ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresCalifornia to Texas & Texas to California - Part 2
Post containing personal information removed at the OP's request
Kathryn41FemaleCanada2011-02-17 10:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCalifornia to Texas & Texas to California - Part 2
We are working on removing all of the trolling accounts and banning the IP addresses. In the meantime you are able to put certain accounts on ignore by going to the option in your pull down profile menu (upper right hand corner) and selecting 'Manage Ignored members'. Type in the member's name (you can use a copy and paste function to make sure you get the correct user name) then click both 'ignore personal messages' and 'ignore forum posts'. Whatever they write or send to you will not be received or seen by you, thus effectively 'ignoring' anything they write.

We sincerely apologize for the disruption these juveniles have made in this forum and this website and thank you for your patience as we deal with them. Please do not hesitate to keep reporting them if you see them re-materialize with new aliases.

You will see their posts disappearing as their accounts are flagged and I may also remove some of the posts where they are quoted to clean up this thread.

VJ Moderation Team

Edited by Kathryn41, 16 February 2011 - 07:14 PM.

Kathryn41FemaleCanada2011-02-16 19:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAfter Visa...
Topic moved from K-1 forum to CR-1 forum as OP is filing for a spousal visa, not a fiancee visa.

~~~~~~~~~~~~~~~~~~~~~~~~~~

When Ahmed enters the US on the CR-1 visa, they will stamp his passport with the I-551 stamp - this is the stamped 'green card' or proof that he has entered the US legally as a permanent resident. His physical green card should arrive shortly afterwards, however, as long as that stamp is valid in his passport he is able to travel out of the US and return to the US - it is the same as the physical green card. So, assuming that all goes as planned and he passes the interview and receives his CR-1 visa in time for him to enter the US prior to September, he should be able to travel back in September to tie up the loose ends with his job. Good luck.
Kathryn41FemaleCanada2011-06-20 08:43:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHave you ever been charged, arrested or convicted of any offense or crime?
I would answer yes - you can underline 'charged' and 'offense' if you wish to clarify the question, as you were charged/fined. Neither of those 'offenses' should cause you a problem with the visa, however and you don't want to be charged with 'misrepresentation' by failing to disclose those charges. The fines are minimal and by disclosing them you are indicating your honesty.

I had a charge of 'windsurfing without a life jacket' - sounds minor, right? But it is an offense under the Federal Shipping Act in Canada and I was charged by the RCMP and actually went to court in front a judge. I was fined - very minimal - and paid the fine. The charge didn't show up anywhere, but I did get a statement from the Court stating that the records of the charge no longer exist and disclosed the charge because I had been charged and fined. It wasn't a crime but it was an offense. I disclosed it all the way through the process right up to citizenship. At the interview the interviewer looked at me when she came to the court statement, smiled, and moved on.

The speeding offense and loss of a ticket offense should be listed and you should be prepared to include any copy of paperwork that you have surrounding the issues, but you don't need to worry that either of these will make you inadmissible to the US. They won't. Failure to disclose them, however, may come back to bite you.

Good luck

Edited by Kathryn41, 22 June 2011 - 10:02 PM.

Kathryn41FemaleCanada2011-06-22 22:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat to do now?
Two threads on the same topic merged together. It is not necessary to start a whole new thread on the same topic. Please continue the discussion in the thread you have already started.
Kathryn41FemaleCanada2011-06-19 21:49:00
IR-1 / CR-1 Spouse Visa Process & Procedureshelp anyone plz ;(
Two threads on the same topic have been moved from the AOS forum to IR-1/CR-1 forum as OP's husband is interviewing at a Consulate and not within the US and merged together into one thread so all of the information is in one place.

Edited by Kathryn41, 17 June 2011 - 09:04 PM.

Kathryn41FemaleCanada2011-06-17 20:59:00
IR-1 / CR-1 Spouse Visa Process & Proceduresi-864 AOS household income = SSA to minor children
One inappropriate comment removed from the thread along with one post quoting it. If you have nothing constructive to add to the discussion, then don't disrupt it with baiting or otherwise inappropriate comments.

Post quoting the removed quote is returned to the thread below minus comments addressing the removed post.

The SSA survivor benefits pay for the kids' needs. I am not suggesting that money will be pledged toward the 864. It cannot be. I am trying to disclose how our household budget actually works despite my being unemployed for 3 years.

No- my family won't have anything to do with your SSA$. The 5 kids are citizens, born here to a father who worked really hard, paid his SS and taxes, and even gave blood every 8 weeks. He died at age 42. HIS social security payments and HIS taxes have more than fed the system that says it will sustain the minor children of a SSA/tax-paying citizen who dies.

The only reason I am trying to report this money is because it goes a long way toward explaining how a widow with 5 young children, all under 14, sustains a functioning household, pays for health insurance on her own, and keeps her entire family off means-tested benefits, while still unemployed. Managing the grieving process in a healthy way for 5 children who lost their dad suddenly 3 years ago has been a fulltime job. Based on the kids' academic, social, musical, civic, physical and leadership accomplishments, I would say I have nurtured the children well. Maybe I did a great job because I learned lessons from my mom who was widowed with 3 tiny kids from a drunk driving accident that killed my father at age 28 and left the driver intact. Strong mom. Strong me.


Please err on the side of kindness. This is a stressfull process. I am hoping to find someone who actually has direct experience with this situation.


Edited by Kathryn41, 28 June 2011 - 11:57 AM.

Kathryn41FemaleCanada2011-06-28 11:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPriority dates p**s me off
Please remember that the OP started this discussion with a statement that she was venting. We have all been there and done that, maybe not all on Visa Journey, but somewhere and to someone in our lives. The immigration process is hard and it often appears unfair. Sometimes it very obviously is unfair. It is one thing to intellectually read that the process takes XXX number of days and months at each stage, but it is a totally different thing to experience the waiting emotionally. It can drive even the most rational of us around the bend sometimes. I sure know it did for me a number of times

The OP didn't ask for family planning advice, or life choice advice. She didn't come for political commentary about illegal or legal immigration. She came because she needed to vent. She is stressed, she is unhappy, she if frustrated. I think virtually all of us can appreciate those feelings.

So, instead of jumping on her for venting her frustrations here on this forum among people who honestly should understand and appreciate her situation, instead of trying to blame her or her choices or tell her she doesn't have a right to feel like this because others have waited longer, it is alright just to say 'Yeah, I hear you. It does suck. I hope we all get some good news soon".

This isn't a situation any of us can repair. All we can really do is empathize, support and share. If you are not able to do that, then maybe it would be a better idea just to move on to the next thread and not respond in this one.

Edited by Kathryn41, 10 July 2011 - 01:11 PM.

Kathryn41FemaleCanada2011-07-10 12:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNeed help! CR-1 or K-1 is the best option?
Post advocating visa fraud has been removed.

You have correctly identified the two options legally available to you. There are pros and cons for each but it is up to each couple to decide what is best for their individual circumstances. Good luck to you.
Kathryn41FemaleCanada2011-07-12 19:12:00
IR-1 / CR-1 Spouse Visa Process & Proceduresmy interview details july-20-2011
Congratulations. You were well prepared for your interview and it shows. Good luck on your move to the US.
Kathryn41FemaleCanada2011-07-24 12:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWe were denied, HELP
Duplicate threads on the same topic have been merged. It is not necessary to start a whole new topic to ask the same question all over again. Please continue the conversation in the already started thread so everyone has all of the information that has already been suggested at hand when responding.
Kathryn41FemaleCanada2011-07-02 22:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresForm I-864
Topic has been moved from AOS forum to CR-1 forum as OP is applying for CR-1
Kathryn41FemaleCanada2011-07-30 17:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMedical Test Syphilis +
Another reason just to get a second opinion - false negatives and false positives do happen. It could be the clinic participating in some sort of fraud hoping to get some more money out of it to 'fix' things - or it could be an honest false positive. A second test from a different provider will provide you with more information. There is a second, more specific and more accurate test they can use to verify if the first positive is indeed a real positive. If it too comes back positive, then you deal with the situation, get her treated - and definitely get yourself tested and treated if necessary. If it comes back negative - then depending on the type of test it was, you may even need a third test to verify which result is accurate, or if it is the more accurate recommended test, then that would most likely be accepted as the true result. Hopefully it is something as simple - albeit very frustrating and annoying - as a false test result.

Good luck to the two of you. Have your wife focus on the positive aspects of your relationship, especially with the interview coming up. Having this hanging over her head will be nerve-wracking but it is important that she handle the interview well. There are other considerations in addition to the medical one that she needs to be ready to address and she doesn't want to come in worrying about negative medical results - especially when it can be treated if it does exist.

You mentioned in your other thread that you had both been sick recently. One of the conditions that can lead to a false positive on a syphyllis test is malaria. There are others that are not as common, but it is definitely worth considering:

Screening tests for syphilis are not highly specific and may give a false positive result. For example, having HIV, Lyme disease, malaria, lupus, or certain types of pneumonia may cause a false positive result on the VDRL and RPR tests. Positive tests should be confirmed with a more specific test method, such as FTA-ABS.

http://www.labtestso...hilis/test.html

Edited by Kathryn41, 13 June 2011 - 09:31 AM.

Kathryn41FemaleCanada2011-06-13 09:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 form
Duplicate post has been moved from NVC forum to CR-1 forum and merged together so that all of the information is posted in the same place and correct forum. Please do not start another topic on this question but continue the discussion in this thread.
Kathryn41FemaleCanada2011-08-08 21:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRecent NCV Info
Topic has been moved from K-1 forum to CR-1 forum as OP is filing for a CR-1 (I-130 petition).
Kathryn41FemaleCanada2011-08-04 21:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNVC requirements
Topic has been moved from Removing Conditions on Permanent Residency forum to IR-1/CR-1 forum as OP is not applying to remove conditions on permanent residency.
Kathryn41FemaleCanada2011-08-22 07:58:00
IR-1 / CR-1 Spouse Visa Process & Procedureswhy r some people approved so fast and others r not?
Inappropriate comment has been removed.

~~~~~~~~~~~~~~~~~~~~~~~~~~
Moderator's 'hat' off . . .

There doesn't seem to be any real rhyme or reason why some petitions are processed faster than others. You have received some good responses here. The petition stage happens in the US. They process many other types of petitions as well as the I-130s and it seems like they go in 'waves' with a focus on different petition types based on the backloads in those petition types. So, not only are you waiting for all of the I-130 petitions filed ahead of yours to be reviewed, you are also having to wait for whatever other petition types are receiving priority at the time. Right now it does seem to be about 5 to 6 months average to get a spousal petition approved. It wasn't that long ago, however, that they were taking 8 and 9 months to be approved so it has got a bit better.

When I was going through the process in 2003 my petition took over 6 months, and I was so frustrated to see petitions for people in other countries get approved faster. At the petition stage it really has very little to do with the beneficiary's country, though, and more to do with the process at USCIS.

The greater variability in waiting time occurs once the petition gets to the Consulate overseas. Some process them very quickly - within 2 months, some take 5 or 6 months and there are few that take longer. A reasonable 'guesstimate' to plan on for when he is able to come to the US on his approved visa is about a year. from the initial filing If it is faster, then that is great, and if it is slower, it is usually not too much longer.

Good luck and hang in there. Remember, good things are worth waiting for..

Edited by Kathryn41, 17 August 2011 - 09:26 AM.

Kathryn41FemaleCanada2011-08-17 09:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresElligibility for CR-1 with Petitioner having 2 Felony Charges
Duplicate topic thread in the K-3 forum has been merged with existing thread in the CR-1 forum in order to keep all of the discussion in one place.
Kathryn41FemaleCanada2011-09-05 08:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresImmigrant travel
moved from K-1 visa as OP has a CR-1 visa
Kathryn41FemaleCanada2011-09-07 17:30:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUrgent help needed due to family emergency...
She can certainly leave and return with her green card, however, if she expects to be outside of the country for more than 6 months she would be well-advised to apply for a re-entry permit. If the visit is shorter than 6 months then she shouldn't have any problems.
Kathryn41FemaleCanada2009-04-05 13:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHELLPPPPP!!!!!!
One post has been removed by the OP's request

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Moderator hat off now . . .

Before we suggest that the AOS is impossible or not, we need to know 'how' she entered, You said her parents brought her here when she was 6 years old. How did her parents enter the US? Did they enter illegally without inspection or did they enter with some sort of visa that they overstayed?

If they entered legally - that is were inspected at the border and allowed to enter the country, then your wife can apply to adjust status from whatever status she and her parents were given when they entered the country. Upon approval any overstay time would be forgiven for your wife.

If they entered illegally - that is were not inspected at the border but entered surreptitiously, then your wife would not be allowed to adjust status because, as has been mentioned, she has no status from which to adjust. She is in the country illegally.

If the second is true, then she is only able to get permission to live in the US by obtaining a CR-1 visa that is processed outside of the US. She would need to leave the US for the immigration processing part. Once she leaves the US, however, if she is over 18 1/2 years old, she would incur either a 3 year ban or a 10 year ban depending on how much older she is than 18. USCIS does not count time spent in the country illegally prior to 18 years of age other than making note of it. Once someone turns 18 and is no longer a minor, they start to accrue illegal status days. 180 days of illegal status means that they would have a 3 year ban on re-entering the US when they left; if more than 1 year of out of status days, then they would have a 10 year ban on re-entry. This ban can be waivered if the US citizen can prove undue hardship caused by the separation but it will take extra time and hard work and should be done with the services of a competent and knowledgeable immigration lawyer.

So, those are basically your two options - and the one that applies depends on how she entered the country with her parents and how old she is now.

Edited by Kathryn41, 13 September 2011 - 08:49 AM.

Kathryn41FemaleCanada2011-09-13 08:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 and I-864EZ
Topic has been moved from AOS forum to the more appropriate CR-1 forum
Kathryn41FemaleCanada2011-09-26 20:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAfter Green Card is received...how long must he remain in the US?
Topic moved from AOS forum to CR-1 forum as a more appropriate location for this discussion :) .
Kathryn41FemaleCanada2011-09-28 20:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHELP

Hi rhiz,

Sorry to hear that. As what other VJ's said, try mo ulit kausapin hubby mo..Not sure if oks to, try mo kol USCIS if may file kayo doon. Matagal na yung Feb na filling. April kami nag file, CR1 din, pero nasa NVC na docs namin.If honest husband xa, dapat alam mo every detail lalo na sa processing ng papers nyo. naghingi ba xa sayo ng mga civil docs mo like BC, MC nyo, ID picture mo, etc.? If talagang nagfile xa, you can check your status at USCIS website, basta alam mo rin yung Receipt number mo.....We will pray for you ...Sana maging okay ang lahat. God bless.


I realize you are trying to help but please only use English in the immigration forums. If you wish to use tagalog, then please use it only in the Philippines Regional forum. Thank you

Edited by Kathryn41, 25 September 2011 - 09:00 PM.

Kathryn41FemaleCanada2011-09-25 21:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresThe full truth about mental health issues
post containing personal attack has been removed
Kathryn41FemaleCanada2011-05-14 00:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresLost and Frustrated in Brazil
thread has been moved from Adjustment of Status forum as OP is applying for a spousal visa and this forum is a more appropriate location for this discussion.
Kathryn41FemaleCanada2011-10-14 18:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHeading to USA
Congratulations! I guess it's not official until the airline misplaces your luggage and it arrives home separately from you :D . Welcome to the US. :)
Kathryn41FemaleCanada2011-10-17 22:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNVC Expedite Request

Hummm, I was trying to edit my post but the system tells me I do not have permission so I replied instead. This post has been updated from the previous post.

Just a note to others who may have received an expedite approval from USCIS. When I was talking to the NVC operator I asked him if the USCIS expedite approval follows all the way through the process and was told "no, it does not. You must also request and expedite request to the NVC or your NVC case will process normally".

To request an expedite from NVC:

1) Call NVC and tell them that you received an Expedite Approval from USCIS. They will ask for your case number.
2) You will be asked to send a Doctor's letter by snail mail to a NVC Supervisor.
3) Ask if you can Fax or Email the letter instead. Email is an option but they do not tell you unless you ask.
4) Your email must:
a) Be addressed to NVCINQUIRY@STATE.GOV
b) Subject line "Attention Supervisor (Supervisor's name given to you during your phone call)"
c) Contain your name and birth date
d) Contain your beneficiary's name, birth date and USCIS case number
e) Contain your explanation for your need of an Expedite
f) Contain the scanned (pdf is best) and attached Doctor's letter explaining you medical condition "in layman's terms"


First post removed at the Poster's request

Edited by Kathryn41, 24 July 2010 - 02:39 PM.

Kathryn41FemaleCanada2010-07-24 14:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMinor Joint Sponsor on AOS Issue
Topic moved from AOS forum to the CR-1 forum as the OP is pursuing a CR-1 visa through a US Consulate and not an AOS from within the US.
Kathryn41FemaleCanada2011-11-16 19:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat are the main reasons for a visa denial?
Topic has been moved from K-3 file as OP has been slated for a CR-1 visa by USCIS
Kathryn41FemaleCanada2011-11-17 17:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling for my husband in the USA
As OP appears to have filed only the I-130 and not the I-129f as well, she is applying for a CR-1 visa, not a K-3 visa, so I am moving this thread to the CR-1 forum as a more useful location for her to receive information.
Kathryn41FemaleCanada2011-11-22 22:32:00
IR-1 / CR-1 Spouse Visa Process & Proceduresis this a willful misrepresentation?? plz help
ah, I missed that 'gf' the first time around.

Yes, then, he lied to the officer. It may or may not be a 'material misrepresentation'. Having a girlfriend is not grounds for exclusion nor a listed reason for denial. The officer may or may not have granted the visa if she had known about the girl friend. It would probably not be considered material misrepresentation but it would still be misrepresentation. It was also given orally and not in writing, which apparently does make a difference as well.

Edited by Kathryn41, 24 November 2011 - 11:48 PM.

Kathryn41FemaleCanada2011-11-24 23:37:00
IR-1 / CR-1 Spouse Visa Process & Proceduresis this a willful misrepresentation?? plz help
Yes, if he asked if you were single, then you answered correctly. You were not married, therefore, you were single. If he had asked if you were involved with anyone or had a girlfriend and you had said 'no', then you would have been lying, but since he didn't ask that question you didn't have to answer it. You did not need to volunteer the information that you had a girlfriend. Having an 'undisclosed' girlfriend is not grounds for excludability. You are still allowed to have a girlfriend or to be in a relationship if you have a visitors visa as long as you observe the terms of the visa. You did. You remained a visitor and you returned home when the visa expired. This visit was probably one that actually helped to further your relationship so that you ended up married. USCIS likes to see proof of evidence of relationship and visiting prior to getting married helps to establish this as a valid relationship.

Good luck at the interview. You didn't misrepresent yourself in order to get the visa.
Kathryn41FemaleCanada2011-11-24 12:39:00
IR-1 / CR-1 Spouse Visa Process & Procedureswe realy need help ,,,, thanks
If your Islamic divorce was considered valid in Egypt, then I believe USCIS officials would understand that this is a valid means of divorce. They have asked you to provide them with the documentation to verify your divorce and you have done that. They have said that they doubt the validity of this current marriage. I believe this is what you will need to address. You should try and gather together all of the documents that you can find - copies of your travels to the visit Sara, copies of Sara's travel to Egypt; your marriage documents, any evidence of your life together in Egypt - signed affidavits from friends and family members in both the US and in Egypt; write out a timeline of your relationship, from when you first met Sara and document each stage. Living together in Egypt for 2 years seems to me like a pretty strong indication of good evidence. If you have any 'red flag' reasons why your relationship might not be considered valid - different religions, big age differences, is Sara a relative of your sister's in-laws in America, things like this - be prepared to address them. You may wish to consult with a lawyer as suggested above.

If the petition has been sent back to a USCIS office, they will look at all of the evidence about the relationship and decide if the evidence indicates a real relationship or a fraudulent relationship. Ideally, they will 'reaffirm' the petition - which means they believe it to be a real relationship - and send it back to the Consulate in Cairo. Cairo may then request more evidence from you or require another interview. Did your wife go with you to the first interview? If not, see if she can make this second interview.

If USCIS agrees with the Consulate and cancels the petition, then you should speak with a lawyer. You will need to refute/challenge the allegations that the relationship is fraudulent in order to qualify for a new petition. You don't want that finding to remain on your file. So, gather together the documentary evidence that proves your relationship now. You will need it either to present to the Consulate for the re-affirmed petition, or you will need it to work with a lawyer to challenge the finding of fraud.

Good luck to you. I hope it all works out in your favour. At least you know that the two of you are together and can have a good life together in Egypt if that is what ends up happening. Hopefully you will both be allowed to live the life you want together in the US.
Kathryn41FemaleCanada2011-11-24 12:55:00
IR-1 / CR-1 Spouse Visa Process & Procedures3 months in the US and still no green card
post containing spam has been removed and spammer flagged.
Kathryn41FemaleCanada2011-11-27 20:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCanadian marrying US citizen
~~~~~~~~~~~~~~~~~~~~~~

I've also moved this thread from the K-3 forum to the CR-1 forum as the OP is discussing pursuing a CR-1 visa
Kathryn41FemaleCanada2011-11-27 22:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCanadian marrying US citizen
Yes, the CR-1 visa is the correct visa to pursue. Yes, you can visit your /fianceewife in the US and she can visit you in Canada.

Prepare a package of evidence that provides proof of your ties to Canada- employment information (letter from employer), proof of having to return to work at the end of your visits south, ongoing financial obligations in Canada, insurance, rent/mortgage receipts, upcoming appointments, return flight tickets, etc; Don't put resumes or out of season clothing in your luggage or bring more than you need for your time together.

If you are asked, you say you are visiting your fiancee. If they ask about getting married, then you answer the question and in this case you can volunteer a little bit more to reassure them that you are not a potential immigration risk. You can say, 'Yes, we are planning on getting married on XXXX date" or "we are thinking of getting married but don't have a date yet" and add '"We will be filing for a CR-1 visa at that time. We hope to visit back and forth but I am staying in Canada until we get the visa because of work obligations" (you can add other obligations as well if they are applicable). It is always a good idea to volunteer the date of your return on any visit as well, such as "I am flying to Texas for 5 days and will be coming back next Tuesday" or something like that. You 'plant' the information that you are intending on returning home.

It is volunteering a little bit more information, but it is information that advises them that you are a) aware of the proper process and know what to do, and b) you are planning on doing things legally.

Make sure the package of evidence you have on the visit on which you get married is really strong. You don't want to be turned back on that occasion.

Once you have your CR-1 package underway, carry a copy of it with you when you travel, especially after you get the first receipt from USCIS - it is good evidence of your intent to do things legally.

They can turn you back at the border at any time and if they think you might marry and stay in the US, they will certainly turn you back, so you need to make sure they get the information that you have no intentions of remaining in the US until you enter with the visa.

Edited by Kathryn41, 27 November 2011 - 09:58 PM.

Kathryn41FemaleCanada2011-11-27 21:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestions about Green Card - possible to renew? Please read
Moving this thread from US Citizenship Discussion to CR-1 forum as this is not a citizenship issue:

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Moderator hat off . . .

As unpalatable as it is, you are going to have to face the reality that your wife needs an immigrant visa before she will be allowed to live in the US with you. I know you do not wish to be separated. No couple wants to be, yet many do go through periods of separation because of necessity. In this case, the requirements of an immigration visa and the timing of your new job mean this is one of those necessities.

The paperwork takes approximately a year. As Hikergirl metioned, your wife is not eligible to file to become a permanent resident from within the US. She has immigrant intent and in all likelihood such an application would be denied and you would then have to start the visa paperwork with her outside of the US, possibly dealing with a ban on re-entering the US until she has the visa. As others mentioned in this thread, the green card she had as a child has long since been cancelled. There is no option under US law to re-instate an expired green card under the circumstances you have outlined. An Immigration judge would not be able to change to law to make this happen. It is not a matter of pleading individual circumstances; it is a matter of US immigration law.

You may wish to put selling your house on hold for the meantime, plan on you moving down to start work and to 'scout' out the territory, renting instead of buying for the year it takes for the paperwork to process, and when she is close to the time of getting her visa, then putting your house back on the market. You may find your employer willing to pick up some of the relocation costs involved in renting until the time she is able to move to the US as this is definitely an expense related to your relocation.

One of the things you as the US citizen also need to do in order for your wife to obtain a CR-1 visa is to prove 'domicile' in the US. That means before your wife can be approved you need to have re-established ties in the US yourself and have proof of that This appears to be a bigger issue for the US Consulate in Montreal than for many other countries so you may wish to read the thread on establishing domicile that is pinned at the top of the Canada forum'.

Your wife will be allowed to visit you as long as she can provide proof of her ties to Canada each and every time she crosses the border.

USCIS really is not too concerned with the impacts such situations have on families. You will not find them sympathetic to your situation. The sooner you get started on the visa paperwork, the sooner it will get done and the sooner you will all be able to be together in the US. In the meantime, plan on how you are going to manage having to live in two countries over the next year because unfortunately, that appears to be what you will have to do.

Edited by Kathryn41, 28 November 2011 - 08:45 PM.

Kathryn41FemaleCanada2011-11-28 20:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPLS guys im lost ineed help
It is important to know that when your wife calls the USCIS information line, she is not speaking with an immigration officer.; The person who answers the phone is a call center employee. They do not have access to any special information. All they know is the same thing that your wife sees on her computer when she checks into the USCIS Status update. The Information Hotline is also known as the 'Misinformation Line' as if often gives out wrong information.

The call center employees are not trained in immigration - they only read off of a prepared script for normal situations. So, the information you received on both calls is suspect - which means you cannot trust it is right.

Since your wife hasn't received anything in the mail she has two options she can try:

1) call the information line again and this time explain that the receipt notice is 'late' and hasn't been received and she needs to speak with an immigration officer. The person who answers the phone can then transfer her to a real immigration officer who can access her account and let her know what is going on.

2) make an infopass appointment at her local USCIS office and ask to speak to an immigration officer in person. The immigration officer can then look up the information on file and let her know what is going on.

It may be that the information was posted by mistake as the first person told her, especially as the Senator's office was told the same thing. Approval for the I-130 almost always takes longer than 2 to 3 months (usually between 5 to 7 months) so posting that it was approved sounds like it could have been a mistake. The second person your wife talked to would only be able to read what was on the computer screen that your wife sees and has no way of knowing if that is accurate or not. She would not have been able to check anywhere, so I would also be suspicious of what she said.

It may be that USCIS is still working on your I-130 petition but have not yet changed the message posted in error on the computer. They don't always update the information in a reliable way. So, have your wife do one of the two items posted above and hopefully she will find out where things are.

I hope this helps. Good luck.

Edited by Kathryn41, 20 December 2011 - 08:13 PM.

Kathryn41FemaleCanada2011-12-20 20:10:00
IR-1 / CR-1 Spouse Visa Process & Proceduresinterview
Duplicate thread has been moved from K-1 forum as OP is not a fiancee but a spouse, and joined to this thread in the CR-1 forum. OP has K-3 listed but not sure if the interview is for the K-3 or the CR-1 spousal visa so leaving in this forum for now.
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Good luck on the interview.

Edited by Kathryn41, 20 December 2011 - 07:46 PM.

Kathryn41FemaleCanada2011-12-20 19:46:00