ForumTitleContentMemberSexCountryDate/Time
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
IR-1 / CR-1 Spouse Visa Process & ProceduresAustralian POlice check for CR-1 visa

HI all,

I just received my interview date at the London embassy - January 22, 2012!!! My only query is this: I am a dual national of the UK and Australia, therefore I had to obtain police checks from both countries. As I live in the UK the Australian Police check was sent to me as they only send it to emabassies in Australia. I forwarded it to the NVC along with the rest of the required docs. I stupidly didnt take a photocopy of it so now I am a little worried the NVC has not included it in my package to the London embassy... has anyone else had this situation? Im ondering if I should contact the Australian Police to get a replacement copy just in case.. or can I call the London embassy to ask if they have received it in my package? I asked the NVC but they could only suggest I take a copy with me just in case.

Thank You :)

I think you are likely brewing up something to worry about. It's their job to get your entire file to London without randomly discarding one piece of paper out of it. Yes, it could happen but Pretty unlikely.

I'm assuming you did take fingerprints at a designated police station in the UK to send for your Australian police certificate? I remember a case last year where she didn't read the instructions and got the wrong kind of certificate (without fingerprints). Her visa was delayed getting a new one ordered.
Nich-NickNot TellingUnited Kingdom2012-12-12 08:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresEntrance to the US must be within 6 months of when?

I have heard that entrance to the US must be within 6 months or else the process must begin again. But I have also heard that the 6 months starts from the date of the interview and that it starts from when the medical exam takes place. Can anyone verify which it is? Does this vary from country to country? Thanks.

Several have reported in the UK forum in recent months that London issued visas were for 6 months from their medical date.

The first two FAQs at this link to the London embassy website relate to your question http://london.usemba...proc.html#iv062
Notice, you don't necessarily have to start over.
Nich-NickNot TellingUnited Kingdom2012-12-26 08:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS Question: USC dependents?

Thank you so much. You have no idea how much that clears things up for me!

Good. And sorry I got messed up and said your immigrant wife, instead of husband which you clearly stated. Glad it made sense to you nevertheless. :)
Nich-NickNot TellingUnited Kingdom2013-01-03 10:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS Question: USC dependents?

Hi everyone,
I am running around in circles on this!

Here's my situation:
I am a USC living in UK. I am filing for my UKC husband. We have three children, all with CRBA/US passports, so they are all USCs.

I am filing DCF, as I reside in UK, so I have a joint sponsor in US (my mom). My income in UK is not enough to support us (and my income in US is nil).

Here's what I'm asking.

How do I list the children on the AOS? It doesn't seem right to list them in #9 because they are not immigrants (and #10 refers to all people listed in #8 and #9 as immigrants). But if I list them in Household size (#21d) it is too many dependents for me to financially support (it makes a household of 5).

If I list them in that section (which only seems correct), then what does my joint sponsor do? Does she list the Immigrant (my husband) and then the four of us (the petitioner and 3 children) as #21e 'Other dependents'?


I hope this makes sense. And I hope my children being USCs means we don't need to file immigration petitions for each of them.....!


Thanks, and please help!

First realize that this form is designed for the majority, which live and work in the US. IT's not going to fit your situation like a glove. The children aren't being sponsored by you on the form. The only immigrant you are sponsoring is your spouse. They are part of your household (21d) and yes you report a household size of 5. You have a joint sponsor so it doesn't really matter if you make enough. If your UK income will not continue in the US, then for the purpose of this form, you make zero because they are looking for US income to know you can provide support.

Your joint sponsor is only supporting the one immigrant on the form. If your Mom has a spouse or younger children at home dependent on her, then they are part of her household count. Example
Mom, Dad, +your immigrant wife means Mom must make enough to support 3
Mom, Dad, your two young brothers +your immigrant wife means Mom must make enough to support 5

You and your US citizen kids do not require support. You are free to go on welfare, food stamps, etc. It's the immigrant they want sponsored.
Nich-NickNot TellingUnited Kingdom2013-01-03 08:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS-260 - Mistake in Form

Hello everyone -

When my spouse filled out the DS-260, he accidentally checked the no box when asked if he wanted his information shared with the Social Security Administration. I called the NVC but they said they couldn't help because the interview has been set and they have nothing further to do with the case. The person suggested talking to the consular office during the interview. We're now worried this is going to delay him getting a SSN. I have a few questions:

1. Will this error delay him getting an SSN? I thought he had to get an EAD first but maybe not.
2. Can this error be fixed? I'm not sure that the consular officer can/would do something about the error.


Thank you for your help!!


It's not over until the consular officer approves so he can ask to change it. He can also go to a Social Security office once he gets here and apply for a card, which will come probably as quickly as waiting (hoping) one will be sent to him based on his immigration form. When he enters the US he is a permanent resident allowed to work. No need for an EAD card. His passport and visa and associated stamping from entry will serve to prove his status until the greencard arrives in the mail.
Nich-NickNot TellingUnited Kingdom2013-01-03 16:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 using assets and "without undue harm"

Thanks Nick. Although Grandma would probably have brought in a nice sum ;-)

This process is pretty nerve-wracking. I don't have much beyond the 3x asset requirement so even though it's cash, I'd hate for the consular officer to reject the application because I didn't have enough money in the bank...

You said you had some income so that means you don't have to have the full 3x in assets.

Say you need $20,000 to meet poverty guidelines and your salary income is $12,000.
You are short $8000 so need 3x8,000 in assets.

I wasn't sure if you were understanding that part, so ignore if you already know that. If your spouse has any cash assets, they can be counted.
Nich-NickNot TellingUnited Kingdom2013-01-07 10:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 using assets and "without undue harm"

Hi everyone. Would really appreciate your thoughts on the "without undue harm" portion of the I-864 instructions. I am submitting the I-864 for my husband (I am his sole sponsor) and plan to use a combination of income and assets to fulfill the minimum income requirement. The assets will be the cash in my US savings account.

I am concerned about the "without undue harm" wording in the I-864 guidance: "The consular officer must find that the financial value of the asset can be converted to cash within one year to support the sponsored immigrant without undue harm to the sponsor or his/her family." (source: travel.state.gov/visa/immigrants/info/info_3183.html#23). What constitutes undue harm exactly? This is really vague, and probably intentionally so. Have any of you dealt with this issue before?

In our case, the assets are cash so we're not looking at having to sell of a house or liquidate a pension fund. Any advice?

Many, many thanks.

Harm is giving up your home, only car, cashing in your 401k early and getting hit hard with penalties and taxes, selling your grandma on eBay... :whistle:
Sounds like your assets will be fine.
Nich-NickNot TellingUnited Kingdom2013-01-07 09:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan we order tax transcript now?

We have only just filed for the I 130 but i like to be very, VERY organized!

My wife doesn't earn enough so her sister is co sponsoring.
Can we order my wife's tax transcripts now from the IRS and also her sisters ?

I know I'm way ahead time wise but I'd rather have them in hand, i wasn't sure if ordering them this far in advance makes any difference ?
thanks

You can order 2011 transcripts and before. They won't change. If your NVC time comes after April 15 (likely), then your required "most recent" tax return will be 2012, which you haven't filed yet.
Nich-NickNot TellingUnited Kingdom2013-01-14 09:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 Interview - RFE

If the name change isn't listed as a requirement and the NVC said it wasn't needed, how are we supposed to know it should have been submitted?

The London embassy website provides a list of documentation that should be brought to the interview. http://london.usemba..._documents.html

Exerpt:

Applications processed by the National Visa Center In New Hampshire - If your sent NVC your documents, they will have been forwarded to the Immigrant Visa Unit together with your application.  All that you will be required to furnish on the day of the interview is your passport and three color photographs.  However, please review the Document Checklist before attending the interview.  If any of the documents were not sent to the National Visa Center, you will be required to obtain them and present them on the day of the interview.

Document Checklist

<snip>

Name Change Deed Poll: If applicable, deed poll or other legal evidence showing your change of name (except by marriage)



New or additional relationship evidence is not requested on the list, or routinely viewed at the interview in London. In your case there were red flags so the CO started digging and has now asked for some evidence. Do you also understand how the requested information gets back to London? Some replying here have mentioned 2nd and 3rd interviews. That is not London's procedure, so your documentation must be very complete.

If you husband is Muslim or has Muslim relatives, then expect to wait many, many months because of additional security checks. That is routine in London. Researching the background of two names may even extend the additional processing. Meanwhile you wait and nobody will be able to give you any updates, or how much longer it will take. No lawyer or Congressman can pry that out of them.
Nich-NickNot TellingUnited Kingdom2013-01-17 13:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 Interview - RFE
London is an easy consulate and normally the interview is a quick chat. The officer looking at the sum of all the things mentioned did not feel like this is an everyday born in the UK squeaky clean British guy marrying his American sweetheart. It's not a straight forward case for do-it-yourself. We don't know the whole story so it's impossible to speculate. The 2-3 times I've heard of a grilling in London, there has been more to the story. They didn't just decide to be mean to him. They are pretty good at their jobs and sensing a need to fully investigate. There are too many things to just rubber stamp him into the US as a permanent resident--recent brushes with the law, weak identity documentation from a foreign country, name change, previous visa issue or perhaps denial that was maybe not disclosed, and maybe another person's activities showing up in security searches on him...it's a lot of issues added together. Provide what they ask for then expect a long wait. If denied, you can have a lawyer prepare a waiver to overcome whatever reason they say he is inadmissable.
Nich-NickNot TellingUnited Kingdom2013-01-16 15:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCo-sponsor

Hi,
My wife and I need to ask a friend to be a co-sponsor for our application. I’ve seen the list online (see summary below) of what the co-sponsor needs to submit with the AoS form, but do they need to submit all of these things? I guess the IRS tax information is the most important. But if they don’t submit pay stubs and employment letter, is that ok? And will photocopies suffice (e.g. W2s and 1099s)?
Also, I understand that the co-sponsor's responsibility lasts until the immigrant becomes a citizen (this is not an intention -- is dual British-American citizenship even possible?) So if the immigrant gets a very good job some point in the future, is the co-sponsor then technically no longer responsible? And what if the co-sponor is due to retire after ten years, and will then be on a lower income?

Thanks for any advice!


  • RS Tax information (photocopy or IRS Tax Return Transcript) - 1 year is required, up to 3 years may help.
  • Tax Return Transcripts, optional but may help. The I-864 form requires a "Tax Return Transcript" and not a "Tax Account Transcript."
  • W-2s and/or 1099s
  • 1040 from most recent tax year
  • Pay stubs for current year (6 months should do)
  • Employment letter showing your income and position.

That list is a bit redundant. Tax information is ONE proof. You can present your tax info in two different ways

Complete tax return which is all the paper forms that would be mailed to the IRS if filing by mail. It would start with a form 1040 (or 1040A, 1040EZ) and possibly include Schedule A, Schedule D, etc depending on the source and amount of income. Some people have many pages and others have only a 1040. THEN you must also attach photocopies of W2s or 1099s to the tax return. That makes a complete tax return.

Or

Tax return transcript which is ordered from the IRS. Tax transcripts are summaries of your whole tax return provided free by the IRS. They can't be faked because it's a copy/summary of your whole tax return picture, basically certified by the IRS because it's issued by them. That's why you don't have to include any 1040, Schedules, W2s or 1099s if you send a transcript. Transcripts take the place of sending a complete tax return.


So one of the above is the required proof. Then you may add pay stubs or employer letter to sweeten the deal.


Citizenship? Yes you can be a US citizen and retain your British citizenship. The Brits don't ever mark you off their rolls unless you submit a form and fee requesting it. The US does not make you give up your British passport or citizenship, but expects you to only use the US one when leaving or entering the US. You could for example leave the US showing your US passport, then enter the UK or travel around the EU as a British citizen.

The sponsor is on the hook until you become a citizen, leave the US, die, or work long enough to have 40 credits paid In to Social Security. If you work continuously, that takes 10 years because 4 credits per year is the maximum attained.
Nich-NickNot TellingUnited Kingdom2013-01-22 08:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864A - Household size

Thanks for response.

Pretty much cleared it up.

However, one other question;

In what you have described, and where mom files taxes jointly but exceeds income requirements to be the only sponsor, what should be entered on Question 23 "My current individual annual income is...", question 24c "Total household income" and Question 25 "Federal income tax return information".

As far as I understand it I enter her individual annual salary supported by evidence from pay stubs and employment contract on Question 23, repeat that figure for question 24c, and then I put total income on joint-tax return for three years into each line of question 25. For the latter I provide mom's W-2s to prove her individual income.

Is that correct? Is the discrepancy between incomes in Q25 and Q24c/Q23 OK?

Again, many thanks for responding.


23 is her separate current income multiplied out to be a year's worth at that rate. If she had a raise and it's today higher than her 2012 w2 states, prove it with employer letter or pay stubs.

If you follow the form, 24a is taken directly from 23. It says so. " List your income from line 23 of this form."

Line 24c is an addition problem. "(Total all lines from 24a and 24b" . If 24b is blank, then 24c=24a=23

I take question 25 at face value. What does your tax return say? It doesn't say split out your income or the like. I personally took the numbers straight off the returns. My numbers were vastly different than 23-24. My third most recent was a joint return with my deceased spouse. I didn't explain it. It was my tax return, albeit joint with another person. The income was over $100k more than line 23. I included a transcript so they knew it was joint with a former spouse. Even my filing single most recent return was higher than I reported on 23 because tax returns show investment earning too, which I did not bother to report on Line 23. I only needed about $18k to qualify so just used monthly income for #23 and included a letter from the source of the income...like an employer letter. So that was my personal interpretation for my unique situation based on taking the questions at face value and not twisting it to maybe something they "might" have in mind. #25 come straight from the tax return and not from a calculator. I was never questioned or given an RFE.
Nich-NickNot TellingUnited Kingdom2013-01-27 12:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864A - Household size

Hi all,

Quick question.

I am currently in the midst of completing I-864 forms. As we are using my wife's mom's income to meet the requirements, and as my wife has recently moved back home with her parents, we are doing this both with mom as joint-sponsor and mom as household member. We thought we would cover all bases to be ready for any eventuality at interview.

We get how to calculate household size for joint-sponsor purposes but we are a little baffled on how to complete this when using the I-864A.

Thanks in advance


Simple way:

Wife I864. Zero income (unless she has found a job) Don't add family income of her Mom, even if living there.
Family size-wife, immigrant=2

Mom I864
Family size: Mom, Dad, younger daughter, immigrant = 4
Mom must clearly show her separate income is enough if she filed a joint tax return with Dad. She does that with employer letter, pay stubs, her W2.
If Mom doesn't make enough on her own, Mom can add Dad's income on #24b as Mom's household member. If she puts Dad's income on 24b, then Dad will complete an I864A to attach to Mom's I864. Include proof Mom is a USC or permanent resident.

Edited by Nich-Nick, 27 January 2013 - 11:16 AM.

Nich-NickNot TellingUnited Kingdom2013-01-27 11:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion 25 on I 864..

Just a quick question regarding tax transcripts, which is the correct thing to order on the website ? there's a choice of the two below

Tax Return Transcript
A tax return transcript shows most line items from your tax return (Form 1040, 1040A, or 1040EZ) as it was originally filed, including any accompanying forms and schedules. It does not reflect any changes you, your representative, or the IRS made after the return was filed. In many cases, a return transcript will meet the requirements of lending institutions such as those offering mortgages and for applying for student loans.

Tax Account Transcript
A tax account transcript shows any payments and any later adjustments either you or the IRS made after the tax return was filed. This transcript shows basic data, including marital status, type of return filed, adjusted gross income and taxable income.


Tax return
Nich-NickNot TellingUnited Kingdom2013-01-27 15:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion 25 on I 864..

When it says most recent tax year does that mean most recent completed tax year or the current one ?

If its the current one then I'm presuming if we file the I864 after April 15th this year then the answer to question 25 will be entered as below:


We of course will be able to file tax transcripts for 2011 and 2012 and then produce pay slips and letter from employer which will relate to the current tax year which will be 2013?

The most recent tax year today is Jan 1-Dec 31, 2012. BUT we have until April 15 to prepare/file an income tax return for 2012. SO---

If the I-864 is signed prior to April 15, then 2011 will be accepted as the most recent tax return. Of course if you do your taxes prior to the filing deadline, then you can certainly present 2012 as your most recent tax return as soon as it is completed. A tax transcript from the IRS might not be available immediately after filing, but a photocopy of the tax return and W2s associated with the return can be used as the tax proof.

If the I-864 is signed after April 15, then your most recent tax return has to be 2012.

In question 24, you can report what you make right now, multiplied out to what it will be in a whole year. It does not have to match previous tax return numbers. You back it up with an employer letter or pay stubs.

In question 25, you report numbers exactly as written on your federal tax return. You back that up with a tax return/W2s/1099s or a tax transcript.
Nich-NickNot TellingUnited Kingdom2013-01-27 08:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresErm... I'm confused. Very confused
The CR1/IR1 gives you a greencard as soon as you enter the US. Why bother with an F1 you may not get and doesn't give you permanent residence?
Nich-NickNot TellingUnited Kingdom2013-01-23 12:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 filing in London as legal resident?
My opinion....File in the US. The web page used to make it clear that student visas didn't count. And you no longer have a valid one and are leaving anyway.
Nich-NickNot TellingUnited Kingdom2013-01-27 17:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFuther Administrative Processing

Does anyone know what email address or domain this email comes from so i make sure it does not go into my junk.

@state.gov

Call the Department of State number in the US (given above) or get your wife to call. They can look at what London has entered into their records and may be able to give you information.

Or you can call the embassy and insist to speak to a consular officer. The call center (in Scotland) has limited access to your case information. They also can't put you through to speak to someone at the embassy. BUT if you keep insisting you need an answer from an immigration officer, they will give you an e-mail code to put in the subject line of your email and you will get an answer. It make take 3 days, but you should get an answer from someone with authority to look at your files.

The Operator Assisted Visa Information and Nonimmigrant Appointment Booking Service is available at the following times:

Monday - Friday : 8.00 a.m. until 21:00 GMT
Saturday : 09.00 a.m. until 16:00  GMT
 Callers within the United Kingdom

Callers from within the United Kingdom should dial 09042-450-100. Calls to this line are charged at £1.23/min plus network extras.  Callers from outside the U.K. and some mobile and network providers cannot access this number.


It could be a failure to hear from them that they are ready for you to submit your passport via courier. Or iif you were not born in the UK or have middle east or Muslim ties, you may indeed be in the Additional Processing which means further security checks that could take months. Find out which boat you're in. Try calling the DOS number first. There's no additional charge by the minute like the embassy. Ask if they show a record of receiving your additional documents. Ask if there is an indication you have been approved and they are waiting on your passport.
Nich-NickNot TellingUnited Kingdom2013-01-31 12:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE & Passport Request

The letter he received has the box other checked and the officer put in photos of couple and identity documents. The box for 221(g) wasn't checked. They requested additional information. The officer told him he wants original hospital and/or school records.

I realize that other couples don't meet as often and I understand that is difficult. We are used to seeing each other somewhat frequently and it's been 3 months now. After reading threads on this forum, the processing timeframe is unpredictable and can take months, which is why being without his passport for an indefinite timeframe isn't ideal.


Then the form does not say PASSPORT. It says identifying documents. As I recall he said they were questioning his lack of a birth certificate from Kosova, and not reporting his name change to a Brtish name and other quirky things and wanted other documents to prove his true identity like school records from Kosova. When he gets approved, he will get an email from London saying to send the passport. It is not required now. They saw it and copied it as his interview. They are wanting different identity proof than he already provided. More evidence and passport submission are two separate things in London. If the documents satisfy them, then they will tell him it is time to provide the passport for the visa.

Edited by Nich-Nick, 11 February 2013 - 10:11 PM.

Nich-NickNot TellingUnited Kingdom2013-02-11 22:08:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE & Passport Request

But if they are satisfied with the documents he sends in he can have his visa in no time, but if they have to request his passport after looking through the papers the visa itself will take longer. He must give up his passport at one point or another. And if they ask for the passport why not just send it?
Yes I saw you can't travel to see him but isn't it better to send them what they want so he can be with you for good faster?



I agree, I would just send the passport. I suspect that they will just want to issue the visa once they get the RFE information. If he really needs it in the meantime, he can contact the embassy and request it back.


I actually disagree with both of these. London normally notifies of delayed approvals and requests the passport only when approval is given. Given the difficult interview and all the issues he had, which don't normally occur in London, the approval may not be a given even when the paperwork is received. There is a thread about the interview.

It would be useful to see the exact wording that was written on the 221g that was given him at the interview.
Nich-NickNot TellingUnited Kingdom2013-02-11 16:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE & Passport Request

Can you share WHY it raised red flags?

She shared a couple of posts back.
Nich-NickNot TellingUnited Kingdom2013-02-11 11:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE & Passport Request

The I-130 was approved and the last step was the consulate interview.

He doesn't have a birth certificate, changed his name a few years ago, applied for a tourist visa in 2001 but never heard back from the consulate, and had two citations (but no arrest). The interview didn't go well and they believe he just married me to get to the US. The officer even said you just want to go to the US, you can tell me. He immigrated to the UK illegally when he was a minor too, which he told them in the interview. They also didn't believe our relationship is real and wanted photos of us from different locations.

If you're worried about it, then send the requested evidence but not the passport. Wait for them to contact you that they are ready to issue the visa, then call the embassy courier to collect the passport from him to deliver to the embassy.
Nich-NickNot TellingUnited Kingdom2013-02-11 00:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresApproved I-130 with no supporting docs...

I added 900 pages + added my original 219 page I-130 petition (I have heard USCIS doesn't always send everything :() + 96 page photobook (done on shutterfly) + 31 page photobook.


Wow. Just WOW. 1246 pages.
We got all the way (K1 > Adjustment of Status > Removing Conditions > US Citizenship) with 243 total pieces of paper.


Speedwell--you proved your marriage with a marriage certificate. That got you approved. USCIS knows you haven't had a chance to live together and co-mingle your finances yet. You will do that when you remove conditions after two years.

NVC doesn't need a pile of evidence of marriage and photos. They dont do any approving. Take it in hand to the interview. I would take a few photos to your interview in London...maybe from the wedding or a holiday together or with family. London will not look at a photo album or a gazillion pages of emails, Skype logs, and such fluff. If you visit again, you might take your boarding passes. If you co-mingle money like a joint bank account or file joint 2012 US tax return or lease an apartment together then take that. Not easy to do before moving to the US so dont worry about it if you don't. London may not even be interested anyway. It is not going to be anything like Nigeria in London.

Edited by Nich-Nick, 14 February 2013 - 02:15 PM.

Nich-NickNot TellingUnited Kingdom2013-02-14 14:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1 financial requirements

But if guys are not married yet K-1 is the route for you, and then the income won't be an issue at that stage..


K1s have to prove income at the visa interview...Affidavit of Support form I-134.
Nich-NickNot TellingUnited Kingdom2013-02-18 08:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPay stubs showing 'single' and tax filing ?

Hi everyone -
After getting the NOA back in January, today I received a letter indicating the NVC case number and notice to pay the Processing Fees before the I-130 petition can move on. :thumbs:

In preparing for the next phase, I have copies of my 2011 tax return, 2011 Tax Transcript as well as the most recent pay stubs and pay stubs going back to 3 months (in lieu of an employment letter). My question goes to the pay stubs because toward the top, there's a box reading FW and ST for Federal Withholding and State Withholding and both indicate 'S 01' which I'm guessing is SINGLE and the allowance taken from the W-4. I'm aware that the pay stubs are to show income at or above 125% of the Federal poverty level, but will the 'S 01' designation put things in jeopardy? :blink: I'm really hoping that's not the case as the 'S 01' is a clerical error. I'll have to check with Payroll tomorrow AM to see that they do have my updated W-4 and if they can make adjustments.

Thoughts?

Oh, and also a tax filing question: I am the US citizen and hubby is the foreigner (Non-Resident Alien sounds so sci-fi). Is there a good rule of thumb on how to file taxes with a foreign spouse without diving too deeply into Publication 54? Just 'married, filing separately'? I have no worldwide earned income and he has no US earned income to report and is without a SSN or ITIN (waiting on that visa interview). :help:

Thanks.


It doesn't matter what your W4 says. That is just a way to gauge how much to hold out of your paychecks.

You will file 2012 as married because on the last day of 2012, you were a married person.
Choices:
  • You marrried filing separately. He files nothing.
  • Married filing jointly. You count worldwide income earned in 2012, meaning yours in the US and his in the UK. He needs a SSN or ITIN. He will be eligible for the foreign income exclusion.
#2 will almost always give you the lowest tax bill. Here's a thread about how to do the joint tax return if you want to try it both ways to see the difference between 1 and 2. http://www.visajourn...nt-filing-2012/


You have the option to amend your return later after he has a SSN if you don't want to get the ITIN before April 15. Basically you need documentation for the ITIN application W7. You can attach the W7 and documentation to the tax return, mail it all to a special address (used to be Austin, TX. May have changed for 2012). The itin will be processed, assigned to the tax return, then the tax return will get processed.

Pub 519 gives a lot of info.

New ITIN info http://www.irs.gov/I...TIN-from-Abroad saying itin can be obtained in London.
Nich-NickNot TellingUnited Kingdom2013-02-14 09:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion about Domicile vs. Residence (personal info)

I thought so too for a bit, but the question is whether the OP could be said to have relinquished domicile in the US, not whether she established it somewhere else. If she still had a valid student visa, then that would probably be good enough evidence of a temporary stay, along with evidence that she maintained a primary home in the US.

I was just thinking in terms of filling out the form.
Part 3
12. Mailing address
13. Residence (if different than the mailing address)

I can see where a mailing address could be a PO Box and #13 is for the physical address. I was just commenting that a tourist destination is not really the residence. I spent a month in England. Cooked breakfast, washed clothes, and went to the market but I was still a tourist in the UK and that house was not my residence. I think her permanent residence is the US because she is no longer on a student visa in the UK. She is just visiting at the time she signs this I-864. I don't think domicile is an issue since she returned to the US after her authorized student residence in the UK. Now she is on holiday instead of getting a job to support her husband, so it complicates her affidavit of support. Just my opinion.
Nich-NickNot TellingUnited Kingdom2013-02-19 11:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion about Domicile vs. Residence (personal info)

On the i-864, I was thinking of putting in US as my mailing address & as my country of domicile, but the UK as current country of residence.

On first read, I think the opposite. You are not a resident in the UK. You are currently a tourist. You've got no student visa or Indefinite Leave to Remain (ILR) from the UK government that allows your residence.

Here's something from the embassy in London on the subject of domicile.

http://london.usemba...4_domicile.html
Nich-NickNot TellingUnited Kingdom2013-02-19 10:26:00
IR-1 / CR-1 Spouse Visa Process & Proceduresso confused plz help :(
I wonder if you made a trip to Bangladesh or another country between your interview and sending your passport? Perhaps that triggered another check if they saw other visits.

How will you leave without your passport? You will have to ask for it's return. Your entire case may have to be transferred to Dhaka embassy if you have to leave the United Kingdom. Then you would get the visa there when your AP is concluded.
Nich-NickNot TellingUnited Kingdom2013-02-23 07:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresScottish Police Certificate question

Hi all.

So I'm looking into the Police Certificate that my husband needs to get. He's from Birmingham England and moved to Scotland for university about 20 years ago. I understand that the ACRO will give him one for his entire life in the whole of the UK, however, I have a question on the Scottish portion. According to the ACRO website, Scotland isn't subject to the Step-down model of reporting. My husband had an 'admonishment of breach of the peace' about 6 years ago, does this mean that the record will still show this since it took place in Scotland and Scotland doesn't adhere to the Step-down model? Also, does anyone know if he is going to need to get court records for it? He spent a night in jail, but didn't go to court for it or anything.

Also, could somebody also confirm that he only needs to get one certificate and make a couple copies for himself and the medical? The Embassy website seems to say that if the original went to the NVC then it will be forwarded to the Embassy and he'll get it back although he's required to give them a copy at the medical. However, in my research, other VJ folk are talking about having multiple copies (for the medical and to send into the NVC). Just hoping for confirmation either way.

Thanks!


The best advice I can give you is the United States wants to know about any charge, conviction, caution, etc. that you have ever had. Best to prepare with a subject access report, memorandum of conviction, or something that names the charge and how it was resolved so it is not just you telling your version of the story. Hidden after a period of years doesn't count. An ACPO certificate that says "no live trace" means there is a record somewhere that needs to be revealed. Only "no trace" means a clean record. Looking way ahead, this same documentation will be required if he applies for US citizenship for any violation of the law ever, in any country, so save a copy of conviction details for years down the road.

The medical exam will accept photocopies of the police certificate. They don't keep the police certificate, even if you would provide an original. One original with some photocopies should do fine. The medical people don't need court records. They use the Police certificate to help evaluate the mental health/addiction part of the exam. Drug or alcohol charges listed would clue them in to ask more detailed questions concerning substance abuse or even require drug testing, which is not part of the basic exam.

Edited by Nich-Nick, 15 March 2013 - 09:34 AM.

Nich-NickNot TellingUnited Kingdom2013-03-15 09:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPolice check and medical

In my youth I made some wrong decisions (going back almost 13 years now) and I had a drug addiction. I have not had a problem in 13 years nor touched it.

On the medical questionnaire I have to state whether I have misused drugs to which I have to say yes as will be in my medical history, and I fully realise I will probably have to provide a urine sample at the medical to prove I have nothing in my system, will the fact I used to have a drug problem be a instant visa denial? I have never had a conviction or arrest with the police as a result, so I know that part is not a problem.


Your medical history is only what you tell the doctor at Knightsbridge. Nobody can view your medical records unless you provide them. Drug testing is not routinely done, but could always be requested if the doctor saw fit to do so. The grounds for inadmissibility state

 (iv) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is inadmissible

.

If you are no longer a drug abuser or addict, then you probably don't fit that definition.

Some links
http://www.visalaw.c...r1/2apr105.html Grounds of inadmissibility
http://aspe.hhs.gov/...use99/chap2.htm Some Health and Human services discussion of addiction/abuse.
Nich-NickNot TellingUnited Kingdom2013-03-16 08:38:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhen to change my name

I'm having some trouble finding previous threads that address my particular question, so here goes: I am the USC and will be filing the I-130 in pursuit of a CR1 visa for my future husband. My fiance and I are getting married in June and I would really, really love to change my name to his right away. My concern is that updating my name across various US agencies could pose a problem for the visa paperwork; we want to mail the I-130 as soon as we have the marriage certificate in hand, but of course it will take more time than that to get everything else updated from my maiden name. Does anyone have advice or anecdotes to share in regards to name changing during the visa process? I've read in other situations that as long as the marriage certificate reflects my married name, everything else will be ok, and I can provide my maiden name where the forms ask for other names I've had. Is that true, or is it safer to wait until he has been approved, then worry about a name change? Thanks in advance!


Apply in your married name if that is what you want. List maiden name where asked for other names. Then start changing your name with everybody else as you can get to it. It's a fluid process and your dealings with USCIS won't be affected if you havent gotten to the DMV for a new license or to PayPal to register a new name.
Nich-NickNot TellingUnited Kingdom2013-03-19 06:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresContacting NVC in London

hello again

i posted a thread about a week ago about not hearing anything after my noa2 ,my wife used the phone number very kindly given to me by a ndu26 (thanks for that by the way).she was told that my case was passed on to Londona few weeks back and that they couldn't help any further. she was also told that i (the beneficiary) had to start calling the embassy in London myself as it was no longer in their hands. i'm no expert in these matters but what my wife was told just doesn't seem right i thought only the petitioner ie. the US citizen could make those type of enquiries, so i guess my question is ,has my wife been given bad advice on their so called helpline or do i need to start calling the embassy in London? to find out why we havn,t heard anything since my noa2 approval on 15 feb

any answers would be very helpful
thanks


What you are describing sounds like a K1 fiancé case where the file passes in days through NVC and then the Embassy contacts you in a few weeks to say they are ready for you to submit your visa application forms. However your profile says you are applying for a CR1. Your case should remain at the NVC where you have a set procedure for submitting forms, documents, and making payment to the NVC. Then the NVC will schedule your inerview.

So something isn't right here. Confirm you are seeking a spouse visa, not fiancé.

Edit: nevermind, I see now you said wife. Call NVC back again and ask somebody else. The embassy will be of no help.

Edited by Nich-Nick, 20 March 2013 - 05:13 PM.

Nich-NickNot TellingUnited Kingdom2013-03-20 17:08:00
IR-1 / CR-1 Spouse Visa Process & ProceduresChronic medical conditions?

I have Haemochromatosis, and Pernicious Anemia, booth of which require quarterly treatment. Both are genetic disorders an completely non-communicable. The haemochromatosis could be considered debilitating in a very broad sense, being that I would begin to ahve health issues in my later years 60+ (currently 30), but the pernicious anemia is something that is debilitating in the short term. Essentially if I don't have a shot of B12 every 10 weeks, life becomes a lot harder. However both are easily treatable; the PA with a shot, and haemochromatosis with a venesection (exactly same process as blood donation).

I'm just wondering if anybody has the same condition(s) and if it affected your visa. DO I even have to disclose the conditions during a medical?

I've currently just sent off the packet with the police report, so as far as I know I'm now just waiting on an appointment from the embassy (I think, my wife has been dealing with it).

Thank you.

The first medical questionnaire you fill out is in this document. http://photos.state....18a_medical.pdf

Another is filled out at the exam. Generally if you have a chronic condition, Knightsbridge may ask for a statement from your GP detailing your condition, onset, treatment, meds, prognosis., etc. Some save a delay by getting that ahead of time and bringing to the medical exam. It shouldn't affect your visa.
Nich-NickNot TellingUnited Kingdom2013-03-23 10:37:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInsights from immigration officials?

Does anyone know of any interviews of immigration officials (eg retired officials) done (and posted on a forum) to discuss what causes applications for CR1 (submission of I-130) to be rejected or delayed?


Try this one found on the Guides page. http://www.visajourn...dicator-q-and-a
Nich-NickNot TellingUnited Kingdom2013-03-21 15:38:00
IR-1 / CR-1 Spouse Visa Process & Procedures2012 tax transcripts available now...
Here's something from the USCIS on the topic that might be of interest.

A n Affidavit of Support must be sufficient both at the time the adjustment of status application is filed and at the time the adjustment application is adjudicated. USCIS has determined that an Affidavit of Support is generally sufficient at the time of the adjudication if it was sufficient at the time it was filed with the Form I-485 . That is, if the Form I-864 was sufficient when the sponsored immigrant filed the Form I-864 with the adjustment application, USCIS will generally infer from that finding that the alien is not inadmissible under section 212(a)(4) of the Act as of the date of adjudication. In particular, if the sponsor’s Federal income tax return shows an income that was at least 125% (or 100% as applicable) of the governing Poverty Guideline for the year the Form I-864 was filed with the sponsored immigrant’s adjustment application, USCIS will generally infer that the sponsor’s income has remained and will remain sufficient at the time of adjudication.  
Therefore, if the Form I-864 was sufficient at the time it was filed with the Form I-485, USCIS should not request any further documentation (e.g., more recent evidence of employment or income) unless more than one year has elapsed since the Form I-864 was submitted and there is a specific reason (other than the passage of time) to question whether the evidence of income is no longer reliable.  
Recent practice has been for the Form I-864 to be vetted at the National Benefits Center as part of the process of preparing the Form I-485 for adjudication. If the NBC vetting process indicates that the Form I-864 was sufficient when reviewed, an adjudicator may generally rely on that determination, unless it is determined, on the basis of specific reasons, that a request for evidence is appropriate, as outlined in paragraph 20.5(e)(2).  
Nich-NickNot TellingUnited Kingdom2013-04-04 10:22:00
IR-1 / CR-1 Spouse Visa Process & Procedures2012 tax transcripts available now...

If you need to send off your last 3 years of tax transcripts you will now need to send 2012, 2011 and 2010, which is now the last 3 years.


If you sign/send the I-864 prior to April 15, then 2011 is still valid as the most recent. The cut off is tax filing deadline day.
Nich-NickNot TellingUnited Kingdom2013-04-02 21:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview Preparations (documents)

Hi,

Just a quick question-

On the link they sent with my interview letter, it states on one of the pages that I need to bring another police certificate and marriage certificate to the interview- but I already submitted these to the NVC! Does that mean I need to provide additional ones, or will they accept the NVC ones (since those documents have now been transferred over to the US embassy?)


Thanks.


Is this the link? http://london.usemba..._documents.html

Edited by Nich-Nick, 06 April 2013 - 11:34 AM.

Nich-NickNot TellingUnited Kingdom2013-04-06 11:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPolice Reports

Hi all,
At some point I navigated to a page here that listed specific information about obtaining Police Reports for each country. Now, I can't seem to find it. Can anyone provide me with a link? It would be greatly appreciated!!

I remember reading something about Bermuda allowing its citizens to have information removed and how we had to request that the police report show EVERYTHING - which makes sense. However, there is nothing on Bermuda's web site that allows you to request EVERYTHING, and we just want to make sure that what we request/receive complies with what USCIS requires. Oh, the details are about do drive me mad.....

Thank you!!!



Dept of State. http://travel.state..../fees_3272.html
Nich-NickNot TellingUnited Kingdom2013-04-14 22:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIR1 Visa Medical & Blood Pressure
I've known of some who Knightsbridge have said their blood pressure was too high and requested they go to their GP for evaluation since they might be just extra nervous on that day in London. If the GP says he is okay with the blood pressure and faxes that to Knightbridge, then you pass. I can't remember any specific numbers. If the GP said he has put you on blood pressure medication, you would still pass. Nobody is going to monitor if you take the pills and Knightsbridge isn't going to invite you back to test again if your GP says you are under control.
Nich-NickNot TellingUnited Kingdom2013-03-25 08:24:00