ForumTitleContentMemberSexCountryDate/Time
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
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE Divorce Decree

They only reason it would take a couple weeks is because my husband has the original and he is in the UK right now. I only have a b/w copy.
If I had the original you bet I would have went to Fed Ex and had them make me a color copy.
Sadly that is not the case. :(


Does he know anybody with a color scanner? Scan to file > email > you print on color printer.
Nich-NickNot TellingUnited Kingdom2011-07-18 13:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE Divorce Decree

Does it have to be a color copy? I have a b/w copy with me that I can highlight and send in, it also has the stamp on it.
Or should I wait a couple weeks until I can get the color one?
I don't want to rush but I would really like to get to the next step.


I think color makes the red stamp from the court stand out and highly suggest that. I guess I don't understand why it would take two weeks to go down to Office Max or Kinkos or your friend's who has a scanner/color printer. ????
Nich-NickNot TellingUnited Kingdom2011-07-18 07:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE Divorce Decree

That is exactly what I sent to them but it was a copy. Should I send in the original with a letter? How would I get proof that they are normally not signed?
Thank you so much for the response!!


Before applying, I had read that people were getting RFEs because they were not recognizing it as official. Here's what I sent and it was accepted with no RFE

  • A color copy so the red seal shows up.
  • Yellow highlighter over the sentence from "it is hereby certified that said decree...." and continuing to "...marriage was thereby dissolved."
  • Highlight DATED:xxxxxxxx
  • Yellow highlighter on the teeny, tiny print in the footer that says "Decree of Absolute (divorce)"

I would repond with a letter saying something like, I believe the request for evidence to be in error because divorce decrees in the United Kingdom are not signed by a judge, but rather stamped with the seal of the court. I am again submitting a copy of my [husband's/wife's] United Kingdom Decree Absolute which is stamped in red by the (name the court however it's written on the red seal). Then send a copy with the highlighting like I did to point it all out to them.
Nich-NickNot TellingUnited Kingdom2011-07-17 10:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE Divorce Decree

Does anyone know how long or how hard it is to get a copy of a divorce decree from the UK signed by the judge?
Thank you!!


The UK divorce Decree Absolute is not normally signed by a judge. Did you have a copy of that letter from the court with a small red ink circle stamp? Sometimes USCIS doesn't realize that's what a UK divorce looks like.
Nich-NickNot TellingUnited Kingdom2011-07-17 08:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAP - London INterview

[font="Comic Sans MS"][color="#9932CC"]Hi All,

So my husband had his interview in London this morning, and after a 10 min long interview they hand him a blue form which says no document needed but they need to do an additional processing, and once it is done they will contact him so then he can send his passport in. They handed his passport back to him. We both are very sad and did not expect this at all.

Does any one have any idea how long this AP thing take in London embassy?


Sorry you were not expecting this and got a huge disappointment. It happens in London all the time for non-UK born. There is NO way to speed it up or know how long. The consulate can't tell you something they don't know.

I've written about this many times, so to save time here's a link to one of the posts explaining in more detail what I know. http://www.visajourn...17#entry5002917
Nich-NickNot TellingUnited Kingdom2011-12-06 07:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSilly question but haven't seen an answer ...

Can I use staples?

Thoughts?


the USCIS has published their thoughts on this subject General Tips on Assembling Applications for Mailing

Lot's of tips including:

In preparing your packet, please take note of the following:
  • Do not use binders or folders that cannot be easily disassembled.
  • Use ACCO fasteners to hold together thick or bulky applications or petitions. Two-hole punching the top of the material for easy placement in the file is appreciated.
  • The use of tabs assist in locating items listed as attachments. The tabs should be placed on the bottom and not the side for ease in filing.
  • Avoid using heavy-duty staples; instead use ACCO fasteners or heavy clips.
  • Avoid submitting originals unless specifically required. Avoid submitting oversized documentation when possible.

Nich-NickNot TellingUnited Kingdom2012-04-17 12:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Checklist for items already sent, please help!

Thanks very much to Sheeshkabelle and Bigdog for the replies. For my 2010 tax returns I submitted a statement that I wasn't required to file, a copy of the IRS 501 Publication for that year showing the income threshold for non-filing, a letter from my employer showing my salary, and a pay slip showing cumulative wages for 2010. I will submit it all again but have I left anything out? Not sure what else I could send them to demonstrate that my income was too low to be taxed. I'll double check with my Dad that he included the entire 2010 tax return. Also, I'm a bit unclear as to whether or not we need to re-send the entire I-864 packet or only the financial documents with the barcoded cover letter from NVC. Thanks again for the advice!



Did your statement as to why you didn't file taxes include some thing like "In 2010, I earned $1,234 which is below the threshhold of $9350 for a taxpayer filing single. I have included blah blah blah from my employer to show my 2010 earnings."

Sometimes you can't expect them to connect the dots, so state your exact 2010 earnings and don't expect them to get it from your employer letter. Just saying in your statement "my income was too low" is vague.

Also get a tax transcript for your dad. That way he doesn't have to know what forms, schedules, W2s, 1099s to include. They come quickly.

Edited by Nich-Nick, 22 April 2012 - 10:54 AM.

Nich-NickNot TellingUnited Kingdom2012-04-22 10:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarriage in US -> Return home -> CR1

Got it! I wonder if that works with criminal records or communicable disease?


Those are questions directly asked on ESTA. You answer them.

Your first question at POE is What is the purpose of your trip? "I'm on holiday" is a good answer.

If you are further quizzed at with-- Who are you visiting? Are you engaged? Are you planning to get married on this trip?--then you answer those too. Nobody is suggesting you lie to a direct question on a specific subject.

Edited by Nich-Nick, 19 April 2012 - 07:11 AM.

Nich-NickNot TellingUnited Kingdom2012-04-19 07:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarriage in US -> Return home -> CR1

No, it is not lying to fail to mention a wedding on your itinerary any more than it would be lying to fail to mention a planned visit to a public restroom. Any truthful answer is truthful. I recommend a more generic truthful answer than mentioning one's own wedding. You are simply out of your element and over-reacting. Yes, I'm harsh with people who give bad information to people looking for the truth.

Any visitor faces the possibility of refusal. It is just as legal to enter the USA with the intention of marrying a US Citizen and then leave to pursue a spouse visa as it is to enter with the intention of attending a football game, buying a burger and a brew and then leaving. Both are "pleasure" trips. Both are "holiday/vacation" trips. Both are "visits". Pleasure, holiday, vacation and visiting are truthful generic answers used thousands of times every day when asked for the purpose of a visit to the USA. Picking any one of those answers when planning to do each and every one of them PLUS getting married or NOT getting married is TRUE and legal. Take it to the bank.


I seriously agree with pushbrk.
Nich-NickNot TellingUnited Kingdom2012-04-18 12:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarriage in US -> Return home -> CR1

5. Enter under visa waiver program, marry in US, then return to UK to pursue CR1 - This is now our preferred option, but I have been unable to find proof this is legal.

Best option in my opinion.


Now, I have seen many people state that marrying under VWP (or under a B2 visa) is legal, as long as you exit the country within the 90 days (for VWP). However, the publically available information is confusing. I guess I'm a very rigorous person when it comes to things like this, and I have looked through a lot of documentation...

This is publically available http://london.usemba...proc.html#iv036

We only wish to travel to the United States to marry. We will return to the United Kingdom after marriage. Do we still need a fiancé(e) visa?

A person traveling to the United States to marry a U.S. citizen with the intention of returning to his/her place of permanent residence abroad may apply for a visitor (B-2) visa, or if eligible, travel visa free under the Visa Waiver Program. Evidence of a residence abroad to which the B-2 visa holder or visa free traveler intends returning should be carried for presentation to an immigration inspector at the port of entry.


Nich-NickNot TellingUnited Kingdom2012-04-16 13:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresGang Related Tattoo Denial?
I read a report about a medical at Knightsbridge a couple of weeks ago where they questioned the guy about his tattoos. He said they were really old. That won him the prize of further testing for HIV and Hep B & C before Kightsbridge would sign off. It cost him around 72 GBP at his NHS doctor.
Nich-NickNot TellingUnited Kingdom2012-02-16 19:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNeed help understanding RFE document
Agree with Dad. :thumbs:
Nich-NickNot TellingUnited Kingdom2012-05-25 08:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Clarification

The fact that I got two completely different replies worries me. I'm pretty sure that I want them to both do I-864A because I'm wanting to add their finances to mine...?


I disagree that getting a small bump over the threshhold by adding a parent's income to your I-864 is wrong. They are counted in the household size in 21g on page 3. (If you have siblings, parents, or adult children with the same principal residence who are combining their income with yours by submitting Form I-864A, enter the number here.)

If you had zero income then I would go with the other way for sure. It would be silly to say you had zero income and need to add the entire support from her father to your form. There are several options on the I-864. Another way to do it without adding a family member to your form--

Sponsor does an I-864 alone and falls short.
Joint sponsor Dad does an I 864 and proves his separate income (like with a W2 that this Dad doesn't have)

--or--
Sponsor does an I-864 alone and falls short.
Joint sponsor Dad does an I 864 and adds Mom's income to his form as his family member.
Mom completes I-864A and attaches to Dad's saying he is allowed to use her income (as well as agreeing to help provide for the immigrant).
Nich-NickNot TellingUnited Kingdom2012-05-21 08:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Clarification

I live with my parents and am not their dependent and fall just short of the poverty line. my parents have always filed joint tax returns and are also self-employed owning a business. Does their filing jointly mean that both my father and mother need their own separate I-864A forms even though the attached tax returns would be the same? And also on the instructions for the i-864a it says to include proof that we reside in the same household. What counts as proof for that? And what counts as proof that I'm their child since I have since changed my last name to my husbands?

Sorry if any of these seem vague or stupid but any help is greatly appreciated THANKS!


It's a little complicated with the self employment and I assume joint ownership of the business, so not a dumb question at all. Basically you list anybody on your form who is going to contribute. It will Mom and Dad both if you can't separate out his income. (My husband is self-employed but he is the sole owner and the Schedule C and SE are his income only. I would be able to identify his income.) But if you can't do one person, then list both. I guess in that case, list half the total by each name. Anybody you list needs to give their written "permission" for you to use their income. Think of the I-864A as the permission slip they sign. One family member listed = 1 permission slip. Two people listed = 2 permissions. The joint tax return has both of their names, so just one photocopy should do it.

Same address? -photocopies of everybody's driver's license is a good one.

Related?- Photocopy of your birth certificate showing their names listed as parents.

On my applications I always highlighted or circled in red pen what I wanted them to see. Like circle each name on their joint return. Highlight or circle their names on the photocopy of your BC. If there's room, label it: Sponsor's birth certificate showing James Smith and Mary Smith (joint sponsors) as her parents.

Edited by Nich-Nick, 19 May 2012 - 11:51 PM.

Nich-NickNot TellingUnited Kingdom2012-05-19 23:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 Proof of Bona Fide Marriage??

One thing we were wondering about g-325a form is, my husband filled that out with his occupation/job thing being "student" because he's technically a student until July when he's done and he didn't have a job when he filled it out and sent it to me but now he's been hired working as a waiter and we were wondering if he should re-fill out the form or if it matters?


I don't think it matters and gives them an idea of what he does. Sounds better than writing "unemployed" for that time period.
Nich-NickNot TellingUnited Kingdom2012-05-28 11:17:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 Proof of Bona Fide Marriage??

That's weird, I attached it but I don't see it..haven't used that feature yet..


The attached letter from your mother states she is your brother.

The A# at the top is an example where an alien's A# would be entered. 1 2 3 4 ....is an example. Your husband doesn't have an A# yet.

It's way too formal. My opinion is that your mother's own words would be more believeable to USCIS. It doesn't have to be in legalese.

Do you have photos from the wedding of theses affidavit writers with you and your husband that you could label with their names? Do you have boarding passes and passport stamps showing your fiance arriving in the US prior to the wedding date, as well as the same for leaving after? You could note at the bottom your husband left ? days after the wedding to further establish you can't show joint items because you were only married ? days before being separated.

Read the guides provided by Visa Journey. Step-by-Step Guide on How to File for a IR-1 / CR-1 Visa for a Foreign Spouse. Read the instructions for each form over and over until it makes sense to you. Read the forums for mistakes others have made, so you don't do the same thing. THEN you will be ready to file without messing up.
Nich-NickNot TellingUnited Kingdom2012-05-19 07:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 Proof of Bona Fide Marriage??

My Husband and I don't actually own anything together since he's over in England and I'm here in Alaska, so I suppose I'm gonna have to figure out the affidavit of proof of relationship from a few family members/friends, but can anyone tell me the requirements for those? what it looks like and if we need it notarized, I can't find anything about it on the USCIS website which is weird.

Try the VJ Example Forms page (in the lighter blue menu bar above) Affidavits are under Lifting Conditions. You have a marriage certificate to prove you married. You haven't had time to establish much together in the short time and with him being abroad. They know that.


Also, can I just send in my regular Consular Report of Birth Abroad? or do I need to get it copied and certified or do I have to order a new one or something? confused on that one as well.

Thanks!

Send a photocopy of the one you have.
Nich-NickNot TellingUnited Kingdom2012-05-18 18:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNaturalization Certificate in Lieu of Birth Certificate
Try this link which is a good reference on how to get documents. http://travel.state..../fees_3272.html
First pick a country. Then on that country's page scroll way down past the long table of visas. You will find paragraphs telling if documents are available and who to contact.

And the London embassy has a discussion about if you can't get a BC here http://london.usemba...rth_certificate

Edited by Nich-Nick, 10 June 2012 - 12:51 PM.

Nich-NickNot TellingUnited Kingdom2012-06-10 12:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresError on I-130

I was filling out the I-130, what I got from USCIS.Gov

and the form says expires on 01/31/2012 ???? I am confused

Forms don't expire but are sometimes revised or changed slightly. The OMB date tells when the form is up for review again. It may not change at all but will get a new OMB date after the review is complete to show when it is next up for review by the Office to Management and Budget to comply with Paperwork Reduction Act.

The USCIS forms page lists this information
01/08/12; (08/15/11; 11/23/10; 06/14/10; 05/27/08 and 01/31/08 editions also accepted)

Note on Expiration: USCIS continues to accept the 01/08/12 edition of Form I-130 available here despite the passing of the form's expiration date. An updated form will be posted as soon as it becomes available.

The version date of the form is at the bottom.

Edited by Nich-Nick, 11 June 2012 - 11:47 PM.

Nich-NickNot TellingUnited Kingdom2012-06-11 23:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTotal costs for Spouse visa

Hi,

Im just wondering if anyone could tell me the cost for each stage of the process of getting the visa. My wife (USC) and I (UKC) have filed the i130 and paid the $400 something fee for that one just wondering what the cost if of the next stages. If anyone can provide a breakdown that would be really great.


Here's a cut/paste of a list I have--

The basic fees

CR1 route = $738 + £276.50

$420 (USCIS) I-130
$88 (NVC) Affidavit of Support fee
$230 (NVC) Immigrant Visa fee
£35 ACPO Police certificate
£227 (Knightsbridge Doctors) medical exam
£14.50 (DX Secure) Courier fee


Extras:
Passport photos
Postage
Immunizations
Transportation to London. Twice.
Maybe London hotel
Shipping fees to US
Flight to US

Edited by Nich-Nick, 15 June 2012 - 02:13 PM.

Nich-NickNot TellingUnited Kingdom2012-06-15 14:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDublin IS A POE....SERIOUSLY?

well not really, we have to go to austin, houston would be the POE, we were only ever worried about the POE in usa cause theres 1hr 25mins from landing to take off to austin, an hubby wasnt sure thats enough time to clear cbp an interview etc


It all depends how many planes are landing at the same time to crowd the immigration hall and how many others are arriving on visas that need processing. The "interview" as you call it isn't much. It's just opening the packet and processing the visa. There are many flights to Austin as it's a hop of less than an hour. There's probably a later flight available.

Try looking at Continental website for flights through Houston. They offer two direct flights from Heathrow and multiple departures to Austin.
Nich-NickNot TellingUnited Kingdom2011-09-03 08:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDublin IS A POE....SERIOUSLY?

So ive been told an read, dublin is a POE, an i can get interview an hand in my mystery envelope there, an have no drama as i enter the usa, as ive cleared the POE in dublin, is this really true, i can fly via dublin, get sorted and not have hassle or deal with CBP in the USA, i was stunned when i read this,


I'd suggest you pick the shortest, cheapest flight and not fret over POE. It's rarely a hassle with your visa in hand. If Dublin is your closest departure airport, the sure--pick Dublin. The people who go out of their way to clear in Dublin tend to be ones just going for a visit and fear they won't be admitted into the US. So if they get denied entry at Dublin, they didn't spend 9 hours on a plane to get sent back on another 9 hour flight. You're not going to be denied entry.

FYI- Houston is a very easy, friendly POE.

Concerning the clearance lines at US airports-- You will have an immigrant visa, not a greencard. You will not be a permanent resident yet. You will be a "visitor" going through the lines. Ask somebody official which line you should process through, because each airport can have their own preference. Some even have a special line just for visas. Maybe they will send you to the shortest line.
Nich-NickNot TellingUnited Kingdom2011-09-02 10:21:00
IR-1 / CR-1 Spouse Visa Process & Procedures?'s About I-864 and I-864A

Well we are part of the same household. My wife is unemployed as she is living abroad with me, and is about to return back to the USA in a month and get a job there. So we are relying on her mother's income and not hers currently. We will also both be living in her house initially upon our return to the USA. Since we are in the same household, do we then need the I-864A?

Thank you for your fast reply!

,

There are two choices on how to do this--
A. One I-864 from wife with MIL doing I-865A to give her "permission" .
B. One I-864 from each of them and nobody does I-864A

In order for her to put your MIL's income into your wife's I-864 pot so to speak (on wife's form) MIL must give written permission. The permission slip, if you will, is the I-864A.

I think it's foolish for zero income Wife to add MIL's income to her form, when MIL is the sole income and it's her house. Better for MIL to do her own I-864. Also there is no need to prove a common residence or relationship, which is just added confusing documentation.

That's why the advice from Push and I agree.


On another topic, did you ever read the reply and link I posted in your driver license thread? http://www.visajourn..._1#entry5544464
Nich-NickNot TellingUnited Kingdom2012-07-23 19:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUSING SURNAME OF THE HUSBAND
My opinion is decide what name you intend to use in the USA and put that on the application. Keep your immigration forms consistant. Your greencard will be issued in that name. If you decide to change it later, the cost for a change on the greencard is $350ish. There is a place on many immigration forms for "other names used" where you can list your maiden name (father's surname) so they make the connection. Once in the US, what name do you want to put on your drivers license, Social security card, bank account? Apply for the visa in that name so your greencard will match your American life. If you never want to change your name to your husband's, you don't have to. I didn't and no problems.
Nich-NickNot TellingUnited Kingdom2012-07-28 15:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresConfirm the immunisations I need

Can anyone link me to this list? I would like to print it off & show my vaccine nurse. I have had pox twice as a child & as I understand a blood test determines this? So when I go for my official medical & they see my blood results, they will know that I don't need a Varicella shot? I just spoke to my good friend who is a GP & she said to schedule an appointment with the nurse at my surgery who deals with all the vaccines etc as she will be able to see if I am missing anything. She also said that I should technically have MMR too & shouldn't need it again...

It doesn't matter what a UK GP thinks you need by UK immunization standards. You have to meet USA requirements to get a greencard. Example, varicella shot which isn't a UK standard.
For MMR, if you have record of two doses then fine. Otherwise get a second jab.
For varicella, they take your word for it so just tell them. (FYI -if you were speaking of the routine blood test given at the Knightsbridge exam as showing what you're immune to--No. That blood test tells if you have sexually transmitted diseases.)

May I also suggest you get out of this particular forum because it is for spouse visas and your fiancé visa requirements, forms, process are different. Discussing K1 things might confuse spouses, and you reading their posts might confuse you on your fiancé requirements. Try reading from the beginning of this thread London 2012 K1s and asking your further questions there for best help, after you've read the whole thread.
Nich-NickNot TellingUnited Kingdom2012-07-28 07:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresConfirm the immunisations I need

Hi Dean,
I was also going to phone my GP tomorrow & schedule the same thing. I also looked at the vaccine chart & thought "OMG do I need all these??" lol...my GP printed out my vaccine records with notes but his handwriting is appalling so I cannot differentiate what I have already & what I need...any medical stuff is just lost on me so I am guessing from Nick's reply that if we have been born in the UK & lived here all our lives (I'm 30) then we should be immunised against everything from childhood except the MMR & DTAP? I understand the Varicella & flu shot....thanks!

Leeds -- you are a K1 and the excuse that varicella shots are not available in the UK does not apply to you. K1 s only excuse for no varicella shot is having chickenpox. Also it doesn't matter that you did or didn't live in the UK for shot purposes . Most of the shots on the list are for babies and are not medically appropriate for an adult. So whether you did or didn't have them as a child doesn't matter really because they are not on the list for adults, which is all you need to worry about.
Nich-NickNot TellingUnited Kingdom2012-07-27 09:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresConfirm the immunisations I need

Hi,

Im going to the doctors tomorrow and I want to see which immunisations I've had and schedule any that I need. So, Ive looked at the list on this link (http://photos.state....accinechart.pdf) and could people please confirm if im right in stating the following.

I'm 29 and male from the UK.

I need to have had

Tdap
MMR



Varicella is also required, but if you've had chickenpox then you get a waiver for the shot. Also because you're CR1 in the UK and the shot is not available, you can get a waiver for that reason too.

Edited by Nich-Nick, 26 July 2012 - 01:59 PM.

Nich-NickNot TellingUnited Kingdom2012-07-26 13:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Income Tax Question

Just a quick question about my wife's I-864. She has her tax transcripts from 2009-10, but not from 2011 because she did not make enough as an independent to be required to file a tax return last year. The cut off is, I believe, $9,000 USD, and she made just under that because she was working part time while she finished University. (This was before we were married, so she was single and with no dependents.) She has her W-2 from last year, and can explain why she was exempt from filing. However, on section 25. the form asks you to check one of two boxes, the first stating that you have filed a return for each of the 3 most recent tax years. If she includes the W-2 and the explanation of the exemption in the packet, can she then tick that box even though that's not completely accurate? Does she need to file 2011 taxes anyway?

She has not filed the last 3 years, so she does NOT tick the box. She writes a statement stating she was not required to file 2011 income tax because she earned $1234.56 and the minimum earnings for a person filing as "Single" is $9,500. You can attach a photocopy of the W2 as further proof. She dies not need to file a return just to meet immigration requirements. But she has to explain exactly why she did not file.


And one last question, about section 24 on the I-864. My mother-in-law is my cosponsor, and as advised by people on this forum, she will fill out a separate I-864 from my wife, rather than attaching an I-864A to my wife's form. Should we not list mother-in-law as part of our household income then? My wife is abroad with me, and still doesn't have a job. So when she returns to America shortly, her mother will be supporting her financially until she finds work. So should we add her to the household size and include her income, or just leave her off of section 24 and put the household income as $0. (Though I work, I know that I can't count my income as I will not be able to transfer with this job when I emigrate).

If MIL is doing her own separate I-864, then no mention of her or her income goes on your wife's I-864. If wife doesn't list MIL, then no I-864A is filled out.

But, sections d. and e. ask you to check to confirm that you have submitted an I-864A for any persons listed on household income.

MIL is NOT going to be listed, so that question doesn't apply to your wife's form. Get it? Wife's household income is $0.

Your wife will NOT be added to the household size of MIL.

Edited by Nich-Nick, 30 July 2012 - 12:22 PM.

Nich-NickNot TellingUnited Kingdom2012-07-30 12:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAmerican to Marry South African Fiance in U.S.
It looks like you've done your homework and have all the pitfalls worked out. Sorry you didn't think people addressed your questions. Just to try a more straightforward answer to your #1 question.
QUOTE
1. Is this understanding correction? My fiance will not be allowed to return to the U.S. once married to me and leaves... until all immigration papers are approved for a marriage visa allowing her return to the U.S.

Your understanding is not correct. She can return to visit while waiting on immigration paperwork. There is no rule that states you can not visit the US once you apply for a visa. They do not have a record of who has applied for visas at the airport immigration stations. I asked this question to two different Customs and Border Protection officers...one at the national info line and one at the Houston airport.

You might want to look at the timeline statistics here on VJ if you haven't seen them yet. http://www.visajourney.com/timeline/
Look in the right column under Approximate Processing Dates for Common Forms: You will notice that fiance visas are currently processing about two months ahead of marriage visas, so if getting her to the US maybe two months faster is of interest to you, then you could consider a K1. If staying under the same roof during visits is out because of your religion, then I can see why you choose the slightly slower (statistically) marriage visa route.

Edited by Nich-Nick, 19 January 2009 - 08:09 AM.

Nich-NickNot TellingUnited Kingdom2009-01-19 08:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAmerican to Marry South African Fiance in U.S.
For her to enter on a tourist visa with the intent to marry already planned out and then not leave is considered fraud. If she marries and goes home, it's okay to marry on a tourist visa. If she says I'm coming to get married, they might not let her in because they won't believe she's not intending to stay.

She can visit during the K3 process. She just has to convince the officer at immigration that she is coming for a short visit and show strong ties to SA so they will believe she is going home. She can't stay long stays and go home a week and come back over and over. She can't spend more time in the US than in SA or they will get suspicious and not let her enter the country. She doesn't have to explain everything unless they ask.

It will also seem a little suspicious that you met for the first time and got married immediately when she interviews for the visa. A few visits back and forth might be a good thing before you jump off the deep end and marry. It sounds more real and not like a green card scam. She can apply for a fiance visa and maybe get to the US legally faster than on a marriage visa.

And if you move to a third country, how will you show a US income and domicile for the Affidavit of Support required to bring her to the US? Work out all those things before you move out of the US.

Have you read all the requirements listed on the Guides page found in the menu bar at the top of the page. Don't forget to look past the petition to what happens at her Embassy.

Edited by Nich-Nick, 18 January 2009 - 03:14 AM.

Nich-NickNot TellingUnited Kingdom2009-01-18 03:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisa Approval, port of entry

My Husband has been approved and just wants some info on when he reaches the port of entry at airport in the US. As the petitioner do I have to go Through with him as he has the sealed pack and its a conditional CR-1 or is he OK on his own. I cant find any info on this . I am a US Citizen and will be following him later as I am just waiting for the final stage of my youngest sons visa to be approved and I am in the uk.

He can't enter the US before you. It involves the domicile part of the I-864 as explained here http://london.usemba...4_domicile.html

This is the bit you need to know:

As the sponsor, will I have to travel to the United States ahead of my relative to establish residence?

No, it will not be necessary for you to travel to the United States ahead of your spouse/children. However, you will be required to furnish evidence confirming the steps taken to re-establish your residence in the United States, e.g., a letter of employment, rental agreement, purchase of property, a letter from an estate agent in the United Kingdom showing the valuation of your property. Note: Your relative may not enter the United States to take up residence prior to your return to the United States. He or she may travel with you, or follow to join you at a later date


Nich-NickNot TellingUnited Kingdom2012-08-02 14:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresImmunizations and Medical

Nonetheless, the embassy website says an immunization record is asked for but not required. The doctor will work with you to determine which shots you need. I also called Knightsbridge and the woman said a written note from my GP is fine.

That's good so it will be useful to hear how it goes for future reference. You know ...instructions vs actual experience at Knightsbridge.
Nich-NickNot TellingUnited Kingdom2012-08-09 07:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresImmunizations and Medical

She would be there to verify my vaccs. She knows what shots and the dates. The problem is I don't have a written record just my GP verifying that my childhood immunizations are up to date.


Suit yourself then since you've got it figured out. Not sure why you asked.


Just so you know, I don't dream up answers. I study the documents and try to give very correct information. I got this information from the official Technical Instructions for Panel Physicians for Vaccinations, specifically this paragraph:

Vaccination Documentation
Acceptable vaccination documentation must come from a vaccination record, either a personal vaccination record or a copy of a medical chart with entries made by a physician or other appropriate medical personnel. Only those records of doses of vaccines that include the dates of receipt (month, day, and year) are acceptable. The document must not appear to have been altered, and dates of vaccinations should seem reasonable. Self-reported doses of vaccines without written documentation are not acceptable

.
If you want to learn about the entire medical exam, start reading here http://www.cdc.gov/i...physicians.html and click each link for the details on the various sub-parts.

Best of luck to you and let us know how it goes. It will be interesting to see if Knightsbridge will forego their instructions in favor of what your Mum reports.
Nich-NickNot TellingUnited Kingdom2012-08-09 00:22:00
IR-1 / CR-1 Spouse Visa Process & ProceduresImmunizations and Medical

Is the written note from my GP sufficient enough for the medical?

No, the note that you are up to date holds no water. They need the specific shot and date given.


He also said I don't need a tetanus shot as the last shot I had was in 1991 and it is not common practice in the UK anymore to do tetanus every ten years.

That might work if you were immigrating to the UK. You have to meet the US standards so it doesn't matter what your UK GP says because you are moving to the US which has different reccommendations.


And do I still need the tetanus shot?

Yes...more specifically its the combination of diptheria, tetanus, and pertussis OR tetanus/diptheria if you have a recorded date of pertussis as a child.

Adults need

Td or Tdap (if DT, DTP or DTaP shown: okay to accept); (no longer than 10 yrs ago)
MMR (if born in 1957 or later); 2 doses but one can be waived if 4 weeks hasn't passed since dose #1 on the date of medical exam
Varicella; chicken pox disease gets you a waiver or since you're CR1 lack of availability in the UK gets waiver.
Influenza (during flu season only, October 1 through March 31)

Edited by Nich-Nick, 08 August 2012 - 04:48 PM.

Nich-NickNot TellingUnited Kingdom2012-08-08 16:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffidavit of Support : Form 864 or 864EZ

Thanks!
BTW you got some nice numbers right there:- $8,684.20. :)

I kept a spreadsheet of every expense related to immigration as we went along, except flights to/from the UK. We had no legal fees, but it includes application fees, travel to London twice, hotel in London once, shipping items and insurance (big expense), mailing, medical exam, police certificate, etc. It's probably a little high because of converting to $$$ which was almost 2 dollars to the pound for the k1, embassy, and shipping timeframe. But things were converted at the time of the expense for my spreadsheet. Nice to be done.
Nich-NickNot TellingUnited Kingdom2012-08-09 22:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffidavit of Support : Form 864 or 864EZ

Line 19 on 864EZ "Federal Income Tax Information" says "adjusted gross income on IRS form 1040EZ": Since I file 1040, does that make me "ineligible" to use for I-864EZ?Thanks!


Income tax forms are a bit different, so that statement is telling you where to look (which line) on your tax return. For a 1040 filer, get the number from the line called TOTAL INCOME. Same for a 1040A filer. Then they add in parentheses that if you happened to file 1040EZ, you will report the number from the line called ADJUSTED GROSS INCOME because there is no line called "total income" on a 1040EZ.

You can use the I-864EZ regardless of which income tax form you filed. There are some instructions that go with the form which addresses the tax return. http://www.uscis.gov...-864ezinstr.pdf Page 5, left column.

Edited by Nich-Nick, 09 August 2012 - 08:21 PM.

Nich-NickNot TellingUnited Kingdom2012-08-09 20:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion about the CD

cheers for that,
is that to show i have no TB or what have ya?

The CD is actually of no further use for immigration. The option would be to throw it out or pass it on to you. Knightsbridge isn't keeping any of your records because they aren't your family doctor. They contract to the embassy so pass everything about you to them. Your X-ray was read and documented by a medical doctor and written on the report. The border guys at the airport aren't doctors and won't be reviewing a X-ray. If they needed to know something they would read the report which will be in that sealed envelope you hand over. Use it for a coaster or save it for your medical records. It's your souvenir.

also do you know what the procedure is once i book my flights and leave,
i dont have to use the ESTA do i?
and also what is it like going through customs,

Look at the top of this page in the lighter blue menu bar. Click on POE and find your arrival airport (first landing in USA). Read the reviews of what experiences people have reported.
Nich-NickNot TellingUnited Kingdom2012-08-16 07:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresApproval Cr1

so am i a worrie wort,
and should just relax?

Thanks
Oliver

No just switch your worries to when will the visa get delivered like everybody else does. I'll guess it's Monday. :lol:
Nich-NickNot TellingUnited Kingdom2012-08-16 20:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresApproval Cr1

Just a quickie,

When the interview officer says that your visa has been approved,
is he suposed to give you anytype of paper work? or just head over to the DX
Desk? as which i did, but now come to think about it, im starting to worrie
that iv done something wrong, i feel as if i should have been giving something
besides the CD....
Any Advice?

That's all that happens. You only get another paper if they can't approve that day. It will say what is lacking that needs to be sent in before they can approve you.
Nich-NickNot TellingUnited Kingdom2012-08-16 18:55:00