ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresTimeframes (split topic)
Post split from old and unrelated thread.
Ryan HMaleChina2014-05-26 09:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS checklist questions

~~Two recent posts moved from old thread to this thread.  Please post follow up questions about your case in your own thread instead of in threads started by other members.~~


Ryan HMaleChina2014-07-24 00:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresOK to file I-130 after a Visit to US ??

The burden of proof is on you (not them) to prove that you did not misuse the tourist visa or lie at the PoE about your intent to stay.

 

This is not correct.  The burden of proof is on the Government to prove Material Misrepresentation, not the applicant to prove they didn't have intent.  Furthermore, the USCIS Adjudicator's Field Manual specifically states that an AOS application from a non-family based visa cannot be denied on suspicion of intent alone.


Ryan HMaleChina2014-07-23 19:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresApplication has gone to Dept of State - how to track it once there?

Can she visit me while in USA by applying for a travel visa or would she be denied of that?

 

She can apply for a tourist visa, however, the chances of her being granted one are nil.

 

IF she was granted one, could she stay with me and change her status in the USA?


Absolutely not, this would be visa fraud.


Ryan HMaleChina2014-07-24 00:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 Checklist

Answers in bold and blue:

 

Hello,

I am finally ready to send my i-130 petition! I just want to double check that I have everything correct, so some advice would be great. My questions are in red

 

 

Check for $420

Cover letter 

Form G-1145

Form I-130

Continuation page for form i-130, signed and dated

Form G-325A for petitioner, signed and dated (do i need 4 copies?) only need 1

Continuation sheet for petitioner's G-325A, signed and dated

Passport style photograph of petitioner, full name on back (is it just 1 or 2?) 1

Form G-325A for beneficiary, signed and dated (do i need 4 copies?) only need 1

Continuation sheet for beneficiary's G-325A, signed and dated

Passport style photograph of beneficiary, full name on back (is it just 1 or 2? Also, his passport picture isn't a square ratio, I just cut it out so that it was, is that OK?) Should these be put in a bag with "photo of ___" stapled to a blank piece of paper? just 1; don't know if your modified photo will be accepted or if you will receive an RFE for an unaltered photo meeting the dimension requirements.  You can put the photos in a plastic bag and clip the bag to the form.

Copy of every page of unexpired US passport for petitioner if you are submitting this, then you don't need a copy of your birth certificate (will explain in more detail below)

Copy of US birth certificate for petitioner (both sides) if you are submitting this, then you don't need every page of your passport; the purpose of sending a birth certificate or a passport is to establish US Citizenship; you only need one document or the other to do this, not both

Copy of marriage certificate for petitioner and beneficiary

Copy of beneficiary birth certificates (both sides) not needed at this time

Copy of every page of unexpired passport for beneficiary not needed

Copy of documentation showing co-mingling of resources:

             Copy of statement for joint bank account 

             Copy of statement for joint council tax account

             Copy of statement for joint electricity account

             Copy of statement for joint water account

Copy of apartment lease showing living together starting August 2012

Copy of petitioner's current auto insurance showing beneficiary as named driver

13 photos of beneficiary and petitioner in various vacations throughout relationship beginning November 2008

2 photos of beneficiary and petitioner signing marriage certificate

Copies of flight itineraries showing joint travel

Copies of Skype transcripts showing phone calls since petitioner's move to US

 

Thanks for your help and will I need more evidence? We have been dating for 5 years but only married less than 2 months.

 

 

ALSO! I read somewhere that it is better to put the documents in one of those 2-hole clasps things at the top of the page (think of when you're at the doctors office and the pages in the file are clasped at the top). Or is just staples better?  Don't staple anything and don't bother with the two hole top page clips.  Just clip everything together using large clips.  USCIS will take your file apart and reassemble it to their own liking.

 

 


Ryan HMaleChina2014-07-23 22:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresApplying for Visa for Canadian Spouse

Your questions have been answered correctly, however, there are two things that were not pointed out but need to be, in your first sentence you said, "I intend to apply for a visa for my Canadian wife soon,"  you will not be applying for a visa, your wife will, what you are doing is filing a petition.  The second thing is the I-130 form that you will ultimately file is a petition form, not an application form (i.e. you're sending a petition, not an application).


Ryan HMaleChina2014-07-19 08:45:00
IR-1 / CR-1 Spouse Visa Process & Proceduresconfused in which form will be goin to fill on affidavit of support
The I-864EZ has 3 questions at the very start of the form. If you can answer yes to all 3 questions, then that form can be used.
Ryan HMaleChina2014-07-24 09:18:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhere to send uscis papers?

Maybe it's a stupid question but can you chose for all the papers to be sent to be expedited? Or is it just a luck thing? Also after being sent to the lockbox is it just luck to which service center it's sent to?

 

You won't know which service center your petition will go to until after you are informed of which center it was sent to from the lockbox.  If your petition does not enter the "auto-expedite" queue (BTW, USCIS will deny this queue exists), then you would have to request an expedite and expedite requests are only granted if the request meets the defined criteria.


Ryan HMaleChina2014-07-26 06:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI130 approved, when can i request an expedite?

Moved from Progress Reports to Process & Procedures.


Ryan HMaleChina2014-07-26 12:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNVC ..under review soon to go to manila USA consulate

 

Would a CO deny a visa to my wife just because I'm not working until I return to the USA? Even with a I864A? or I864? According to the NVC if you meet the requirements that conversation shouldn't come up. He said is more about your personal relationship. We are a very good loving couple. It's an IR-1 and we have a son.  She's a nurse and we have plans. Tons of pics,etc

 

The NVC has no say on whether or not an I-864 is approved or not, the actual decision is made by a CO at the Embassy or Consulate.  CO's have sole discretion on whether or not to accept an I-864 (even if the threshold is met).


Ryan HMaleChina2014-07-26 06:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNVC ..under review soon to go to manila USA consulate

CO's are employed by the US Foreign Service; one of the requirements of employment to the Foreign Service is US Citizenship.


Ryan HMaleChina2014-07-13 11:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresGetting Married in Medellin Colombia Nov. 11, 2014

Moved from Progress Reports to Process & Procedures.


Ryan HMaleChina2014-07-27 11:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarriage witness certificate has to be Notarised for I-130 ??

***Duplicate threads merged; please refrain from starting multiple threads on the same issue.***


Ryan HMaleChina2014-07-27 13:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHelp with sending IV documents

***Moved from Progress Reports to Process & Procedures.***

 

**Moderator hat off**

 

Can I send my docs even though I haven't pay the IV fee yet?

 

No


Ryan HMaleChina2014-07-27 16:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDenied I-129f, want to file CR1

An I-130 can be filed as soon as the proper documents are in-hand and have been photocopied (only photocopies are needed when filing).  There is no required wait time.

 

If the most recent I-129F is still active, then it will need to be withdrawn (reason being that you have married and are now pursuing a spousal visa).


Ryan HMaleChina2014-07-11 08:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffidavit of support and joint sponsors

I know it's possible to use up to 2 joint sponsors.

 

No, it is not possible to have two joint sponsors (the prior two posters suggesting otherwise are incorrect).  For a spouse visa case, the petitioner will always be the primary sponsor.  If a joint sponsor is used, only one is allowed.  Any sponsor (primary or joint) are allowed to combine income with a household member to meet the requirements of the affidavit.


Ryan HMaleChina2014-07-26 06:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTuorist visa possible before starting immigrant visa for wife?
One post violating the TOS (veiled suggestion of visa fraud) removed.
Ryan HMaleChina2014-07-28 10:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAm I allowed to tranlsate my own docs?
Moved from Progress Reports to Process & Procedures.
Ryan HMaleChina2014-07-28 10:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPetitioner not to attend spouse immigrant visa interview?? Dublin

In most Embassies and Consulates, only the applicant is allowed into the interview area.


Ryan HMaleChina2014-07-26 06:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864? RECEIVED CHECK LIST PLEASE HELP!!!

Moved from Progress Reports to Process & Procedures.


Ryan HMaleChina2014-07-27 16:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview

Moved from Progress Reports to Process & Procedures.


Ryan HMaleChina2014-07-29 00:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresStatus of Service Request (split topic)

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


Ryan HMaleChina2014-07-29 19:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresGreen card fee questions (split topic)

If the fee has been paid, then you will just have to wait.  Sometimes it takes longer than 2-3 weeks to receive the actual card (my wife didn't receive hers for a little over a month).

 

In the meantime, the visa itself endorsed by a CBP entry stamp acts as a temporary green card.


Ryan HMaleChina2014-07-27 12:43:00
IR-1 / CR-1 Spouse Visa Process & ProceduresGreen card fee questions (split topic)

***Post split from old and unrelated thread.***

 

**Moderator hat off**

 

You don't "apply for a green card" before flying to the US after having been issued an immigrant visa.  The $165 fee is the card production fee that must be paid at any time after the visa is issued in order to receive the green card (any time can be before or after POE).


Ryan HMaleChina2014-07-27 12:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow long does it usually take NVC to review a checklist response after receiving it?
***Posts split from pinned topic in another forum. Please do not post the same question multiple times and please refrain from posting about your case in threads that are not relevant to your case.***

Edited by Ryan H, 31 July 2014 - 10:13 AM.

Ryan HMaleChina2014-07-31 09:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI 864 from joint sponsor during the interview
If the information on the previous I-864 has changed, bring an updated one to the interview.
Ryan HMaleChina2014-07-31 10:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresShould we call and inform NVC now at the end of reviewing phase about job lost of petitioner - or tell it later- at interview?

if we need to call NVC to inform them about job loss ? the case is still at NVC and yet not completed although at the end of reviewing.  We already sent both packages and after it, this with job loss happened.


No

Ryan HMaleChina2014-07-31 10:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresShould we call and inform NVC now at the end of reviewing phase about job lost of petitioner - or tell it later- at interview?

If there is no job, write "unemployed" in the appropriate section.


Ryan HMaleChina2014-07-30 00:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresShould we call and inform NVC now at the end of reviewing phase about job lost of petitioner - or tell it later- at interview?
The information that was on the I-864 that was previously submitted has fundamentally changed by the petitioner's job loss. Failure to submit a new form reflecting this is Material Misrepresentation (very serious offense that can and will cause major problems for your case). If the petitioner is not employed at interview time, the new I-864 must reflect that; if the petitioner has a new job at interview time, then the new I-864 will reflect that information. Regardless of what the petitioner's employment situation is at interview time, the I-864 that is in front of the CO must accurately reflect it.
Ryan HMaleChina2014-07-29 10:18:00
IR-1 / CR-1 Spouse Visa Process & ProceduresShould we call and inform NVC now at the end of reviewing phase about job lost of petitioner - or tell it later- at interview?

Bring an updated I-864 to the interview along with the I-864 completed by the joint sponsor.


Ryan HMaleChina2014-07-28 23:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresProof of bona fide marriage

The requirements for spending time together are that you met at least once in the last 2 years.


Incorrect, there is no such requirement to file an I-130 to begin the spousal visa process. That requirement only applies to K1 visas.

Ryan HMaleChina2014-07-31 10:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresProof of bona fide marriage
Your only "proof" is the marriage certificate; everything else is evidence. Evidence of time spent together in-person is your strongest evidence. Joint bank accounts are not required or expected, so don't worry about that.
Ryan HMaleChina2014-07-30 09:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMoving to a different country while I-130 pends?

It's perfectly fine for you to return to the US after filing the I-130 and it's also perfectly fine for your spouse to return to the UK.  You will not need to notify USCIS of his address change, you can do that once the NVC has the file to ensure that it will be routed to London instead of Caracas.


Ryan HMaleChina2013-09-29 11:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPlease help me with I-864 Form
Moved from Progress Reports to Process & Procedures.
Ryan HMaleChina2014-07-30 10:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview aug 7th in amman questions

Moved from Progress Reports to Process & Procedures.


Ryan HMaleChina2014-08-01 09:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130, I-485 and Domicile

Does it matter that either one of our accounts are not joint?


No

Ryan HMaleChina2014-07-30 09:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130, I-485 and Domicile

Moved from Progress Reports to Process & Procedures.


Ryan HMaleChina2014-05-24 08:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 Bonafide Marriage Support Documents

If you wish to add additional evidence to the file, you can do so when your file is at the NVC.  Such evidence would accompany the civil documents as part of the IV packet.


Ryan HMaleChina2014-08-01 08:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInformation Needed

***Moved from Progress Reports to Process & Procedures.***

 

**Moderator hat off**

 

Answers:

  1. Have the AOS information ready to submit in case it is not already in the file.
  2. September 2nd is when your interview will take place.
  3. No
  4. The Consulate has what they need, you can bring the copies if you didn't submit copies with the originals to the NVC.
  5. You will have up to 6 months to use the visa; if your transfer does not come through before the visa expires, then yes, you can activate the visa and then return to your country.

Ryan HMaleChina2014-08-01 09:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling out I-130, question #22 (split topic)
Posts split into separate thread as poster is posting about their own situation and not replying to the OP of the other thread.
Ryan HMaleChina2014-07-31 14:39:00