ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 question 18 - U.S. address where relative intends to live
Agree with NLR, "To be determined" is an appropriate response for the I-130.  Issues such as domicile and needing an actual address can be dealt with after the I-130 is submitted (but need to be worked out before the I-864 and DS-260 is submitted).

Edited by Ryan H, 13 August 2014 - 10:03 AM.

Ryan HMaleChina2014-08-13 00:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHello VJ Peeps, I'm A Newbie & A Bit Overwhelmed
Tom, if you have the funds to pay the I-130 filing fee now, then go ahead and file the form now (you would have to send it to the lockbox in Chicago, the office in Johannesburg only takes forms from US Citizens living in South Africa). Additionally, if you were to send the file from Namibia, use a service such as UPS, FedEx, or DHL. If your file were to reach the NVC before you had the necessary funds you mention, you can delay processing of the case at the NVC. The NVC keeps a case active from the date the last time they are contacted by the petitioner, beneficiary, or lawyer/other designated agent (if applicable).

This is only a suggestion, it may save you some wait time down the road.


Ryan HMaleChina2014-08-13 09:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864EZ accepted by NVC but not by CO!!

***Posts in separate thread moved to this thread.***

 

**Moderator hat off**

 

As an FYI to others who may be reading this, the NVC does not "accept" an I-864 or I-864EZ; they only check the forms form completeness and that the minimums are met.  It's a CO that decides whether to accept an I-864 or require a joint sponsor.


Edited by Ryan H, 13 August 2014 - 01:04 AM.

Ryan HMaleChina2014-08-12 18:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI have quick question. Please Help!!

To get the semantics out of the way first, you are not "applying for your wife," you filed a petition.  Second, when referring to an I-864, "joint sponsor" is the proper term, not co-sponsor.

 

Now to answer your question:

 

Your brother should have submitted an I-864, not an I-864A.  The I-864A is for individuals in the same household combining income in order to qualify.  By your own statements, you have no income to combine with your brother.  Therefore, an I-864 should have been completed by him as a joint sponsor, not a household member.


Ryan HMaleChina2014-08-13 00:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFilling AOS for petitioners with foreign income

Moved from Progress Reports to Process & Procedures.


Ryan HMaleChina2014-08-04 18:47:00
IR-1 / CR-1 Spouse Visa Process & Proceduresplease help sick woman

 ***One post contributing nothing to the discussion removed; either post constructively or do not post.***


Ryan HMaleChina2014-08-09 02:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNVC - I864 Questions

Moved from Progress Reports to Process & Procedures.


Ryan HMaleChina2014-08-12 00:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWithout residential address and moving, help!

I thought the beneficiary had to be Mexican.

 

Any beneficiary legally residing in Mexico can interview there.  If the beneficiary was a non-Mexican citizen, they would ask for the unexpired passport of that citizen's country.


Ryan HMaleChina2014-08-15 04:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWithout residential address and moving, help!

OP, there are some problems with this post.  I have lined out what should be disregarded and added my corrections in bold and red.

 

I am assuming that you are the 'petitioner and US Citizen' and your wife will be the 'Beneficiary'.

 

If this is the case, and your situation is as dire as it sounds, then it might be an idea to consider moving back to US to get settled and working, and then apply for the K3 file an I-130 to begin the CR-1 spouse visa [process] for your wife to eventually join you. 

 

You should NEVER lie or fabricate information for US immigration. Being honest is ALWAYS the best policy. If your situation is genuine, then you have nothing to worry about.

 

I believe (please always verify any advice you receive from any third party on the USCIS website) that you will need to be living in the US to file to sponsor your wife, for her to move to the US. You will need a stable address and you will need to meet the financial threshold to be able to sponsor her. Once your sposorship is approved, your wife will then need to apply for the K3  CR-1 visa from a country that she is resident in (It can be a country other than her country of Citizenship, however it is down to the local consulates descression as to whether they will process her or not - I believe this is dependant on the applicants visa status for that country, the amount of time they have been residing in that country, and also individual country policy, which varies. Your wife will need to provide evidence of a bonafide marriage, to prove that your relationship is genuine. She will also require police checks (possibly multiple as you have been travelling together) and a medical examination prior to interview. 

 

It's a long process, and there are a lot of hoops to jump through, but it's worth it in the end. There are lot's of links on this website for every process and example forms that you will need to complete to include in your application. 

 

What you decide to do is completly your decision - If you decide to go the K3 visa CR-1 route, then I would utilize this website to the fullest! It's packed with information and helpful people who can understand and support your journey!

 

Good luck! :)

 

There was too much to correct in the paragraph that I lined out so I will outline the corrections below:

  • You don't need to be living in the US in order to file the I-130 (as you are already aware).  However, after the petition is approved and moves on to the next stage, you will need to show that you have maintained or are working to reestablish a US domicile.
  • Whether or not the I-864 is ultimately accepted is determined by a CO at the beneficiary's interview at the Embassy or Consulate.  No "sponsorship" is approved before the beneficiary's interview.
  • Current USCIS and State Department policies and procedures have rendered the K3 an obsolete visa type that is rarely granted.  Additionally, the CR-1 is a superior visa because it is an immigrant visa that results in a green card on arrival.  The K3 is a non-immigrant visa requiring holders to go through the Adjustment of Status process before obtaining a green card.
  • Sending evidence of a bona fide marriage is often done when the I-130 is submitted.  Such evidence is brought to the interview but not always asked for by a CO.
  • Multiple police clearances are only necessary if you have been living outside of your country of citizenship for 1 year or more and were over 16 years of age at that time.

Ryan HMaleChina2014-08-10 11:28:00
IR-1 / CR-1 Spouse Visa Process & Proceduresincluding children on the I-130 form (split topic)

Posts split into separate thread as poster is asking about their own situation and not replying to the OP of the other thread.


Ryan HMaleChina2014-08-15 08:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFurther Information

If she approved for a visa at the interview, her passport will be held so the visa can be affixed to it.


Ryan HMaleChina2014-08-15 08:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresForm I-797c Biometrics Fee $1

There isn't any biometrics fee when filing an I-130.  Keep on them until this is removed.


Ryan HMaleChina2014-08-15 08:15:00
IR-1 / CR-1 Spouse Visa Process & Proceduresthe right IV documents to send

Moved from Progress Reports to Process & Procedures.


Ryan HMaleChina2014-08-15 05:18:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNeed some advice on spouse visa
Moved from What Visa Do I Need - Family Based Immigration to IR-1/CR-1 Process & Procedures.
Ryan HMaleChina2014-08-12 09:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNew to site

ME and my wife have been married for a 1 month what do we use to send with i130 to prove relationship, when I stay in U,S and she stays in Jamaica and I cant put her name on anything in the U,S because she is not here in the U,S we have phone records Skype text message photos , all the flights itinerary , weddings photos to send when it reaches NVC, and embassy for interview, so can someone please tell me what do we use to send to uscis besides, marriage certificate.

 

Don't worry about not being able to put her name on anything here in the US, USCIS does not require nor do they expect a couple living apart in separate countries to have joint bills, accounts, property, etc.  Much has been said about affidavits in this thread, forget them, they carry little to zero weight in the overall evaluation of a file.  Focus on evidence of time spent together in-person, that is your strongest evidence.  Go ahead and send some of your phone, Skype, and text records with the I-130.  Also include photos with the I-130.

 

Don't wait for the interview or even the NVC phase to submit evidence of your relationship; more often than not, a CO will not request to see it and will immediately pass it back without so much as a glance if an interviewee passes to the CO during the interview.


Ryan HMaleChina2014-08-15 08:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 (split topic)
***Post split into separate thread as poster is asking about their own circumstances and not replying to the OP of the other thread.***

**Moderator hat off**

When referencing an I-864, "joint sponsor" is the proper term, not co sponsor. Any US Citizen or Green Card holder can be joint sponsor as long as they are willing to agree to the terms of the form.

Edited by Ryan H, 15 August 2014 - 05:07 PM.





Ryan HMaleChina2014-08-15 17:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat's next after noa2..???

***Prior to yesterday, the last post in this thread was over 1 year ago.  Furthermore, the OP of this thread has not been active on VJ for 10 months; closing old thread.***


Ryan HMaleChina2014-08-16 03:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat's next after noa2..???

Moved from Progress Reports to Process & Procedures.


Ryan HMaleChina2013-05-12 08:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNote: if you have a lawyer/attorney/legal representative from the I-130 petition, then they'll be automatically selected as agent for your case, thus

***Duplicate threads merged; please do not start multiple threads asking the same question.***


Ryan HMaleChina2014-08-16 03:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNVC Checklist, what to send?

They only need the updated form with the necessary corrections.


Ryan HMaleChina2014-08-16 03:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS I-864 part 4

Moved from Progress Reports to Process & Procedures.


Ryan HMaleChina2014-08-16 04:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresExpedited Requests 2014

Moved from Progress Reports to Process & Procedures.


Ryan HMaleChina2014-08-16 04:24:00
IR-1 / CR-1 Spouse Visa Process & Procedurescan i change my green card address ?
~~~One post removed for excessive rudeness.  Another post removed that quotes the removed content ans was baiting in nature.  The removal of these posts is covered by the below provisions of the TOS.~~~
 
 

 
By way of example, and not as a limitation, you agree that when using the Service, you will not:
 

  • Restrict or inhibit any other user from using and enjoying the Forums.
  • Make comments in a Post either direct or implied toward another member that are purposely designed to upset, antagonize, make fun of, belittle, harass, insult, or otherwise instigate an argument that takes away from the personal enjoyment of the Service by other users
 
 
>>>Closed for review.<<<

***After a review of this thread by VJ Moderation, it will remain locked under the below quoted provision of the TOS. A spousal visa is for coming to live with your spouse, if that is not your intent, then use of such a visa for other purposes would be fraudulent. Do not restart this thread.***

By way of example, and not as a limitation, you agree that when using the Service, you will not:

  • Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

Edited by Ryan H, 17 August 2014 - 11:30 PM.









Ryan HMaleChina2014-08-17 15:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRequest For Evidence

Hello All,

 

I have recently (15th August )filled my I-130 and keep on reading these forums to gain more information. I will like to ask that when the time comes for the RFE (Request for Evidence) what should I provide them ?

 

Given that my wife and I do not have a joint account as UAE law's don't allow to have a join account unless both are working.

 

We cannot have a mutual car ownership as that is not possible. 

 

We don't have any children yet.

 

We don't own any property.

 

 

In this case what RFE should be provided ?

 

Thank you.

 

USCIS does not require nor do they expect a couple living apart in separate countries to have the items you list above.  You won't get an RFE for these items if you included required documentation and other evidence of your relationship.


Ryan HMaleChina2014-08-17 15:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresLine 21 on I-130 application

To get the semantics out of the way first, the I-130 is a petition form, not an application form.

 

An appropriate way to answer question #21 would be to write, "We have not yet lived together."  "None" is also an appropriate answer for this question.

 

DO NOT write "N/A" for this question, the question is applicable to you.


Ryan HMaleChina2014-08-17 15:30:00
IR-1 / CR-1 Spouse Visa Process & Proceduresevidence to uscis

She knows everything that happened, should I also send the proof with her at that time

 

Yes, have her carry it to the interview along with other evidence of your relationship.


Ryan HMaleChina2014-08-17 17:13:00
IR-1 / CR-1 Spouse Visa Process & Proceduresevidence to uscis

The circumstances surrounding the end of your previous relationship are irrelevant to your current petition so leave out these items with your current petition.

 

Here's the but (and it's a big one), you will need to make sure your  new wife knows every last detail of what happened.  At interview time, the details of your past relationship are fair game for a CO to ask about and if your new wife is unable to answer such questions, it could adversely affect the result of the interview.


Ryan HMaleChina2014-08-17 15:11:00
IR-1 / CR-1 Spouse Visa Process & Procedureswhat are the fees to pay at NVC ..aos ? iv? ds ?.like everything
Fees that are paid to the NVC can be found here: http://www.visajourn...php/NVC_Process

There is also a $165 Green Card production fee that is paid to USCIS after a visa is issued.


Ryan HMaleChina2014-08-18 08:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresExpedite Request

Hello All

 

My Wifes father expired 2-3 months back and we are still stuck at NVC stage. My wife is going through a very tough time right now.

Can I fille NVC expedite based on the above situation with the necessary docs

 

Please advice

 

Bobby

 

A request based on those grounds is highly unlikely to be granted.


Ryan HMaleChina2014-08-18 18:25:00
IR-1 / CR-1 Spouse Visa Process & Proceduresvisa fees

Is your case at the NVC right now?  If so, then they will consider the case active for 1 year from the date of last contact.

 

Pay the fees as soon as you are able to do so.


Ryan HMaleChina2014-08-18 18:28:00
IR-1 / CR-1 Spouse Visa Process & Proceduresvisa cannot be proccesed at this time??

So lets say they dont give me a chance to rebut and outright revoke it, will i have to re apply for my wifes visa

 

If the petition is revoked, be it outright or after you submit a rebuttal, you would have to go through the appeals process.  Filing a new petition after the other one was revoked would not change the underlying reasons why the petition was revoked and you would have the same problems.

 

Be prepared to be in for the long haul on this one; if it gets to the point where you need to appeal an unfavorable decision, you may need legal or professional assistance.


Ryan HMaleChina2014-08-18 18:37:00
IR-1 / CR-1 Spouse Visa Process & Proceduresvisa cannot be proccesed at this time??

this will be sent back to the USCIS for reaffirmation. Until you get notice from the USCIS that they now have your file, you cannot do anything more.  

 

OP, reaffirmation of the petition is not guaranteed.  Based on your first post, one of the following two scenarios will occur:

 

#1

USCIS will simply agree with the Embassy finding that you and your spouse are actually related and revoke the petition with the reason being "relationship not peitionable."  You would then have to go through the appeals process.

 

#2

USCIS will send you a "Notice of Intent to Revoke" (NOIR) stating the specific reasons why the notice is being sent along with a deadline to respond to the notice (usually 30 days).  When sending an NOIR rebuttal, you must specifically rebut the stated reasons in the notice, failure to properly respond to an NOIR by the given deadline will result in the petition being revoked.  While a proper response to an NOIR increases the chances of reaffirmation of the petition, it does not guarantee reaffirmation of the petition.

 

There is also the chance that USCIS will outright disagree with the Embassy findings and reaffirm the petition without anything more needed from you.  However, the chances this happening are not high.

 

Reaffirmation of a petition does not guarantee a visa will ultimately be granted; visa issuance remains at the discretion of the State Department.


Ryan HMaleChina2014-08-15 04:40:00
IR-1 / CR-1 Spouse Visa Process & Proceduresvisa cannot be proccesed at this time??
What is written on the white piece of paper that was given out.
Ryan HMaleChina2014-08-13 10:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPolice Clearance Certificate - Pakistan

Moved from IR-1/CR-1 Progress Reports to Asia: South regional forum; OP is specifically asking about Pakistan cases.


Ryan HMaleChina2014-08-18 19:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPhysical or Mailing address for I-130/G25A

Is this correct?

 

I needed to refresh my memory on how a G-325A appeared.  I removed the post containing incorrect info that I posted along with your post quoting said incorrect info.

 

Use mailing addresses on the I-130 unless the form specifically calls for a physical address.

 

Use physical addresses for the G-325A.


Ryan HMaleChina2014-08-18 18:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPhysical or Mailing address for I-130/G25A

To answer your question, a mailing address can be used unless the question specifically asks for a physical address.

 

Once you file the I-130, I suggest you read the wiki I linked to below for how the NVC process works.  If you wait for the NVC to send you anything (if they do at all), then you will unnecessarily wait for a long time.

 

http://www.visajourn...php/NVC_Process


Ryan HMaleChina2014-08-17 15:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhen to take the medicals?

YA PASE MI EXAMEN MEDICO!!!!!!   TIENES QUE ESPERAR A QUE TE ENVIEN LA CARTA CON LA FECHA DE LA ENTREVISTA Y RECIEN DESDE ESE MOMENTO PUEDES CONTACTARTE CON LOS AGENTES DE LOS MEDICOS, ES PORQUE EN LA CARTA TE ENVIAN UN CODIGO DE BARRAS ESPECIAL QUE LOS DOCTORES LO ESCANEAN, ASI QUE PACIENCIA SOLO TE QUEDA ESPERAR
 


If you wish to use a language other than English, please do so in the regional forums only or provide a translation.

Ryan HMaleChina2014-08-18 08:43:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSputum/Medical Test 8 week delay, Reschedule Interview?

Go to the interview as scheduled.


Ryan HMaleChina2014-08-18 18:38:00
IR-1 / CR-1 Spouse Visa Process & Proceduressponsorship question (split topic)

***Post split into separate thread as poster intended for this to be a separate thread.***

 

~~~To start a new thread, locate the "Start New Topic" button in the forum you wish to post in and click it.~~~

 

**Moderator hat off**

 

Nontaxable income is permissible.


Edited by Ryan H, 19 August 2014 - 06:51 PM.

Ryan HMaleChina2014-08-19 18:15:00
IR-1 / CR-1 Spouse Visa Process & Procedureswhat is the "DR" department at the NVC ???

Document review?

 

:thumbs:


Ryan HMaleChina2014-08-19 18:53:00