the interview for Oct 27. I just wanted to know if I change jobs to one that is just as stable (full-time, permanent), AND a higher salary, do I have to re-submit my I-864 for processing and then get a new interview date?

I just got offered a better job, that I'd like to accept, but don't want to slow down the visa process if I don't have to.
redtapenightmareFemaleCosta Rica2011-08-31 15:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWithdrawing application - Help!
Don't withdraw! Just wait for it to auto-expire. I think it takes about 1 year. What if you guys change your mind?
redtapenightmareFemaleCosta Rica2011-09-10 00:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI'm not an eligible sponsor for I-1864
My husband and I just sent off a big fat visa packet at the beginning of Feb. I'm not worried about getting the I-130 approved, but when we get to the NVC and I have to sign the I-864 I'm SOL!!

I lived and worked in the US my whole life, but in March of 2010 I re-located to Costa Rica and started to work teaching English. Which means that my income doesn't qualify me to be a sponsor. My parents are pissed at me and won't joint sponsor my husband. None of my friends who are willing are also able (and vice versa).

So, the details are this:I made probably 30k in 2008, 45k in 2009 and 8k in 2010. I own a house (well, the bank owns it still but I make payments!) and a car in the U.S. I have a job offer in the U.S. and will probably return in May to start working. I'll earn about 45k also.

So, domicile won't be a problem, but I've got that one pesky year where my income doesn't qualify me... help!!

These are my ideas about how to meet the qualifications for the I-864:
1.)fabricate my 2010 taxes. Find some sleazy accountant to help me file 1099's that make it look like I earned more than I did. Then somehow (on my Costa Rica salary, which is already struggling to come up with the visa fees) come up with the back-taxes owed and pay them.
2.)enter illegally through Canada and have my husband hide in a closet until we can fix his papers

I am very open to other ideas. Very, very open.
redtapenightmareFemaleCosta Rica2011-02-23 16:47:00
K-1 Fiance(e) Visa Process & ProceduresSame sex couple K1 or lesbian wedding?
Hello,

I follow immigration law and enforcement pretty closely (I work for an immigrant rights non-profit).

Jojo is correct.

I would say do whatever you can to find another type of visa. Overstaying your student visa is an option, but the problem is that if your friend leaves, the risk is very high that she will never be able to come back (so this decision means, no visits home, ever).

I would also get married in a state that permits it. This gives you some level of protection if you ever get detained by ICE and picked up into deportation proceedings. Obama is really going back and forth every week about whether or not he is permitting deportations of homosexual spouses of US Citizens. At this point, it appears he will not be deporting them, but also not adjusting their status... so they just stay in immigration limbo (i.e. having a deportation case 'open' with ICE, but ICE just kind of ignores it to pursue other 'high risk' undocumented folks). If you do a google search you will see recent articles about this- we're really unsure of what the policy will mean for folks.
redtapenightmareFemaleCosta Rica2011-08-27 19:50:00