ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & Procedureserror on Petition
QUOTE (pushbrk @ Sep 14 2007, 05:37 AM) <{POST_SNAPBACK}>
QUOTE (Jimmy and Angela @ Sep 13 2007, 09:05 PM) <{POST_SNAPBACK}>
no because i was thinking that it was to bring him here. I know stupid mistake on my part . I hope it is an easy fix


So, now you want to bring him? No problem. Just notify the Consulate and ask them to send a packet three for him. They'll do it, even if he was never listed.

You can file his I-130 now or wait until you file AOS.


It sounds like they don't want to bring him but just that they're concerned that about the I-130 being incorrect because it makes it look like she has no children.
MargotDarkoFemaleUnited Kingdom2007-09-14 03:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI will be filing my I-30 petition soon!
Basically, the I-130 is the USC asking for permission for their family member to apply for an immigrant visa. An approved I-130 means the approval to apply for the visa has been granted. Then the visa application goes through the NVC.
MargotDarkoFemaleUnited Kingdom2007-10-04 05:18:00
IR-1 / CR-1 Spouse Visa Process & Proceduresi-751 waiver
QUOTE (mike_2007 @ Oct 5 2007, 09:40 AM) <{POST_SNAPBACK}>
what is the deadline to file an i-751 waiver?


The I-751 is a petition to remove conditions on a conditional green card not a wavier. Further down the main forum page, there's a forum about waviers.

Edited by MargotDarko, 05 October 2007 - 04:26 AM.

MargotDarkoFemaleUnited Kingdom2007-10-05 04:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPLEASE HELP!!!!
Hello there! smile.gif Bring a copy of everything you've sent to be safe. As for the medical, four to five days sounds about right. Also, even if the medical results are not with the embassy by your interview date, all that will happen is that the visa will be granted pending medical results (assuming everything else is fine) and there would be a bit of a delay with the visa being sent. It wouldn't be terrible to show up at the interview before the medical results did. smile.gif

Edited by MargotDarko, 09 October 2007 - 04:32 AM.

MargotDarkoFemaleUnited Kingdom2007-10-09 04:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresK3 or IR-1/CR-1
QUOTE (mommymeow @ Oct 9 2007, 10:59 AM) <{POST_SNAPBACK}>
QUOTE (MargotDarko @ Oct 9 2007, 04:39 PM) <{POST_SNAPBACK}>
I would like to add that I am not fully aware of translation requirements. I just know that it doesn't have to be done in the US. When I said nothing has to be certified, I was only thinking of things that didn't have to be translated - I am not sure if translations do not have to be certified.


Thanks for the information. smile.gif

I do have to send my husband the copy of my passport, my birthcertificate and copy of my ID card (translated one) for filing I-130. Am I correct?

Regards


He does not need anything proving your identity at this point. You'll need to send him your G-325A, passport-style photo, and a copy of your daughter's birth certificate (if he doesn't already have one). Double check the I-130 instructions, but I am quite sure the newest version does not ask for proof of identity of the foreign spouse. smile.gif
MargotDarkoFemaleUnited Kingdom2007-10-09 05:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresK3 or IR-1/CR-1
I would like to add that I am not fully aware of translation requirements. I just know that it doesn't have to be done in the US. When I said nothing has to be certified, I was only thinking of things that didn't have to be translated - I am not sure if translations do not have to be certified.
MargotDarkoFemaleUnited Kingdom2007-10-09 04:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresK3 or IR-1/CR-1
QUOTE (mommymeow @ Oct 9 2007, 08:02 AM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ Oct 9 2007, 12:58 PM) <{POST_SNAPBACK}>
QUOTE (mommymeow @ Oct 8 2007, 08:49 PM) <{POST_SNAPBACK}>
Another question is how would they know whether what type of visa im applying for between CR-1 and IR-1? Do we have to clarify anything when we apply?

Thanks


The appropriate immigrant visa for spouse will be granted. The process is the same either way. If you have already been married two years when the petition is filed then you can check "other" and write IR1 visa in the space just left of the signature on the respective G325a forms. You can also indicate this in your cover letter. If the two year anniversary will come after you file but before the interview, you would put CR1 and then the Consulate will still issue the appropriate visa based on the timing of your interview in relationship to your marriage.


Thanks. I assume that It would be better If I will wait till 30 December this year for our 2 year anniversary then we file for visa to the USCIS.

I have a question about the paper that I have to send to USCIS when we send them the form I-130.
1. Payment as required by USCIS $355
2. Cover Letter (Any idea?)
3. Form I-130: Petition for Alien Relative
4. Copy of the full Birth certificate (front and back) for the US Citizen (Does it has to be certify by anyone?)
5. A copy of marriage certificate (Does it has to be certify by anyone?)
6. G-325A (Each person fill the form)
7. One passport-type photo (my husband and myself)
8. Evidence of a bonafide marriage (Can anyone clarify what to send to them for this item)

Do I have to send my husband the copy of my passport, my birth certificate, my ID card, and make them translated and certify the documents??

Please kindly clarify my questions that I have. Sorry for asking alot of questions. I want to be prepared and do everything right.


Definitely don't wait to file. As your interview will be after your two-year anniversary, you will get the IR1 visa. It doesn't matter that when you file you haven't been married two years yet - it's the interview date that determines the visa type. And even then, if you enter the US after the two year anniversary, a CR1 visa can be used to get a 10 year green card. So file asap! smile.gif

The cover letter can list what your filing and for whom and then list the contents of documents you're sending.

There are instructions in the I-130 on what types of items qualify as showing a bonafide relationship. A photocopy of an official copy of your daughter's birth certificate will be the best evidence for this as long as both your names are on it.

Nothing has to be certified. The birth certificate and marriage certificate should be photocopies of official copies. Everything should be in English, but it doesn't matter where it's translated as long as the translation is done right.

QUOTE (pushbrk @ Oct 9 2007, 06:58 AM) <{POST_SNAPBACK}>
QUOTE (mommymeow @ Oct 8 2007, 08:49 PM) <{POST_SNAPBACK}>
Another question is how would they know whether what type of visa im applying for between CR-1 and IR-1? Do we have to clarify anything when we apply?

Thanks


The appropriate immigrant visa for spouse will be granted. The process is the same either way. If you have already been married two years when the petition is filed then you can check "other" and write IR1 visa in the space just left of the signature on the respective G325a forms. You can also indicate this in your cover letter. If the two year anniversary will come after you file but before the interview, you would put CR1 and then the Consulate will still issue the appropriate visa based on the timing of your interview in relationship to your marriage.


On our G325A's, I ticked "other" and wrote "I-130 petition for spouse", which was accepted and avoids the issue of IR1 vs CR1 at that stage.
MargotDarkoFemaleUnited Kingdom2007-10-09 04:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresK3 or IR-1/CR-1
QUOTE (YuAndDan @ Oct 5 2007, 05:19 PM) <{POST_SNAPBACK}>
QUOTE (willchels @ Oct 5 2007, 10:45 AM) <{POST_SNAPBACK}>
I agree. The IR-1 Visa does take longer, but it is well worth it. Once you have the green card you won't need to do anything else for 10 years. Also, the IR1 visa is permanent, only the green card itself expires, so after 10 years you have to get a new green card. It's a much better way to go, and probably a lot less stressful in the long run.

Good luck with the decision! good.gif
Actually the IR-1 typically expires 60 months after issue, and the green-card replaces the visa.


6 months not 60 months. There was another thread where you said this and it was clarified.
MargotDarkoFemaleUnited Kingdom2007-10-08 04:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresK3 or IR-1/CR-1
QUOTE (mommymeow @ Oct 5 2007, 02:30 PM) <{POST_SNAPBACK}>
Hello All

I have read all the forum and actually I am still confusing about what type of visa should my husband file for me.

We got married in the US since December 2005 but then we moved to live in Thailand for one year before he went back to the US. Which mean he lived in Thailand for one year. We have a child who is citizen, our child has US passport but she born here in Thailand, we reported her birth here at the US embassy and everything was approved.

Since my husband would like to apply for a visa for me to go back to the US. So what is the best way of doing it, what type is good for my situation. I have read about K3 and as well as IR-1/CR-1 but still confuse that which one should I go for.

My husband had an appointment with the immigration officer in New York and the officer told him to apply for I-130.

Can anyone give me a better idea or suggestion please.

Thank you.


Although it means possibly waiting longer, you should definitely go for the IR1. It is definitely the best spousal visa. You would enter the US as a permanent resident with the right to work and not have to adjust status or even remove conditions as you would have a 10 year green card.

To get the IR1, he would file a I-130 petition. When the petition was approved, you would go through the process of applying for an immigrant visa. None of the forms will say IR1 - they will just refer to immigrant as opposed to non-immigrant. Even if it takes a few extra months, I am sure you would never regret it in the end. A K3 visa is a lot more money and paperwork, and having to wait for employment authorisation which you need to apply for the SSN, would be very frustrating and kind of sour the experience of moving to the states. So have him file the I-130 and then just follow that path and you'll be good to go. smile.gif
MargotDarkoFemaleUnited Kingdom2007-10-05 08:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1 visa
QUOTE (waiting4ever @ Oct 10 2007, 12:02 PM) <{POST_SNAPBACK}>
QUOTE (summiya @ Oct 10 2007, 01:12 AM) <{POST_SNAPBACK}>
Approximately how long does it take to get a CR-1 visa ?


It usually takes about 8-9 months but can take much longer for countries such as Pakistan especially if the beneficiary is male.


Yes, unfortunately, a male beneficiary from Pakistan, especially with a common name, will most likely wait much longer due to administrative review or processing.
MargotDarkoFemaleUnited Kingdom2007-10-10 06:43:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDivorce decree
QUOTE (ghanta81 @ Oct 10 2007, 12:09 AM) <{POST_SNAPBACK}>
I need some guidance:

Situation: My wife had filed the certificate that she had received from the union council in karachi, the embassy in islamabad sent her back with a blue letter with a 221 (g) asking for court documentation.

Question: How do I acquire a court document, and what are the necessary steps needed to get this done in karachi pakistan. If anyone has been through this please advice. Thank You.


You will probably get a better answer if you post this in your regional forum. Good luck! smile.gif
MargotDarkoFemaleUnited Kingdom2007-10-10 03:43:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMy fiance has a transit visa, can she stay?
My initital reaction is that it would be visa fraud as she would have the intention to immigrate upon entry, but from the post above mine it seems to be something to look into. Do be very careful though. smile.gif
MargotDarkoFemaleUnited Kingdom2007-10-11 04:18:00
IR-1 / CR-1 Spouse Visa Process & ProceduresA littile Confused about Counsular Processing
We have not had any reports so far of successfully requesting consular processing for the I-130 when the I-129f was also filed. We've had one report of someone clearly requesting it all over the I-130, but they still had the I-130 held and only the I-129f forwarded to the NVC. So as far as I can tell, they're not following what they said they would do unless there's some tricky, mysterious way to request it.
MargotDarkoFemaleUnited Kingdom2007-10-10 03:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 Processed at the Local Embassy
QUOTE (Haole @ Oct 12 2007, 03:43 AM) <{POST_SNAPBACK}>
QUOTE (constntvlocity @ Oct 11 2007, 04:29 PM) <{POST_SNAPBACK}>
QUOTE (Haole @ Oct 3 2007, 01:51 PM) <{POST_SNAPBACK}>
I don't know about military personnel but any USC that has lived in another country for 6+ months can do a DCF. Direct Consular Filing at that countries US enbassy. Lots faster than filing at USCIS in the states.


Thanks alot, But I've done some research, South Korea doesnt offer DCF.. I wish I did because ive heard many times it is much much faster then submitting it to USCIS... Thanks for your Input.. Good luck!

-Chris

I'd double check on that. Looks to me like they allow DCFs!
http://seoul.usembas...f_american.html


Definitely looks like it's allowed!

Something to remember is that DCF is just a slang term we use in the fourms - someone in an official office won't usually know what you mean. Just need to find out if your I-130 can be submitted and processed there. smile.gif
MargotDarkoFemaleUnited Kingdom2007-10-12 03:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs it necessary ?
If the co-sponsor is an actual co-sponsor filling out an I-864 and not just a household member filling out an I-864A, then yes get an employment letter (unless of course they are self-employed).
MargotDarkoFemaleUnited Kingdom2007-10-12 03:43:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFather To Be,Semper Fi! Rami prepares to Fly
QUOTE (trailmix @ Oct 11 2007, 04:10 PM) <{POST_SNAPBACK}>
QUOTE (MargotDarko @ Oct 11 2007, 08:26 AM) <{POST_SNAPBACK}>
For the baby to automatically be a USC if born in Jordan, your wife would have needed to spend at least two years in the US after she was 14 (and have five years in total).

However, there is still a process you can go through to gain citizenship for the baby instead of having to get a visa. I cannot quite remember who it was, but there is someone around who knows how it generally works. Of course if you can both get to the US before she is too pregnant to fly, that is all the better. Good luck! smile.gif


Hi Rami,

Congratulations. In order for your child to claim his/her U.S. citizenship, if he/she is not born in the U.S. you will have to file the I-130 and apply for permanent residency (because your wife does not meet the residency requirement - as Margo mentioned).

The Child Citizenship Act of 2000 allows certain foreign-born, biological and adopted children of American citizens to acquire American citizenship automatically. These children did not acquire American citizenship at birth, but they are granted citizenship when they enter the United States as lawful permanent residents (LPRs).

What Are the Requirements of the Child Citizenship Act of 2000?

The child must meet the following requirements:


- Have at least one American citizen parent by birth or naturalization;

- Be under 18 years of age;

- Live in the legal and physical custody of the American citizen parent; and

- Be admitted as an immigrant for lawful permanent residence. Link



Ta da! smile.gif I thought it was you, but didn't want to say just in case.

EDIT - Also it seems I didn't remember it quite right! I was thinking it meant no visa was needed.

Edited by MargotDarko, 11 October 2007 - 10:55 AM.

MargotDarkoFemaleUnited Kingdom2007-10-11 10:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFather To Be,Semper Fi! Rami prepares to Fly
For the baby to automatically be a USC if born in Jordan, your wife would have needed to spend at least two years in the US after she was 14 (and have five years in total).

However, there is still a process you can go through to gain citizenship for the baby instead of having to get a visa. I cannot quite remember who it was, but there is someone around who knows how it generally works. Of course if you can both get to the US before she is too pregnant to fly, that is all the better. Good luck! smile.gif
MargotDarkoFemaleUnited Kingdom2007-10-11 09:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffidavit of Support?
QUOTE (lheeanne @ Oct 10 2007, 11:56 PM) <{POST_SNAPBACK}>
If he still need a joint-sponsor;

he would use I-864 form and I-864A for his Co-sponsor


That is only correct if the main sponsor and the joint sponsor live together - thereby making the joint sponsor a household member. If they do not live together, then the joint sponsor is a real joint sponsor and must fill out the I-864 as well and meet the requirements on their own.
MargotDarkoFemaleUnited Kingdom2007-10-11 04:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffidavit of Support?
If he currently meets the requirements, no joint sponsor should be needed. The current situation is much more important than the previous three years. smile.gif
MargotDarkoFemaleUnited Kingdom2007-10-10 08:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan you give your suggestions for our unique situation?
Well... it's not going to be easy. You're eligible to file the I-130 with the embassy in Manilla, which is good. You can get her the CR-1 visa in a pretty short amount of time, and when she used it to enter the US, it would be endorsed and become a temp green card and then a two-year card would come in the mail. You proving US domicile could be quite a major road block if you don't intend to get a job in the US or set up residence, other than your mom's place, in the US.

But the point of her becoming a PR is to live in the US, not to be able to travel in and out often. PRs are supposed to make the US their main residence. A PR can stay out of the US for up to a year without abandoning their status, but anything over six to eight months tends to be looked pretty closely and she would need reasons, such as tying up loose ends in the Phillipines, for not settling properly in the US.

The even harder part is trying to gain citizenship for her. She has to spend a certain amount of time in the US with you over a certain number of years, and each time she's out of the US for more than six months, the clock restarts.

Your best course of action actually would be to decide when you'd want to focus on citizenship for her and then plan to live in the US as your main homebase for about four years (time to get green card, lift the conditions on the card, and become a naturalised citizen) and then go back to Phillipines as the main home base with trips back to the US.
MargotDarkoFemaleUnited Kingdom2007-10-25 09:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUSC Marriage Japanese - CR-1 Visa
Just for reinforcement, if you're leaning towards the CR1, go for it. You won't regret it. smile.gif
MargotDarkoFemaleUnited Kingdom2007-10-29 04:29:00
IR-1 / CR-1 Spouse Visa Process & Procedures3 hours arrested for domestic violence
QUOTE (usabug1111 @ Oct 28 2007, 10:33 PM) <{POST_SNAPBACK}>
I was arrested in 1999 for 3 hours for no contact(restraining order) a class A misdeemeaner and harassment a class C misdemeaner ,in alabama,The case nolle prossed . How will this impact my immigrant visa? at us embassy in amman,jordan


You say it happened in Alabama - are you the USC then? But then you mention "my" immigrant visa.
MargotDarkoFemaleUnited Kingdom2007-10-29 04:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864/I-134
QUOTE (YuAndDan @ Oct 22 2007, 10:13 PM) <{POST_SNAPBACK}>
but with the I-864 for the USCIS is more concerned with the Joint sponsor being a family member.


What do you base this statement on? It is not in the instructions.
MargotDarkoFemaleUnited Kingdom2007-10-23 05:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan Canadians apply for IR1/CR1 process? What about Minor Child?
QUOTE (trailmix @ Oct 30 2007, 11:39 PM) <{POST_SNAPBACK}>
QUOTE (MargotDarko @ Oct 30 2007, 04:49 PM) <{POST_SNAPBACK}>
If your interview would be in Montreal, you might find the wait for the CR1/IR1 quite a lot longer than the K3, but if it's Vancouver, I say definitely go for the CR1/IR1.


Just as an aside, CR1/IR1 for Canada must interview in Montreal, Vancouver only interviews K visa applicants (from Western Canada) so the wait is around 6 months for the interview - after you have completed all the jumping through hoops - I mean paperwork smile.gif


Oh! Thanks for that clarification. How awful to only have one place for immigrant visa interviews for the entire freaking country!
MargotDarkoFemaleUnited Kingdom2007-10-31 04:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan Canadians apply for IR1/CR1 process? What about Minor Child?
QUOTE (navigatingterrain @ Oct 30 2007, 04:38 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


Yep! In fact, it has quite a lot of advantages over the K3 visa. If your interview would be in Montreal, you might find the wait for the CR1/IR1 quite a lot longer than the K3, but if it's Vancouver, I say definitely go for the CR1/IR1.

The minor would also need a 1-130 and follow esstentially the same process and would receive a CR2/IR2. Either kind of CR/IR visa means you and the child would get a green card and be permanent residents as soon as you entered the states using the visa. The K3 and K4 visas are non-immigrant and would mean you both had to go through adjustment of status and you would have to wait 3 months from filing adjustment of status to get work authorisation.
MargotDarkoFemaleUnited Kingdom2007-10-30 17:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresReceived interview date!
Thanks everyone! I'll be sure to post an update Monday night! smile.gif
MargotDarkoFemaleUnited Kingdom2007-11-01 10:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresReceived interview date!
We received the interview date this past Monday, 29 October, and the interview is this coming Monday, 5 November! It was postmarked 26 October, so they actually arranged it with very little time in between! We sent the DS-230 and DS-2001 to the embassy in London on 12 October, so it's just barely over 3 weeks between sending the application and having the actual interview! Normally for London, when you receive the interview letter, the interview is about three or four weeks later from then. Thankfully we were able to get the day off work at short notice. I'm getting a bit nervous!

(I'm the USC, and the hubby is English. We're both in England, so we applied for the CR1 directly through London USCIS and the embassy)
MargotDarkoFemaleUnited Kingdom2007-10-31 04:50:00
IR-1 / CR-1 Spouse Visa Process & Procedurescan i volunteer while waiting for AOS and EAD
QUOTE (redoctober @ Nov 2 2007, 03:48 AM) <{POST_SNAPBACK}>
i just filed my I-130, I-485 and I-765 end of october. can i work as a volunteer for an international ngo while waiting for my EAD and AOS approval? or do i need to apply for a nonimmigrant diplomatic visa (wc is needed for non-citizens and non-LPRs if i want to volunteer there)?


If it is a position that would always be volunteer work and unpaid, then yes, feel free to volunteer. Volunteering would only be a problem if the position is normally paid. This info is true as long as the international ngo does not have any other additional requirements, but you could find that out by contacting them. smile.gif
MargotDarkoFemaleUnited Kingdom2007-11-02 04:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS-230 regarding minor children
QUOTE (RandyandRina @ Nov 2 2007, 11:45 AM) <{POST_SNAPBACK}>
It pertains to any children who are non-USC child. In your case, your child who was born outside the US but a USC because of the USC father, SHOULD NOT be listed as immigrating with you.


Question 19 says "List all children" so all children need to be listed no matter what citizenship they have or how old they are.

And question 21a says to list people from questions 14 and 19 who will "accompany" you to the states, not "immigrate", so it sounds wrong to me that someone was told not to put USC children there.

On my husband's form, we put my name there as I'm his spouse and I'm flying with him when he immigrates (I've been living in England with him for a couple years). It seems to me that not putting the child's name in 21a is like saying she is leaving the baby behind since the word is "accompany" not "immigrate".

Perhaps the NVC is looking for something different than what passes for okay direct through the embassy though. If it does mean "immigrate" instead of just "accompany", it should say "immigrate".

Edited by MargotDarko, 02 November 2007 - 09:14 AM.

MargotDarkoFemaleUnited Kingdom2007-11-02 09:11:00
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, 11:29 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?


She is not required to be in Canada until her interview. She just has to go to Canada for her interview. Otherwise, she just needs to follow the normal requirements for a Canadian visiting the states. She is not required to leave the US now until her normal visiting time is up (I believe it is six months for Canadians unless she received a stamp in her passport that says something different). Then if she wants to return again before getting the visa, she should bring a lot of evidence of going back to Canada because she will probably be questioned more than the average tourist.

Perhaps you already knew that, but I just wanted to make sure you knew she didn't have to leave right away if she hasn't already been for six months on this visit! smile.gif
MargotDarkoFemaleUnited Kingdom2007-11-02 04:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNVC doesn't like my I-864 income
QUOTE (rika60607 @ Nov 2 2007, 01:12 PM) <{POST_SNAPBACK}>
I thought the rule was that you can not use your foreign income to meet financial requirements, unless this income will continue after you move to the US?
You may have to find a co-sponsor, or to show that you have assets in the triple the amount you need for 3 years, or to get a notarized job offer from the US... at least this is all I can think about right now unsure.gif
I mean I know all this should not apply to you, as you should have been able to DCF mad.gif ,
but now this is where beaurocracy leaves you...

Rika


Yep, it's true that foreign income that won't continue after the move doesn't count. I am sure trailmix has either assets or a joint sponsor. The problem is just with the form itself. The instructions say to put your gross adjusted income, which is $0 for people who exclude all their foreign income and don't have US income, but now trailmix is being told she should have put her foreign income in dollars.
MargotDarkoFemaleUnited Kingdom2007-11-02 09:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNVC doesn't like my I-864 income
QUOTE (Toshiya @ Nov 2 2007, 05:53 AM) <{POST_SNAPBACK}>
Trailmix: So, what was decided in the end? For reporting your 2006/2005/2004 gross income, are you supposed to put $0? or your real income from Canada? thanks.


It is frustrating and confusing. If you follow the exact instructions on the I-864, her income should have been $0 but then it often turns out to be a problem and seems they're actually expecting to see foreign income in dollars. My hubby's interview is Monday in London and we're going to bring two versions of my I-864 - one with $0 as I only have foreign income, and one with my foreign income listed in USD. But those going through NVC instead of doing DCF don't have that luxury.
MargotDarkoFemaleUnited Kingdom2007-11-02 04:25:00
IR-1 / CR-1 Spouse Visa Process & Procedureshow to cancel k3?
It's okay. You don't really need to do anything - just ignore the K3 stuff and do all the CR1 stuff. They may not even send packet 3 for the K3, but if they do, all you have to do is ignore it and it will just get cancelled.
MargotDarkoFemaleUnited Kingdom2007-11-02 04:38:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSS ,Green Card and POE
QUOTE (Mononoke28 @ Nov 5 2007, 05:56 PM) <{POST_SNAPBACK}>
Without a SS# your SO cannot work in the US and it may take up to 8 weeks for them to issue one.

Diana


It's not that it's illegal. It's just that most employers will not hire without a SSN.
MargotDarkoFemaleUnited Kingdom2007-11-06 04:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresK3 or not to K3. What is next?
QUOTE (kjt9438 @ Nov 6 2007, 03:04 PM) <{POST_SNAPBACK}>
Hello,
I have been reading through several of the threads and am picking up some good information along the way. But if you dont mind I would like to just come right out and ask a question.

First of all I submitted an I-130 pettition and received a "Notice Of Action". The recieve date is July 24th but the notice date is August 8th. Since August 8th nothing has been done. I check almost daily at the USCIS web site. Now 3 months has passed and I am wondering if I need to go ahead and file a 129F to get a K3\K4 VISA issued. I miss my wife so very much and I am spending much money flying back and forth every month.

Last, I was told or I read somewhere that my 12 year old step daughter could come to USA on her mother's Visa since she was a minor child. I just read here that she needs her own I-130 petition. Is this correct??

Many Thanks

KJT9438


Your step-daughter could come with a K4 visa on your wife's K3, but if you do not file the I-129f, then yes, you must file a I-130 for the step daughter. Immigrant visas, which will come out of the I-130 petitions are much better, but since you haven't already filed the I-130 for your step daughter, it may still be in your best interest for go for the non-immigrant K3/K4 visas. They won't save much if any time at this point though on your wife's process, but it would probably mean bringing your step-daughter along with her happen faster.

If it would be okay for the step daughter to follow a few months after your wife, I would file the I-130 for the step daughter asap and not file the I-129f for your wife.

Edited by MargotDarko, 06 November 2007 - 11:33 AM.

MargotDarkoFemaleUnited Kingdom2007-11-06 11:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR what?
Just to make it clear, the only difference between the conditional green card and the 10-year green card is that with the conditional, two-year card, you need to remove conditions after two years. You do not have any less rights or anything like that. smile.gif
MargotDarkoFemaleUnited Kingdom2007-11-07 04:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 interview in London - Approved!
Thanks, everyone!

And now we even have the visa!! It came this morning just before 8AM. It definitely feels more real and exciting now that we can actually see the visa in his passport! smile.gif
MargotDarkoFemaleUnited Kingdom2007-11-07 04:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 interview in London - Approved!
Hello! Just wanted to write a quite note to say everything went just fine yesterday. There were no troubles at all with me entering the embassy with the British hubby, and at the actual interview part, she didn't ask him any questions! She just asked me two quick questions - if I was the petitioner and if I had a residence in the US. Then she said in a nice way that the case was complete and as long as Chris doesn't have an FBI record he'll have the visa within the week. I've written a review with more details in the the interview review section.

I have to admit, it was all a bit anti-climatic and I felt almost depressed afterwards! How weird is that? I'm still feeling really tired from getting up at 4:30 AM yesterday and traveling and being worried until getting home at 1:30 PM yesterday afternoon. I managed a nap though and I managed to make it into work today. I am hoping/guessing it will be more exciting and nice when we actually have his passport back with the visa in it.
MargotDarkoFemaleUnited Kingdom2007-11-06 11:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-824 Is this really neccessary for forwarding I-130 to NVC
QUOTE (boxter @ Nov 8 2007, 02:22 AM) <{POST_SNAPBACK}>
Thanks MargotDarko for the swift reply.

My problem is both the I-129F and the I-130 were approved at the same time by the USCIS on Oct. 24. I guess with this situation, I can never tell if I should or should not go thru with the I-130. Can you give me some advice? I just want the fastest route but both were approved exactly at the same time by the USCIS.

Also, I'd like to confirm the I-824 has to be filed for the I-130 only to be forwarded to the NVC right? there is no need for the I-129F to file I-824?


Thanks so much


As pushbrk said, if you want the fastest route, do not file the I-824. The I-129f may already be on its way to the NVC and then will soon be on its way to the embassy. The I-824 would only be used to push the I-130 through to NVC. It's a standard thing now to hold the I-130 at USCIS and only put through the I-129f to NVC when both are filed and approved close together.
MargotDarkoFemaleUnited Kingdom2007-11-08 04:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-824 Is this really neccessary for forwarding I-130 to NVC
QUOTE (boxter @ Nov 7 2007, 04:49 AM) <{POST_SNAPBACK}>
I received the approval of my I-130 today from the USCIS. It is stated in the approval notice that in order for my petition to be forwarded to the NVC I have to file Form I-824, Application for action on an approved application or petition. There is a fee for this application amounting to $340. I just want to ask anybody if they have done something similar to this? The fee is big and I don't want make a mistake.

I have always thought that it is automatic that the petition gets forwarded in the NVC by the USCIS after the USCIS approves the petition. Then why do I have to pay the USCIS to forward my petition to the NVC?


Please help


If you also have an approved I-129f, then yes, you must file the I-824 to get the I-130 forwarded to the NVC. It's been reported that it takes about six months. So if your I-129f is on its way or has already been to NVC, I would not bother with forwarding the I-130 in most cases. If you want to adjust status in the states after entering with the K3, do not file the I-824.
MargotDarkoFemaleUnited Kingdom2007-11-07 04:22:00