ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresAmerican Citizen married to British Citizen in the Middle East

I was informed that adjustment of status is illegal if he does it within the US...I am completely overwhelmed at this time!


It's about intent. Planning in advance, packing up all your belongings, and entering the US as a tourist with the intention of not leaving is considered fraudulent. It's using a tourist entry/visa waiver with the intention to immigrate, not just go to Disneyland or visit grandma and leave before 90 days. People do adjust status from visa waiver when they have a "sudden change of plans" they weren't planning in advance. If it should be denied for some reason, there is no appeal because it was from VWP. While waiting on a decision he would get in that overstay area where his 90 days was up but he hadn't been approved yet. He should not work or leave the US for the number of months it would take for his application to be approved or denied. If you want to do the strictly up and up path to lawful immigration, then the CR1 is for you. If you have a high risk tolerance, the adjusting from VWP could work out nicely.

Your other questions--The first part of the process is you filing a petition and awaiting months for approval, second part is processing at the National Visa Center (NVC), third part is interview at an embassy. He would need to be in the country of the embassy where you indicate on your initial petition you will be processing abroad. That's where the file will go after NVC. You'll need to study timelines and figure out if you will be in the UK around that time or the middle east or if it matters to you.

Edited by Nich-Nick, 13 November 2011 - 02:31 PM.

Nich-NickNot TellingUnited Kingdom2011-11-13 14:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAmerican Citizen married to British Citizen in the Middle East

Who can I talk to that can dumb it down for me?

I need Immigration for Dummies!

Help, please!


Daughter: You will file a form at the US embassy in London reporting a birth abroad. That will give her a document that can be used like a US birth certificate for getting her a US passport, and any other time later in her life that requires a US birth certificate. She will not need a visa to move to the US because she will travel on an American passport.

Husband: Will get an IR1 visa because you have been married over 2 years. That gives him a 10 year greencard upon entry into the US. (Less than a 2 year marriage is a CR1 visa, C meaning conditional, and a 2 year greencard.) Because his visa is a true immigrant visa (unlike a fiance visa K1), he will be eligible to work as soon as he is admitted to the US on his visa. His social security card and greencard are supposed to be mailed to his US address within weeks.

He can work or do whatever he does now abroad until he enters the US. Once he is a greencard holder (official name LPR), he is expected to live in the US. Trips abroad for less than 6 months are generally no problem. Longer stays away get complicated with re-entry paperwork required and risk of being considered as abandoning his LPR status. [It's complicated and this is a short dumbed down summary.] He can apply for US citizenship three years after becoming a LPR. (Time spent out of the US stops the clock while away, so maybe more than 3 calendar years in your case.) Once he becomes a US citizen he can come and go freely with no time restrictions.

His visa medical and interview will be at the US embassy closest to where you live, even if that is in a country other than the UK. I can't speak with any experience for embassies other than London, but I know if he went through London his visa would likely take longer to receive than average. That would be because of extra security checks (called AP additional processing) London would require because of the many years spent living in the middle east. I don't know if people interviewing at a middle eastern consulate experience extra processing time before the visa is issued or not. I've never studied their timelines.

You will have to prepare an I-864 Affidavit of Support showing you can support a family of three. Normally this would be with evidence of your US tax returns and US job income proof. Since you don't have a US job, your husband will need a joint sponsor like your dad. You will still need evidence of filing your US tax returns, which is required of all US citizens, even those living abroad. If you haven't kept up with that, you could get that started now.

Resources on Visa Journey: Up at the top are some menu links. "Guides" will get you to a page on how to get through the process as a married person going the IR1/CR1 route. "Reviews Embassy" will give you an idea of what people experienced at their interviews at the various consulates. "Embassy Info" will give you a summary of information about the embassy where he will interview.
Nich-NickNot TellingUnited Kingdom2011-11-13 08:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTotal medical costs???

OOOH so this site is interesting, on the information about this on the Us Embassy site they list the whole £210 cost and dont include the blood test and x ray. See what i mean they are all different, confusing or what!


Everything is included for £210 unless you choose to get immunizations there.

Flu shots were made mandatory in November 2010 for EVERYONE age 6 months or older for exams during flu season Oct 1 - Mar 31. If it's not flu season you get a waiver and are excused from the flu shot. Positive.
Nich-NickNot TellingUnited Kingdom2011-11-14 16:08:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview to Visa received London

So we just received our interview date which will be friday the 18th of November. We are super excited but are just wondering whether anyone has any information or experience on the time period between the interview and receiving the visa in the post, (we heard the London embassy does not process the visa the same day). Thanksgiving falls on November 24th and obviously we would love to be together for it, but are not sure whether this is a realistic goal, Any thoughts?


In a perfect world, they would print the visa on Monday and maybe you would get it Wednesday. Thanksgiving, they say is the busiest travel day for airlines so they book up early. If you book now, realistically you may not make it. Beg to get the interview moved up.

Edit: I notice you don't have the medical scheduled. Get the earliest date possible. Then in your begging email tell them your medical will be [date] and you will be ready for interview.

Edited by Nich-Nick, 02 October 2011 - 11:19 AM.

Nich-NickNot TellingUnited Kingdom2011-10-02 11:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHelp! Not Approved!

Faxed them to him last night in hope that we can get it all to the courier today!

My confusion now is how does he pay the courier to get his passport and such back to him? They told him he doesn't need to go back to the embassy for anything because everything else looks "perfect". If anyone has done this before can you give me some advice? Thanks everyone, we really appreciate it!


You need the I-864 from the joint sponsor with his original ink signature---not a faxed copy.

Here's the info on the courier. They come collect the items from him. http://www.thedx.co....rt-collections/
Nich-NickNot TellingUnited Kingdom2011-11-26 13:08:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHelp! Not Approved!

She makes $27,168, 4 in household including my husband. She is not self employed. There are a large amount of assets as well. Owning rental properties and such.


First off I wouldn't call the embassy except to get the email code to actually ask any questions of an officer. The people that answer the phone won't be able to answer your questions.

The sponsor falls short on income because $27,937 is needed. Perhaps the assets were not considered readily convertible to cash (like selling the rent houses). Perhaps assets were not proven (like an official and recent appraisal of the rent houses). If there were cash assets like large savings accounts, perhaps those weren't proven. Without seeing every number and document you provided, then it's hard to guess. If you can organize an email to the embassy and tell them you can't get another joint sponsor and need to know if there is a way you can further prove the current sponsor qualifies. Detail the reasons why you think your sponsor qualifies and give all the figures and documents you provided to support the claim, then perhaps an officer will give you more information.

If you get a different joint sponsor, they have to qualify on their own, not in combination with your current one unless they live in the same house (with each other) and are related. Household members can combine incomes.
Nich-NickNot TellingUnited Kingdom2011-11-25 12:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview - 221g form!
Yes, they won't use a washed passport. Same thing happened to Rob and Jill (Scotand). That's all you need. If you can get a new passport today, then schedule the courier (by 6pm today) for Monday. How to schedule courier: http://www.thedx.co....rt-collections/

The Mexico grilling is about homeland security. Your DS-157 can trigger questions or additional processing if you've spent time in certain countries. Mexico has some drug cartels getting pretty violent along the border with the US, so I guess Mexico may be on "the list" like middle eastern countries due to security issues so they wanted to know where you were and why a British girl was in Mexico for so long.
Nich-NickNot TellingUnited Kingdom2011-12-02 07:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSpouse Visa and Cosular Processeing

Nasty and uncalled for and I still believe David is correct. Hooray for you, you found a loophole in the law. The intent of VWP is to increase tourism not to make it easier for people to circumvent the system.


Diane, with all respect, the situation you have in your head is where a foreigner enters the US on VWP with the intent to skip the immigrant visa. They enter as a tourist and jump straight to Adjustment of Status (greencard). If the AOS is denied, then there is no greencard appeal because VWP entry waives the right of appeal. Jennifer's fiance is not going to seek a greencard from the US via Adjustment of Status. He's going to wait it out in the UK for a CR1 like David did. They have to marry first, so are going to marry in the US then he goes home and waits for his CR1 visa.

London website says:

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 Kingdom2011-12-05 11:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSpouse Visa and Cosular Processeing

We were looking through the link you sent in more detail tonight (thanks again!) and I was wondering, once the I-130 is approved, when do we send the required documents to the NVC? Does the NVC notify you when they require the documents? Can we send photocopies, certified copies, or do they have to be originals?


You addressed this question to me, but I'm a K1 person so don't know all the CR1 and NVC tricks. Go with what RyanH said above. I know the London Embassy well, but not NVC.
Nich-NickNot TellingUnited Kingdom2011-12-05 07:08:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSpouse Visa and Cosular Processeing

You can legally get married under the VWP if it is spontaneous. For example if you came here met someone and decided to go to Vegas. If you enter the US on the VWP with the intention of getting married you are breaking the law. That is why there is the Fiancee visa.


No, no, no. It is not illegal. It does not have to be spontaneous. Read this link to London FAQs http://london.usemba...proc.html#iv036

Entering as a tourist for the purpose of immigrating (meaning not going home before 90 days) is fraud. Her fiance plans to go home and immigrate after he gets a proper CR1 visa.
Nich-NickNot TellingUnited Kingdom2011-12-04 19:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSpouse Visa and Cosular Processeing

Is this the correct process if we marry in California under the VWP and upon my boyrfiend's return to the UK, file the I-130? Hoping I'm getting this correct!


Here's little more info for you--

List of documents he will require once your I-130 is approved.(Scroll down to "Document Checklist") He can look over the list while waiting on approval so he can get those in hand. In your case, they will go to the NVC. http://london.usemba..._documents.html

Here's the medical info. http://london.usemba...xamination.html Also see link over in right column of that page. He can schedule as soon as NVC gives him a LND case number, but he will need to take his police report to it (or a photocopy.)

And a link from the US Embassy London--FAQ addressing if you can marry in the US on visa waiver. http://london.usemba...proc.html#iv036
Nich-NickNot TellingUnited Kingdom2011-12-04 17:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSpouse Visa and Cosular Processeing
There's some good step by step information if you will look at the "Guides" tab at the top of the page. The CR1 spouse visa is a good choice because he enters the US with that visa and becames a permanent resident immediately.

You will need to figure out what is required to marry in the UK. There's a marriage visa you have to obtain. http://www.ukba.home...ng/marriage-cp/ and maybe the giving notice 15 days http://www.direct.go...ships/DG_175717

Or he can come to SoCal on VWP, marry you, then go back to the UK. That's another option for you.

Edited by Nich-Nick, 04 December 2011 - 08:27 AM.

Nich-NickNot TellingUnited Kingdom2011-12-04 08:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCourier questions - London

I got a 221g for damaged passport (washed - doh!) - does anyone know roughly how long is normal for courier to collect and then return the passport with visa in? Tomorrow I'm going to book a delivery time hopefully for sometime this week.

Or is it possible to go in and drop it off in person?


Lost me... :wacko:

You're going to book a collection, not delivery. Do you still have that DX link I gave you a few days ago? They should be able to come an collect your passport the next day after you notify them to come get it. It's up to London to get around to doing your visa and then hand it over to DX to take back to you.

London will not accept hand delivery. DX is their trusted contracted courier. It's about security. You might be handing in a passport bomb.
Nich-NickNot TellingUnited Kingdom2011-12-04 17:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPOE - flight via Toronto
Remember besides Immigration, you have to get your bags, clear customs, then re-check the luggage for your onward journey. And being December there's always potential for weather delays. I sat on a plane at Newark for two hours with the arrival gate just 50 yards away, but it was so icy they couldn't safely pull up to it, so we waited for a tow vehicle to ease it to the gate.
Nich-NickNot TellingUnited Kingdom2011-12-09 16:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresGot London Interview / Financial Question

When we filed back in May, we submitted transcript for year end 2010. Will we have to get end of year 2011 transcript? Or am i reading the question wrong, I dont quite understand ? My co sponser forgot to make a copy of her 2010 transcript (she is the main sponser), I have a copy of my husbands. Would it be a huge problem if i didnt have it. And will there be enough time to get a transcript for 2012 if i need it?

Sorry for all the questions but i just need to be sure i have everything right i am starting to have OCD around paperwprk ... lol which issnt a bad thing really :)) Thanks for any replys



2010 is the most recent tax return. 2011 hasn't even ended yet. (US tax year is Jan 1 - Dec 31.) The filing deadline is April 15, 2012. If your interview is before April 15, then you are not required to have a 2011 tax return.
Nich-NickNot TellingUnited Kingdom2011-12-12 23:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresBank Accounts
Are you going to file a fiance petition or spousal petition? You said "my fiance" but are posting in the married forum.
Nich-NickNot TellingUnited Kingdom2011-12-23 16:31:00
IR-1 / CR-1 Spouse Visa Process & Proceduresdr appointments
You've gotten answers from other countries that aren't true for a medical in London. Try NHS for free shots at any time. They don't have to do them free since it's for immigration, but many will. If you know your London case number (LNDxxxxxxx assigned at NVC) that's all Knightsbridge clinic will need to schedule an appointment. You don't have to have an interview letter. They do like to see the police report, so hope you didn't mail your only copy off to NVC. A photocopy is fine.

This is the information about Knightsbridge. The medical questionnaire to fill out before the appointment is on the last page.
http://photos.state....ical_letter.pdf

Try posting in the UK Forum for London specific answers. Embassy and medical exam procedures are different depending on the country.
Nich-NickNot TellingUnited Kingdom2011-12-31 11:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHelp pre interview!

ok thanks we're just both looking for any advice anyone can give us


An overstay shouldn't affect your immigrant visa. It affects VWP as you know, but not the CR1 visa. Just make sure you have all the documents you need for the interview. Most of your documents are probably in your file from NVC, but if you sent photocopies to NVC then take the originals. Go over the affidavit of support documents (I-864) carefully to make sure you have those exactly following the instructions. NVC has accepted those but the embassy has found fault. Example: There was a co-sponsor but no proof they were US citizens, ie photocopy of US birth certificate or US passport.

Other holdups have been:
  • the UK birth certificate wasn't the "long form" listing your parent's names
  • the UK passport didn't have 6-8 months remaining before expiration
  • The UK passport went through the washing machine and they made them get a new one.

Go over the document checklist to make sure everything has been sent to NVC or is in hand to take to the interview http://london.usemba..._documents.html

Edited by Nich-Nick, 29 December 2011 - 09:28 PM.

Nich-NickNot TellingUnited Kingdom2011-12-29 21:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresApplication Names - Name Change & Passport

I'm filling out the I-130 and other supporting documents for my husband and step-daughters. After we got married, my husband (a UK citizen) legally changed his name through deed poll (d-poll) from Thompson to Morris-Thompson. The girls have their passports in the new hyphenated last name. My husband does not yet have that. His name was legally changed to Morris-Thompson in Great Britain.

I've looked in the forums but am not sure if I should use his name on the passport (Thompson) or his d-poll changed name of Morris-Thompson.

Does anyone have any thoughts or suggestions??


My opinion is use his legal name Morris-Thompson which I'm guessing is the name he wants on his greencard and his future US bank account, driver's license, SSN, etc. List "John Thompson" under "other names used" on forms that ask. The deed poll will explain the descrepancies between that name and his other documents.

It's no different from a woman who marries and takes he husband's last name. Her birth certificate and passport are under her maiden name but she wants to go forward with her married name so that's what goes on the applications.
Nich-NickNot TellingUnited Kingdom2012-01-09 12:35:00
IR-1 / CR-1 Spouse Visa Process & Proceduresi-864 question...again
It doesn't say anywhere that his tax return has to be over the threshhold. He has to supply a tax return, but if his current income is more than is shown on his tax return, then he can prove his current income with other evidence like pay stubs and employer letter.
Nich-NickNot TellingUnited Kingdom2012-01-27 17:08:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUSC to visit spouse while I-130 is being processed?

Thank you both for your answers, can't wait to go see him!

Glad I should be alright to go there and I'll be sure to bring my marriage certificate just in case, and some info showing I am definitely returning home :)

Thanks again


When I visited and UK immigration said "what is the purpose of your trip?" I said "I'm on holiday." You are going on holiday (vacation) aren't you? You don't have to tell your whole life story and the name change saga and shove papers in their face when they ask that standard question.

The airlines, US immigration, and UK immigration will not know anything you have done at the Social Security office. They are interested in your passport and if it matches the ticket. For the record, the UK beneficiary can visit the US during the process. Only a few have difficulty and it's usually because they came too often and stayed too long.
Nich-NickNot TellingUnited Kingdom2012-01-28 10:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIn need of help!

Thank you so much! I was hoping thats what had happend but i didnt want to asume anything!


Here's a link for embassy processing (rather than NVC) to give you an idea of the steps. It's what DCF filers in London follow. http://london.usemba...gov/ds2001.html

If you ask for your LNDxxxxxxxxx number from NVC, you can make your medical appointment. Knightsbridge clinic normally request that number when you call for an appointment.
Nich-NickNot TellingUnited Kingdom2012-01-25 09:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSanity Check needed on visa application for non-US spouse

BTW.. is it possible to have two sponsors? I.e. our neighbour in the USA as a joint sponsor, and her father/mother in the USA that she's living with? (As well as herself, so I suppose that's three sponsors technically).


Couple of options

A.
  • Wife is the #1 sponsor even with little or no income. (fills out I-864)
  • One person who makes the full $$ requirement is joint sponsor. Can be Neighbor or father or mother. (fills out I-864)
  • Joint sponsor's family size + 1 (immigrant) determines their reqired $$.
  • Joint sponsor proves his income by itself is enough. (His W2 or employer letter)

B.
  • Wife is the #1 sponsor even with little or no income. (fills out I-864)
  • Wife lives in same house with father who agrees to help.
  • Wife adds father's income to her I-864 as a household member to reach the $$ reqirement together.
  • Father signs sworn agreement offering his income/support. (fills out I-864A)

C. (similar to A)
  • Wife is the #1 sponsor even with little or no income. (fills out I-864)
  • Joint sponsor can't meet total $$ without his spouse's income. They have joint tax return and have joint assets.
  • Dad or neighbor adds his spouse's salary to his under household member's income to reach the $$ requirement together. (fills out I-864)
  • The spouse signs sworn agreement offering her income/support. (fills out I-864A)

Confused yet? :wacko:

Edited by Nich-Nick, 12 January 2012 - 11:02 AM.

Nich-NickNot TellingUnited Kingdom2012-01-12 11:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSanity Check needed on visa application for non-US spouse

However, I am still very baffled by the whole 'two copies' thing. What EXACTLY does that mean in REALLY basic terms, as I've probably over analysed it like I tend to do with exam questions. So yes please... what EXACTLY does it mean lol. Thanks for me going nuts on this!


Here's what I do when I have a submission ready to go in the envelope for mailing--

I go through it page by page and photocopy the entire thing starting with the check. Then I have a "clone" of what USCIS will receive. I bind it together in a folder and put it in the file cabinet. The originals and bits and pieces used to make up the submission go elsewhere. Then if you get an RFE for more information, you have your clone to know what you sent vs your memory. Also useful when you start reading forums and problems and wonder if you also forgot to sign that page or tick that box---your clone will answer the question. And in the event the mail got totally lost and you find out your submission is nowhere to be found, you can assembly another using your clone for guidance.

I only make one photocopy. If your wife/petitioner keeps one and you want your own in the UK to pull out, then have her make two. You won't need the clone for anything more than reference when you start second guessing if you did it right...meaning you won't have to show it at your interview or POE. I sometimes think the copy for a non-English speaking fiance who has only spent two weeks in person with their USC might find it useful as a study guide for the interview. Then they can memorize what their USCs middle name is, his parent's names, where he works, how they met, etc. London doesn't give a difficult interview so I don't think you need to worry about memorizing answers.

Edited by Nich-Nick, 12 January 2012 - 09:05 AM.

Nich-NickNot TellingUnited Kingdom2012-01-12 09:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSanity Check needed on visa application for non-US spouse

So it's OK for her to apply with DCF in the UK, as long as A) It's posted here B) She has residency ? Bear in mind that she is in the USA a present even though she has Indefinate Leave to Remain here, so any address on the paperwork would show here being in the USA.


Well, maybe if she considers her permanent address in the UK with you, where she has lived for a long time and she is only visiting in the US staying with her parents while she tries to make plans for a relocation. So her paperwork would show her permanent address in the UK with you. I dunno...just thinking out loud here
Nich-NickNot TellingUnited Kingdom2011-12-05 17:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSanity Check needed on visa application for non-US spouse

My wife would still be considered resident in the UK as she has ILR (Indefinate Leave to Remain). Are you saying that she could do a direct consular filing? The only issue would be if she were needed to go to the embassy however, as we can't really leave our two dogs unattended. Also, I'm not really looking to give them any reason to turn us down as such (but I'm interested in none-the-less in a quicker option). Also, my wife was originally told that as we got married in America, she would have to file there instead of here, hence why she moved (a costly mistake?).


Here's the London DCF instructions http://london.usemba...i130filing.html

Difference is
  • I-130 is mailed to USCIS office within the embassy in London. They are currently approving petitions from Sept.
  • Instead of transfer to NVC, the transfer is to the Immigrant visa Unit in London.
  • You file forms with the IV Unit http://london.usemba.../ivprocess.html and get a medical exam.
  • London IV unit gives you an interview date
  • You bring documents to the interview (instead of mailing to NVC like the other IR1/CR1s do). http://london.usemba..._documents.html

In a way, once your I-130 is approved, the process is similar to a K1 visa because you aren't dealing with a couple of months at NVC. Your forms are different, but the process of mailing application to the IV unit, waiting on London to notify you of appointment, then taking your documents to the interview is the same.
Nich-NickNot TellingUnited Kingdom2011-12-05 06:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSanity Check needed on visa application for non-US spouse

Doesn't appear to be a sub-forum for the IR-1/CR-1's? Should I continue to use this K3 section?



Here's your forum fir IR1/CR1 http://www.visajourn...ess-procedures/
Nich-NickNot TellingUnited Kingdom2011-12-04 21:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling taxes as married

Thanks Nich Nick for this info. I guess this means that you do not have to actually buy the software from the store to be able to access this information.
From your explnantion, this information can also be accessible from the online version of turbo tax.

pls correct me if i am wrong, because i have been under the impresssion that you have to actually buy it from the store to access that feature to enter the foreign spouse information.


For 2010 taxes when I wrote these steps, I had tried it in both installed (Basic $29.99 version) and online free version. I haven't tried foreign income at all for 2011 versions so don't even know if the questions are structured the same as above. 2010 was totally different from 2009 version so I can't say what's written above even fits TurboTax's 2011 program design.

With that said, I greatly prefer the $29 installed version. It is easier for me to navigate. I found online fiddly and more limited. Installed you can save your work as a new filename, then try for example "married filing separately" by changing up the filing status or deleting something without starting from scratch entering everything from the beginning. You are modifying the original by calling it a "save as" name. Then you have two versions you can open easily. You haven't messed up your original work because it's saved and you're working in file (example) "SmithTaxes-Filing Separate" or any name you want to call your try-it-outs.


**Slightly off topic**
There is a brand new requirement for 2011 from the IRS called Form 8938 Foreign Account Tax Compliance Act (FATCA) which has nothing to do with your foreign earned income but may be needed by those who are older and have pension plans or investments in a foreign country whose values exceed $100,000 is USD (filing jointly). It's aimed at those that hide money in offshore accounts, but does include my husband's UK pension fund as best I can determine. It's again just reporting it, even if he isn't old enough to draw payments from it yet. So a head's up to anybody reading this who worked at a job many years and has a pension fund sitting in your home country.
Nich-NickNot TellingUnited Kingdom2012-02-06 13:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling taxes as married

Nich-Nick

Thank your for this great Info! How about State Taxes? I'm in California, do I also mail them copies of these forms except 1040 but I'll include 540? What di you do? Thank you.

I've never filed state income taxes so don't have an answer. Texas doesn't have a state income tax.


Only problem is, she has no paperwork at all about her income - she just knows how much she made per month and for how many months. We have no way of getting that documentation. Is this a problem? Should we mention it in the statement about electing to be treated as a taxpayer?

It is not a problem. IRS doesn't ask for documentation to be sent in. We had none. It was an estimate based on monthly earnings times months worked. The statement isn't a cover letter to explain things. No don't mention it in the statement. Make some notes for how you came up with the number and the exchange rate you used. Save those in your records so you remember how you came up with the number on the off-chance you would be chosen for a random audit.
Nich-NickNot TellingUnited Kingdom2012-02-06 09:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling taxes as married
I didn't realize this thread was still going.

Here's how to navigate foreign income in Turbotax.It is found under "Less Common Income." Remember this is also for Americans who worked abroad for an American or foreign company so don't let the multi-use form confuse you.

How was the income reported to you? Statement from foreign employer
Value of employer paid goods...home, car, etc Skip all that
Was _____ a US citizen? No
Was ____ a resident alien while working outside the US? Tick YES, because to the IRS, you are a resident alien for the whole of 2010 because of the statement you wrote electing to be treated that way.
Income tax treaty? YES (you'd have to look that up, but NO won't allow the exemption)
Ways to qualify for the foreign income exclusion? Bonafide resident
Date started living in foreign country? Probably date of your birth
Date stopped living there? Entry to US date if already here.
Skip everything trying to determine if you get to exclude your foreign home. That's for Americans assigned overseas. The rest is fairly self explanatory. Be sure to enter your foreign address and employer when asked.
Does ___ have an employment contract? NO (for Americans abroad)
Type of visa? Don't tick any of the four. You don't have a visa TO the the foreign country in this question
Does your visa limit the time you can work outside US? Tick nothing or unlimited works.

That should get you through TurboTax. Some questions are self explanatory. Proceed to finish the return and mail it to the place of filing for your location along with the statement you wrote. Make sure line 21 of the 1040 has a negative number showing your foreign income was taken off. Next year with a greencard and no foreign income, it's like any USC couple filing.

If you don't have a SSN, the I posted earlier about mailing to Austin to get the ITIN.
Nich-NickNot TellingUnited Kingdom2011-03-07 20:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling taxes as married

That sounds easy enough. lol. You dont think that will red flag me.


Don't know if it will kick it out of meeting e-file standards. I don't think the IRS would be particularly bothered. Try to carry on to the end and see or put in 000-00-0000.
Nich-NickNot TellingUnited Kingdom2011-01-31 16:29:00
K-1 Fiance(e) Visa Case Filing and Progress Reportsspoke to a good source ad bad news DENIAL ON ITS WAY
I hate even commenting here because of all the negative energy you insist on creating over and over in posts. You are working so hard to defeat yourself, even telling someone at the embassy your details to further insure everybody knows you shouldn't get a visa instead of letting the officer figure it out.

Here's a positive London interview http://www.visajourn...d/#entry4764008

My fiance went to his interview today in London and we were convinced he would be denied. We've been preparing for it for 2 months since we learned he had a crime of moral turpitude on his record from 17 years ago. We've almost finished preparing the 601 waiver and I was making plans to visit him in August. So he calls me this morning and says "I'm sorry darling, you won't be spending this winter in Wales. I'l be with you in America!" We were both crying by that time and I still can't believe its true!

Apparently the crime was moral turpitude, but of a minor nature and they allow you one conviction. We knew about this exception, but thought the other three offences (all minor traffic violations) that all happened at the same time 17 years ago would negate the forgiveness clause. Apparently not! The CO said "you're approved" and Graeme was in shock. She had to keep telling him he could come to the US without a problem. The whole thing is so surreal and still hasn't completely sunk in yet.

For all of you who are still waiting, don't give up and good luck!!!








Nich-NickNot TellingUnited Kingdom2013-08-15 08:17:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsAdmin Processing -> "Issued" -> "Ready"?

Good Morning everyone,
 
I was wondering does the "Ready" status on the CEAC website mean the visa is ready for pick-up? I have already had the visa interview on the 2nd August and stll not received my documents. Does the procedure go as follows? 
"Admin Processing" -> "Issued" -> "Ready"
 
I'm so confused and worried.
 
Thankyou







Ready can mean a lot of things as well as different things depending on the visa. ISSUED is the only thing that means you were approved and you can start looking for the visa to arrive.

I asked you a question at the end of a similar thread you started You never answered my question. End of this thread http://www.visajourn...k/#entry6447292



Nich-NickNot TellingUnited Kingdom2013-08-17 11:23:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsVisa In Hand!
Thanks for the kind words. Happy for you. Safe travels.
Nich-NickNot TellingUnited Kingdom2013-08-20 07:55:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsNoa2 times for TSC

So we got our noa2 on July 29th and we are going through the TSC and yes it is the tsc from start we havnt been transferred.

Well anyway I've been seeing applications being accepted in just 6 weeks through the TSC which is very short just over a month. Is anyone able to confirm this that's gone through TSC start to finish.


According to the Igor's list sorting tool on VJ, there are 5 who filed in July approved in August and 52 still waiting! So not exactly a trend.

There are 6 who filed in June and approved August and 32 still waiting.



Nich-NickNot TellingUnited Kingdom2013-08-26 08:58:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsApproved K1 sent direct to Consulate from Texas Service Centre

 You know I am convinced? I'm convinced of nothing - I have no idea what is going on with this process and it is stressing my out hugely. I am trying to make sense of what has happened to my case (sent apparently directly to the consulate, being told to go online and pay the MRV and courier fee etc.).
 
No-one at the help-line seems to be able to tell me anything and the relevant section at the embassy don't accept phone calls.
 
You say that "DCF London applicants do not get a new case number". Does that suggest I can arrange my medical based on my original case number?



Okay sorry for saying convinced. You seem to refute the experienced help that has been offered and maybe that is my impression that you still think you are going to get an interview assigned any day now because you paid the fee. I didn't want to keep sawing on that or force you to believe, but only explain what that thing you called a new procedure means in terms of "processing".


The standard procedure is to WAIT for instruction by letter to the beneficiary from London when they are ready to process your case. You don't really need to call anybody. If you want to know that instruction before you get your letter, the link was given to you by Lost at Sea in post #13 of this thread. It lays out the order they expect you to do things---
Step One- mail in your forms
Step Two- gather your documents and let them know when you have everything
Step Three- book a medical

If you want to jump out of order and attend a medical before the IV Unit has acknowledged they are ready to process your case, or pay the fee prior to being notified of an interview, then it may get confusing or bits and pieces misplaced. They have a plan that works for them. Anything else may or may not work out smoothly for you. London will not send you instructions the day the mail arrives with your file. It takes them awhile to notify you that they are ready for you to proceed.

"Ready" on CEAC search may only mean the electronic file was submitted. It is a generic update for the whole world and is not real specific. It doesn't not necessarily mean London has your paper file and is ready for you.

Edited by Nich-Nick, 28 August 2013 - 08:32 AM.











Nich-NickNot TellingUnited Kingdom2013-08-28 08:27:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsApproved K1 sent direct to Consulate from Texas Service Centre


 

I just spoke with the embassy and was advised that now I have made payment they will email me shortly with an interview date. It does appear from the website that processes changed last month (see below)

There are THREE steps involved in applying for an immigrant visa:

Step 1:  Filing an immigrant visa petition with the U.S. Citizenship and Immigration Services.

Step 2:  The processing of the immigrant visa either by the National Visa Center in New Hampshire or the Immigrant Visa Unit at the Embassy in London.

Step 3:  The immigrant visa interview and medical examination.    

I'm explaining this for others that may be reading, because I know you are convinced you will get yours done a different way. The quoted statement above is not new. It has always been that way.

Spouse visas (IR1/CR1) are "processed" at NVC, meaning forms, documents, and affidavit of support are mailed to NVC. it is basically including all needed for the greencard that will be issued as soon as they arrive in the US. They process at NVC for a couple of months before they are given "case complete". Their interview date is assigned by NVC, not the embassy.

K1s and spouses filing DCF are "processed" at the embassy Immigrant Visa Unit, meaning forms are mailed to London and not NVC. The K1 will adjust status in the US for their greencard paperwork. No K1 processing as such happens at NVC except for a 3 day pass through to get a Dept of State case number and be packaged up to ship out to the consulate. DCF London applicants do not get a new case number because their case never passes through NVC. It is only passed from London USCIS to London IV Unit.

Edited by Nich-Nick, 28 August 2013 - 06:51 AM.





Nich-NickNot TellingUnited Kingdom2013-08-28 06:48:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsApproved K1 sent direct to Consulate from Texas Service Centre
When USCIS approves a petition, they are finished with you until AOS. They hand off your file to the Dept of State (DOS) a totally different US government agency. The NVC is the Dept of State. So is the embassy. Your EAC, WAC case numbers are not used by DOS. The NVC assigns new case numbers based on your embassy. Your application forms will start with DS- for Dept of State.

When that petition approval letter says "Please contact the consulate with any questions about visa issuance..." they don't mean you have to call them. It is the USCIS way of saying " from here on out it is your consulate that knows about your case so don't be calling us anymore about it because we have handed you over to the consulate part of this process".

The next thing you need to know is every consulate has their own way of doing things. The DOS has some general information of what it takes to get a visa but not every consulate follows that exact blueprint. Telephone people at NVC or DOS or Visa Journey guidelines are generic for the whole world. You all wait to be contacted by your consulate for their further instructions when they have your file set up and are ready for you to apply for a visa.

Examples of differences:

LONDON sends a letter (old term is packet 3) giving a web address for finding the K1 instructions. London wants three things at the embassy before they will assign an interview. 1) four DS-xxx application forms, 2) medical results, 3) DS-2001 readiness for interview form with cover letter. You don't pick your interview. They mail out an appointment (old term Packet 4). Everybody does a DS-157, not just males of a certain age.

ALMATY Kazakhstan (looked this up for somebody yesterday) doesn't do a packet 3. The first correspondence from the embassy is an appointment as well as the instructions of what to do before that date.

MANILA lets you call or book an appointment online. They have additional documents required that other embassy's don't have.

JUAREZ sends out a letter of invitation. You schedule online. Nothing at all is mailed to the embassy, not even the DS- application forms. . You go to a different place to present your forms and get fingerprinted separate from the interview.

PARIS. Is similar to London. They send instructions. Forms are mailed in. They use DS-2001. They assign the interview and notify by letter.

It's all different, so after NOA2 petition approval, follow what people from your embassy say or find your regional forum. The UK has a very active and helpful forum. Don't think you will do exactly what somebody in another country does or exactly what the generic Dept of State website says.


















Nich-NickNot TellingUnited Kingdom2013-08-27 22:15:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsApproved K1 sent direct to Consulate from Texas Service Centre

So, 5 weeks after approval in Texas with regular calls to the NVC to see if our file has been transferred, I rang the USCIS customer service number to be told that they wouldn't discuss the case with the beneficiary, but only the applicant. My fiancee called them and was advised that our file had gone directly to the embassy. I have now paid the courier fee and am awaiting confirmation of an interview date. All this without the magic number we were led to believe was a prerequisite for any activity at the embassy.
 
I'm delighted (obviously) but frustrated to know that the file has been sitting in London for 3 or 4 weeks without us knowing.
 
 
 




It went to the NVC first, got a case number, and is indeed likely in London now. You will get a letter of instruction from the embassy when they have logged in your case and are ready for you to apply for the visa. It will have your new Dept of State case number--LNDxxxxxxxxxx.

Paying for the courier does not get you an interview. It should have been done after you had taken all the other required steps and had received your interview letter. That appointment letter instructs you how to pay the MRV fee and couriers online at the same time. It's a new system and several have gotten messed up by doing what you did and weren't able to go back in and pay the visa fee.


 
No - and this is what is concerning me. I have all of the paperwork. I just need to schedule the medical and fill in the DS forms, but the embassy have confirmed on the telephone that they have the file, and the website they directed me to told me to pay the courier fee to obtain an interview date

It sounds like you registered for a non-immigrant visa appt like tourist, student, etc. The embassy person you spoke to was giving you the wrong info for a K1.

Edited by Nich-Nick, 27 August 2013 - 03:01 PM.






Nich-NickNot TellingUnited Kingdom2013-08-27 14:56:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsFORGOT TO SIGN DS-156...
Go over to the UK forum where all the London applicants are and look at their timelines. Start reading some of the threads. It varies a lot. Some take 4 weeks to hear from them after the medical results are received. It's kind o f a busy time right now.
Nich-NickNot TellingUnited Kingdom2013-08-28 19:01:00