ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresPolice certificate for spouse who previously held GC
You are starting over and need any required foreign police certificates just like a first timer.
Nich-NickNot TellingUnited Kingdom2014-02-25 17:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUsing Irish vs British citizenship to immigrate to US

Interesting. Does anyone know what the average time frame is for the H-1b is? The job is in the tech industry so that may help. Thanks.

H1b applications for fiscal year 2014 were accepted beginning Apr 1, 2013. They reached their quota in the first few days of last April. Your employer can apply for a 2015 visa starting next April 1, but it all obviously needs to be in on opening day for you to have a chance. They use a lottery of sorts to choose the quota when more apply than available visas. I believe the visas start being issued by October (start of fiscal year 2015). It will generally cost the employer thousands of dollars including attorneys to prepare the application and the proper documentation to the Dept of Labor showing there is nobody but you who could fill the job. Get busy gathering proof of your degrees, etc. because April is around the corner.


In the US, you will adjust status from H1b on your own ($1070) to get a greencard. With your CR1 immigrant visa, you don't have to adjust status. People entering on K1 or VWP, or who are here on other non-immigrant visas, adjust status based on marriage to an American.



Nich-NickNot TellingUnited Kingdom2013-12-10 09:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUsing Irish vs British citizenship to immigrate to US
Penguin is correct. You can't Interview in Dublin because you currently reside in Northern Ireland which goes to London. Others have had the same idea as you, but because it was closer in distance. They tried and were not allowed.
Nich-NickNot TellingUnited Kingdom2013-12-08 07:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat vaccination proof is needed from UK for D-260

Thanks for that very helpful
 
Can I book the medical exam asap or do I have to wait until I have an interview scheduled.


When you finish with all NVC requires, the NVC will assign the interview date and send your file to London. At that point have your medical exam allowing enough time for the results to reach the embassy before the Interview. The results are couriered to the embassy within 3-4 days....as soon as they get the lab results back from your blood draw. You will likely have at least a month's notice before the interview.

Nich-NickNot TellingUnited Kingdom2014-03-03 10:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat vaccination proof is needed from UK for D-260

That is what I did. Cheers
 
I think I will only need the TD Booster. Does anyone know how much they will charge for this? I may leave it to the medical for convenience sake if it's not that much.


The price list is in this document which also includes your medical questionnaire and other information. http://photos.state....18a_medical.pdf

Nich-NickNot TellingUnited Kingdom2014-03-03 09:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat vaccination proof is needed from UK for D-260

If noone has been reading anything then why on Earth has it taken a year to get to this point for a very uncomplicated case!


I was speaking of the part past USCIS and the petition, when your case is turned over to the Dept of State.

But going back to the beginning, your petition was checked for the basic forms/documents to make sure you included all that was needed. They weren't evaluating what was said on the forms...only that you sent everything, properly signed, etc. Then it sat in a box waiting it's turn to be evaluated. Finally it was approved so you could move on to the actual visa application which you are working on now. That culminates at the decision maker who interviews you.



Nich-NickNot TellingUnited Kingdom2014-03-03 07:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat vaccination proof is needed from UK for D-260

 
I just don't want to take any chances.
 
Anyway thanks Nick and NLR for your replies, they've been very helpful.


I get it. You're British. You worry.

Everything comes down to the interview day. That is the only person who makes a decision.
American spouse got a new address, new job? Tell them on Interview day.
You got a new passport with a different number? Tell them on Interview day.
Need shots? Interviewer must see them recorded on medical form on Interview day.
Spelled your Father's name wrong on form? Tell them on Interview day.
Forgot to say you visited Turkey in 2009? Tell them on Interview day.

The point is...nobody is evaluating your answers until Interview day. They are just collecting forms and documents. I would bet $1000 that nobody reads your answers on the form except the interviewer in the few minutes before your number is called to approached his/her window. You will speak to him for about 5-10 minutes at a London interview unless you have a really complicated case with criminal charges and such that will require extra discussion.









Nich-NickNot TellingUnited Kingdom2014-03-02 19:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat vaccination proof is needed from UK for D-260
I don't think anybody analyzes this form in great detail except maybe the interviewer on the day of the Interview. You act like the medical people will see the DS-260 and investigate you. They will never see anything but your police certificate. They never see your immigration file. They are just a contracted clinic.


No, will be immunized before medical exam- sounds like a good answer to me.



Nich-NickNot TellingUnited Kingdom2014-03-02 18:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat vaccination proof is needed from UK for D-260

Ok so what should I say in the form because I am filling that out now?


Oh, forgot to answer that part. I have never seen that newish online form so have no idea exactly what it is asking, in what format, or what context. Can't help with that one.

Nich-NickNot TellingUnited Kingdom2014-03-02 15:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat vaccination proof is needed from UK for D-260
They don't take your word for immunization. You have to produce some kind of record with name of shot and date given. They will take your word that you had chickenpox.

There is no Pertussis booster. The shot Tdap listed covers 3 diseases. T D and P tetanus/diptheria/pertussis. The list says Td or Tdap. Normally if somebody has had a pertussis jab, they follow up with the T and D parts, which is a particular shot for adults that combines vaccines into one jab. If they have no record of any shots, then they usually get the one that covers all 3.

You can have a blood titre test to check if you are immune if your NHS doctor would do it. He may charge you. Or you could just go in to see the practice nurse and get whatever you don't have proof of for free and be done. If you get shots right before the medical exam, then you get a waiver for any that might need a second dose after 4 weeks wait time has passed. You do not have to delay immigration waiting out a time spacing between shots where two doses are the norm.




Nich-NickNot TellingUnited Kingdom2014-03-02 15:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat vaccination proof is needed from UK for D-260
Here are the shots needed for 19 through 59 years of age:

Td or Tdap - Tetanus/diptheria/pertussis or get DT, DTP or DtaP and it will be accepted also. The latest shot must be no longer than 10 years ago or you need a booster. If you have a record of receiving pertussis, then the Td is okay for the booster.

MMR - (if born in 1957 or later)-Mumps/measles/rubella.  It's two doses in your life, but if you get the first dose, and 4 weeks haven't passed by your medical, they will waive the second dose for "insufficient time interval". If you only had one dose as a child, get a second one before the medical.

Varicella - Not routinely given in the UK . A history of having chickenpox excuses you from the shot. They take your word for it at the visa medical exam. Also for CR1 visas, a waiver is allowed for "not routinely available". (this isn't true for K1s who can get the shot in the US).

Influenza Required during flu season only, October 1 through March 31. This was a new recommendation dated November 2010 for all ages over 6 months. Older lists will say flu shots for over age 50. It changed. The list on the London embassy website is out of date since 2009. Dont follow it.

Take any record you have like the card you mention or the little red book you Mum may have had for school shots to your medical exam. If there are any you know you need, then get them ahead of time at your doctor, likely free. They can also give them at the medical exam but will cost you.


Testing the blood for immunity is not part of the medical exam at Knightsbridge clinic













Nich-NickNot TellingUnited Kingdom2014-03-02 14:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresW7/ITIN
She could have filed Married Filing Separately. Her taxes will be higher but single is not an option if she was married during 2013. It's pretty complicated at this point to get you an itin because it requires your actual passport to be mailed off. She can amend to include you once you get here and get a SSN. Easier that way.

I doubt it will be a problem with London. If they bother to notice her filing status, tell them the story and she is amending after you get here. They aren't the IRS, so won't be enforcing tax filing nuances. Just my opinion.


Nich-NickNot TellingUnited Kingdom2014-05-05 14:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDo I have the correct number for the medical exam

 
Is this the correct number?
 
020 7486 7822



Yes

Knightsbridge Doctors
4 Bentinck Mansions
Bentinck Street
London
W1U 2ER
Website: http://www.visamedicals.info/us.asp
Phone: 020 7486 7822 (Monday to Friday, 9am to 5pm)









Nich-NickNot TellingUnited Kingdom2014-05-06 07:43:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 - joint tax return

If I did add her husbands income and decided to include him as a joint sponsor also would he complete a I-864 also ticking the I am the second of 2 joint sponsors and he would complete his own I-864.
 
 

NO. It doesn't work like that.

Sister is joint sponsor. She may tack on income from a household member if she needs to pool the income to qualify (part 6, #6 a b c).

Example--If each spouse A & B made $15k, neither would qualify. But they can pool their income as household members onto A's form. Together they qualify with $30k. Second person B has to give permission for A to use his income on her form. His permission slip is the I-864A.

Use the husband or don't use him. Read the instructions:

Annual Household Income.
This section is used to determine the sponsor's household income. Take your annual individual income from Item Number 5....If this amount is greater than 125 percent ......of the Federal Poverty Guidelines for your household size ..... you do not need to include any household member's income.
(I took out the extra language cluttering the sentence).

You have a choice. Pick one.












Nich-NickNot TellingUnited Kingdom2014-05-17 18:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 - joint tax return

 
Her income is approx. $11,000 over what the poverty guideline. Her husband has offered to include his income if we need it. I was trying to leave it out as he is self employed and thought it might make matters more complicated. Any suggestions as I was just going to use her income and submit their joint tax return not including him as an additional sponsor.


I don't know how I can suggest anymore than I already have twice. (Post 2 and 6).

Prove HER income with more than a joint tax return. She makes around $29,812 (required) + $11,000. That is enough.

You did not comment if you have filed tax returns yourself with the IRS each year. Yes?





Nich-NickNot TellingUnited Kingdom2014-05-17 14:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 - joint tax return

 
In this case she is just going to be the only joint sponsor so just to confirm even though she files a joint tax return with her husband does he need to also complete an I-864A if we arent using his income? Its not a problem to get him to complete one but I am trying to make this as simple as possible for her and as she makes enough I wasnt going to have him complete one.


If her form part 6, #6 a b c, is blank then there is no I-864A.

But if she doesn't submit additional proofs of her separate income, they will RFE.



Nich-NickNot TellingUnited Kingdom2014-05-17 11:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 - joint tax return
You should file a US tax return every year if you earn income anywhere in the world. So you will submit your 2013 US tax return. The UK equivalent of a W2 isn't part of a US tax return so not needed.

If your sister can clearly prove her separate income, then she does not have to include her husband's income on her form. He would only do an I-864A if she lists his income. Something like an employer letter stating her yearly salary and 6 months of her pay slips is a suggestion to show what she earns is enough. The tax return income is all lumped together on a joint tax return. So yes it is still required, and the numbers on part 6 13a - 13c will be the joint money. That's why she needs to make it very apparent to them with other documentation what she makes all by herself.

Her birth certificate proves citizenship. Driver license? Haven't heard of that being used.
Tax transcripts are available online to print off at home now. She can do that instead of a photocopy of the full return with W2. The transcript doesn't require W2. That's written in the I-864 instructions.

If the daughter is claimed on their tax return, then she is part of their household count.







Nich-NickNot TellingUnited Kingdom2014-05-17 08:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS, I-864 and I-864A Clarification questions
Barcode
As you fill in online, it generates the barcode containing your info. If you go back and change numbers, you change the barcode. If you start with a clean download/blank form for Dad, his info will be different, and so will the barcode.

Nothing needs notary or certification. Read the form instructions under tax returns and it explains it.

Tax evidence- pick a method
1) Photocopy of actual tax return (forms and schedules) requires a photocopy of the W2 or 1099 with it.
OR
2) Tax transcript retrieved online straight from the IRS needs nothing else with it








Nich-NickNot TellingUnited Kingdom2014-06-05 08:17:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS Checklist requiring to resubmit application

]Part 3 Information on the Sponsor
 
[x] This section is incomplete, please answer all questions completely. (If a question is not applicable,
 
please indicate N/A in the appropriate space.)



I spoke to the NVC and they said that I needed to put a N/A in section three

Are you saying you didn't put all the information about yourself the petitioner in Part 3 but left it blank except for N/A.?


 

Part 5 Sponsor's Income and Employment
[x]The petitioners income indicated on the I-864EZ Part 19 does not correspond to that
 shown on the most recent tax return and W-2(s).

 

and as far is income is concerned I needed to state my net income (line 22 in Income tax forms) and not my gross income (both are different in my case). 

if your tax return is Form 1040 (not 1040A or 1040EZ) then yes Line 22 goes in the blank. Copy it off the tax form exactly. That line 22 is your Total Income (aka gross income).
 

Yes it will delay your interview because they had to write you a letter and get your response. So that is like pushing the pause button instead of moving on toward being eligible for interview.








Nich-NickNot TellingUnited Kingdom2014-06-11 17:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan someone help me understand this?

That is pretty interesting, because I was going to go through a attorney consultant company, and just recently decided to give up on them after paying an excess of 1000 GBP because they were really confusing and didn't really make anything clear to me. This was just a week ago that I decided to drop them, and from the start of our correspondence I was thought to be filing for a K-3 visa. Strange how "professionals" would recommend a visa that isn't even really a visa anymore...


Oh I don't know, I'm getting more and more confused by the day. Once I feel like I'm getting control of this whole thing, it looks like I'm getting thrown off left and right.


If you will follow Holly who has just gotten her CR1 visa through DCF London, then you will be in good shape. Send her a private message and she will answer your questions. I see she responded to your other thread, so you know who she is.

DCF is different than most of the others on here that file I-130s, so don't get confused by others who are applying in the US. London has their own thing too, so don't follow people from other countries. Holly is smart and helpful and has just done what you are starting.

A simple guide for you--
USCIS approves petitions. Then the Dept of State approves visas because they are over the embassy. It's two different government agencies involved.

So in London USCIS happens to have an office. Think of them as renting space in the embassy because they aren't part of the Dept of State or embassy. Lucky you gets to file at the London USCIS office instead of where the other masses file. THE I-130 just gives you permission to bring a spouse to the US. When they approve, instead of sending your file to the NVC (National Visa Center) in the US for 2-3 months, they send it straight to the Immigrant Visa Unit of the embassy in London. You skip everything to do with NVC. When they send your approved petition to the Visa unit of the embassy, it's with a totally new US agency---the Dept of State, even if it really was only sent to a different floor within the same building. That's when hubby will fill out new forms to actually apply for the visa. Before it was just a petition to say you qualify to bring a spouse to the US. Now it's the visa application, medical exam, gathering documents to take to the interview, and waiting for an interview date to be assigned.

Come over to the UK forum because your medical, document, and interview questions will get better answers from people who got visas in London. http://www.visajourn...united-kingdom/
Nich-NickNot TellingUnited Kingdom2012-10-17 07:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan someone help me understand this?

Maybe I'm just airheaded but this part of the instructions for a K-3 process just does not make sense... No matter how much I read it, I don't understand it. :(



Important Notice: When both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

The nonimmigrant K-3 visa case will be administratively closed.
The application process explained below will not be available to the foreign-citizen spouse and cannot be used.
The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage.


A simplified explanation for K3 (married people)

File I-130 petition for spouse. When you get the NOA1 receipt that I-130 was accepted, then--
File an I-129F (fiancé petition, but that's what they use)

Then there is a race to see if I-130 or I-129f petition wins approval first.
I-129f winner = K3 visa
I-130 winner = CR1 or IR1 visa

I-129f always won by many months. Then the processing for I-130 got much much faster. So they added to the rules that if I-130 wins or ties, they throw out (administratively close) the I-129f and you get no choice but having a CR1 or IR1 visa. (There is no difference in those two for application purposes. It depends on how long you've been married...less than two years gets CR1.)

Now the I-129f never wins, so is always thrown out. That's why people say don't bother because you aren't going to get a K3 anymore even if the possibility is still on the books.

Edited by Nich-Nick, 17 October 2012 - 06:53 AM.

Nich-NickNot TellingUnited Kingdom2012-10-17 06:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhen to schedule medical

We have sent out our AOS and DS230 and our case has been expedited... I am not sure to wait to hear from the consulate or to go ahead and have my husband schedule his appointment for his medical... I have been keeping myself educated on everything and now all the sudden its like.. oops?


If you know the new LND case number from NVC then Knightsbridge will let you make an appointment. Make sure he has his shots before he goes, especially if his NHS shot nurse will do them free. Some charge and some don't. Would be best to know NVC has already sent the file to London before medical results arrive at the embassy without a corresponding immigrant on file. There's always the chance it could get misplaced, but probably not. Knightsbridge clinic normally has an abundance of appointments, so normally there is no long wait time to get in if that's worrying you. You could probably get in next week if you call tomorrow (Friday). Or you can try to guess how long an expedite will take and schedule it 2-3 weeks from now. Does expedite mean they will finish up the case and also assign your interview. Or do they ship it off and it will be up to you to get London to expedite an interview?

Here's the medical exam letter. The questionnaire to take to the medical is on the last page.
http://photos.state....18a_medical.pdf

Tip: If he answers yes to any of the major medical conditions on the checklist like heart disease, high blood pressure, diabetes, depression, etc, then Knightsbridge will want further information from his GP which will delay your results. So prepare in advance by getting a statement from his GP describing condition, dates, treatment/medications, cured or ongoing, and general prognosis for future. If he has no health issues then no records are needed except immunizations.
Nich-NickNot TellingUnited Kingdom2012-10-18 17:22:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow long to enter USA once spouse is granted permission?

Hello Everyone,


I'm curious what the required timing is to enter the USA once my husband completes the visa process. They advise you (on the USCIS website) to allow the process to take 10 months; however, if the visa process only takes, say, 6 months to complete, do they allow the spouse to wait another 4 months until entering the USA? We're trying to get our timing right with leaving a job here in the UK and beginning one in the US, but with the varying timing of the process, it makes it difficult. Does anyone know the answer to this? I know when I received my UK spousal visa, I had no more than 90 days from the issuance of the visa to enter the country.


Many Thanks,

Meredith :thumbs:

Don't know about other consulates but London has been giving 6 months past the date of the medical exam.
Nich-NickNot TellingUnited Kingdom2012-10-24 16:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIR-1 Interview LONDON

Sorry I filed in London and my wife is with me in the UK. I will recheck my timeline, I don't remember putting Texas.

Okay, I get it now. Your "filed for" (under your name in posts) needs to be IR1/CR1 (DCF)
You are doing Direct Consulr Fililing and your process does not go to the NVC. There is a forum for DCF. And even a London DCF thread. Holly is the expert to ask for help. Here is the thread. http://www.visajourn...on-uk-dcf-2012/
Read it all the way through and see if it helps. Then if you have further questions, ask in that thread. London will be scheduling your interview, but maybe not in November since it was reported by one UK member they have overbooked.
Nich-NickNot TellingUnited Kingdom2012-10-25 19:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIR-1 Interview LONDON

I am more confused than ever! LOL

I have a case number which was in a letter telling me what they want next. My case number started with LND for London of course. This is NOA2? Or... Will I get another case number from the NVC?

I was informed once they get all my documents they will send an interview date a couple of weeks after (when I called the helpline provided at the US enbassy London website). I just wonder roughly how many weeks away for an interview?

I thought the embassy in London provided a date, not the NVC. I don't know though.

I followed that link provided above, it is hard to make sense of it tbh. I know a lot of work is put into it though. It appears it is for petitioners outside the UK.

I hope I am being clear enough.

Thank you for all the responses so far, they are opening my eyes to things


Where does the US citizen live? If you live in the UK now with your spouse and your petition was filed in London at the USCIS office, then your process is different. But your timeline says you filed to Texas Service Center. So what is it? where did you mail the I-130 petition for your spouse? Texas is not an option.

Hard to help without knowing more details.
Nich-NickNot TellingUnited Kingdom2012-10-25 16:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIR-1 Interview LONDON
It seems unlikely that you could have a case complete at the NVC yet since your petition was approved only two weeks ago. NVC will schedule your interview, not the embassy. And it seems that London is over- booked for November. It was reported in the UK forum that a member with a November interview got a call from the embassy yesterday asking if they could move the interview to a later date since November is overbooked. So don't count on November even if you indeed are complete at NVC.

Edited by Nich-Nick, 25 October 2012 - 11:58 AM.

Nich-NickNot TellingUnited Kingdom2012-10-25 11:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864A the right choice?

Also- can anyone confirm that photocopies of the tax returns are acceptable as long as photocopies of the relevant W2s and 1099s accompany them?


I used photocopies of everything ever submitted by mail to USCIS in the way of supporting documentation...all the way to citizenship. Take originals to any interview you may have.

And if you think about it, the only "original" tax return would be one you mailed off to the IRS and they still have it.
Nich-NickNot TellingUnited Kingdom2012-11-05 16:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTax Related

waiting for wife to apply?
apply what?
apply for what?


Don't you think it's likely he means start the process toward a spouse visa since it's in the IR-1 / CR-1 Spouse Visa Process & Procedures forum? He doesn't know the lingo or process yet but is trying to figure it out so they can get started.

Edited by Nich-Nick, 09 November 2012 - 05:46 PM.

Nich-NickNot TellingUnited Kingdom2012-11-09 17:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTax Related

Hi,

My wife didn?t file her Tax for 2010,2009,2008,2007 but right now she just filed these year income tax.

We have only 1 year (2011) tax transcript So, I would like to ask we need to wait few more month for above 4 years transcript or we can apply with 2011 tax transcript? what you think which option will be best for our marriage green card Wait or Apply ?



Thank you

You don't need any tax info to file the first petition, so you can start now. She will provide the affidavit of support to the NVC in the second stage. The form for that is I-864. It requires her to fill in information from 3 tax returns in three blanks. She knows those numbers now that she has back filed. Only 1 actual tax return or transcript needs to be submitted and you have that one already. That would be her 2011 right now. If it gets to be next year before her petition gets approved, then she might have her 2012 taxes done. In that case, she would submit 2012 as the most recent. After April 15 (tax deadline date) the 2012 tax will be required and 2011 is no longer the most recent. Many people finish taxes in February so she could have that year done before its time to submit the I-864.

Check this form to see if she makes 125% of the poverty guidelines. http://www.uscis.gov...form/i-864p.pdf
By next February the numbers may change.

Edited by Nich-Nick, 09 November 2012 - 11:46 AM.

Nich-NickNot TellingUnited Kingdom2012-11-09 11:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresItalian Police Certificates UK resident in Italy

I am a British Citizen married to a US citizen applying for CR1 spousal visa.

From April 1991 through and including January 1993 I lived in Italy in a house rented by my Italian employer however I retained residence and tax residence in the UK as I was/am legally entitled to do.

When I completed my DS230 I noted on the form the fact that I was in Italy because

1. I was there for periods longer than 6 months but not for the entire duration consecutively. I worked for a Race Team and moved about during the summer months.
2. I didn’t want to leave it out and risk falsifying a document.

The Natonal Visa Center in New Hampshire have requested that I provide to them a Certificato dei Carichi Pendenti and a Certificato Generale del Casellario Giudiziale for that period of time.

The town in which I lived have confirmed that I was neither resident or domiciliato in their comune between 1991-1993 therefore I cannot get these certificates. The NVC already have my UK Police Certificate which shows I have no police record.

I’m thinking an email similar to this to the NVC would be a good start towards resolving this conundrum and I can't imagine this is that unusual given the freedom to reside in the EU laws, but I would be very grateful to hear from anyone who may have experienced something similar or can suggest the best course of action.

No similar experience, so this is totally an opinion. I think if you listed Italy as a place you have lived on the DS-230, especially with dates covering parts of 3 calendar years, then you have claimed to LIVE there. You worked there which is an indicator of "living" there if you follow my logic of how it looks to USCIS or NVC document collectors. If you were only on a holiday to Italy, you wouldn't have listed it as a place you have lived.

I'm not familiar with the Italian documents you've named but an Italian police certificate may be in order just to smoothly process . If you talk NVC out of it, you still may get the same request from the embassy in London who will review your documents and qualifications. I've known many who were surprised London said their I-864 wasn't sufficient. They assumed NVC had approved so all was fine. I think NVC is more about ticking off the boxes that all evidence is submitted, rather than actually adjudicating if it's enough to issue a visa.
Nich-NickNot TellingUnited Kingdom2012-11-10 10:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion about jobs..

silly to answer this but his money is his while he is working in Afghanistan and I earn my own income in the united states. we didn't want to complicate income with being apart

I think the point was to know who was quitting the job. His is not evaluated for the visa so it doesn't matter for immigration. Yours (USC) is important if you want to be able to sponsor him without a joint sponsor. Something you should be aware of is If he has spent a lot of time in Afghanistan, it is pretty likely he will be put in AP-- administrative processing or additional processing which is extra security checks following the interview. That could be a month or a year or somewhere in between. If he is not Muslim, then probably not as long as a year. So knowing it may take even longer than planned, will he be okay financially without his job for possibly months beyond the interview? Would having his extra money be helpful toward starting your US life together? If you're okay on those points, then quitting his job isn't an immigration concern since he is the intending immigrant.
Nich-NickNot TellingUnited Kingdom2012-11-13 20:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPOE ???

Also how long does it take to get a SS number and how do i go about it?
(I have an interview a week after i get there)

Many thanks
Sam & Sara

The detail Victoria posted to you is for a K1. Your SS card is supposed to come in the mail about 2-3 weeks after your POE, as well as your greencard. You requested it on your DS-230, Part 2. Sometimes they don't come and you may have to go to the SS office and give it a little nudge.

When you go through POE, they will stamp your passport with an I-551 stamp that serves as your greencard until the actual card arrives in the mail. You can show that stamp for purposes of working, getting a drivers license, etc. You can be legally hired with that stamp and give the employer your SS number as soon as it arrives. The SSN doesn't authorize you to work. It gives the employer the number to report your earnings to for income tax, social security benefits, Medicare, etc. Many employers will wait on the SSN while it is processing, but you may not get paid until they have a number for reporting your wages.
Nich-NickNot TellingUnited Kingdom2012-11-19 07:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI864 tax questions

Ok, thanks guys! I won't read any more threads on I864s!! Thanks for reassuring me :-)

Part of the confusion is either way is acceptable. Just a joint tax return wouldn't prove Dad on his own can independently sponsor because the money is all lumped together on a tax return. But providing proof he makes the big bucks proves he can sponsor on his own (well joint sponsor with your I-864) If you feel better adding in Moms money and I-864A, just remember to get her proofs of income and US citizenship also.
Nich-NickNot TellingUnited Kingdom2012-11-26 18:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI864 tax questions

Thanks a million Nich-Nick & pushbrk, I can always rely on your sound advice! :)

You can rely on us so stop reading other advice. My answer is still the same.

<snip>...Dad does not have to list Mom, but he needs to clearly show his own income with an employer letter, paystubs, or even his own W2 since a tax return alone won't show who made what.


Prove Dad makes enough and they are happy. One tax return I submitted was filed jointly with my deceased husband that was loads more money than I currently made. I proved my current income and they didn't care about my joint tax return. I didnt write any notes to explain the joint return with a different husband either. I even listed the big joint income straight off the 3 year old tax return. Prove Dad's current income.

Edited by Nich-Nick, 26 November 2012 - 10:14 AM.

Nich-NickNot TellingUnited Kingdom2012-11-26 10:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI864 tax questions

Hello Again,


I have two questions regarding taxes on the I864 form.

1) My only joint sponsor is my father. I have had him fill out the I864 and I864A; he has also collected all relevant documents (Tax returns, W2s, pay stubs, etc). However, he filed his taxes for the three most recent tax years jointly with my mother. I do not need the income of my mother for sponsorship, but I was curious if she should be filling out or signing anything since her name and income are included on the tax returns?


Dad only has to do the I-864. Think of the I-864A as a "permission slip" from a family member he would list on 24b if he needed to pool their money with his. For example, Mom is his family member. So on form I-864, he lists his employment and income in the appropriate blanks. Then when he gets to #24, he could list Mom and what she earns if he didn't make enough on his own. Mom would have to give her permission. The I-864A would be a "permission slip" for Mom to fill out. Then she would also have to provide evidence of her income.

Dad does not have to list Mom, but he needs to clearly show his own income with an employer letter, paystubs, or even his own W2 since a tax return alone won't show who made what. He (and any joint sponsor) also needs to provide proof of his US citizenship or permanent resident status with a photocopy of his US birth certificate or passport or greencard.

2) My tax returns are back in the US (I'm in the UK), and my dad cannot locate my W2s - he can locate the actual retuns, though. Am I correct in believeing that because he cannot locate the W2s that accompany them, that I need to order an IRS transcript?

Thanks, in advance, for the continued help you guys always extend!

A transcript would be best since you don't have a W2. If you order online or by phone, they get mailed to the address on the tax return. If that's Dad's address, then Yay! But if you filed any year using an address where you or a family member no longer lives, then you must order using this form to choose a new address to receive them. Form 4506-T http://www.irs.gov/p...-pdf/f4506t.pdf
Nich-NickNot TellingUnited Kingdom2012-11-21 07:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSpouse visa process

My wife and I are UK citizens; my wife is also a US citizen. We want to live in the US. Obviously she can live and work straight away. What do I need to do to be able to work ASAP once in US? (As she is a UK citizen too, does this help my cause to live and work in the US with her?)

Going to refer you to this thread about getting a spouse visa when you both reside in the UK. http://www.visajourn...on-uk-dcf-2012/ You will be eligible to work when you enter the US with your spouse visa. Lots of paperwork, waiting, and fees before you get the visa.
Nich-NickNot TellingUnited Kingdom2012-11-26 12:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresEnerting the US with green card
Minor point of clarification--

Hubby will not be issued a greencard until he enters the US on his VISA.
Nich-NickNot TellingUnited Kingdom2012-11-29 10:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffadavit of Support Question

So my husband and I are applying DCF in Korea, and since we both live in Korea, I obviously have no US income to speak of and so cannot support him on my own. My dad is going to sponsor him/us? but I'm confused about a few details.

1.Do I and my dad BOTH need to fill out an Affadavit form, even though I know I have no income to verify? [and no tax forms at all for the last few years]
2. Is he showing that he can support my husband, or that he is supporting BOTH of us?

This part is so confusing! Help! Seriously, if anyone has a copy of line-by-line explanations for this part, I would be eternally grateful!

The part about no tax forms at all for the last few years----

As an American citizen, you are required to file a US tax return every year (even when abroad) if you earn money anywhere in the world. If you earned at a Korean job, then file a return but you won't necessarily owe any tax with it. It is often for informational purposes and your foreign earned income can be excluded. It depends on tax treaties between the US and Korea. Tax treaty countries http://www.irs.gov/B...eaties---A-to-Z

The I-864 you will fill out REQUIRES information from your last three tax returns and a copy of the most recent one. If you didn't file tax returns, then a statement from you stating why you weren't required to file must accompany your I-864. Being out of the country is not a valid reason for not filing and won't be accepted by USCIS.

If you had no job and earned no money (or very little) in Korea, then you wouldn't be required to file. It's just like if you lived in the US and didn't work, you wouldn't be required to file. If that is the case, then your statement needs to be specific stating what you earned (converted to US dollars).

"in 2011, I earned $155.23 and therefore did not meet the threshold for filing a tax return."
"in 2010, I earned $0.00 and therefore did not meet the threshold for filing a tax return."
"In 2009........etc


So this is a head's up that if you earned income in Korea, you need to get 3 years of tax returns filed and if you didn't have income, be sure and include your signed statement with your I-864.

Edited by Nich-Nick, 07 December 2012 - 08:34 AM.

Nich-NickNot TellingUnited Kingdom2012-12-07 08:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130, Should I Be Worried?

I spoke to a woman at the US embassy in London and explained our situation. She explained that because my wife did not have permanent residence in the UK and she only has a student visa we would have to send it to the Chicago Lockbox, i apologise, this is where we sent it.

Where should we call? the London embassy?

thanks again.

You did the right thing. You were not eligible for Direct ConsulR Filing. No need to call the embassy. They can't help because the case is still with USCIS. VSC is currently working on petitions submitted in mid- May. Find VJ reported averages on this page. http://www.visajourney.com/timeline/. (middle column)

Edited by Nich-Nick, 06 December 2012 - 06:20 PM.

Nich-NickNot TellingUnited Kingdom2012-12-06 18:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE for I-864

My husband and I just got back an RFE, but are unsure of what to submit next. It says we did not provide evidence of "ownership and value" of our saving/checking accounts and my stocks and bonds. We sent them my previous bank statements and the most recent one. What else would I need to show evidence of these items?

Are the stocks and bonds clearly showing name of stock, number of shares owned, value and proof of ownership? Bonds typically have a maturity date...could be 20 years for example. The assets must be shown to be easily convertible to cash within one year without penalty to the owner. Typically a bank statement wouldn't have stocks and bonds. Do you have a statement from a brokerage firm? Just trying to come up with possible things you didn't document well enough.

It also said that my husband's income does not match his tax returns. Again, he submitted 6-7 pay stubs.

Was there a W2 submitted with the tax return?


I don't know how they want me to calculate my earnings?

You the immigrant have earnings? Did you show documentation how they will continue in the US?


I guess the difficult part here is that he is a graduate student, so he works full time in the summer and part time during the winter, and we don't know how to calculate his earnings.

Perhaps a separate sheet stating his status as a graduate student and a listing of earnings month by month to show the summer is more. Do you have pay stubs from the higher earning months?

It sounds like you maybe need to tweak your documentation so everything reported is clear to them.
Nich-NickNot TellingUnited Kingdom2012-12-11 08:39:00