ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresBiggest Mistake of My Life?
I would agree with prior posts that whether you do K-1 or CR-1 (and personally I would go with the CR-1 after a Canada wedding), there is a risk of a misrepresentation ban.

Since they told you to get a K-1 visa, and it seems you were honest ("those measurements are for my wedding") then I think it is unlikely that you have any sort of formal ban for misrepresentation.


I really disagree with this. CBP/ POE officials are some of the LEAST informed about the actual application of the INA when it comes to issuing visas. They know how to check for visas and screen people for entry on those visas to the US. But they typically don't know how misrepresentation at the POE can affect visa issuance, and they really aren't the ones who make that decision anyway. CBP/POE officers and even immigration judges routinely give people false hope, telling them to just go home and "apply the right way" and all will be fine, only for those people to get hit with lifetime bans when the consular officers apply the law to their cases.

Also, the honesty of saying those were wedding measurements is offset by the initial explanation that this was a brief visit. Also the immigrant intent displayed by the contents of the luggage will present an obstacle against most other arguments. There is a legal way to make a "timely retraction argument" and this could apply, but you're going to want a lawyer involved if you're attempting that path.

I would go in prepared for the worst and hoping for the best. Worst being that the incident at the POE will be construed as misrepresentation (and honestly, the final determination on this is made by the consular officers' review of the incident on record, not the POE officials' words during the incident). Best being no misrep, just get the immigrant visa and move on with your new life. If it is misrepresentation, there is an I-601 waiver available, in which you would need to detail the hardship your fiancee/wife would experience in the event you were banned from her country for life as the misrep ban (INA 212 a 6 c i) requires. It may be wise to consult an attorney experienced in inadmissiblity before you even apply for a visa, just to see if there's a way to mitigate any of the stuff that happened and avoid a determination of misrep in the first place. There are three linked in my signature. The first is one of the top in the field for truly insane and complicated cases like mine, but comes at a price. The other two handle a more full range of inadmissibility/waiver cases and are great people who do free initial consults. I would talk to one of them before you do anything, to get their take on the case and start planning the best path.

Edited by GlobeHopperMama, 29 November 2012 - 08:11 PM.

GlobeHopperMamaFemaleMexico2012-11-29 20:09:00
IR-1 / CR-1 Spouse Visa Process & Procedurescr1 visa- lied on tourist visa

The lie will complicate the spouse visa process but will not result in a finding of fraud. John and Marlene's post is correct. There will be no finding of fraud because the lie would only be "material" if the visa had been issued. The problem will be that the lie is evidence the relationship is about getting to the USA rather than being bona fide. Lying has consequences, but in this case, not a finding of material misrepresentation.


Once again, I'm going to disagree based on the following:
INA 212 (a) (6)©(i)

© Misrepresentation.-


(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.




As to what is a material fact:


For example, it would be a "material" misrepresentation if an applicant for a visitor's visa tells the official at the U.S. Embassy that he is not married when in fact he has a wife who lives in the U.S. That is because he may not really intend to visit, but to live with his wife indefinitely in the U.S. It is a "material" misrepresentation" because the Embassy official might not give him the visitor's visa if she knew that he had a wife in the U.S.


(source)
Regardless of the outcome of the application, the misrepresentation was material when it was made. But don't take it from me, littoral, regardless of whether it is or isn't material, this is very likely to come up in the interview and you should be prepared to address it. Talking to a good lawyer experienced in these issues is the best way to prepare yourself.

Edited by Carlos and Amy, 06 July 2012 - 08:29 AM.

GlobeHopperMamaFemaleMexico2012-07-06 08:27:00
IR-1 / CR-1 Spouse Visa Process & Procedurescr1 visa- lied on tourist visa

The lie you told will not be the reason for a denial. The misrepresentation would only have been material if you had been granted the tourist visa, but would otherwise have been denied if the truth of your marriage were known. However, you have given them cause to doubt your intentions regarding the marriage. If you are denied the CR1, it will most likely be due to their belief that the marriage was for immigration purposes only. Anything you tell them is now suspect with good reason.


I disagree with this a bit. It can still be material even if the visa is denied. I have seen very many cases of this exact scenario, in which marital status was lied about in a tourist visa process, and even when the visa was denied, the later immigrant visa process was complicated by it. Fraud and misrep are both under the same inadmissibility section: INA 212 a 6 c i. This carries a lifetime ban from all visas and for an immigrant visa, you need an approved I-601 waiver to cover it. You absolutely should be talking to a lawyer experienced with fraud/misrep inadmissibility and waivers at foreign consulates. My personal recommendations (due to working with them) are Laura Fernandez and Lizz Cannon, who both offer free consultations, as well as Laurel Scott whose site is linked in my signature. I would definitely talk to them before filling out the DS-230 or DS-260, to make sure whatever you submit puts you in the best situation for your consular interview.
GlobeHopperMamaFemaleMexico2012-07-06 07:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFilling out I-130 with two foreign addresses

Also, you mean to put our mailing address on question #2 for both us - but then put our residential address where it asks for my husbands address abroad and our last address where we lived together?

Thanks :)


Exactly that. Yes. I wasn't looking at the form so I couldn't remember what number, but yeah Question #2 is the part they use as your mailing address, and can be different from the other addresses used in the packet. Would be nice if they specified that more clearly. For example, the first time I filed I-130, I was bouncing between the US and Mexico, where my husband lived, and mail service in my parents' neighborhood was awful so for Question 2 I put my grandparents' address on my side and my husband's Mexican address on his side . For a lot of the subsequent questions, we wound up needing to put down different addresses. We received the approval notice at my grandparents' house, and my husband's paperwork for the NVC stage went to both my grandparents' address and his Mexican address, I believe.
GlobeHopperMamaFemaleMexico2012-07-05 01:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFilling out I-130 with two foreign addresses
Personally I would not do the above. USCIS has a lot of problems when it comes to trying to change mailing addresses, even when you use their own system. A separate letter would cause a whole extra level of confusion.


USCIS still has not made the I-130 very clear, unfortunately. The address you place in the first section of the I-130 will be used by USCIS as your mailing address. So put your mailing addresses in that first section. Later, when it asks for address abroad, you can use the actual residence address, and same for last address where you lived together. On the G-325As you can also put your current residence in the residential address sections and that can clear things up for them if they have any issues.

As far as question 14, yes, you do have to answer truthfully, so if he's in the US at the time, you do have to say so, and if you wish to include this in the cover letter, I would make sure to emphasize that you will NOT be pursuing adjustment of status in the US. I would even go so far as to put the Santiago in #22 to make it clear that you will be consular processing. I have some friends whose petitions went through to the local USCIS office in the US instead of being forwarded for consular processing even though they had specified it on the form, so yeah, something worth going the extra mile to make sure you don't have a multi-month delay while your petition gets re-routed to the correct location.

I think I personally would pay the DHL or Fedex fees or whatever to just send it from abroad to avoid that question altogether, but if you have to retrieve documents in the US or something, I guess it makes more sense to file while you're there.

Good luck, hope it goes quickly, and enjoy your trip to the States!
GlobeHopperMamaFemaleMexico2012-07-04 21:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHelp w/ denial. Positive drug urine test & Stupidity
Just one more thing to mention - the I-601 process has in no way been "stopped", I'm not sure what you read but that would be a massive issue. It has recently undergone a major change, though, and all I-601 waivers are being filed through a centralized lockbox in the US rather than at individual consulates abroad. However, there is no way to waive the drug ban if indeed that's why the visa was denied. You really need to get a denial form that states the reason, by the way, before you make any further assumptions. The ban lasts for a year and can't be waived during that time. Proof of rehabilitation will be necessary at the end of the year, so that's why they mention the periodic drug tests, although I would take it a step further and try to enroll in a substance abuse program just to avoid any extra complications at the end of the 1 year. It's unfortunate that your husband wasn't able to understand the vast gravity of this immigration appointment, but what's done is done. From here, all you can do is move forward. Make absolutely sure he stays clean this year and can prove it when you re-apply next year. The same I-130 should remain valid and active at the consulate, so just be sure to contact them a about 6-8 weeks before the ban is up to try to re-schedule an interview and get the process underway to seek the visa again. You'll need to update the I-864 and DS-230 at that point, and probably get more updated civil documents, but from there it should be possible to get the visa.
GlobeHopperMamaFemaleMexico2012-09-20 05:02:00
IR-1 / CR-1 Spouse Visa Process & Proceduresjames s shortcuts
By the way, you shouldn't have to create your own barcodes anymore.

1) Call the NVC and get your invoice number (say you need it for your records, they claim online payment isn't available, but it is!)
2) go to https://ceac.state.g...ice/signon.aspx and sign in with your case # and invoice #. When your fees have been invoiced, they show up on there and you can pay them using a bank account.
3) After your fees are paid in the system, there is a button near the bottom that says "print document cover sheet". You click it and it gives you the whole cover sheet to mail in with your packet. No more generating barcodes, resizing, reformatting, etc.

We did this and it has worked just fine. We would have been through the NVC stage in about 3 weeks if we hadn't hesitated on mailing the DS-230 for about 2 weeks. As it stands, from case received to case completed, we will probably total about 5 weeks. The shortcuts definitely work!
GlobeHopperMamaFemaleMexico2008-08-08 00:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresImmigrant Visa Form Questions
Oh also, even if you can't do DCF, you can still file the forms from Thailand using a currier service like DHL, UPS, FedEx, etc. Just make sure to send it to the address listed on the I-130 instructions for "non-USPS deliveries".
GlobeHopperMamaFemaleMexico2008-08-13 00:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresImmigrant Visa Form Questions
My answers in red...

QUOTE (ao_cons @ Aug 12 2008, 11:34 PM) <{POST_SNAPBACK}>
Hi. My husband and I have begun filling out the forms for CR-1/IR-1. I am a Filipino citizen and he is American. We married and live in Thailand. I've heard we can file in just 6 months, but whenever we call the DHS in Bangkok they always say it's 1 year or at least husband must have a work permit. Has anybody here done DCF lately in Thailand?
Sorry, wish I could help with that. sad.gif

We have questions about the I-130 and G-325a forms. My husband listed them as follows:

General Questions:
  • Husband's Passport copy for I-130:
  • Color or black and white? B/W should be fine. Ours was.
  • All pages from cover to cover? We only sent the biographic info page. I've heard of people sending all pages, but I can't see why all those pages would be necessary to establish citizenship! We were approved with just the front page.
Passport photos for I-130:
  • 1 photo each, or two? Send two for each. Write the name on the back of each. You might put them into a plastic baggie and attach them to the front of the corresponding G-325a forms.
  • Wife's Passport vitae for I-130 and G-325A:
  • Should she have her passport amended to reflect her married name, or is it okay with her maiden name still in it?
Form I-130:

Section B:
  • Questions 14 & 14b: N/A or leave blank? Does not apply to me, natural citizen. Don't leave ANYTHING blank. Always put "N/A" or "none"
Section C:
  • Question 2: Her address in Thailand? Or her home address in the Philippines? If in Thailand, would it not be redudant since it requests her address abroad in Question 19? Put her current address, so that would be Thailand. The address abroad is generally for aliens in the US adjusting status, but just repeat it anyway.
  • Questions 9 & 10: N/A or None? Should be None? Correct
  • Question 14: N/A or leave blank? N/A
  • Question 21: Our place here in Thailand, how do we date from 14 April 2008 to present? Correct.
  • Question 22: N/A or leave blank? N/A
  • Last question asking what the form is being submitted for: I'm filling this form out to bring my wife stateside so we can be together. What do I specify? I don't see that on the I-130. Yours must be different. Sorry I don't know. sad.gif
Form G-325 A (Husband):
  • Father: city and country of residence is unknown. Do I put: UNKNOWN or leave blank? Unknown
  • Full name and address of employer: I am a retired veteran. What do I put here? you could put "none". Maybe someone else has a better suggestion.
Form G-325 A (Wife):
  • Social Security number: I don't have one yet. What do I put here? (I have Social Security Number issued by the Philippine Government.) None
  • Address: My last address was my home address in the Philippines, and I lived there for more than five years. How do I fill this out? Total time in that house, or just back five years from the date I left for Thailand? Put the total time at that address even if more than 5 yrs
  • I have no previous husbands. What do I put? N/A or None? None
  • Last question asking what the form is being submitted for: I'm immigrating to the US to be with my husband permanently. What do I specify? Check "other" and write "I-130 petition" on the line
  • In the very first and very last boxes that ask for my name: Should I use my maiden name or my married name? Or does it matter? I would assume your married name, but hopefully someone else knows this...
Domicile Questions:
  • We have been staying in Thailand as tourists since April 2008. Husband is a natural US citizen with US bank account, home, and postal address. The house we will be living in is not in husband's name, but it is a familial property that is owned and used by the whole family and has been for close to 70 years. Do we need to give specific proof of intention to reside permanently in the US once wife's immigrant visa is issued? If so, what kind of evidence is necessary? Not sure, sorry...
  • In the Cover Letter of our IR-1/CR-1 application, do we use our Bangkok address as return address, or must we use our US address? I suggest the US address, but only if you have someone at that address that can inform you of the correspondence.
  • Is it of any consequence from where the application is mailed? Must it be sent from within the US or is it okay to send it from Thailand? We ask because we would like to do a DCF if possible. But people there (Embassy, DHS, and even here in different forums) give conflicting reports regarding how long we have to wait to file. Some say 6 months while others say 1 year. Which is it to file directly? You might just go ahead and try DCF at 6 months. I've heard of consulates/embassies allowing DCF even after they've said they wouldn't. Generally I thought that the USC had to have residency (temporary or permanent) for 6 months in the country to do DCF. I haven't heard of it being possible on a tourist visa. Hopefully someone who knows about DCF can answer this.


Good luck!

Edited by guatetaliana, 13 August 2008 - 12:50 AM.

GlobeHopperMamaFemaleMexico2008-08-13 00:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS Package
namm, you'll have to call and speak to an operator to confirm that it has been received.

Don't email. I did that for something, and it took them 2 weeks to get back to me.

Good luck! smile.gif
GlobeHopperMamaFemaleMexico2008-08-15 17:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow do u know if its a true RFE
It sounds like it could be, but you'll definitely want to speak with an operator on Monday to confirm. They should be able to tell you what's missing, if anything.
GlobeHopperMamaFemaleMexico2008-08-16 20:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE
QUOTE (divi @ Aug 18 2008, 01:43 AM) <{POST_SNAPBACK}>
My RFE is Police certificate from my original country . so NVC already received on august 15th, now is being reviewed.


Great! Then it should be pretty fast. Hopefully by this time next week!
GlobeHopperMamaFemaleMexico2008-08-18 01:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE
Which form got the RFE? We had an RFE on the I-864. Our mailed response to the RFE was entered into the system on August 8 (after our DS-230 arrived), and our case was complete on August 15. So basically just a week!

Edited by guatetaliana, 18 August 2008 - 01:38 AM.

GlobeHopperMamaFemaleMexico2008-08-18 01:37:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCase approved by NVC
Congratulations!!! FIVE MONTHS???!!!! That's crazy. And I was complaining when we were stuck for a week! I need to learn to be grateful...
GlobeHopperMamaFemaleMexico2008-08-18 01:49:00
IR-1 / CR-1 Spouse Visa Process & Procedureshusband called uscis director
sasha, I'm sorry for your frustration. I know I can't feel the full extent of it because my petition went to CSC, so even though I filed at the same time as you, my wait was much shorter. I felt guilty when my petition was approved because I thought of all the people I know who have been waiting at VSC since November 2007. I think it is so shameful the way that simple geography can determine how long we are separated from our spouses. I further think that it's unfair that the simple geography of our birth determines what countries we can live in and how/when we can enter. But anyway, I agree. This system is messed up. And the people at the service centers may be doing their best to push petitions through, but they're not the ones facing separation from their spouses, so they'll never do it with the urgency that we desire. I hope the VSC filers get some good news (or ANY news) soon because the waiting is unbearable!
GlobeHopperMamaFemaleMexico2008-08-16 20:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat does this mean?
In other words, VSC is currently working on applications filed in September 2007 and should be done with all those filed in August, July, June 2007 and before. So if somebody filed in July 2007 and still hasn't received a decision, they would want to contact USCIS to see what happened to their petition. Anyone who filed after September 2007 is supposed to just be waiting for their applications to get worked on.

Those dates supposedly mean that ALL files UP TO that date are complete.
GlobeHopperMamaFemaleMexico2008-08-18 12:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE- Advice
I took a risk and here's what I did - I simply sent the RFE response and re-printed the coversheet from the AOS online payment. Below the barcode I wrote very clearly "Checklist Letter Response" and that was that. Express mailed, and it was in the system the day after it arrived. In my case, no problem, but I suppose there's always a risk that someone will get confused...

I was in a hurry, at work, and had no graphics manipulation programs on my computer at work to do the barcode thing, so that's what I did. But if you've already created a cover sheet, even better.

Edited by guatetaliana, 18 August 2008 - 09:57 AM.

GlobeHopperMamaFemaleMexico2008-08-18 09:55:00
IR-1 / CR-1 Spouse Visa Process & Proceduresonly have 2 tax return,CR-1
As someone who got an RFE on the I-864 for something totally ridiculous, I would caution you to try and be as prepared as possible. Requesting IRS transcripts is SUPER EASY, totally free, and they arrive really fast. You can request the last three tax years' transcripts for free. Do it today and you should easily have them by the time you're ready to send the Affidavit of Support. Also, on the I-864 you have to enter income for the past three tax years, so it's helpful to have that third years' transcript just to know how much you actually made. Another plus is that if you send the transcripts, SUPPOSEDLY you don't have to include W2s or any of the worksheets (I would anyway just to be safe). And they're nice and concise, take up way fewer pages than the real tax forms.

According to James' shortcut, here's how you do it. I followed these instructions and it was a nice and smooth procedure.
QUOTE
* IRS transcripts: You can request your tax return transcripts for previous 3 years for free from the IRS. There is no charge for the transcript and you should receive it in 10 business days from your request received at IRS.

* Call (800) 829-1040 and follow below steps as per prompt in the recorded message to request tax return transcript. This documents will be mailed to the address where you last filed your tax return.

* Press 2. Questions about your refund, payments or account.
* Press 2. Questions about your tax account.
* Enter SSN.
* Press 1. If you entered SSN.
* Press 1. If you entered correct SSN.
* Press 3. To request transcript.
* Enter NUMBER of street address. For example, enter '123' if you filed your recent tax return from the address '123 Main Street'.
* Press 2. To receive transcript of tax return.
* Enter 4 digit (YYYY) year. Enter '2007' to request transcript for year 2007.
* Press 1. To confirm correct year.
* Press 2. To request transcript for additional year.
* Press 3. To end your transaction.

Edited by guatetaliana, 18 August 2008 - 01:28 AM.

GlobeHopperMamaFemaleMexico2008-08-18 01:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIf it is the applicant's intention to adjust status with CIS..
The AOS fee payment for an IR/CR-1 visa refers to the Affidavit of Support, not Adjustment of Status (yeah, nice and confusing!). Adjustment of Status is what it's called when the immigrant comes to the US with a non-immigrant visa (like student visa, or K1 or K3) and then changes to a permanent resident within the US based on marriage. But when you're doing consular processing, there is no Adjustment of Status, so AOS is the Affidavit of Support, the I-864.

Hope that helps...
GlobeHopperMamaFemaleMexico2008-08-19 00:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFYI: Online AOS Fee Payment
ditto. it sounds like they are getting more and more extreme in their attempts to stop people from asking!
GlobeHopperMamaFemaleMexico2008-08-18 12:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhen to send DS 3032 to NVC
QUOTE (honeyleen @ Aug 19 2008, 11:58 PM) <{POST_SNAPBACK}>
QUOTE (A_I_S @ Aug 19 2008, 10:27 PM) <{POST_SNAPBACK}>
Our case was entered into NVC system 6 days ago, I already have the IIN number.
On the website neither bill has been invoiced yet, and the answering machine still gives the "THe case number assigned..." message. I look at a lot of other recent petitions and many people have listed that NVC received the case and generated the DS 3032 on the same day or within 1-2 days of each other.
Is it possible to email the DS 3032 now or should we really wait for the bill to be generated and how long does it take on average?
Thanks,
Andrei



I think you have to wait first, is there any online inquiry for NVC? IF YES HOW? i want to check my case at NVC.
hOPE TO hear from you.

Thank you

Unfortunately, no online inquiry for NVC. It would really make everyone's life simpler if there were one... sad.gif

Also, don't email. I made that mistake and regretted it. It took nearly 2 weeks to get a response and by then we were already done with the NVC stage. Also, I don't know if it might have contributed to a false RFE being sent out/possibly some lost paperwork for awhile near the end of our NVC process. Stick to memorizing your case number, being able to repeat it with the beneficiary's name and date of birth and petitioner's name and date of birth in your sleep, and putting the NVC's phone number on your phone's speed dial! Such frustration. I think I called the NVC at least 40 times during our case...
GlobeHopperMamaFemaleMexico2008-08-20 03:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-1864
Page 11 of the I-864 (right after all the instructions) has a checklist that states what is needed from each filer. You can check what your joint sponsor needs. The passport makes plenty of sense since the joint sponsor has to prove US citizenship or residency. The other stuff, you'll need to check that, but my opinion is that you can never be too prepared for the NVC. biggrin.gif
GlobeHopperMamaFemaleMexico2008-08-21 00:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Question
I think she's going to need to go to her employer/s from those other years and request copies of the W2s. That's about the only way I can think of to report her income alone...
GlobeHopperMamaFemaleMexico2008-08-23 15:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Question
Wow. Tricky. I have no idea. I wish the tax transcripts listed the separate W2 info on it. They make this so hard!! Ugh.
GlobeHopperMamaFemaleMexico2008-08-23 15:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Question
Does she have the tax transcripts for the other two years, and were they also joint?

Edited by guatetaliana, 23 August 2008 - 02:48 PM.

GlobeHopperMamaFemaleMexico2008-08-23 14:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI 864 question - part 8
Alex, just get started on the CRBA as SOON as possible. The US consulates in Mexico are notorious for giving people a hassle while trying to file for this. Make sure to bring in originals and several copies of everything requested. Have the hospital bills and all birth records on hand, along with proof of your relationship with your wife, proof of your physical presence in the US, and all the other stuff they request. Some consulates seem to make it easier than others, but I know some people who have had to go in several times because each time their documentation was considered insufficient. One person actually was sent to re-organize their paperwork in a specific order before returning to present it to the officials. Hopefully you end up with one of the easier ones.

Also, you can apply for your daughter's passport at the same time as the CRBA, but they are not the same thing. Extra fees, paperwork, the usual.

Good luck!

Edited by guatetaliana, 23 August 2008 - 04:17 AM.

GlobeHopperMamaFemaleMexico2008-08-23 04:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI am APPROVED
Yay for the approval!!! Study Loto's Guide (great summary) and James' Shortcuts (lots of detail) so you can get all your paperwork ready to express mail and hopefully be done with this by the time the baby's born!!
GlobeHopperMamaFemaleMexico2008-08-23 13:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNVC tracking
Hey! We just finished up at NVC. Timeline in my signature. It took us 44 days from case received to case completed.

We emailed the DS-3032 only 2 days after the case was received according to the automated message. Now, looking back, that wasn't probably the smartest thing, but thankfully in our case, it worked out fine and the DS-3032 was entered in the system about a week later.

We didn't move as fast as we could because I was traveling between the US and Mexico, but we paid our AOS fee and IV fee online the day after each was generated, took a couple extra days to mail the 1-864, and took about a week extra to mail the DS-230, got an RFE for the I-864, then had about a week where operators on the phone at NVC couldn't figure out where our paperwork was. Then we got the "case complete" automated message today. So even with an RFE and extra complications, you can be done in fewer than 6 weeks using express mail + James' shortcut (and I used Loto's shortcut because it's nice and easy to follow).

Edited by guatetaliana, 16 August 2008 - 11:57 PM.

GlobeHopperMamaFemaleMexico2008-08-16 23:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion about Tax Transcript
I got mine in just under a week.
GlobeHopperMamaFemaleMexico2008-08-27 00:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 NOA1 to NOA2 21 days!!! A little help?
They are mainlining caffeine over at CSC. That's the only explanation.
GlobeHopperMamaFemaleMexico2008-08-29 23:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDoes one really need DS-3032?
If I recall correctly, AOS bill is invoiced right away, but the IV bill is not invoiced until the DS-3032 is in the system. That's why it's necessary to send it in some way or another.
GlobeHopperMamaFemaleMexico2008-09-01 22:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-129f question in regards to the CR-1
In other words, if you file I-130 and then I-129f, you will be put in the process for a K3 visa.

If you file the I-130 alone, you stay in the normal process for a CR1/IR1 visa.

Some people choose to pursue the K3 visa because with certain consulates, the process is faster. However, it really depends on the consulate. For example, for us, Mexico goes the same speed for both, or possibly faster for the CR1/IR1 lately. You would want to find out from other Canada filers how long it's taking for each visa and decide from there...
GlobeHopperMamaFemaleMexico2008-09-06 15:28:00
IR-1 / CR-1 Spouse Visa Process & Proceduresmy I-130 is approved, whats next step, what form to sent next?
Here is a nice flowchart showing the shortcuts you can take at the NVC. (Loto's shortcut). You can also check James' shortcuts, which give you a very detailed description of what you need and how you can make each step go fast.
GlobeHopperMamaFemaleMexico2008-08-16 20:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFrequently Requested Links
Awesome. Great resource! I can never find some of this stuff and spend too long searching. Thank you!
GlobeHopperMamaFemaleMexico2008-08-19 21:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow do YOU cope?
I've gone through a whole pregnancy separated from my husband. Not fun, I don't recommend it. Can't even drink away my sorrows. whistling.gif That said, here's what we've got:
  1. Skype
  2. Email
  3. IM
  4. Staying busy with work/friends/family
  5. My husband got a puppy (he was a birthday gift). Now he entertains himself with obedience-training the dog.
  6. My husband is learning German and break-dancing laughing.gif
  7. I am trying to master Italian and figure out how you raise a newborn
Yeah. There you have it.

Edited by guatetaliana, 12 October 2008 - 12:17 AM.

GlobeHopperMamaFemaleMexico2008-10-12 00:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNEED HELP ASAP I130 APPROVED LAWYER DUMPED ME.........
Hi! I'm guessing your lawyer is just overwhelmed because it seems like you're going to have a big huge process involving an I-601 waiver for the fraudulent entry and potentially an I-212 for deportation if that was part of the situation as well. These are huge undertakings.

I strongly suggest that you visit the immigrate2us.net forum whenever you have the urge to ask a question. Nearly every possible issue related to inadmissibility and waivers is represented on there, and there are people filing at most consulates in the world. Sometimes it helps to hear from others who have a similar experience, even more than from a lawyer who is racking his/her brain preparing a waiver and possibly a battle at the consulate.

I'm glad things are working out with your lawyer, but if not, I suggest consulting with Laurel Scott. An email consultation costs $135, is super informative, and she's one of the most successful expert lawyers on foreign-filed waivers with all of the American Immigration Lawyers Association. I know I sound over-excited about her, but I know dozens of people who have a happily reunited family in the US despite crazy inadmissibility, thanks to her. So even if you just want a second opinion or something, I'd recommend her.

Anyway, good luck!
GlobeHopperMamaFemaleMexico2008-11-26 23:38:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNew immigration law!!!!!
QUOTE (Salaciouslady @ Oct 14 2008, 01:50 PM) <{POST_SNAPBACK}>
Well, when it is a visa for family member especially spouse from what I understand it can not be denied it is an automatic visa, besides RFE if ever needed which it can only prolong the process but not deny it for good. No way, I do not believe this. It is like telling you can’t get married. There are laws we have rights as USC.
Unless, a crimal record is held, but i also know of a situation which they/someone held a criminal record a bad one, it just took forever to get him here.
I need to google this.....


Unfortunately, we're living proof that a spouse visa can most definitely be denied for life without a criminal record, and with no immigration violations committed as an adult. 221 denials are also possible as many on here know, but if the INA were reformed to eliminate the possibility to try again, there would be a LOT of uproar.

Meanwhile, as someone else mentioned, we currently have an Advisory Opinion being sent to the Dept of State, as the interpretation of the law in our case seems to have gone awry. So even with a lifetime ban and visa denial, there is still room for trying to contest the decision in strange circumstances.
GlobeHopperMamaFemaleMexico2008-10-14 21:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresThe "Lonely blue spouseless Xmas..." thread
I'm glad to know there is a thread for this! Makes me feel a little better.

This is our second Christmas since getting married, and it's the second Christmas we spend apart. Last year my husband was there by Skype as my immediate family sat around the tree opening gifts. This year, he'll be there by Skype as I deliver our baby (GOD, please let it be tonight, tomorrow, soon) and then celebrate the baby's first Christmas.

I think I've cried so much over it, I'm ready to just accept and deal. But it's good to know there are others out there who know what it feels like.

Even if that's a sad and depressing thought....
GlobeHopperMamaFemaleMexico2008-12-16 19:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNOA1/NOA2 spreadsheet tracking
whisper2me, I have no clue how you are managing this, but thanks! What a resource. Wow.
GlobeHopperMamaFemaleMexico2008-08-17 10:37:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 after 2 years and 5 months of marriage
I know several people who have had this happen. They got it resolved fairly quickly. Crazy how often immigration messes this up! I believe an infopass appointment should be the first step to getting this cleared up. You do not want to have to do Removal of Conditions when you were entitled to an IR1!

Edited by guatetaliana, 15 April 2009 - 10:14 PM.

GlobeHopperMamaFemaleMexico2009-04-15 22:13:00