ForumTitleContentMemberSexCountryDate/Time
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
IR-1 / CR-1 Spouse Visa Process & ProceduresK-1 Visa I-129F Check 2013

Hi all, i was just wondering if you could tell me what the fee is for the check for our first package - I-129F K-1 visa? I'm pretty sure its $340 but i can't find anywhere to comfirm it for this year.
Also any idea's on how long we are looking at as we are sending it on monday? I know its aound 5-7months.
Oh another question lol! Erm, my fiance lives in San Antonio, TX and is sending the package to the Dallas address which is, USCIS Dallas Lockbox, which i hope is right as other websites tell us not to send it there! So confusing!

Thanks!

The latest fees can be found at: http://www.uscis.gov/forms
Find your form in the list and the fee.

Then click on I-129F and the page http://www.uscis.gov/i-129f comes up giving the correct address. Always go to USCIS to check for the latest version of forms, fees, and addresses.

Time? Be careful when you read how long the petition takes (5-7 months) and don't forget that's just the first part. It will take another 2 1/2 -3 months for the London part.
Nich-NickNot TellingUnited Kingdom2013-04-19 07:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUS taxes while in I130/IR1/CR1 proceedings

I am using an expensive CPA who specializes in international taxes. I'm not sure if he knows any more than I do though, since I've done a lot of research and I filled out my tax forms and the W-7 for my wife's tax ID with the proper backup information. I've got an unusual problem though. My wife in China worked for a small family company until a couple months after we got married last June. They let her go once they found out about our marriage because they knew she was planning on quitting to come to the US once her visa was approved. She became upset and there was an argument when they let her go, so she is no longer on good terms with the past employer. My question is how do I handle her employment on my joint tax return? She doesn't have any record of how much they paid her, as it varied and they don't provide any W-2 forms or anything. Also, how does the IRS verify her employment or how much money she makes? Would they call her past employer? I've been planning on filing the joint tax return with only my income and saying she had no employment, but that contradicts what we put on the I-130 petition. We put her employment dates with the company on the I-130. China is still backwards with things like this. Does anyone have any advice? I don't want the interviewer to question why my 2012 tax return doesn't show her employer but the visa forms show the employer.


Her employment is self-reported. No W-2 like statements from a foreign employer are sent to the IRS. Most people can figure out how much income they made by pay slips or looking at bank statements. When i had to report my husband's foreign income, it was a big fat guesstimate, as close as we could possibly get. The IRS isn't going to call her employer. The USCIS interviewer probably has no clue how to interpret a tax return with foreign income exclusion. He will be interested in the line showing adjusted goss income. He won't be calling the IRS, nor will the IRS be calling immigration.

Advice? Do what the law says:
  • Report world wide income if filing jointly, OR
  • Report only your income and file Married Filing Separately

Nich-NickNot TellingUnited Kingdom2013-03-22 09:17:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUS taxes while in I130/IR1/CR1 proceedings

Not that I am any expert and I am a little unsure of it myself, but turbo tax didn't check either married or single, but simply head of household and left the info about the spouse blank because we weren't filing jointly. I was able to efile so there was no writing in and I did supply the program with my husband's name, etc. There were several questions about his non-resident alien status.

I don't know if filing head of household was the right thing to do, but it is what it suggested.

Head of Household is usually for unmarried people with dependents...like single moms for example and gives you better tax rates than Single or Married Filing Separately. You have to be unmarried or "considered unmarried" on the last day of the tax year. This is the exception part for people who are actually married but the IRS will allow the Head of Household filing status:


Your spouse did not live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances

.

So you have a kid and your husband has never lived in your home (guessing) and you pay more than half the cost of keeping up home so you qualify.


Head of Household

You may be able to file as head of household if you meet all the following requirements.

You are unmarried or considered unmarried on the last day of the year. See Marital Status, earlier, and Considered Unmarried, later.

You paid more than half the cost of keeping up a home for the year.

A qualifying person lived with you in the home for more than half the year (except for temporary absences, such as school). However, if the qualifying person is your dependent parent, he or she does not have to live with you. See Special rule for parent , later, under Qualifying Person.


Nich-NickNot TellingUnited Kingdom2013-02-24 22:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUS taxes while in I130/IR1/CR1 proceedings
Speedwell, I am really curious as to how much you paid because the explanation is the same that we post year after year here on VJ. I have no clue what people charge to do taxes, so kinda wondered.


**For those abroad needing an itin, there are some changes this year and some foreign locations where they can be obtained if convenient. Documents are presented abroad and do not have to be mailed to the US.

IRS staff at the US embassy in Beijing, Frankfurt, London, and Paris.

Acceptance Agents Outside of the U.S. In various countries
Belgium Brazil Canada Dominican Republic Germany
Guam Hong Kong Israel Italy Japan
Mexico Netherlands New Zealand Norway Philippines
Portugal Puerto Rico Singapore United Kingdom Venezuela

Link to those addresses found here http://www.irs.gov/I...e-Agent-Program


**For those who want do their own using TurboTax, here's a VJ thread to help you step by step. TurboTax help for Joint filing- 2012 For newly married in 2012 with foreign income

It will also help those already married and not in the country who want to file jointly do the tax forms. It doesn't go into getting the itin.

Edited by Nich-Nick, 21 February 2013 - 05:52 PM.

Nich-NickNot TellingUnited Kingdom2013-02-21 17:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAdmin Review

I can understand what you are saying, Yes she is a naturalized British citizen since young age but born in one of the countries you mentioned plus the only other country I could think of she visited was with family back in the day to Egypt. She has travelled to the US and Canada frequently though. I can understand the whole process I guess.. I just hope it doesn't drag for a year like you mentioned that it may. It has been a few months since her interview was in August.

I would start the count from when your documents got back to them and everything was in place be approved. The security checks may not have started while the other was pending. I don't really know.

Here's a list of London AP I had put together for somebody else that asked.

Knight and Magpie- born India, UK citizenship since infancy (took 4 weeks) doing well and interviews for US citizenship tomorrow.
BigDogi or BadDogi -middle east (8 weeks) missed his wedding.
DairyFarmer- Australia ( a few weeks)
TreeHugger - white British born female (8-9 months then dropped off VJ so no update)
MARM- Pakistan (her fiancé had a lot of delays because the UK home office seemed to have lost his passport for 7-8 months. Don't remember AP time. Got visa and no issues with greencard process)
Linkin- Pakistan (4 weeks) got visa and greencard. Haven't heard from him in a long time.

I don't know these people's stories other than London AP. maybe you can look for them using advance search.
Maya84- Bangladesh 
Sergnavi- Pakistan 
Adnan&Liane-  born UK, spent a lot of time in Morocco (a year now and still waiting)
basher- Lebanese Muslim
KamLondon- born UK, father born Pakistan
dishajubayer- Bangladesh
Nich-NickNot TellingUnited Kingdom2012-11-05 11:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAdmin Review

yes I am working in one of those countries for the US government. This was never an issue at her interview and she did mention it to them. she was told you are not denied, they wanted a join sponsor because my income in 2010 wasn't much, even though I had made way too much money in 2008, 2009, and 2011. I had my brother filed a joint affidavit, sent them lease papers for the domicile in the US. now its in admin review. HE told her once we receive these documentation you will be mailed the visa. they didn't keep her passport either.

any suggestions? thoughts? time line i should be expecting?>

Thoughts--the delay isn't likely about your affidavit of support or proving domicile in the US in my opinion. They never keep the passport if more basic documentation is needed or you forgot to bring a document. Normally the missing documents and passport are returned together to the embassy via courier. It could take them 2 weeks to pick up the case and new documentation, issue the visa, and send the passport back. Yours seems a bit longer than simply doing that procedure, even if they are back logged or there's a pile of incomplete work on their desk they need to catch up on.

So that brings up the dreaded AP as it's called. People have been told "approved" and the passport kept, but when it wasn't returned in a few days, they discover that are in AP. It is a procedural thing where certain people have to be cleared though extra databases. It always happens in London to people born in Pakistan, India, or the Middle East. It can also be triggered by the DS-157 list of countries visited. So did your wife work with you or make frequent trips to one of those countries, because it is her being cleared. I wouldn't think your being there would matter.

I know a handful on VJ cleared in 4-8 weeks by London. Some drag on months or a year, but those longer ones are more often Muslims born in Muslim countries with common names that might match somebody on a terrorist watch list. There is never much information given about exactly how it works because it is a matter of national security and shrouded in secrecy. I have read of many who have contacted their representative, senator, Hilary Clinton, and O'Bama to no avail. The answer is always that the application is in administrative processing. I think the fact that you inquired and got the acknowledgement your needed documents were received, probably rules out that your current delay is because you didn't supply enough information, but that is still a possibility. You also know your info didn't fall behind somebody's desk and get lost.

That's about all I have to offer. There is a forum for waivers and Administrative Processing you might want to browse. Can you confirm if your wife lived in or visited one of those countries?
Nich-NickNot TellingUnited Kingdom2012-11-05 06:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAdmin Review

My wife had interview on aug 6th, 2012 and was asked to provide more documentation in regards to us settling in the states since I work overseas for a government contractor"......

Were you by chance working in primarily Muslim countries including Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, the United Arab Emirates, Yemen Pakistan, Saudi Arabia, Bangladesh, Egypt, Indonesia, Jordan, and Kuwait among others? If so was the wife there also? That could trigger extra security checks. Nothing you can do, and nobody you can call that will give you further information or speed it up.
Nich-NickNot TellingUnited Kingdom2012-11-04 14:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCo-Sponsor Question

Hello VJ Family,

It is been awhile that we posted on this site. Our marriage and immigration journeys are going well.I have a question on behalf of our friends who are now in the NVC stage of their CR1.

I will like to know if we (my wife and I) can help as a co-sponsor?
I have looked at the I864A section 8 and I just want to confirm if other relationship referred to on that section 8 could be interpreted as: Friends, Cousins etc.

And can we combine the sponsors income with that of the co-sponsor to meet the poverty threshold requirements OR the co-sponsor alone has to meet that requirement all by themselves????

I am LPR with 2 years conditional green card.

Many thanks for your prompt advise and suggestions as usual!!!!


To combine all the incomes---the sponsor (friend) and joint sponsor(you) would have to be related (parent, child, sibling, spouse) as well as live under the same roof...ie, share a home.

You can be a joint sponsor by doing an I-864 and combine income with your spouse. She would do the I-864A. Your family size for meeting the needed amount would be you + your spouse + your kids + the immigrant..

Edited by Nich-Nick, 22 April 2013 - 05:48 PM.

Nich-NickNot TellingUnited Kingdom2013-04-22 17:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNew Married Last Name on Form?

Hello all!
I just got married yesterday and my partner and I were hoping to start the visa process within the next week. (marriage took place in England and am an American over on a student visa).
However, my father raised a few concerns so I would like a second opinion.

I was planning on filling out the forms taking my husband's name. then under the 'other names known as' section, I was planning to put my maiden name.
However, while I am receiving mail in my married name and have changed my individual bank account in addition to opening a joint account under new married name,
my passport still only has my maiden name and I am unable to update my American bank and credit accounts (they told me this must be done in person and I was planning on moving to the US with my partner once he is issued a visa). Also, my social security is still under my maiden name. Can I still fill in the forms with my new married name or should I continue to use my maiden name and wait to change when I am in the US? Any advice or input would be much appreciated!
Thank you in advance!


Do your original plan. Your greencard will come in the name on the application. If you get it in your maiden name, it will cost you $450 to change the greencard name. The USCIS knows you just got married and name changes don't happen across the board instantly. The name on your social security card isn't highly critical to the immigration process. Your marriage certificate serves as legal documentation of the new name.

Also have you researched filing DCF through the USCIS office in London rather than at the Chicago Lockbox? It's faster. This is the page http://london.usemba...i130filing.html

That page used to clearly say persons on student visas weren't eligible. However, it's not clear anymore so maybe a change?? I have not followed DCF people so maybe something to research. I recall a thread where it was discussed, but don't know if the person who was a student got a ruling.
Nich-NickNot TellingUnited Kingdom2013-04-25 15:17:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat forms do Household members fill out to help sponsor? I-864A?

I appreciate everyone's help, thank you for taking the time to respond. I still am uncertain though.  
 
I don't see why my dad would need to fill out the I-864 since he is a household member.  I have my parent's tax returns (including W2's and 1099) for the past three years.  Couldn't I just have my mother and father both fill out I-864A's.  Their individual W2's for the past three years should be enough to prove their individual incomes, as well as their combined income on the tax return. They are well over the required amount for a household of 4 people, and that's without my income even being considered. Why is it better that my dad fills out an I-864 instead of I-864A? I thought that the difference between the I-864 and the I-864A is that the first is for joint sponsors and the second is for household members. I suppose my father could be a joint sponsor, but why would it be necessary if they've made a slightly easier route to take for household members? 
 
 



You can do it the way you described. The real purpose of doing that is if nobody qualified on their own. Example if you needed $30,000 and each one made $10,000. Nobody qualifies. But if they were family and shared the same home then it could be done like this--
Your I-864
Your income $10k + Mom$10k + Dad $10k = $30,000 household income

My comment was it is my opinion the other way is cleaner. You don't make enough money, you don't own the home, and you are their dependent. It's like the tail wagging the dog.
Let the person who owns the home and makes the most money fill out an I-864 of their own as a joint sponsor. Skip anything from Mom, but send another proof of Dad's Income or point out in writing with a photocopy of his W2 that his separate income is sufficient as shown on this W2. Connect the dots for them. Be sure to include his proof of Us citizenship.

But your preferred way is fine. Either is correct.

You did read the instructions that you also have to add proof that you share the same household and that you are related if you do your way? More documentation from 3 of you.

Edited by Nich-Nick, 06 May 2013 - 09:58 AM.










Nich-NickNot TellingUnited Kingdom2013-05-06 09:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling taxes as married

Im using TurboTax. Trying to file Married filing seperately. I believe I read somewear here that to do this, I should insert NR or NRA into the SSN area. TurboTax will not let me do this. They want a number, not letters. Am I going about this all wrong?


Just leave it blank and press Continue.
Nich-NickNot TellingUnited Kingdom2011-01-31 14:08:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling taxes as married

And as far as filing as single, TurboTax and other tax packages classify the USC as SINGLE if the spouse is a nonresident alien with no US income that does not meet the Green Card test or the Substantial Presence test.


Somebody needs to point out to Turbo Tax that their software is not correct in this situation.


TurboTax gets it right for me. Just tried it. I've tried out the scenarios each year since 2008 so when I help people on VJ, I'll know basically how TurboTax is organized for that year. Even TurboTax Basic (the cheap version) works it out. I have the installed version and haven't tried online yet this year.

But you start fresh with a new return without pulling in any old data and it will say "were you married on Dec 31, 2010?" Your answer is YES. From there it knows you aren't single no matter what you put in about the wife. Continue on and it starts asking for wife info. It asks her State. There is an option for Foreign. It later asks if she was foreign all year or part of the year. Anyway.... It establishes you are married with a foreign wife (either all year or part year) and says in the end....Your filing status is Married Filing Jointly.

TurboTax 2010 actually walks you through the worldwide income and foreign exclusion quite well this year over 2008 and 2009 versions. Before it was well hidden and they didn't track together like they do for 2010. You encountered the income exclusion fairly easily but finding where to show the foreign income as income was a couple of layers deep with no indication that topic had anything to do with foreign income from the top menu view. I think they improved it.
Nich-NickNot TellingUnited Kingdom2011-01-30 13:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling taxes as married

Carlos, you are just plain wrong. The default is single when one spouse is a nonresident alien, and you can OPT IN to married filing jointly, but please read IRS document 519 before you post more stuff acting as an expert.

Why is this so hard--the instructions may be full of IRS jargon, but they are pretty simple.

http://www.irs.gov/p...p519/index.html


I agree with Carlos on this. I only have 3 years experience with an alien, but decades of reading IRS forms and doing my own taxes....back in the olden days with a pencil and paper... BC (before calculators) and BT (before TurboTax.)


From Publication 519 on page 26 it says a non-resident alien can file as single if his spouse is in another country more than 6 months. That would be like a married foreign student or such in the US with a foreign wife back home. For the purpose of this thread, the question is what is the filing status of the US citizen with a foreign spouse. The US citizen if married on the last day of 2010 is married. If the divorce came through on Dec 30, 2010, then he is single. The exception (and it's not in Pub 519 because it's a general US citizen resident topic) is if the couple is legally separated according to the laws of the state where they live. It's not a "she moved out" thing, but a formal legally filed separation order. I'm probably not using the right legal terms, but it's a legal separation not just physical separate living arrangements. An exception is if one of the spouses qualifies as "head of household" which is normally a single parent with minor children to support. In some cases a not-yet-divorced person may qualify for that status if living apart from the spouse.

So I still interpret a married US citizen/resident does not file as single.

Edited by Nich-Nick, 30 January 2011 - 11:50 AM.

Nich-NickNot TellingUnited Kingdom2011-01-30 11:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling taxes as married
Edit: Forgot to add there is a Making Work Pay credit this year of $400 ($800 married) that some are eligible for but spouse would have to have a SSN to get it. Not sure all the details, but if otherwise eligible except for the SSN, you can file an amended return after you have a SSN and get $400 more back. It's just a little more paperwork and we're all pretty used to govt forms by now.
Nich-NickNot TellingUnited Kingdom2011-01-30 09:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling taxes as married

Anyone got the definitive answer?!


The USC was married in 2010 and should NOT file single. The status will generally be "married filing separately" if he doesn't want to file jointly. Filing jointly will be an advantage tax-wise. You will have to do a couple of extra steps this year.

•You will complete your joint tax return leaving a blank where a SSN or itin would go for your spouse. The 2010 UK income will be converted to US $$ and reported (under less common income on TurboTax). It is self reported as is the conversion rate. Form 2555 or 2555EZ will be filled out for the foreign income exclusion. They want to know worldwide income, but then you get to exclude up to $91k-ish.


•You will write a statement saying you are a US citizen and he/she was a non-resident alien on the last day of 2010 and you both elect for him/her to be treated as a resident alien for tax purposes. That's required for him/her to file jointly with you as he/she is not a resident yet by immigration rules. But for the IRS, the statement will allow him/her to be considered a resident as far as filing taxes goes. Otherwise a non-resident can not file a joint return. You both sign the statement and each list you name, address, and id number (SSN and A-number). Staple it to the end of your return.


•You complete a FORM W-7 ticking reason "e" and giving your name and SSN on the line beside it. You must provide identity with the w-7 and his/her passport will be enough. The IRS says this "If you submit an original valid passport (or a notarized or certified copy of a valid passport) you do not need to submit any other documents. If you do not submit a passport document, you must provide a combination of documents (at least two or more) that are current and that (1) verify your identity (that is, contain your name and a photograph), and (2) support your claim of foreign status."

•Mail you tax return (signed by both), the statement, the W-7 and identity document to


Internal Revenue Service
ITIN Operations
P.O. Box 149342
Austin, TX 78714-9342


NOTE: This a special division and not where you would normally file your return. They will process the itin in Austin and add the itin number to the tax return you sent with it. Then the tax return will be processed. It will take a little longer.
Nich-NickNot TellingUnited Kingdom2011-01-30 08:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInstructions for filing taxes with spouse outside of the country

Tax question for 2010 - foreign earned income exclusion Form 2555EZ:
Me US Citizen. Wife Canadian. Married August 2010. CR-1 pending.
Wife lived and worked in Canada for Canadian company/ employer the whole of 2010.
She lived in Canada continuosly since 2002, Canadian citizen, Tax home country = Canada all these years, Employer = Canadian.
Continues to be a bonafide residence of Canada in 2010....!
I am filing our US taxes as "Married filing jointly" and claiming wife as exemption. Filling out Form W-7 for her ITIN.
Trying to apply for foreign earned income exclusion Form 2555EZ. After reading the instructions for 2555EZ again, I find the bonafide residence test kinda confusing....!
Is the physical presence test (330 days in 2010) necessary too to qualify as a bonafide resident for US tax purposes for 2010?
She visited me in the US a few times in 2010 - making her days in Canada in 2010 = 310 days total.
Can we still apply for foreign earned income exclusion???
Thank you.


She qualifies as a bonafide resident and that's all she needs to qualify on. Remember this form is also for US citizens who may be working abroad, so they want to make sure they were really residents of a country or there for a long time and not just trying to exclude some income because they went to Canada for a month.

Has anybody mentioned for those spouses not holding greencards yet, you must write a statement saying you both wish for the non-resident alien to be treated as a resident alien for tax purposes. It's on page 10 of Pub. 519....third column I think.
Nich-NickNot TellingUnited Kingdom2011-02-10 17:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInstructions for filing taxes with spouse outside of the country

I have the SSN but I was not in US for the Tax Year 2010. My wife and I got married in April 2010. Now, 1040 will probably ask how much I made and all that as well right? does anyone know how to deal with this? I earned money and paid taxes in Korea. Furthermore, koreans do not have the W-2s. What documents do we submit to the IRS?


The foreign income is self reported. You convert it to US dollars at the exchange rate of when it was earned. You don't send anything in to document it, but I suggest you make some kind of notes to put in your records on the slim chance you would be audited. In TurboTax it is reported under Less Common Income. It will also walk you through the Form 2555 Foreign Income Exclusion.

I also prefer the version you install on your computer. I buy the 29.99 Basic version and it does all of the above, plus investments, itemized deductions, capital loss carryover, etc. It does keep suggesting I need Premium along the way, but just click "no thanks" and carry on.
Nich-NickNot TellingUnited Kingdom2011-02-06 22:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMedical Question

Hello, again :|.

Getting tired of typing out this little blurb, maybe I'll copypaste it next time :D :

Applied for and got a K1 last year, moved to USA, had to move back due to medical emergency, now in the process of obtaining a IR1/CR1.


I just wanted to say it's really nice to see you back after your treatment. I remember your visa posts and then about having to leave not long after you finally got here. I think you were in the Houston area like us. All the best to you.
Nich-NickNot TellingUnited Kingdom2012-02-25 19:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 does this apply to both of us?

Thank you Aaron, I just found out as well that our Joint sponsor will be retiring this year cutting his income in half which is still enough for 3 people but with a 4th do I need to look into finding a bit more income, or since I should be working by that time will the combined income work together?


You and the baby won't be in the sponsor's people count.

Sponsor is single-- He + immigrant = 2
Sponsor is married--He, his wife + immigrant = 3

Is that what you were asking?
Nich-NickNot TellingUnited Kingdom2012-02-26 17:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHaving a baby mid visa processing

This process, called DCF (Direct consular filing) is extremely fast - it might take a month or two.

It's taking around 6 months in London right now, although their website says to allow 10 months.


My wife has been in the UK for nearly 3 years and has Indefinite Right to Remain - I assume this means we can apply via the DCF process? She lived in the US for the first 27 years of her life..........


She is eligible with her ILR to petition through London. Here's the London instructions. http://london.usemba...i130filing.html
Nich-NickNot TellingUnited Kingdom2012-02-28 09:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresProcess for 10 month trip to US

I know, my problem is trivial compared to those struggling to get spouses full-time into the states. I just need advice on my best course of action.

As I see it the options are:
* somehow get a US company to employ me from the UK (unlikely)
* fill in i-130 and see when I get to America off of it (takes around 6 months)
* get a visitors visa and not work for my time in the US (takes around 3 weeks but will cost more long term from lost earnings)


I'd say what you want to do just doesn't fit US immigration laws or visitor visa limitations. Getting an employment visa takes a long time and the paperwork and expense is borne by the employer. Who would put out thousands of bucks for you to work 10 months. Best bet is try to get a visitor's visa and enjoy the holiday. Finding employment that quickly isn't too easy as many immigrants have found out, even with employment authorization.

Have you thought of a student visa? Would have to enroll in school and pay higher tuition. Work on campus is allowed but general work at any job is limited by the visa.

Here's a list of non-immigrant visas. Maybe you can find another angle. http://london.usemba...rant-visas.html
Nich-NickNot TellingUnited Kingdom2012-02-27 18:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresProcess for 10 month trip to US

Well after you lose it, I assume its possible to reapply if necessary in future? Just need to wait all over again.

Do I need the visa to be entirely finalised before I could travel to the states or can it be sent to me after I am in the country with an ESTA?

What sort of time are we looking at with DCF?


You have to interview and get a medical in London, so sending a visa is not an option. Here's the basic fees you're looking at when done through the US. Not sure about the DCF route because you don't do the NVC step, but will pay the visa fee to the embassy instead. Add travel to London twice.

CR1 route = $912 + £259.50

$420 (USCIS) I-130
$88 (NVC) Affidavit of Support fee
$404 (NVC) Immigrant Visa fee
£35 ACPO Police certificate
£210 (Knightsbridge Doctors) medical exam
£14.50 (DX Secure) Courier fee

Here's a Visa Journey DCF forum. Maybe you can find some Brit timelines http://www.visajourn...ral-discussion/

Here's a long thread going on British Expats for DCF http://britishexpats...ad.php?t=719495

Edited by Nich-Nick, 27 February 2012 - 11:36 AM.

Nich-NickNot TellingUnited Kingdom2012-02-27 11:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresProcess for 10 month trip to US

I-130 is probably the way to go in case my wife inevitably tries to convince me we should be staying. I would also like to be able to bring in some money while we are there which pushes me in the same direction.

Does the immigrant visa expire if you are out of the country for a certain time period?


The CR1 visa will result in a greencard (US permanent resident) as soon as you enter the US. You are expected to live in the US with short visits abroad or you will lose status as a permanent resident.
http://www.uscis.gov...000082ca60aRCRD

If your wife is a resident of the UK, she can petition for you through th US Embassy London. http://london.usemba...i130filing.html It's commonly called DCF (direct consular filing).

Edited by Nich-Nick, 27 February 2012 - 08:35 AM.

Nich-NickNot TellingUnited Kingdom2012-02-27 08:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffidavit
There's an "Example Forms" page if you haven't found it. http://www.visajourn...ontent/examples

In the I-751 section there's two things about affidavits from friends and family if that's the kind you're looking for.
Nich-NickNot TellingUnited Kingdom2012-02-29 20:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSurrendering passport for I-130

Hi - I am about to file the petition for the I-130 (this weekend) and I assume at some point the embassy will contact me and the next step will be to surrender my passport while my application is processed? Anyone have any idea if that is the case and when (approximately) it might be? I have a friends wedding in July, therefore I don't want to be passport-less for that time.........

Thanks!


Months from now you will interview in London. Several possible scenarios from interviewer:

"You are approved". Keeps passport. "Pay the courier on your way out". Passport delivered with visa by DX Secure courier in 3-5 days.

"You didn't bring the correct document". You send missing doc in. They notify you the visa has been approved. You contact DX Secure to collect your passport for delivery to the embassy. They issue visa and DX Secure delivers it back to you.

"We need to do further background checks. We will notify you when to send your passport." You wait weeks/months for visa approval. They notify you the visa has been approved. You contact DX Secure to collect your passport for delivery to the embassy. They issue visa and DX Secure delivers it back to you.
Nich-NickNot TellingUnited Kingdom2012-03-12 19:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAfter the interview..
There is no extra processing because of the expedite. The officer can approve you immediately. I've never known London to issue the visa the same day or let you wait for it as the above post suggested. It should be back to you in 3-5 days, but weird things happen and I wouldn't buy a ticket before it's in hand.
Nich-NickNot TellingUnited Kingdom2012-03-12 19:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS - Joint Sponsor Question

Hello Everyone,

I need a little clarity on AOS Form.

So I have filled out I-864 (USC). Under the Household size I have put 2 because we have no children or dependents etc. I know we need a joint sponsor, My question is; Does the joint sponsor have to include me(USC) as well as my spouse when he fills out his. He aslo has no wife, children etc.

Thanks for your help!!


No, unless you are his dependent.
Nich-NickNot TellingUnited Kingdom2012-03-13 16:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresStarting the CR-1 whilst the beneficiary is in the US
Just remember that they will be looking at the petition to see if she meets the requirements to bring a spouse over, ie. is she a USC, were you both free to marry, did you really get legally married? Can she support you? No but a joint sponsor will and he's already lined up.

Your visa application and interview will be more about your "worthiness" to live in the US. You're going to be face-to-face with a live person to explain yourself if you insist. No need to bulk up the I-130 with all that background about yourself. Tell it to the person in London who makes the decision and works for the Dept of State, not the USCIS.

Stop making up reasons you think you might be inadmissible to the US and read what makes one inadmissable according to immigration law. http://travel.state....ities_1364.html Then if you find something that applies to you, bring it back to the discussion. Drugs, terrorism, and crimes involving moral turpitude are biggies.

And please read UK interview (CR1 visa) experiences only because that's your best gauge for your situation. UK Reviews

When I come to file, I'll no doubt have more questions about individual aspects - I hope you guys are still around then and active!

We hope to graduate by April/May. :yes: Waiting on that citizenship interview letter as we speak. It's scheduled, but the letter will tell us the date.

Edited by Nich-Nick, 17 March 2012 - 03:01 PM.

Nich-NickNot TellingUnited Kingdom2012-03-17 14:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresStarting the CR-1 whilst the beneficiary is in the US
You just have to meet the requirements. I wouldn't explain the divorce dates, but I've told you that before. You are free to marry. Done.

Different names? I kept my former name. It's not even my maiden name but the surname of my former husband. Click my timeline and look at all those boxes ticked off and colored blue without one RFE or any explanation to USCIS why I have a different surname than my immigrant husband. It is not an issue.

She may have other documents in her maiden name (passport, tax returns). The maiden name will be on USCIS forms under former names used. They will "get it" that older documents will not say Mrs. Dustingthestars if she just got married. They are smart like that. If she wants to change her credit card or bank statements to a new name...sure that's fine too, but not the big deal you are fretting about.
Nich-NickNot TellingUnited Kingdom2012-03-17 11:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresStarting the CR-1 whilst the beneficiary is in the US

Just a quick one. I've been reading about the process of starting the CR-1 whilst the beneficiary is in the US vs. not in the US. Do any issues arise when beginning the CR-1 from inside the US?

Would love to hear some opinions on this from people that filed whilst the beneficiary was in the US. I was originally going to take 3 weeks off, but I spoke to my boss here in Moscow and he said I could take a paid sabbatical that would cover me for the 90 days maximum allowed by VWP. I'll have a bucket-load of evidence with me, as I plan to get married on the trip so we can start our CR-1!

The following is strictly my opinion. I have no experience with an I-130.

I see no reason why she can't mail the petition while you are visiting. There is a question where they ask if you are currently in the US, your I-94 number, and date of arrival/departure. You won't have an I-94 so that will be your next question.."What should I put there?" ESTA or VWP maybe? The form complains, but will take alpha characters as well as print them in the numeric field.

Your address (#19) is best something in the UK where you plan to return after your holiday.
#21- NONE because you haven't lived together as married. You are on holiday, not a resident or on student or work visa which is a longer term stay thing.
#22-N/A Lets them know you read the question and don't intend to adjust status from VWP, but rather head back to the UK to get an immigrant visa.
Nich-NickNot TellingUnited Kingdom2012-03-17 09:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMoney Order in the UK

I don't have access to my US bank account other than a Debit/credit card.... I have to file at the chicago lock box and they want a money order in US dollars... I have NO clue where to buy one here... I have checked my bank and they said they will do a international bank transfer something or other and give me it in US dollars... do you know if USCIS will accept this? or where i can get a money order from? Just want to make sure I get the right thing before i pay the bank £20 for it and its not accepted


Do you have a parent in the US that can write a check for you? Then you figure out how to reimburse them?
Nich-NickNot TellingUnited Kingdom2012-03-17 09:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHealth Insurance/Medicare for Spouse/Green Card

I am new to this forum and have a question regarding eventual return to the United States. I am currently married to a UK citizen, living in the UK. I am 54 years old and he is 62. I would like to eventually return to the United States. My question is - if I am 65 years old and eligible for Medicare (I worked and contributed to the system for over 30 years), would my spouse automatically be eligible for Medicare if we return to the US and are both over 65 (he on a green card)? I am concerned about medical coverage for him if we decide to eventually retire in the US. Also, does anyone have any information on difficulty obtaining a green card if you are over 60 years of age?


Medicare A Hospital coverage- he is eligible based on you. Free
Medicare B Medical insurance- eligible after living in US 5 years or has become a citizen. Monthly premium. (he is eligible for citizenship 3 yrs after obtaining greencard)
Medicare D Prescription Drugs- eligible. Optional. Monthly premium.

Even you have those premiums. They come out of your Social Securtity check.

Edited by Nich-Nick, 19 March 2012 - 06:40 AM.

Nich-NickNot TellingUnited Kingdom2012-03-19 06:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCurrent income verification for joint sponsor

Ive been reading about providing proof of current income via 6 months worth of pay stubs. My joint sponsor is retired and doesnt have monthly hard copy statements. He gets his income from three different retirement/pension agencies through direct deposit. Instead he provided letters from the agencies verifying he gets $xxxx dollars each month for life. Would this suffice?


Yes. Those are like employment letters and have the advantage that the income is for the rest of his life. Good proof of income.
Nich-NickNot TellingUnited Kingdom2012-03-19 06:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPolice certificates

My question is more about the validity of the certificate. If I leave Russia on the 29th June, will NVC and Consulate accept a certificate that was produced on 1 June, leaving 29 days in Russia unaccounted for?


I would say yes to that.
Nich-NickNot TellingUnited Kingdom2012-03-20 06:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhere to marry and file I-130

He is here as a visitor only so unable to file through DCF!

If we are married at the time I go do I say at POE he is my husband but we are filing I-130 and will return home in 2 weeks and wait for CR1 processing?

Getting married in the UK is not a problem we have found out what we need! Its just whether it would be a problem going to America! I understand it is only visa fraud if you intend to go as a visitor and stay right? So if I am returning after 2 weeks that is not visa fraud?
Is that correct?


Here's my opinion on entering the US--

Normally the question is "What is the purpose of your trip?"
I think the answer is "business" or "pleasure". My British guy always said, "I'm on holiday".
The next question may be "How long are you staying?"
Done. Next in line please.

The point is, that first question is not "tell me all about your marriage, relationship, future plans, if you want to live in the US in the future, etc."
Wait for them to decide if they want to know more information. Then answer the questions they ask.

Visa fraud is using a tourist visa or VWP with the full intention of getting around the immigration process. It's if you plan in advance to permanently move to the US by entering on VWP rather than getting the proper immigrant visa. Intention is hard to prove and people immigrate via VWP all the time and sucessfully get a greencard. But it's not foolproof and there is no appeal if something goes wrong.

You are not committing any fraud. You are not doing anything illegal by visiting the US. But the CBP officer gets to decide if he thinks somebody looks or acts like they may not leave or will seek unauthorized employment and join the other undocumented aliens or illegal immigrants hiding out from ICE.
Nich-NickNot TellingUnited Kingdom2012-03-28 08:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffidavit of bona fide marriage

So do you think it is ok for us both to sign the statment about our relationship even though it is filed by the petitioner? My signature is to say that I agree with the statement, then get this notarised!


I think if you both want to sign a letter, then do it. It's not a requirement and there's nothing that reqires a notary in the immigration process. (The exception would be London likes a notarized statement from the other parent if children are being moved from the UK.) But it's your application and whatever you want to include that makes you feel like it is a better petition, is your decision.

This part of your letter confuses me--

SWORN BEFORE ME at the Town of ????????, in the state of Pennsylvannia, this [DATE] day of [MONTH], [YEAR]


That is more of a notary wording and not what should go before the petitioner's signature (If I'm following correctly that Mr. ?????? is the petitioner.) "Sworn before me" is normally followed by the signature of the witness or notary who the person(s) making the statement swears before. Example:

(Statement about the marriage)

I swear the above is correct.....etc

Mr. Petitioner

I swear the above is correct........etc

Mrs. Beneficiary

Signed and SWORN BEFORE ME at the Town of ????????, in the state of Pennsylvannia, this [DATE] day of [MONTH], [YEAR]

Mr. Notary


Edited by Nich-Nick, 01 April 2012 - 08:11 AM.

Nich-NickNot TellingUnited Kingdom2012-04-01 08:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresEvidence of Bona Fide Marriage?

One more question with regards to my I-130 packet. I am sending several 4x6 photos of us at various times we have visited each other. Any suggestions for how to place these in the packet (i.e. in ziplock bags, paper clipped together, attached to letter paper, etc.) or can they just go inside the envelope I'm mailing the entire packet in? Suggestions appreciated! Thanks again everyone!


Doesn't really matter. When I was all fresh and new at this, I had some old photobook pages, so I stapled a 3-photo holder to a letter size paper. Later applications I just popped some shots into a MS Word document, re-sized to make small, added a text box to name and date each, and printed on plain paper. Everything got approved quickly and nobody wrote me a note saying the photo holders with photopaper were lovely or the smallish plain paper photos were cr@p. :rofl: They don't care as long as they aren't falling out of your package and they have to retrieve them from under their desk. Photos are secondary evidence.
Nich-NickNot TellingUnited Kingdom2012-04-03 10:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresICR1 Visa and EAD ???
You are doing the best and quickest process available to you. If 5 months have passed since the date on the USCIS receipt your wife was mailed, then she should file a service request. Do you know the USCIS receipt number? Have you checked the online status at USCIS to see what's happening? If it's important to you and her then learn the process and follow up on it every step of the way.
Nich-NickNot TellingUnited Kingdom2012-04-02 14:30:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE Divorce Decree

Wonderful idea and I am sure he does but my other problems is the fact that not only is he is the UK but working off shore on a rig until the end of July.


I know you don't want to wait, but this isn't an initial submission. This is an RFE and get it wrong and they might deny you. There's not usually a second chance. You submit a reply and if it's not enough to approve you, they deny. They can't approve until they know he is free to marry. That's why I would send an exact copy with that red stamp. They were wrong to RFE you but it's your job to do the best you can to point out your document is the only thing the UK issues. I think the red stamp is the key to the proof along with the footer saying Decree Absolute. The date highlighting just helps them find it easier. But you do what you want to do, because I'm just giving an opinion.
Nich-NickNot TellingUnited Kingdom2011-07-18 20:25:00