ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresDo I need official DS230 Packet or can I start early?
QUOTE (Charles & Ai @ Feb 21 2009, 05:56 PM) <{POST_SNAPBACK}>
Do I need the official DS230 packet to fill out or can I just print off from the internet the DS230 form then send that in?

I want to get a head start and no wait for the packet!


Check the Short Cut information if you are not familar with the process.

For quick answer, you have to wait until you pay IV fee.
After you paying IV fee, you can generate "Cover Page" for your case.
Also, make sure that you write the NVC case number on the top, right corner of each page.


moonhuntMaleSouth Korea2009-02-21 20:13:00
IR-1 / CR-1 Spouse Visa Process & Proceduresdocuments to bring at POE
QUOTE (lecy @ Feb 17 2009, 05:36 PM) <{POST_SNAPBACK}>
thank you all my dear vj friends for replying...

this site helps me a lot.... keep up the good work!!!! good.gif


Probably I don't need to mention it, but don't put MBE(Misterious Brown Envelope) in your check-in luggage.
Carry MBE and Passport with you always until you hand off those to POE officer.
Never put it out of your sight. whistling.gif
moonhuntMaleSouth Korea2009-02-17 20:08:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIR-1 vs CR-1?
QUOTE (trinket @ Feb 23 2009, 10:06 AM) <{POST_SNAPBACK}>
About IR-1, I realise most people take citizenship and are done with the USCIS forever. But I don't plan to take citizenship, so what happens after 10 years.

--Do I have to go back to India to renew my IR-1
-- Hypothetically speaking what if my husband(petitioner) dies or we aren't together by 10 years time; will that effect of me renewing IR-1?


As long as you are living in U.S., it will be o.k. for IR-1.
But you have to file I-90 when your I-551 permanent resident card is due for expiration.
That will cost $290 plus $80 for biometric.
Your permanent residency will not canceled as long as you maintain the residency in U.S.
But if your greencard (I-551 permanent resident card) is expired, you can not use the green card for travel, or other purpose.
So pretty much you have to renew it every 10 years.

You don't have to go back to India since you can file I-90 with USCIS in the U.S.
Permanent residency is granted to you, so your husband's death or divorce will not affect your permanent residency.

But if you make any crime or felony charge, you can be deported with permanent residency cancelation.
Also, if you travel too many times, or stay out of U.S.A for extended period, then USCIS may think that you are not living in the U.S., so they can cancel your permenant residency, and kicked out from the airport.

moonhuntMaleSouth Korea2009-02-23 12:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIR-1 vs CR-1?
Biggest difference between CR1 and IR1 is the word, "conditional".
With CR1, if you don't renew the conditional green card, you may loose your permanent residency.
With IR1, even if it has expiry date, technically you don't loose your permanent residency if it is expired.
You may have some problems because it is expired, but you can renew when you need it.

But CR1 is expired, then you are done.
If you miss the renewal time - from 90 days prior to 2 year anniversary date from GC issued date to 2 year anniversary date - for filing I-751 removing the condition , you will loose permanent residency.
moonhuntMaleSouth Korea2009-02-23 09:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresApril 2009 - Interview Schedule (Hopeful)
Didn't you get interview date confirmed from NVC when they completed your case ?

You can check Ling Che's short cut list to find out how to track DHL delivery from NVC to US Embassy.

http://www.visajourn...he_NVC_ShortCut

As soon as you have confirmed the delivery of the package from NVC to US Embassy in Bangkok,
you can contact US Embassy in Bangkok to find out the status.

http://bangkok.usemb...nformation.html

Probably total numbers of interviewee for April will be less than usual months because of Songkran, and others.
It seems that they assign limited number of persons per day.
So if they have less working days for the month, total numbers for interview should be less than normal.

If you have the case number, you can check whether it is scheduled or not.

http://bangkok.usemb...pointments.html

It seems that they have scheduled up to 03/31/2009.

If you are sure that your package is delivered to US Embassy in BAngkok,
you may want to write email to US Embassy CONS/IV section per their instructions.

"Email inquiries should be directed to: visasbkk@state.gov. Please include the words “IV Inquiry” and your case number which would begin with the letters “BNK” followed by ten digits in the subject line. We do our best to respond to inquiries within three business days. "

QUOTE (Nahathai_Ike @ Feb 18 2009, 01:29 PM) <{POST_SNAPBACK}>
Good afternoon,

Thanks goodness that February is a short month. Apparently, we have not been selected for the March 2009 interview. This means our case will be pushed to April, 2009, if we have found the slot.

Our case has been completed six weeks ago, in the first week of January, 2009.

There is a situation, which someone might be able to post his/her opinion here.

In Thailand, there is a New Year's festival occurred around second week of April, 13th to 15th, for a total of three days. (People will be off work for a 5-day weekend.) The US embassy will be closed for three days as well. A week prior to that week, there is one official holiday as well, (four days off -> there are only 17 business days left for the whole month.)

In this situation, do you think the number of the interviewees will be reduced as well, because there are too many holidays in the month? (The last day Friday of the month, the embassy will be closed.)

Second question -> Is the April 2009 schedule being conducted / selected in the 2nd week of March?

By the first week of April, our case should be approximately 12 weeks old after our completion at NVC. We are on IR-1/CR1. I am uncertain whether this is a normal wait time.

We would like to hear your opinion. Thanks.


moonhuntMaleSouth Korea2009-02-19 23:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresGreen Card
Usually your spouse will receive I-551 Permanent resident card, also known as Green Card, in 30 days.
US CBP employee should confirm the mail address for the card delivery when they interview you guys from POE.
That's the address USCIS will use for I-551 card delivery.

*P.S. I-551 card is actually pink-kind of backgound color. It used be green color background color one time.

Edited by moonhunt, 09 March 2009 - 03:43 AM.

moonhuntMaleSouth Korea2009-03-09 03:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPending I-130 with F-1 dual intent?
Not yet.
I'm waiting for official translated marriage certificate.
moonhuntMaleSouth Korea2007-04-27 16:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPending I-130 with F-1 dual intent?
Hi Guys,

I'm wondering whether F-1 student visa is considered as dual intent, or not.
I'm almost done with I-130 filing for my wife, but instead of waiting for INS, NVC,and Consulate Processing,
I would like to bring my wife to US graduate school as F-1 visa if possible.
I know H-1B, L visa can be dual intent allowable, so you can come to U.S. while I-130 is under processing.
But how abow F-1 visa?
I think I saw something about it, but I couldn't remember where I saw it.
moonhuntMaleSouth Korea2007-04-27 16:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIV VISA ERROR PLEASE HELP!!!
Last 01 may be minor revision number or something like that.
moonhuntMaleSouth Korea2007-05-01 14:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 petition denial question
There should be different viewpoint from consular officer, who is issuing VISA, and immigration inspecter at POE, who is allowing him/her to U.S.
Illegal overstay will be considered from Consular officer when issuing the VISA, but it may be enforced at POE by immigration inspector/officer.

But if he is married to US Citizen, this banning based on illegal overstay will not applied to him if I understand correctly.
But there may be some trouble from consular officer's interview or POE entry.
So I would recommend her to consult immigration attorney to have either waiver letter from government organization - either from State department consular section or USBCE -, Or he can get clear letter from immigration attorney stating relevant law that because he is spouse of US Citizen, he is not subject to banning based on illegal overstay.
Technically USCIS doesn't have jurisdiction over what consular office or POE is doing.
I'm seeing he still may have trouble with POE when he is getting back to US since those overstay record still in the system.

Edited by moonhunt, 02 May 2007 - 03:01 PM.

moonhuntMaleSouth Korea2007-05-02 14:59:00
IR-1 / CR-1 Spouse Visa Process & Proceduresquestion for those who came on ir1/cr1 here
Yes, it should be checked as "resident" for customs declaration form.
Which line she should standing on will be depending on the situation.
Best way to figure out is to ask immigration officer, who is doing traffic control on the site.
You will see immigration officer to let the people know which line they should be lined.
She may direct dedicated booth/desk for "new" immigration people, or resident/citizen line.
Since it is first time to come to U.S., if you have lots of items for move-in, you may tell to Customs officer that you are "new" immigrant to U.S. so they can waive some taxes on items for move-in situation.
moonhuntMaleSouth Korea2007-05-02 14:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWHAT does case barcode strip mean ?
I think that bar code, if I remember correctly, means the case number, and visa category, and other info to track your case from their computer system.
So they just scan it to recollect the information from their computer system instead of typing all case numbers.
But who knows? It may be just cosmetic, and they may just type all case numbers in hand. :-)
moonhuntMaleSouth Korea2007-05-21 22:08:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1 in hand, but have a problem

One last angle. It seems to me that if we attend our scheduled InfoPass appointment about this issue, we will probably be told there is nothing to do but wait for the permanent greencard. It seems unlikely that the problem described in my original post can be "fixed" without USCIS somehow sending John's passport away, which as I said before is his only photo ID at the moment.

Can anybody think of a scenario where the corrected date in the passport/visa will be a problem after the "real" greencard arrives?

The "real" greencard bears a photo, doesn't it? So we won't really even need to use the one in his passport once the other one is in hand, right? Does anyone think we just cancel the InfoPass appointment and use the visa/passport for whatever we can until the "real" greencard comes?

Sorry I keep coming back with more questions. After reading all of your kind responses, we are doubting the trouble and expense required to drive to Charlotte ... .

Alice :wacko:


No, not a problem. When you go to local USCIS office for infopass, they may stamp temporary I-551 with 1 year validity. And that's it.
I think you can try it.
But in the meantime, I think plastic I-551 will be in the way to your home any way.
I-551 stamp from the passport is for temporary until your husband receive plastic formal I-551 card.
I think it will be fine with current I-551 stamp from the passport.
Usually you will receive actual plastic I-551 card from the mail within 3-4 weeks.
moonhuntMaleSouth Korea2007-05-24 20:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1 in hand, but have a problem

Hello, everyone. My husband arrived last week with a CR-1 from the UK, but we have a bit of a problem. On the page opposite the actual visa, the following message is stamped in red:

"Applicant advised of the provisions of Section 216 and of the procedures for having the conditional basis of his/her status removed"

Next to that stamp, the officer at the Port of Entry handwrote 5/14/08, then wrote a 9 over the 8, as the visa is supposed to be good for two years. My husband was buzzing from the experience at the time, and didn't notice this had occurred. The officer didn't initial the change or write his ID number or anything. Just a hand-corrected date.

You can imagine what is happening. The DMV won't give him a driver's license because his visa looks tampered with, and the Social Security office (who were never informed that he had requested a SSN to be issued although he did all the right things to have this done for him) won't process a card for him, thus he can't apply for work until this is resolved.

We have an Info Pass appointment for next Tuesday (Charlotte, NC), and will bring the troublesome visa for their review. I have tried to get some idea via telephone of what will likely have to happen to resolve this, but have had no luck. I assume they'll need to keep the visa to correct it ... but for how long? John really needs to start working. At least he can drive for 90 days on his UK license here, but if the immigrations people take his visa he'll have no photo ID whatsoever.

An aside: we noticed a line on the visa page itself, in small black letters near the bottom, that says "Upon endorsement serves as temporary I-551 evidencing permanent residence for 1 year". Isn't the CR-1 a 2-year visa? So far both the Social Security office and the DMV have misinterpreted this to mean his visa is a 1-year deal. I'm concerned that a prospective employer who hasn't seen a CR-1 before will think the same.

Please lend me your expertise. This is getting a little stressful. :help:

Alice


It seems normal to me except that correction.
For CR-1/IR-1, immigration officer at the port of entry will stamp on the passport with hand-written A# number. Usually that stamp is valid for 1 year from first entry, which is temporary.
In the meantime, USCIS sent the order for actual I-551 (Permanent Resident Card, A.K.A. Green Card) plastic one.
Your husband will receive actual plastic I-551 card in 3~4 weeks by mail.
But sometimes it may take more than 1 month.
If your husband doesn't receive actual card in 3 months, he should call USCIS to check the status.
For SSA, and DMV, if I were your husband, I would wait for actual card delivery.
It shouldn't be mattered, but some people, who is not familar with immigration, may issue driver license valid for 1 year because temporary stamp said so.
Also, if your husband is CR-1 case, don't forget that you have one more step.
From the date of entry printed on your husband I-551 card, count for 2 years, and minus 90 days.
That's the day you and your husband needs to file I-751 to remove the condition and renew I-551 with 10 year validity.
So you may mark your calendar for that day.
If you and your husband forget to file I-751 between ( first entry date + 2 years - 90 days ) and (first entry date + 2 years ), your husband's permanent residency right may be canceled.
Basically the filing of I-751 is that USCIS wants to check whether you and your husband is really in good shape in marriage, and not for immigration scam to marriage to get Lawful Permanent Residency status.
moonhuntMaleSouth Korea2007-05-22 12:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresZIP CODE CHANGED FOR MY CITY IN CALIFORNIA

HI Everyone,



I am in process of recieving my IV fee bill Now issue it my Zip code is changed Where i live. I got notification by United state ppostal service today in mail that effectivley from July 1 2007 Zip code is changing. Do you think it will be consider as change of address? DO I NEED TO NOTIFY NVC ABOUT THIS CERTAIN CHANGE OR THEY WILL KNOW AUTOMATICALLY? PLEASE HELP I DONT WANT ANY DELAY IN MY CASE THEIR ALREADY BEEN DELAY. MY IV FEE BILL WAS GENERATED ON 14th MAY 2007 and i havent recieved it yet.



Thanks eveyrone in advance
calijattt


I wouldn't worry about it too much. It may be delayed one or two days, but it will be handled by USPS for a while.
But just in case, if I were you, I will write the letter to NVC to notify the change of ZIP code ASAP.
Usually USPS have the grace period for handling both previous/new zip code.
USPS may put the label for new zip code for their scanning system. :-)
moonhuntMaleSouth Korea2007-05-30 11:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 or something else

Thanks for all replies. They are ever informative.

Of course, the girl (Vietnamese) entered US with the B1 visa without immigration intention or to get married. But now, she met my friend and wants to stay with him. This is the first time she entered US, and my USC friend, who is from Vietnam also, never go (back) to Vietnam in 17 years. Therefore, they never met before.



I have a question for you. You said the girl has Visa expired at Jan 2008. I don't understand this part. :-)
Please forgive me if I'm wrong.
For tourist visa such as B1, immigration officer at POE stamps for 6 month validity for the stay.
If I calculate correctly, Jan 2008 can not be at this moment.
Are you sure about this?
Are you talking about actual B1 Visa expiry date or expiry date in immigration officer's stamp ?
If you are talking about B1 visa expiry date, it doesn't matter.
It is validity for US entrance allowable by POE immigration officer.
Not for period she CAN stay in U.S.
The period she can stay legally in U.S. is either stamped or written down by immigration officer in the passport.
It may be marked as "Admitted" or something like that.

If your friend is US Citizen, it will be o.k. with US CIS when they process I-130/I-485.
If your friend is not U.S. Citizen, she can try to file I-539 to extend her valid stay period for current status while processing I-130/I-485.
moonhuntMaleSouth Korea2007-05-23 16:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 or something else

My friend met and fell in love this girl who entered US on B1 (visitor) visa. Her visa expired next Jan 2008. They plan to get marry soon. My friend can proceed the CR1 route? I.E. After getting their marriage certificate, they can file I-130, and then I-485 (AOS)?


No and yes. No, she doesn't need a visa so it would not be the CR1 route. CR1 is a visa. Yes, they can file I-130 and and I-485 but do so at the same time. I suggest you have your friend access this site and study the guides then he can come back with any questions and get first-hand answers.



My friend's English is not that good, so I'm trying to gather preliminary info for him. Should we go that route (I-130 and i-485) like you mentioned above? Do we stand a good chance? If not, she will be denied and banned which would cause many years of separation. If yes, then they should go for it because they do not want to be apart. Or his girlfriend should go back and then he can file K1/K3/CR-1?


CR-1 is the USCIS category, not visa type.


Huh?


As far as I know, K1/K3 is visa type.
Maybe I-551 (Permanent Resident Card ) can be considered as acting as VISA, since immigration officer at POE write it down as ARC.
IR-1/CR-1 is the category used within US CIS, not the visa type.
Similar to F2A, or F3... :-)
I just want to point out. ^.^
Also, since it is category code used within USCIS, sometimes referred from Embassy Consular department,
it can be changed.
When you file I-130, it may be categorized as F2A, or CR-1, then later when you actually have interview either at US Embassy or USCIS local office, it may be granted as CR-1 or IR-1 depending on status/time change.
So it is USCIS internal category for preference, not VISA Type from Department of State. :-)
moonhuntMaleSouth Korea2007-05-23 15:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 or something else

My friend met and fell in love this girl who entered US on B1 (visitor) visa. Her visa expired next Jan 2008. They plan to get marry soon. My friend can proceed the CR1 route? I.E. After getting their marriage certificate, they can file I-130, and then I-485 (AOS)?


No and yes. No, she doesn't need a visa so it would not be the CR1 route. CR1 is a visa. Yes, they can file I-130 and and I-485 but do so at the same time. I suggest you have your friend access this site and study the guides then he can come back with any questions and get first-hand answers.



My friend's English is not that good, so I'm trying to gather preliminary info for him. Should we go that route (I-130 and i-485) like you mentioned above? Do we stand a good chance? If not, she will be denied and banned which would cause many years of separation. If yes, then they should go for it because they do not want to be apart. Or his girlfriend should go back and then he can file K1/K3/CR-1?


Basically it's same thing. Key fact is whether their marriage is bona fide (real) marriage, and US Citizen (your friend) can support his/her spouse from financial viewpoint.
CR-1 is the USCIS category, not visa type.

K1 is the non-immigrant visa for US citizen's fiancee to entier U.S. and getting married in 90 days, then go through same I-130/I-485 process.
So your friend can use K-1 only if his/her financee live in foreign country, which means out-of-U.S.

K3 is also non-immigrant visa for US Citizen to bring his/her spouse, which means they already got married, into U.S. then go through same I-130/I-485 process.

So I think best bet at this moment if they got married, they just file I-130/I-485 based on their marriage.
US Citizen's spouse can be waved for illegal stay.

If your friend's soon-to-be spouse just get into U.S., I would recommend to wait for 3 months from entering date, for doing nothing.
For an example, if he/she entered to U.S. at 05/10/2007, just enjoy the time with your friend until 08/20/2007, and then go to the local government - city clerk office - to get marriage license, then go through marriage certificate process. Then file I-130 (for Permanent residentship) along with I-485 (Adjustment of status, B1 to Permanent Resident).

Usually USCIS is suspicious about request for status change, or any activities indicating long stay such as bank account open, SSN request, driver license request within 60 days from entering U.S., so they may consider he/she has intent to stay in U.S., and make false statement at Port of Entry - in this case, tourist versus immigration.

So for first 60 days from entering U.S., stay low, and don't open the bank account, don't try anything except enjoying the time with soon-to-be spouse US Citizen.

Edited by moonhunt, 23 May 2007 - 01:57 PM.

moonhuntMaleSouth Korea2007-05-23 13:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFinding out about prior Immigrations Violations

My husband has a previous entry from 1993. He claims there is no proof of this entry and we should go for the Waiver in Mexico. How would I find out if the US really does not have any prior violations on record? I was told to request and FOIA, but from who? Boarder Protection? Is there other ways. He says he was never finger printed going in or out and never stopped during entry or exit.


No matter what, your husband needs to describe country's in and out for last 5 or 10 years whatever specify in instruction.
It doesn't matter US CIS has record or not.
If your husband doesn't describe as it was, they may find it later, and use it against "Good moral" character.
But I think they ask for the records for 5 or 10 years, and 1993 is more than 10 years ago.
So your husband may not need to declare it unless he violate immigration law or something like that, which is different story from in/out record issue.
moonhuntMaleSouth Korea2007-06-11 18:58:00
IR-1 / CR-1 Spouse Visa Process & Procedures6 Months and still waiting for i-130 NOA2

thanks for reply guys..i dunoo why you moved my thread but i think im going to mail that 129f what else i can do..this is just torture especially when i couldnt even wait a day to see heer



You can find the contact info for your state Senator by typing "NJ Senator" in Google. ^.^
It brings up this site.


http://www.senate.go...fm.cfm?State=NJ
moonhuntMaleSouth Korea2007-06-12 02:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHumor

Today I received official notice o forward my wife's 230 to NVC. Interesting because I have not received the IV billing which is required to activate the 230 request. We are still waiting for the IV bill it has been reported to be mailed last week ... from NVC. So, I called NVC and I was informed that I definitely " did not receive my form from them ", So there it is...POSITIVE Proof that there is an alien force on this planet and they are involved in the immigration pocess. The Roswell faithful are all breathing easier now.


Hmmm...
That's why they are trying to catch E.T. ?
Because he/she is undocumented alien?
moonhuntMaleSouth Korea2007-06-27 13:44:00
IR-1 / CR-1 Spouse Visa Process & Procedurespay stub+3tax years?

THANKS moonhunt and to all

just i dont fully understand of the explanation of my 1st Q ....who can make things clearer?

THANKS


When you send I-864, you may need to include/attach only last year's (latest) Tax Return copy (along with all attachment such as W2) or transcript only.
But when you fill out I-864 form, I-864 form itself asks last 3 years income information from Tax returns, but not necessarly to send the proof such as tax return copy or tax transcript from IRS.

Optionally you can include last 3 years' tax return copy or transcript if you want to.

But I recommend to include only last year's tax return/transcript copy when you send I-864, and carry last 3 year's tax return/transcript copy when you go to interview just in case.

US CIS and Embassy/Consulate has already full load of paperwork, so don't add additional load until they want to see it while in interview process.
moonhuntMaleSouth Korea2007-06-28 15:36:00
IR-1 / CR-1 Spouse Visa Process & Procedurespay stub+3tax years?

HI TO ALL,

intending to have a cosponsor and want to know about 2 points :

1- is it necessary for the cosponsor to put her 3 most recnt tax years or the most recent one of 2006 is enough?

2- Does the cosponsor and the petioner (my wife) have to include their most recent pay stub ?

MANY THANKS


For question 1, you may have to put last 3 year's tax return info for I-864, but you only need to "include" latest/recent year tax return info for I-864 attachment/evidence.

For question 2, not necessarily, but when you have interview, you may want to bring those pay stubs along with last 3 year's tax return as additional evidence just in case.
moonhuntMaleSouth Korea2007-06-27 13:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNVC re: wife and stepdaughter

Guys,

Also how do I get my old K-1 timeline off my new post?


Check your Signature info from "My Control".

If you have different case numbers for your wife and step-daughter, yes, there will be fee paid per individual case.
moonhuntMaleSouth Korea2007-06-27 23:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat are the`advantages of CR1 over K3?

Seems like K3's are quicker and the I-130 is included anyway if the K3 has a problem.

Need advice before August... PUHLEEZ! :thumbs:


The other thing is hassle to go through AOS process after entering U.S.
CR1 holder will be done when he/she comes to U.S.
Immigration officer at Port of Entry (Airports , entry point from ground or harbor) will stamp passport with temporary I-551 stamp with 1 year validity.
Then US CIS will send plastic permanent resident card within 1~2 months.
He/she can work right away after receiving I-551 temp stamp in theory, but after receiving official I-551 plastic card in reality in most case.

But K3 visa holder needs to follow additional process to go through Adjustment of Status (I-485) and interview process after getting into U.S.
This will take a couple of months easily.
In the meantime, he/she can not start to work unless getting EAD approval.


So K3 will bring both together a little bit earlier, but it will take more time to receive actual I-551 Green card.
CR1 will take additional one or two months comparing to K3, but the process will be much simpler.
moonhuntMaleSouth Korea2007-07-04 22:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAlready married to a US citizen in a foreign country - Should marriage be registered in the US?

Hi. I was wondering if I have to get our marriage registered in the US. I am already married to a US citizen and am living in the US on CR1. We got officially married in a foreign country. Do I have to register the marriage again in the US? Is the foreign marriage certificate valid in the US?
Thanks in advance.


When I check my county for same issue, they don't allow it because any marriage followed foreign law is considered as legal marriage in U.S.
So if you try to register it again, it is considered as duplicated, and the system doesn't allow it.

You may try to confirm with your local government, but by concept itself, you can not register your marriage if you already registered your marriage in somewhere else even if it is foreign country followed by foreign law.
moonhuntMaleSouth Korea2007-07-06 02:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 approval dates

Hi All ,i see uscis california are now processing dec2006 for I-130 , ok ,so how come people are getting them approved in 90 days ?? these are march filers as i am ,i havent even been touched !! any ideas ?? thanks ,Andy . :thumbs:


It depends on case by case.
The processing time listed from US CIS website is talking about oldest case in the queue if I understand correctly.
So if your case is older than that, you should call US CIS to find out what's going on.
Some case may be approved within a month, and some case may be approved after long wait something like a year or so.
It all depends on who is processing the case, and where it is sitting at.
moonhuntMaleSouth Korea2007-07-06 12:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 - how to enter assets

Ok so going along in this form (I864 aff of support).

When using assets (this is probably just being paranoid but...)

Say you have 60000.00 in assets in Canadian dollars in your joint account. Do you:

1) Divide these assets equally between the U.S. citizen and the immigrant - or is it ok to just enter it all under 'Your Assets' - item 26.

2) Do I need to convert the Canadian dollars in to U.S. dollars for this figure?

Thanks!


I think it depends.
Who owns the asset legally ?
If it is bank account, who is account owner registered in the bank ?
If it is joint account, which list both of you as owner, yes, you can divide equally, and use half for you, and another half for your other legal owner.
But if it is registered only by your canadian (soon-to-be) spouse, you can not claim it as your asset, and you may have to use I-864A for your canadian (soon-to-be) spouse as co-sponser.

I think all foreign currency should be converted to U.S. Dollar amount for I-864 purpose.
moonhuntMaleSouth Korea2007-07-06 02:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1

Can someone give me a sample of what information should be included in the employement letter from my employer?


Here is an example.

http://www.immihelp.com/docs/sample-employment-letter.doc
moonhuntMaleSouth Korea2007-07-20 16:10:00
IR-1 / CR-1 Spouse Visa Process & Procedures2 simple questions USCIS and NVC can't answer

My wife is Chinese, and her first name is 2 parts, Ying Ying, her family name is Zhao. I am unsure how to enter her name.
FIRST: Ying MIDDLE:Ying LAST:Zhao
FIRST Ying Ying MIDDLE LAST:ZHAO
FIRST: Yingying MIDDLE LAST:ZHAO

I asked USCIS, they told me to call DHS. They didn't know what to do. I called NVC they said it should match her passport, her passport is Chinese and the names are entered YING YING ZHAO. That really doesn't help, being as it's a Chinese passport wouldn't it have been made in China and entered by someone who knew what they were doing, using the English format to only specify that the name has 3 parts, not necessarily that one is the middle?

She had a temporary social security card while she was in the USA as a student. Should this number be put on paperwork, or is it only valid for the stay in the USA?


For name, it's really up to her decision which format she wants to use.
Then make consistent name over multiple documents such as passport, SSN, other documents.
Since most of Asian country doesn't have concept of middle name - although some may use nickname or similar name for themself - ,
option 2 (First: Ying Ying Middle: None Last: Zhao) or option 3 (First: Yingying Middle: None Last: Zhao) will be her choice.
In this case, most people prefer to use option 3 because most of form they fill up assumes one word from Firstname, and it's not causing confusion with middlename and firstname. If you write "Ying Ying Zhao", most people will assume "middle" Ying as middlename.

For SSN, she need to put that same SSN number for all documents filing for US CIS.
SSN issued to each person, and it is same through his/her whole life.
After she get greencard, and/or citizenship, she just needs to visit Social Security Administration office to show new document for her status change.
Then SSA will keep same number, and update her immigration status.
moonhuntMaleSouth Korea2007-06-27 23:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresValidity of the Employment letter?

Since I received the approval email and waiting on the Snail mail, I should go ahead and request that letter. Am I correct? Thanks for your response.


One or two months before Interview date will be fine.
It doesn't take too long for HR to generate Employment verification letter.
moonhuntMaleSouth Korea2007-07-20 16:04:00
IR-1 / CR-1 Spouse Visa Process & Procedurescr instead of ir

Ok here is an update -

After 8 emails and 1 week between myself and the Sydney Consulate I have confirmation they made a mistake. However they didn't say it was exactly, just that it was overlooked. I found them to be stupid (no other better word to describe them) as they kept asking the same questions when I provided all the required info in my first email.

They suggested I contact USCIS and it change through them. Unfortunately my local office is LA, a 3-4 hour drive. I can no longer drive on my Aussie license so I have to wait for my husband to take day off so we can go to LA. Hopefully next week. I only received my green card in the mail today and was hoping the USCIS would pick up the mistake but they didn't so my green card says CR-1 and expires in 2 years. I can't get through to them on the phone so we will just make an infopass appointment.

Sorry to hear they did the same to you at SFO. :(

I sent the Customs Border Patrol an email asking why they didn't change it when I went through immigration and why would the Consulate said they could change it as it can be changed. Still no reply.



Well, I am so mad at them. I hoped that USCIS would notice a mistake and change it to IR for you( and hopefully for me)
I did not get my card yet. but I know that there are two ways now^
1. File I-90( that is what immigration officer would most likely tell you to do) It can take a year for them to correct the mistake
2. Wait 1 yr and 9 months and get your condition removed. This is the way I am going to do it( most likely)

Anyway,
thank you for updating me with the info. Anyway,
I would really appreciate to share the outcome f USCIS appointment.


Another thing you can do or your Citizen spouse can do is to contact your Congressman in your district to correct US CIS and US state department's mistake.
Maybe you can go with I-90 form petition along with this option.
You can point out that the government made mistake or overlooking whatever, and nobody is responsible for correcting mistake.

Edited by moonhunt, 16 July 2007 - 04:45 PM.

moonhuntMaleSouth Korea2007-07-16 16:45:00
IR-1 / CR-1 Spouse Visa Process & Procedurescr instead of ir

I have been married to my husband for more than 2 years. However, when we started the papework, it was just a year. When I went to the interview, we have been married for 2 years and 3 months. I specifically asked the officer, what type of visa I would get, SHe said that I would get IR-1. I got my visa today and it says cr-1.
What to do now?

If i do end up going on CR-1, when should I start removing condition? Right after I arrive or only when I am in US for 1 year and 9 months.
Please help, I am sooo confused now!!! :help:


If you have a couple of days of time, or a week, report back to US embassy to correct it.
Tell them that it was supposed to be issued as IR-1, but it is CR1 instead.
For me, it is same type of errors such as misspelling of name, or wrong DOB.
Some immigration officers at POE is not eager to correct the type from CR1 to IR1, because it is done by Consular officer from State Department.
So you better spend some time to fix the errors from US embassy.
If you have no time to work out with US embassy, I guess you have to deal with POE immigration officer.
If immigration officer at POE is not eager to do that, you have to deal with local US CIS field officer.
If you get 2-year I-551, you can remove the condition after 1 year and 9 month ~ 2 year from the date of I-551 assurance.
moonhuntMaleSouth Korea2007-07-10 21:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUpgrade I-130 help
QUOTE (dcjsjd @ Nov 18 2008, 08:26 PM) <{POST_SNAPBACK}>
Hi everyone,

Can anyone help me out on what's the fastest waiting time as far as you know in bringing spouse here in US with a pending I-130?

I am a green card holder.
I have a pending I-130 case for my wife that I think we still have 1 yr and 3 months of wait as of this time before we can get a visa number available.
I applied for naturalization last month of October 2008.

Which is faster? Shall I wait (1 yr, 3 months) for the visa to become available? or shall I upgrade my wife's I-130 once I become a US citizen (which I just applied October 2008)?
If you think upgrading her I-130 is faster, what form/s or application will I use the fastest? Shall I apply another I-130? K1/K3, IR-1CR1? I have little idea on these and how to apply it on my case. Don't know what route to take the fastest. Any help is truly appreciated. Thank you.


Does your I-130 petition for your wife approve already?
If not, after you receive the certificate of naturalization, which means you becoming US citizen, you can send cover letter asking the I-130 case upgrade from F2A to IR1/CR1 along with the copy of your certificate of naturalization.

If your I-130 is approved before that time, ans forwarded to National Visa Center, you can send same thing to NVC.
moonhuntMaleSouth Korea2008-11-18 21:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAbout Original Documents
Or you can request "certified" copy from issuing authority such as court house.

moonhuntMaleSouth Korea2009-05-20 11:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAm i allowed to go to the USA to visit my husband??
QUOTE (KimandRuss @ Jan 12 2009, 03:53 PM) <{POST_SNAPBACK}>
Wow, lots of misinformation being given here. Please, if you are unsure or just running on something you were told by someone else...check the facts before you answer. wink.gif This is how the misinformation is spread.

While it's true that it can be virtually impossible to obtain a visitor's visa from a non-vwp Country after applying for a fiance/spousal visa ..it is not illegal to do so. You will most likely be denied because you have a USC fiance/spouse and therefore have immigrant intent. It's common sense really. wink.gif

Also, we see many people, married and not, travelling just fine on VWP or other visa's for visits as they await the process to be completed.

btw... K-1 fiance visa is a non-immigrant visa with immigrant intent. wink.gif It's handled like a immigrant visa BUT it is not labeled as such.

If you are travelling on VWP you have simply to show a return ticket as well as ties to your home Country to prove you will be returning. Also, as of today, you must register your travels to the US with ESTA.


Applying Tourist Visa is not illegal no matter what.
But if you conceal the fact you are under I-130 process, it will be the problem such as lying to US government officer.

If you stated so, since Tourist Visa is not DUAL INTENT visa, it will be denied.
If US Embassy Consular officer missed that part, and he/she approve your case, you may use it.
But it will be a problem when you deal with USCIS later for Green Card and/or US citizenship interview.

In some cases, if you use tourist visa during I-130 processing, it can be considered as giving up I-130 petition.
Especially if you file I-130 in U.S., then you use your tourist visa or something like that,
there is large possibility that your I-130 case will be denied based on the intention of non-immigrant visa use.

So there are loopholes, but don't use it. It may catch you later with big price.
It will be same as speed ticket.
Most of people drive faster than posted speed limit.
But if you caught by police officer, you have very little chance.
"Why me?" ?
For Speed Ticket, you can just pay for small price.
But given the price you have to pay for, I would not recommend this option at all.

If you are not caught by US Embassy Consular officer, there is still chance that USCIS will come back later with huge price.
Yes, some people says, "Been there, done that!"
But that doesn't mean that you will be lucky, too.

moonhuntMaleSouth Korea2009-01-12 17:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAm i allowed to go to the USA to visit my husband??
QUOTE (Princess In Love @ Jan 12 2009, 04:36 AM) <{POST_SNAPBACK}>
Now that we have sent our I-130 petition and we are waiting for our noa1, can i ask for a tourist visa to visit my husband while our case is pending???
anyone of you tried this solution to be together until the i-130 approval???
please help



For short answer, No.

Tourist Visa is not dual intent visa such as H/L/V visa.
So if you have immigration intent such as I-130 petition, you are not allowed to use it.

But in some cases, if you have strong tie to home country, US Embassy Consular office may allow it.
It is whole discretion of Consular officer whether he/she will allow it or not.

But that doesn't mean you will be o.k. with POE and/or USCIS immigration officer.
It may catch you later when you have final interview with them.
They may give hard time since you are not allowed to use tourist visa or other type of visa from their viewpoint.
Some USCIS officer may think you didn't reveal truth to POE officer or others that you have immigration intent.

As a rule, if you have immigration intent, you are not supposed to allow to issue tourist visa and/or use it.
But depending on POE officer, and/or US Embassy consular officer, they may override that requirement, or miss that part.
It may be o.k. for that moment, but it may catch you later when you have interview for green card or US citizenship.


moonhuntMaleSouth Korea2009-01-12 17:30:00
IR-1 / CR-1 Spouse Visa Process & Procedures$12,410
If it is IR-1, it should be much better.
But if it is CR-1/CR-2, you have to add additional cost for I-751 lifting the condition after 2 years, which will add additional cost and efforts to deal with USCIS again.

Also if your wife needs to go through N400, add another cost/effort.
Otherwise they needs to renew it every 10 years, which will be additional cost, too.

I wish USCIS have life-time membership, which can work for him/her and immediate family to save the cost by paying one-time cost for any future USCIS petition, and no more fee forever.


QUOTE (eklondon @ Jul 22 2009, 10:01 PM) <{POST_SNAPBACK}>
Not sure if anyone has tracked the costs on the CR-1/IR-1 process
Wife and 3 kids

1420 USCIS 355 x 4
1670 NVC 70 x 1 400 x 4
150 Shipping of docs so far
175 ordering Docs 35 x 5
120 passport photos
775 Medical / passport photo 275 and 150 x 3 another 50 in photos / Gas / additional 50 x 4 to have docs shipped not included ?
2400 trip to consulate and more passport photos
2700 trip to get family here flights
3000 U-Haul of House hold items/gas

Estimated total cost $12,410 ( not including any visits x 4 to see my family )


I'm broke!


moonhuntMaleSouth Korea2009-07-23 18:55:00
K-1 Fiance(e) Visa Process & ProceduresBringing my Fiance from Thailand
In my humble opinion, if she can speak in English, she better speak in English in Interview process. That will prove her to be able to live in U.S. without communication problem. But if she is not comportable in speaking in English, she can ask it before Interview start such as paperwork reviewer from consulate.

For evidence of phone call, if you have a lot of calling card, and it can impress anybody, you can take the picture of stacked used calling card for evidence, and bring it to Interview. I had a couple of hundreds calling cards, and once I was thinking to decorate one room with those. :-)
moonhuntMaleSouth Korea2007-05-02 11:43:00
K-1 Fiance(e) Visa Process & ProceduresPlane tickets required at interview?
No need to purchase the ticket.
US Embassy strongly recommend not to buy the ticket.

It may be confused with fiancee's travel record.
Some officer may ask travel records for soon-to-be or current spouse to visit them in Thailand showing boarding pass or immigration stamp from the passport.

So it is not the ticket for future travel.
Sometimes because of Administrative Processing, and/or computer system/network issue, visa issurance can be delayed.

I don't know about the airline in Thailand.
If you want to purchase one-way ticket to U.S., usually there is special discount for immigration, which may show the immigration visa during check-in.


moonhuntMaleSouth Korea2009-02-16 17:25:00