ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresHelp with DS-230
QUOTE (Wyatt's Torch @ Oct 18 2009, 05:58 PM) <{POST_SNAPBACK}>
QUOTE (Frequent_Flyer @ Oct 18 2009, 02:51 PM) <{POST_SNAPBACK}>
Hi VJ,

On the DS-230, question 25 asks to list all previous visits to the US. As a Canadian, I have visited the US countless times and only remember the most recent ones. How do I go about answering this question?

Thanks for you help.

Frequent Flyer


Hi, I just asked this question a few days ago. The general response was to list the most recent ones, using an extra page if you have to.

I listed the four times that pertain to this particular visa.

Also, on the type of visa column, just put "N/A" since we don't technically require a visa to visit.



Great! Thanks for the help Wyatt's Torch!
Frequent_FlyerMaleCanada2009-10-18 17:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHelp with DS-230
Hi VJ,

On the DS-230, question 25 asks to list all previous visits to the US. As a Canadian, I have visited the US countless times and only remember the most recent ones. How do I go about answering this question?

Thanks for you help.

Frequent Flyer
Frequent_FlyerMaleCanada2009-10-18 16:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 AOS Question
QUOTE (trailmix @ Oct 22 2009, 03:08 PM) <{POST_SNAPBACK}>
QUOTE (Frequent_Flyer @ Oct 22 2009, 12:59 PM) <{POST_SNAPBACK}>
QUOTE (trailmix @ Oct 22 2009, 02:46 PM) <{POST_SNAPBACK}>
Why didn't she file in 2006?


She filed for 2006 in Canada as she was not living in the US at that time. As a result, we have a tax transcript and a W2 for 2007 which only has 2 months worth of income, a tax transcript and W2 for 2008, and her pay stubs for 2009 to date. In addition to this, we have the letter of employment.


Well if she made above (rough estimate) $ 3000 U.S. dollars in 2006 - she needs to file that return as well. It is required (not as proof of income per se - but because the I-864 says you must have those returns or a statement as to why you don't have them - with a valid reason).



@Trailmix- I called the NVC to clarify and was told since only the most recent year is required, we can leave the 2nd and 3rd lines blank and not worry about including them. (Of course, this assumes that our most recent return meets the minimum requirements, which it does)

Thanks for the help,
FF.
Frequent_FlyerMaleCanada2009-10-22 22:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 AOS Question
QUOTE (trailmix @ Oct 22 2009, 02:46 PM) <{POST_SNAPBACK}>
Why didn't she file in 2006?


She filed for 2006 in Canada as she was not living in the US at that time. As a result, we have a tax transcript and a W2 for 2007 which only has 2 months worth of income, a tax transcript and W2 for 2008, and her pay stubs for 2009 to date. In addition to this, we have the letter of employment.




Frequent_FlyerMaleCanada2009-10-22 13:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 AOS Question
Hi VJ Family,

Quick question on the AOS.

My wife, the USC, moved to the US in late 2007 and only has tax reports for a two months of 2007 and all of 2008. This exceeds the requirement but we do not have the 3 year history.

We are including pay stubs for the last six months that show YTD earnings and also a letter of employment with her role and salary as supporting evidence.

In you opinion, will this be sufficient?

Thanks,
FF
Frequent_FlyerMaleCanada2009-10-22 12:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCase received by NVC Sept 25 2009. Nothing since.
QUOTE (Darnell @ Oct 19 2009, 05:24 PM) <{POST_SNAPBACK}>
Ya - watch out - Cases sent electronically to GUZ have gotten FAST interview appointment dates - Suprises everybody when it happens, so far, this year.. I feel for the Montreal folk though - yikes...



Wow! 4 months for an interview date?

Are all MTL'ers finding this?
Frequent_FlyerMaleCanada2009-10-22 09:30:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCase received by NVC Sept 25 2009. Nothing since.
QUOTE (Wyatt's Torch @ Oct 19 2009, 12:09 PM) <{POST_SNAPBACK}>
QUOTE (Frequent_Flyer @ Oct 19 2009, 08:28 AM) <{POST_SNAPBACK}>
Thanks everyone.

I've called the NVC and provided them our email addresses and the operator sent the case to a supervisor to get the bills generated. biggrin.gif


Like Darnell mentioned, you're in the perfect situation to try the pilot project for electronic processing (i.e.: no snail mail).

I'm going to be giving it a shot as well. It has the potential to speed things up by a couple weeks at least.



Hi Wyatt's Torch,

I'm definitely going to take advantage of the electronic filing option!!! Thanks Darnell for pointing it out since it was the first I had heard of it.

Thanks,
FF
Frequent_FlyerMaleCanada2009-10-19 13:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 & 1-129F received at same time
I submitted my I-130 first then submitted the I-129F a few weeks later incase it happened to be the quicker route. I received my NOA2 yesterday for both. My question is how do I go about dropping the I-129F is it automatically abonded due to the approval of the I-130 at the sametime? Thanks for all the help. yes.gif
JMilroyMaleCanada2009-07-31 12:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-824...HELP
I got back my I-129F and my I-130 at the same time both approved but on the notices the instructions were different. The I-130 mentioned a I-824 was needed because the beneficiary me, lives, in the U.S which isn't true I'm in Canada. But to change this I need to submit a I-824. To the USCIS and they'll forward the docs to the NVC. On the I-129F it says the stuff has been sent to the NVC. I'm very confused. Thanks for any help provided.
JMilroyMaleCanada2009-08-04 20:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-129F and I-130 Hardcopy Approvals- I-824???
QUOTE (pushbrk @ Aug 4 2009, 02:00 PM) <{POST_SNAPBACK}>
QUOTE (JMilroy @ Aug 4 2009, 10:44 AM) <{POST_SNAPBACK}>
I just got the hardcopies of the NOA2 for the I-129f and the I-130 they were approved at the same time. On the I-129f it indicates how it has been forwarded on to the NVC and the numbers and other details relevant to the case. On the I-130 it says “the above petition has been approved. Pettition indicates that the person who you are petitioning for is in the US and will apply for adjustment of status using I-485.”
Next paragraph states that if the petitioner decides to apply for visa outside U.S based on this petition that I have to fill out an I-824 with the USCIS to request that they send the petition to the NVC .
What is all this? No where did I ever state that I was living in the US my wife the petitioner does. The marriage has been less than 2yrs so I think I still have to do the AOS after I get my greencard but I’ve never seen any mention of doing an I-824. Do I ignore that and wait for the I-129F approval to generate an NVC and so on as it says on that NOA2. Thanks for your help.


Sometimes they just select the wrong paragraph when they generate the approval letter. Both cases will probably go to NVC but you can call them to check. You are on a visa path, not an adjustment of status path. However, if your spouse arrives with a K3 visa, she WILL need to adjust status.

K3 is virtually obsolete and has been for two years. If this mistake has occurred, it's just one more reason why you'll be sorry you ever filed the I-129F for a spouse. Filing just the I-130 for the CR1 or IR1 visa path is the appropriate route for virtually all spouse cases.


I wont be arriving in the US on the K3 I want to arrive on the IR3 so that I don't need to do a EAD upon arrival. If the I129F was accepted and is on it's way to the NVC doesn't the I130 as well considering you need to do a I130 along with the I129F, and in my case both were approved. Feedback appreciated. Thanks.

JMilroyMaleCanada2009-08-04 14:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-129F and I-130 Hardcopy Approvals- I-824???
I just got the hardcopies of the NOA2 for the I-129f and the I-130 they were approved at the same time. On the I-129f it indicates how it has been forwarded on to the NVC and the numbers and other details relevant to the case. On the I-130 it says “the above petition has been approved. Pettition indicates that the person who you are petitioning for is in the US and will apply for adjustment of status using I-485.”
Next paragraph states that if the petitioner decides to apply for visa outside U.S based on this petition that I have to fill out an I-824 with the USCIS to request that they send the petition to the NVC .
What is all this? No where did I ever state that I was living in the US my wife the petitioner does. The marriage has been less than 2yrs so I think I still have to do the AOS after I get my greencard but I’ve never seen any mention of doing an I-824. Do I ignore that and wait for the I-129F approval to generate an NVC and so on as it says on that NOA2. Thanks for your help.


JMilroyMaleCanada2009-08-04 12:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVietnam police background check
Where did you obtain a police report from Vietnam? I worked in HCMC for 2 years so will need to get a police report.
heljanFemaleCanada2009-05-15 18:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresK3 in Canada can you still file for CR-1 Greencard at Toronto Consulate?
QUOTE (canadian_wife @ Oct 22 2009, 11:52 AM) <{POST_SNAPBACK}>
Yes you can, I'd e-mail Montreal and let them know what you intend to do (since Toronto doesn't do any immigrant or K visa interviews)

Also, where are you in NVC with your I-130?

Good luck.


Hi

I've been in Los Angeles since last june but we had to move back to Toronto shortly after that. My K3 expires in June 2010.

I haven't done anything after I got the K3. I've been married to USC for 15 yrs and need some help. I had a lawyer get me the k3 but don't want to spend anymore money if I don't have to.

Any ideas of what my next move should be?
BIGG DADDYMaleCanada2009-10-22 11:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresK3 in Canada can you still file for CR-1 Greencard at Toronto Consulate?
I have had my k3 visa approved and just wondering if I can continue to get my green card processed while I'm still in Toronto. Should I go to the consolute and find out or does anyone here know.

Any help would be appreciated!!
BIGG DADDYMaleCanada2009-10-22 09:37:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMedical Exam: Immunization Records - HPV Vaccine for Women
Update on this:

Had my medical today.. asked the Doctor about the Gardasil vaccine, he told me not to quote him but the shot is most likely cheaper in the US... So you can get your first shot in canada ($178) and continue the rest in the states as it MAY be cheaper. Or get the rest here, whatever you want to do.
canadianwifeFemaleCanada2009-06-03 16:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMedical Exam: Immunization Records - HPV Vaccine for Women
QUOTE (Steve et Nathalie @ Apr 29 2009, 12:33 PM) <{POST_SNAPBACK}>
QUOTE (canadianwife @ Apr 29 2009, 11:10 AM) <{POST_SNAPBACK}>
Hey,

For women immigrating to the US, the HPV (Gardasil) vaccine is required for women aged 16-26. This is a relatively new vaccine, so the majority of women will not have had it prior to their interview.

My question is: The full vaccine is a total of 3 shots, with the last shot being administered 6 months after the 1st. I have scheduled my 1st shot next week - will the US refuse entry until the last shot has been administered? Do we have to wait until all shots are given? My interview is JUNE 19th, so my vaccination will NOT have been completed.

This stupid vaccine could potentially hold up my move date.

Thanks for your help!



This should help...

http://www.visajourn...hp/t182640.html


Thank you so much!!

canadianwifeFemaleCanada2009-04-29 12:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMedical Exam: Immunization Records - HPV Vaccine for Women
Hey,

For women immigrating to the US, the HPV (Gardasil) vaccine is required for women aged 16-26. This is a relatively new vaccine, so the majority of women will not have had it prior to their interview.

My question is: The full vaccine is a total of 3 shots, with the last shot being administered 6 months after the 1st. I have scheduled my 1st shot next week - will the US refuse entry until the last shot has been administered? Do we have to wait until all shots are given? My interview is JUNE 19th, so my vaccination will NOT have been completed.

This stupid vaccine could potentially hold up my move date.

Thanks for your help!


canadianwifeFemaleCanada2009-04-29 11:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 Approved - Entering US for the first time...
Thanks!!

Can anyone answer my question regarding the border crossing?
canadianwifeFemaleCanada2009-06-28 16:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 Approved - Entering US for the first time...
Hey!

My CR1 visa has been approved. Do I have to go through immigration the next time I travel to the US? I plan on 'officially' moving sometime in September, but have a 1 week holiday to California in July. Will I have to do the immigrant processing when going on my vacation? Or can I wait and do it when I'm moving in for good?
canadianwifeFemaleCanada2009-06-26 21:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHave you ever heard of this? Where do we go from here?
QUOTE (pushbrk @ Oct 1 2007, 05:35 PM) <{POST_SNAPBACK}>
QUOTE (Dylan @ Oct 1 2007, 02:29 PM) <{POST_SNAPBACK}>
After our I-130 petition was approved and the IV bill was paid and the DS-230 was sent in, we waited for our case to be be completed by the NVC and to be sent to Montreal. After about a month my husband called the NVC and they said that right as they were going to forward it to the consulate the USCIS requested it back.

My husband called the USCIS and they said they have no record of this.

My husband called the NVC back and they said it was sent back to the USCIS on Aug 17th.

A friend of the family works in the US consulate in Toronto and he made some inquiries but could not come up with anything as- his boss also spoke to my husband and said he was completely baffled as to why the USCIS would request it back in the first place. My husband had a job for the DND so he already had special security clearance. They also has my police certificate showing I have never been arrested so I really doubt there was any sort of hit on our names. Not to mention that we just had a baby together and there there isn't high instances of immigraton fraud with the US and Canada.

Our lawyer advised us to cancel our still outstanding I-129 petition thinking that may be the cause, ironically enough her letter to them requesting it be canceled crossed with out letter of approval). So again, it couldn't be a false hit, as they wouldn't have approved it if they felt they approved the I-130 in error

Nor have we received a letter stating that we are in any sort of administrative review.

A few weeks later, there was a "Touch" on the USCIS website in regards to the I-130.

Today, my husband met with an immigration officer who said that the she has no record of the USCIS ever requesting it back- nor does she have a record of receiving it from the NVC.
She seemed to think it went to a storage facility they keep applications in for people that are currently in the US on other visas while they await the process. #######?


Could be this but it doesn't make sense if you've already paid the IV fee.

http://www.uscis.gov...e/PN_i-129f.pdf



The IV bill was definitely paid.

We didn't pay too much attention to the I-129 not getting approved as we were going to pursue the I-130. I kinda assumed the I-129 got lost but then after 10 months they just sent the approval and currently dated.
Dylan'sWifeFemaleCanada2007-10-01 16:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHave you ever heard of this? Where do we go from here?
After our I-130 petition was approved and the IV bill was paid and the DS-230 was sent in, we waited for our case to be be completed by the NVC and to be sent to Montreal. After about a month my husband called the NVC and they said that right as they were going to forward it to the consulate the USCIS requested it back.

My husband called the USCIS and they said they have no record of this.

My husband called the NVC back and they said it was sent back to the USCIS on Aug 17th.

A friend of the family works in the US consulate in Toronto and he made some inquiries but could not come up with anything as- his boss also spoke to my husband and said he was completely baffled as to why the USCIS would request it back in the first place. My husband had a job for the DND so he already had special security clearance. They also has my police certificate showing I have never been arrested so I really doubt there was any sort of hit on our names. Not to mention that we just had a baby together and there there isn't high instances of immigraton fraud with the US and Canada.

Our lawyer advised us to cancel our still outstanding I-129 petition thinking that may be the cause, ironically enough her letter to them requesting it be canceled crossed with out letter of approval). So again, it couldn't be a false hit, as they wouldn't have approved it if they felt they approved the I-130 in error

Nor have we received a letter stating that we are in any sort of administrative review.

A few weeks later, there was a "Touch" on the USCIS website in regards to the I-130.

Today, my husband met with an immigration officer who said that the she has no record of the USCIS ever requesting it back- nor does she have a record of receiving it from the NVC.
She seemed to think it went to a storage facility they keep applications in for people that are currently in the US on other visas while they await the process. #######?
Dylan'sWifeFemaleCanada2007-10-01 16:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan Canadians apply for IR1/CR1 process? What about Minor Child?
QUOTE (navigatingterrain @ Oct 30 2007, 12:38 PM) <{POST_SNAPBACK}>
Hello,

I'm new to this forum and hope some of you will have answers. I know about the k3/k4 visa process.
IR1 and CR1, are these different processes ? Is the IR1/CR1 process available for Canadians in Canada? What if one has a minor child in Canada, can one still apply for the minor via the IR1/CR1 process?

Thanks


Is the petitioning USC the parent of the minor child? If so, they do not need a visa but the spouse does need to go to the local consulate and report a birth abroad to award their child US citizenship.
Dylan'sWifeFemaleCanada2007-10-30 18:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS-230 regarding minor children
QUOTE (Mariya @ Nov 2 2007, 08:32 AM) <{POST_SNAPBACK}>
We are in simillar situation. We called NVC - they said not to list US children in Q 21 of DS-230. Though you should put your baby's name in Q 19.


Thank You.
Dylan'sWifeFemaleCanada2007-11-02 07:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS-230 regarding minor children
Hello, on the DS-230 it asks to list any minor children I have and to list any will be accompanying me to the US.
My husband (the USC) and I had a daughter in April, who is also a USC via her father. I listed her on the form; Was this the correct thing to do or does that just pertain to minors that are the step children of the petitioner who have an I-130 filed on their behalf?
Dylan'sWifeFemaleCanada2007-11-01 21:17:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI just got married to my wife from Canada, we are so clueless please help!!!
QUOTE (soconfused @ Oct 31 2007, 07:29 PM) <{POST_SNAPBACK}>
First of all a huge thanks to everyone!! I was so confused earlier but now I got it, it's all making sense to me. If it weren't for you guys, I would have been so lost!! However, I do have another question.

Because I filed the I130 which means that my wife has to be in Canada until her interview process. Is it okay for her to enter the States to visit me? As long as she doesn't stay for more than her 6 months of visa permission, correct?


It's not forbidden for the foreign spouse to 'visit' the USC while waiting it out. I have done it many times.
However, the limit is 182 days per year (some will say 12 rolling months-even certain CBP will say that as it's generally left up to interpretation). I do not think that many Agents will let a spouse enter for that length of time (6 months) while in the visa process as if required the visiting spouse needs to be able to prove ties to their home country and the intent to return. A 6 month visit suggests that you have nothing to return to and all your ties are severed.
Generally, short visits and about 6 weeks between visits will satisfy them.

When I am visiting, I am often asked to show my return ticket and if I have a job. Many VJ members will caution your spouse that they should have a letter of employment, a rental lease, bank statements ect to show they have ties to Canada.Your spouse should also bring a copy of the NOA1 or NOA2 to show help show that you are not trying to circumvent the system.

All this being said, a CBP can refuse entry for any reason; in this case if they suspect immigration fraud. I have always been honest in my dealings with them and there have been a couple times where I felt they were on the fence on if they were going to let me enter or not. You just never know....
Dylan'sWifeFemaleCanada2007-11-02 15:38:00
IR-1 / CR-1 Spouse Visa Process & Proceduresmoving & address change
QUOTE (awaterlily @ Nov 2 2007, 07:27 PM) <{POST_SNAPBACK}>
We're moving next week and will be submitting the ar 11 online. This will be our second move since my husband moved to the US as a perm res.

In review of USCIS website change of address info today, I noticed that they require the sponsor to do an I-864 change of address. Since I am the US citizen wife and I petitioned him. I am also the sponsor? Right? I filled out an I-864 during the visa process. Well, if I'm correct...I think I did a WHOOPS! I didn't file a change of address the first time we moved as I didn't know I was suppose to.

Next week we'll fill out the ar-11 online and I will mail an I-864 change of address with a letter explaining why I didn't mail one before - the first time we moved.

Does anyone see a problem with this? Need advice, please. Thanks


I'd also be sure to go to the post office and pay to have your mail forwarded. My husband completed a change of address for me in March of last year but my package three was still sent to the old address.
Dylan'sWifeFemaleCanada2007-11-04 12:14:00
IR-1 / CR-1 Spouse Visa Process & Proceduresterrible thing happend to my case
QUOTE (booboo2 @ Nov 8 2007, 06:27 PM) <{POST_SNAPBACK}>
i just got my RFE and i think they mixed my case with someone else because there asking for proof of citizenship which i alreadysent when i filed, also they are asking me to send proof of marriage termination, i have never been married before and the names on there that they are asking proof from aren't our names. \here is a copy of what they sent me. I need help from all you members .


I would schedule an INFO pass appointment. I know it's frustrating but it will get sorted out.
Dylan'sWifeFemaleCanada2007-11-08 21:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 versus K3
QUOTE (MarilynP @ Nov 9 2007, 01:22 PM) <{POST_SNAPBACK}>
I just meant you don't need to give them your whole life story if they just ask you "business or pleasure?".....


Every time I cross, I brace myself for lots of questions and possibly a denial.
I remember one time when I was visiting and the Agent asked me where I was going and I told him Orange County.
He then asked me if I had any fruit. I said No. He then stamped my boarding pass and told me to have a nice trip.

It felt so weird getting through with only just two questions asked.
Dylan'sWifeFemaleCanada2007-11-09 17:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 versus K3
QUOTE (MarilynP @ Nov 9 2007, 12:23 PM) <{POST_SNAPBACK}>
QUOTE (Dylan @ Nov 8 2007, 05:50 PM) <{POST_SNAPBACK}>
QUOTE (NEDawn @ Nov 8 2007, 02:07 PM) <{POST_SNAPBACK}>
QUOTE (Dylan @ Nov 8 2007, 01:42 PM) <{POST_SNAPBACK}>
It's unfortunate about the setback because of the divorce, but you would still have to wait for that to be resolved prior to the marriage. Generally, there is a lot more paperwork that needs to be filed for a CR1 or K3, because of this processing times tend be quicker for a K1. Not to mention, that the more papers you submit or neglect to submit can cause additional RFE's that will cause delays.

You can not start the CR1 process until you are legally married. You have to submit proof of marriage.


Yes I know we would have to be legally married. Thus why we aimed for February or March after his divorce is final. We originally were going to apply for a K-1 before we knew the processing times had changed, now we are focused on the CR-1, but my concern was about his being able to still visit during that time. His visa waiver has never been an issue thus far. They know he comes to see a girl friend. Hell if I have to I will fly to Scotland and marry him, I have never been there yet. blush.gif


No one here can tell you with absolute certainty that he will be allowed entry while visiting in the process. It's a ####### shoot.
I suggest that he flies out of somewhere that has POE before he flies to the US, I believe there is one in Ireland to spare him from flying all the way over only to get turned around.

But it's really important he doesn't lie about his relationship status with you when speaking to the CBP Agent. If he is your fiance at the time, he must disclose that- if you are married he must disclose that. I think part of the reason I have been so successful in my visits is because I was straight forward and not evasive.

I would only disclose this if asked..... just answer all the questions they ask truthfully but you don't need to go into detail...


Correct, but if they ask you "Who are you going to see" or "Who is in ( destination traveling to ).". You have to tell them.
Dylan'sWifeFemaleCanada2007-11-09 13:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 versus K3
QUOTE (NEDawn @ Nov 8 2007, 02:04 PM) <{POST_SNAPBACK}>
QUOTE (Dylan @ Nov 8 2007, 01:33 PM) <{POST_SNAPBACK}>
That's 165 days in total. Someone correct me if I am wrong but that only gives him 15 days of eligibility to visit for the left within the twelve consecutive months from the first visit.


Total is 155 not 165. First time he visited was November 6, 2006. He was here 83 days. Next was just under 30 days, this time 42. He's allowed 90 days at any one visit. This last visit he leaves two days after the start of a new year (12 months). I have never seen anything posted that prohibits how many visits he can make as long as he stays under the 90 days per visit on the visa waiver. Someone got a link they can quote that shows me different? If I am misinformed then I want to know.

I have a girl friend engaged to a man from Scotland, he visits for a month or more at a time about every two months, he's been doing it for 6 years, never had a problem coming over from Scotland into Boston.


I could be confused since I am from Canada and we are allowed to visit for a total of 6 months in any 12 month period.
But, typically CBP Agents frown upon frequent long stays in the US. If they feel the 'visitor' is spending more time per year in the US than in their native country there's a greater risk for denial. At least, this is what I have gathered reading this forum.
Dylan'sWifeFemaleCanada2007-11-08 20:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 versus K3
QUOTE (NEDawn @ Nov 8 2007, 02:07 PM) <{POST_SNAPBACK}>
QUOTE (Dylan @ Nov 8 2007, 01:42 PM) <{POST_SNAPBACK}>
It's unfortunate about the setback because of the divorce, but you would still have to wait for that to be resolved prior to the marriage. Generally, there is a lot more paperwork that needs to be filed for a CR1 or K3, because of this processing times tend be quicker for a K1. Not to mention, that the more papers you submit or neglect to submit can cause additional RFE's that will cause delays.

You can not start the CR1 process until you are legally married. You have to submit proof of marriage.


Yes I know we would have to be legally married. Thus why we aimed for February or March after his divorce is final. We originally were going to apply for a K-1 before we knew the processing times had changed, now we are focused on the CR-1, but my concern was about his being able to still visit during that time. His visa waiver has never been an issue thus far. They know he comes to see a girl friend. Hell if I have to I will fly to Scotland and marry him, I have never been there yet. blush.gif


No one here can tell you with absolute certainty that he will be allowed entry while visiting in the process. It's a ####### shoot.
I suggest that he flies out of somewhere that has POE before he flies to the US, I believe there is one in Ireland to spare him from flying all the way over only to get turned around.

But it's really important he doesn't lie about his relationship status with you when speaking to the CBP Agent. If he is your fiance at the time, he must disclose that- if you are married he must disclose that. I think part of the reason I have been so successful in my visits is because I was straight forward and not evasive.
Dylan'sWifeFemaleCanada2007-11-08 20:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 versus K3
QUOTE (NEDawn @ Nov 8 2007, 01:31 PM) <{POST_SNAPBACK}>
QUOTE (Dylan @ Nov 8 2007, 01:22 PM) <{POST_SNAPBACK}>
Honestly, in my opinion you are better off filing for a K1. You can file today and begin the process. If you wait till Feb to get married ( and that's assuming your fiance is allowed entry ) , you could have already been three months into the process.


Thank you for all of the answers and detailed response. My signature clarifies our situation. He has had to wait a year of seperation to file divorce in Scotland, his divorce would be decreed in January sometime of 2008, thus why we can't apply for K-1 now. We originally considered the K-1 when I thought the processing time was 2-4 months as I saw a year ago and was told by attornies but now I know the times are much longer, only slightly faster than the K-3.

Would a immigration officer have record we had started the CR-1 process when my fiance flew into Boston and went through customs, or is that information hard to obtain?


It's unfortunate about the setback because of the divorce, but you would still have to wait for that to be resolved prior to the marriage. Generally, there is a lot more paperwork that needs to be filed for a CR1 or K3, because of this processing times tend be quicker for a K1. Not to mention, that the more papers you submit or neglect to submit can cause additional RFE's that will cause delays.

You can not start the CR1 process until you are legally married. You have to submit proof of marriage.
Dylan'sWifeFemaleCanada2007-11-08 13:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 versus K3
QUOTE (NEDawn @ Nov 8 2007, 01:16 PM) <{POST_SNAPBACK}>
QUOTE (MarilynP @ Nov 8 2007, 01:08 PM) <{POST_SNAPBACK}>
like I mentioned when he travels he should bring lots of proof of ties to his home country... things like mortgage papers etc....


He can provide a lease, proof he has a flat, and also custody agreement of his children. He's disabled so doesn't have a job at present, though he may be going to school soon. Would this be enough?

Also, how would they know we are married unless he volunteered that information at customs? He enter's through Boston International, they have been very good to him, he even tells them he's coming to see his "woman", and they don't bat an eye. He's been here three times in the last year, the first time for 83 days, the 2nd time for 30, this time for 42 (He's going back home today crying.gif


That's 165 days in total. Someone correct me if I am wrong but that only gives him 15 days of eligibility to visit for the left within the twelve consecutive months from the first visit.
Dylan'sWifeFemaleCanada2007-11-08 13:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 versus K3
QUOTE (NEDawn @ Nov 8 2007, 12:01 PM) <{POST_SNAPBACK}>
After much research my fiance and I have determined we will probably wed sometime in February 2008. I am busy looking up elopement locations etc, because when he comes to marry, he will only be here two weeks before he must return to Scotland and wait to begin the immigration process.


That may be a problem right there. Although it's not forbidden to get married and return, if he expresses to the CBP Agent that he intends to get married on that visit he will most likely be denied entry.

QUOTE (NEDawn @ Nov 8 2007, 12:01 PM) <{POST_SNAPBACK}>
I am torn between the CR1 versus the K-3. One of the biggest reasons I hesitate to consider the CR1 is I have read that after we marry and file, he won't be able to make visits to the USA during the waiting time. My available time to visit Scotland is limited due to my full time job. I could perhaps make one trip.


Once you are married, you HAVE to file for a CR1. The K3 was only introduced to allow the intending immigrant to enter the US while they were awaiting the CR process. Now, the I-130 are getting approved before or shortly after I-129 approvals, so the K3 won't get your spouse to the US any faster.

QUOTE (NEDawn @ Nov 8 2007, 12:01 PM) <{POST_SNAPBACK}>
Over the last 16 months he has been able to visit here about every 3 months, and of course he always leaves and goes back home. He has his own flat, and always comes with a return ticket.

Can anyone tell me whether either visa would prohibit his being allowed re-entry into the USA during the waiting time for either or both visa's? We would like to visit each other at least every 3-4 months during the waiting time. Seems both visa's are taking 8-10 months for approval so we have taken that into consideration as we plan on which way to go.


A CBP Agent can refuse anyone entry to the US for many reasons. If the suspect immigration intent, if they detect past criminal convictions that deem someone inadmissable. Being in the K3 or CR1 process does not generally make someone inadmissible during the interim provided they can prove they have no immigrant intent on that visit. However, isn't not uncommon for certain CBP Agents to blankety deny enter to anyone in the K1, K3 or CR1 process until they have their visa in hand.

QUOTE (NEDawn @ Nov 8 2007, 12:01 PM) <{POST_SNAPBACK}>
Also, I understand the CR-1 is cheaper than the K-3.


Once you factor in the cost of AOS, the CR1 is the most cost effective.


QUOTE (NEDawn @ Nov 8 2007, 12:01 PM) <{POST_SNAPBACK}>
I researched K-1 visa's for a year, and then we changed direction when we saw that the waiting time was so long. I wish the K'1's were as short as they quoted last year, then we would have just gone that route. We have been separated already 16 months from when we met, and are trying to hold onto the fact it could be another year or more before we are together.


Honestly, in my opinion you are better off filing for a K1. You can file today and begin the process. If you wait till Feb to get married ( and that's assuming your fiance is allowed entry ) , you could have already been three months into the process.

QUOTE (NEDawn @ Nov 8 2007, 12:01 PM) <{POST_SNAPBACK}>
What carries more risk of failure or problems arising that might delay the visa's? The CR-1 or the K-3?
What is the difference in the costs?

He is in Scotland, I am in Massachusetts.

thanks!
Dawn

Dylan'sWifeFemaleCanada2007-11-08 13:22:00
IR-1 / CR-1 Spouse Visa Process & ProceduresProof of bona fida marriage
QUOTE (trailmix @ Oct 8 2007, 12:01 PM) <{POST_SNAPBACK}>
QUOTE (trailmix @ Oct 8 2007, 09:53 AM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ Oct 8 2007, 09:49 AM) <{POST_SNAPBACK}>
Personally, I think the OP sent enough, because they've never lived together. However, the new I-130 does say the petitioner "Should include one or more..." of a list of additional evidence of bona fides, that the old I-130 did not.

Check it out.


good.gif


Pushbrk is of course right and I was again looking at the old form, however I have now had a bit more coffee.

Elvis, since you have now sent the form and have a window of time where you can start to accumulate more evidence of your relationship, you should probably take advantage of it - they may not ask for more proof - but they might, if not now then further along in the process.

There is a thread here - if you read down a bit you will see there is discussion of opening a joint bank account with your spouse and having your spouses name put on bills etc - just some things you might want to look at doing.



I don't understand how they can expect the petitioner and benifitary to have bills together when they are expected to live apart and run two separate households. Most people filling are living on there own and have their residence established, how does adding someones name to a water bill in the US when they are living else where add any validity to the marriage. I would think that this type to this would be more important when it comes to the AOS.
Dylan'sWifeFemaleCanada2007-10-08 15:50:00
IR-1 / CR-1 Spouse Visa Process & Proceduresswitching consulates - Montreal to Vancouver
QUOTE (karenkaye @ Nov 15 2007, 06:28 PM) <{POST_SNAPBACK}>
hi everyone: I'm a east coast Canadian, married to a USC. Married Dec/06 - filed 1-130 March /07. I-129F filed June/07. Both were approved; just sent back DS230/I864 to NVC for I-130. Also sent DS156 & DS230 to Montreal - working on checklist for K-3, but wondering if we should just let that one slide and focus on the CR-1 via the I-130.
Until very recently we thought we were on the home stretch - a Consulate interview was around the corner. Were very disappointed to find out about the shortage of staff/backlog in Montreal. Apparently this is not the case in Vancouver. We are wondering why a file cannot be transferred from Montreal to Vancouver - or in the case of our I-130, why it cannot be sent from the NVC to Vancouver rather than Montreal. Has anyone heard of this happening or had it happen? I do not mind the trip to BC at all if it would speed up the process. Any feedback would be gratefully appreciated!! oh yes, my husband has been in touch with his state senator; we spoke to her office regarding possibly transferring - she checked into it and was told that these visas were NOT processed/interviewed for in Vancouver, only Montreal - but I just read a post on here from someone who had their k-1 interview on the 13th November IN VANCOUVER! arrrgggg!


Montreal is the ONLY consulate in Canada that does interviews for the CR-1.

Vancouver has the ability to conduct K visa interviews but generally only interviews people from the west coast. I have heard of people successfully changing consulates for K visa interviews but only when they were able to provide a West Coast mailing address for the consulate to mail 'Package 3' to.

Looks like you are going to have to wait......
Dylan'sWifeFemaleCanada2007-11-15 18:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisiting with intent to get married...
QUOTE (kelzm @ Nov 20 2007, 05:16 AM) <{POST_SNAPBACK}>
It's not true that you would get 'bounced' if you told them you were visiting to get married, though you will get taken aside and asked a few questions.

I went to the USA in August and told them I was there to get married. I had to go through and answer some questions, got my bag searched etc before I was sent through and wished well.

There's no reason to declare it, but it's also not illegal to enter, marry and then leave again.


I would count yourself as lucky.
We have a friend who is in Senior Management Position at the US Consulate in Toronto- his wife is a Canadian.
20 years ago he was crossing with his then fiance because they were going to get married in the US- then move on to his consular post in Japan and she was denied entry and accused of trying to immigrate illegally. The CBP was quite nasty and didn't care that she was to be the wife of some one who worked for the state department and quiet obviously had no illegal intent.
It was a whole big mess and stymied the original wedding plans.
Dylan'sWifeFemaleCanada2007-11-21 14:38:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisiting with intent to get married...
QUOTE (MargotDarko @ Nov 19 2007, 10:50 AM) <{POST_SNAPBACK}>
QUOTE (Dylan @ Nov 19 2007, 03:32 PM) <{POST_SNAPBACK}>
QUOTE (endless @ Nov 19 2007, 08:28 AM) <{POST_SNAPBACK}>
I we got married in the US while I was applying for the K1, I entered and than I left before my 90 days... no problem, there is no law that says that you can't marry...


There may be no law prohibiting it, but I am almost certain if you tell a POE that you intend to enter the US and get married, you will be bounced.


Nope. It's not a rountine thing to get denied simply for saying you're there to get married anyway. When my now-hubby and I entered the US to get married and then return to the UK, he said exactly what he was there to do and when he was returning (there to marry me, get my UK spousal visa, and return to the UK two weeks later). He brought evidence of his return but she didn't ask to see it. He was through in about three minutes. It was probably a plus point that I was traveling with him, but if NEDawn brought plenty of evidence of returning to Scotland, the worst that would happen is having to show it. My husband decided he felt more comfortable being open about it, but like pushbrk said, saying something like "Here for pleasure" or "to visit friends and family" is perfectly fine and may make NEDawn more comfortable anyway. smile.gif


I would think you are the exception rather than the rule.
There's a member here called Trussy (I think that his her name) and her now husband visited the states with the intent to get married and return. When he disclosed this, he was refused entry and and handcuffed. They didn't even ask him about his return ticket and supporting evidence.
Do you think the consulate would issue a visitor visa to someone that told them they were going to get married? It's safe to assume POE think along those same lines.
Dylan'sWifeFemaleCanada2007-11-20 07:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisiting with intent to get married...
QUOTE (endless @ Nov 19 2007, 08:28 AM) <{POST_SNAPBACK}>
I we got married in the US while I was applying for the K1, I entered and than I left before my 90 days... no problem, there is no law that says that you can't marry...


There may be no law prohibiting it, but I am almost certain if you tell a POE that you intend to enter the US and get married, you will be bounced.
Dylan'sWifeFemaleCanada2007-11-19 10:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFinally some good news!!
QUOTE (Jigi @ Nov 26 2007, 04:19 AM) <{POST_SNAPBACK}>
Hi,

congrats.... can u tell me process to get interview date fast.....

Jigi


At first we called the NVC and spoke to a supervisor, who told us to email PI Sue at the NVC explaining why we were asking for an interview along with any documents that supported our request as it is a legitimate medical expiate. We then called again after waiting for a reply and were given a fax number, where we faxed all the documents and a letter pleading our case.
It also probably helped that we have contacts at the US Consulate in Toronto that have been speaking to Consulars in Montreal on our behalf.
Dylan'sWifeFemaleCanada2007-11-26 09:16:00