ForumTitleContentMemberSexCountryDate/Time
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
IR-1 / CR-1 Spouse Visa Process & ProceduresIs there no other option?
QUOTE (Morra @ Nov 9 2007, 07:26 PM) <{POST_SNAPBACK}>
My husband of 2 yrs & father of my son for 4 yrs has recvd his approved I-130 July 2007. We were told that his visa packet which he has recvd is invalid due to the fact he has resided in the US for 2 yrs (due to our marriage). He must go back to his country & go to the embassy & hopefully they will pardon him & give him a visa (Cannot return for up to 10 yrs in Mexico, it may take up to 10 years). My husband is a family man (which also raises my older 2 children from previous marriage-no financial support from that marriage), law abiding & has even taught himself within 2 yrs to speak & write english. We want to do the right thing but we are in sorrow that he will have to be without his family for up to 10 years.
sad.gif Has anyone been thru this? .



I also recommend seeking a good immigration lawyer. A lot of lawyers will give free consultations in order for you to figure out whether or not you want to work with them. While the 10 ban is a real threat, it does not have to happen to your family. He will have to go back to Mexico for the visa interview, and he will be denied at first for having entered the US illegally, but many couples have successfully filed hardship waviers (need to prove that your husband not being in the US with you would cause extreme hardship to you and your children, and a good lawyer can help you fill out the form and write the letter properly) and have been able to be reunited in much, much less than 10 years. Good luck with your journey!
MargotDarkoFemaleUnited Kingdom2007-11-12 04:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs it possible to join my spouse to USA after marriage
QUOTE (vikasintl @ Nov 13 2007, 06:10 PM) <{POST_SNAPBACK}>
You mentioned 'you could go visit for a while and then return to India for the K1 interview so you could at least shorten that six to eight months waiting period.'
This is what I was thinking if I get visitors visa...I would still come back ..to cancel visitors visa status and will be ready for k1 interview...but I was wondering ...if my application for visitors or business visa will affect negatively on my k1 visa?

Also what are you views for business visa?rather than visitors visa?


Nope. A visitor's visa or a business visa (don't anything specific about those) will not mess up your K1 application as long as you abide by the rules of the visa.

I don't quite know what you mean by "business visa" though. It's not something I'm familiar with.
MargotDarkoFemaleUnited Kingdom2007-11-14 05:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs it possible to join my spouse to USA after marriage
QUOTE (vikasintl @ Nov 13 2007, 01:48 PM) <{POST_SNAPBACK}>
Thanks for your resposne,
you know the reason why we were thinking if we can get visitors visa immediately after marriage to join with her when she returns because we were not ready to be separated for 6-8 months for finace visa to process...

Is there any other legal way to make it faster?


QUOTE (MargotDarko @ Nov 13 2007, 03:01 PM) <{POST_SNAPBACK}>
They are almost certainly going to deny you a visitor's visa, especially after getting married to a USC. Even you did get a visitor visa, you could not use it to move to the US and adjust status and stay - that would be visa fraud.

The fastest way for you to legally get to the US would be for her to file the I-129f for the K1 after you meet in India. As long as there are no snags, that would take about seven or eight months I believe after filing. She can spend some of that time in India with you though. She could even file the I-129f while still in India as long as she has someone she trusts in America who she could send forms and documents to for them to mail on for her.



I think you're probably better off going for the fiance visa. The spousal visa (CR1 for you) would actually take more like a year or even more. And once married, you would be 99.99% sure to get a denial for a visitor's visa application.

Unfortunately, there really isn't a way to legally make it go faster than the fiance visa in your situation. If you were able to obtain a visitor's visa (which would be exceptionally hard), you could go visit for a while and then return to India for the K1 interview so you could at least shorten that six to eight months waiting period. You just couldn't go on a visitor's visa and then stay.

So I guess it's worth a shot to go for the vistor's visa. Actually, I would recommend starting that process right away if you want to go for the visitor's visa. If you have strong ties to India - family, job, property, etc - you might just get one. As long as you adhere to the rules of visa, it's okay to use while simultaneously applying for the K1 visa. And if the visitor's visa is denied, that doesn't have any negative effect on the K1 application. So you only have money and effort to lose.

Another note is that the visitor's visa does not gurantee you entrance to the US. If they believe you might use the visitor's visa to stay and try to adjust status, you would get denied entry and have to return to India without even seeing her.
MargotDarkoFemaleUnited Kingdom2007-11-13 09:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs it possible to join my spouse to USA after marriage
They are almost certainly going to deny you a visitor's visa, especially after getting married to a USC. Even you did get a visitor visa, you could not use it to move to the US and adjust status and stay - that would be visa fraud.

The fastest way for you to legally get to the US would be for her to file the I-129f for the K1 after you meet in India. As long as there are no snags, that would take about seven or eight months I believe after filing. She can spend some of that time in India with you though. She could even file the I-129f while still in India as long as she has someone she trusts in America who she could send forms and documents to for them to mail on for her.
MargotDarkoFemaleUnited Kingdom2007-11-13 04:31:00
IR-1 / CR-1 Spouse Visa Process & Proceduresshould I try for business visa to meet in person
Ah, I see. You meant a B1 visa in your other post. You won't get a B1 visa by saying you want to set up a business with your fiancee. You should go for the visitor visa instead even though that's a longshot - it would be a better bet than the B1 for you.
MargotDarkoFemaleUnited Kingdom2007-11-14 05:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWe split, and he went back
He can use the green card and you're still bound by the I-864 - so if he claimed needs-based assistance, the gov't could claim it from you. If you divorce before he needs to file for removal of conditions (which is done in the 90 day window before his greencard expires, so sometime in Feb to May 2009), then he can file for removal of conditions on his own and would probably be able to prove that the relationship was entered into in good faith and therefore get his 10 year green card and three years after that be eligilble for citizenship. I am not sure what your obligations would be then, but I think you would continue to still be bound by I-1864 until he met one of a list of conditions, such as becoming a citizen or working 40 quarters(someone please correct me if that's wrong).

If you remain separated but not divorced, he would need your involvement to remove conditions on his current green card.
MargotDarkoFemaleUnited Kingdom2007-11-20 09:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisiting with intent to get married...
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
MargotDarkoFemaleUnited Kingdom2007-11-19 10:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNew Joint Sponsor questions
QUOTE (Misty1979 @ Nov 29 2007, 06:42 AM) <{POST_SNAPBACK}>
I should also add that my husband's income is only about $2000 of the required income. He is a full-time college student and receives benefits from Veteran's Affairs for serving in the Coast Guard. We considered having him pick up a part time job, but by the time we realized we had a problem (when my FIL passed away) we figured it was not enough time for him to secure a part time job and all the necessary documentation before the interview.
I'm hoping they take his *almost* sufficient income into consideration when they review the truckload of paperwork I bring in for my interview next week.


Are you missing the word "short" here? It seems you're saying that your husband's income is only $2,000 a year below the requirement. I think it would be truly truly weird if your joint sponsor with that much cash plus three properties wasn't considered sufficient. Especially as you're coming from Canada and your husband is currently a full-time student who therefore will have the potential and time in the near future to earn a lot more. The $90,000 (assuming the money market is accessible within one year) plus the assesment of one property is more than enough for a household size of 2 (you and your mother-in-law as I assuming she does not have anyone besides herself in her household at this time) especially when the main sponsor almost earns the requirement by himself.

Hmm... Does she own the property free and clear? If not, will the equity be $70 - $80,000k or will that be just the actual value of the house?
MargotDarkoFemaleUnited Kingdom2007-11-29 09:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI 130 / Tunisian Husband
There aren't any more surprises fees for this point of the process! smile.gif You first paid the fee to file the petition. The $70 is for the affidavit of support processing and the $380 is for the visa itself - it is call the IV fee bill (IV stands for "immigrant visa"). The woman on the phone may have mentioned the DS-230 form at that point, which is the actual visa application. Then there's the medical. But there are no other fees before he has entered the country.

And, as you know, with the CR1 immigrant visa, which you're on track for, he'll be able to work right away and will have a temp green card immediately and two-year card within a matter of weeks. So while the process seems hard and long right now, it will be great in the end.
MargotDarkoFemaleUnited Kingdom2007-11-30 10:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCosponsorship queries
QUOTE (Delicia @ Dec 3 2007, 05:30 AM) <{POST_SNAPBACK}>
The only thing I know is co-sponsorship is a anther family member within the household and a join sponsor is someone outside the household. I can't answer the remaining questions.


This isn't true. Someone within the household adding their income to total is called a "household member" and completes a I-864A. There is no official "co-sponsor" - it's just another word used casually when describing a "joint sponsor" who fills out the I-864. smile.gif
MargotDarkoFemaleUnited Kingdom2007-12-03 04:43:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS-230, Education?
My husband wrote down everything, including grammar school. So just put all details. smile.gif
MargotDarkoFemaleUnited Kingdom2007-12-03 09:00:00
IR-1 / CR-1 Spouse Visa Process & Proceduresdirect consular filing
With your previous AOS denial, you have a very complex situation and should rely only on information from a good immigration lawyer who knows your whole case. While your wife is eligible for filing in London, I can't advise that you do it without talking to a good immigration lawyer.

Edited by MargotDarko, 07 December 2007 - 10:20 AM.

MargotDarkoFemaleUnited Kingdom2007-12-07 10:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresEntering USA and leaving next week
QUOTE (abaad @ Dec 5 2007, 09:59 AM) <{POST_SNAPBACK}>
Hi folks

I need to enter USA to basically save my CR-1 visa from expiry and leave as soon as possible. Which means I won't be able take my green card and SSN card with me . And I plan to come back to USA in September most probably for permanent residence.

So entering and leaving so quickly, could that cause any complication for me when I return in September?


Regards


You won't have automatically abandoned your status, but you will most likely be closely questioned. You will need to have valid reasons for being in the US so little. The point of obtaining the CR1 visa is to move to the US and establish permanent residence in the US. Only one quick trip to the US with your visa to get it endorsed as a one-year temp green card will look very strange, and I imagine you will have a hard time proving that you have taken steps to set up your residence in the US.

Although you can leave the US for up to a year with a greencard without a re-entry permit, anything over 6 months stops the clock on the 3 years you need to apply for citizenship and will also be more closely looked at upon return. I would be careful and try to rearrange your plans unless you are prepared to go through the visa process again - not that you will definitely need to, just that it's possible.
MargotDarkoFemaleUnited Kingdom2007-12-05 05:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPregnant wife considerations
I'm sorry to say that it will not be possible. In order to come before the baby is born, she would have to have the visa by April to be safe to fly really and with the new longer wait timetimes for NOA2, it is likely it will be closer to or even past November of next year before she'll have an immigrant visa. Expediting would be for people in the US military who were about to be deployed out of the country.

If you have been a USC for at least five years and have lived in the US for at least five years (two of which after you were 14), then the baby will automatically be a USC and only need a passport to travel with your wife to live in the US.
MargotDarkoFemaleUnited Kingdom2007-12-11 11:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAdvanteges Spouse of US citizen over Spouse of LPR
Pushbrk is saying that for a USC, gaining an immigrant visa for their spouse generally takes a year or less. For an LPR, it can take several years. So yes, there is a HUGE advantage to filing the I-130 as a USC rather than an LPR. However, an LPR could file and then notify USCIS if they became a citizen, which would cause the petition to then move faster.
MargotDarkoFemaleUnited Kingdom2007-12-13 04:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTimeline
QUOTE (christinejohn @ Dec 12 2007, 06:05 PM) <{POST_SNAPBACK}>
Hello all,

According to our timeline our I-130 should have been approved on November 30th. So as suggested, on December 11th my husband called USCIS who almost resented him for calling and told him it's not reached the average time yet so in other words to stop bothering them about it.

I'm surprised nothing is moving but most of all why are there timelines then if USCIS doesn't care about them?

Do any of you have any idea of what could be done next to get answers about our approval?

Thank you for your time and good luck to you all waiting also!

Christine.


How frustrating. Even with the current backlog, that still seems longer than usual to me. I would definitely call again if you don't have approval by 180 days, which is basically six months. It really shouldn't take more than six months to get from NOA1 to NOA2. Good luck! smile.gif
MargotDarkoFemaleUnited Kingdom2007-12-13 04:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDo we need a lawyer any more???
QUOTE (natashenika @ Jan 7 2008, 07:26 AM) <{POST_SNAPBACK}>
My case was complete in the NVC on December 20th last year, hopefully this week I'll get scheduled for the February interview in KIEV. My question is do we need to keep our lawyer or we don't need him any more? the reason why I'm asking is that to have an attorney is not that helpfull I got more info from this forum and the only thing I got from him is endless bills and RFEs from USCIS and NVC so we want to tell him: "thanks ....... we don't need your help any more" but I'm not sure if we really don't need him or there is anything that NVC might send him or something we mght need from him for the future.
thanks for your response
Natasha


If you feel comfortable doing it on your own and if your case is straightforward, then there is no real reason to keep him on, especially as it sounds like he has caused some minor problems so far.

Edited by MargotDarko, 07 January 2008 - 05:08 AM.

MargotDarkoFemaleUnited Kingdom2008-01-07 05:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresK3 or IR-1 ??
QUOTE (Shamim @ Jan 11 2008, 07:49 AM) <{POST_SNAPBACK}>
Hello,

My wife received packet 3 for K3 visa and at the same time we are waiting for our IR-1 case to be completed at NVC. Obviously we want to pursue IR-1. If my wife responds to the K3, she might get an interview date at end of this month, meanwhile, IR-1 case can be completed. Question is, can we then request to Embassy to reserve the K3 interview date for IR-1?

Please advise....


You can request it, but unless the case is complete and with the embassy, they would not be able to make it the same day. It is worth delaying the interview though and going for the IR-1 instead of course. smile.gif
MargotDarkoFemaleUnited Kingdom2008-01-11 04:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMistake on visa?
This thread is pretty crazy and has quite of bit misinformation or misleading information.

To the OP - just in case it is not clear - right now, you have a CR1 visa, and it is correct that it is valid for six months only. You have six months to enter the US. When you enter, the CR1 visa will be stamped and will then become a 551 which serves as a temporary green card for one year.

YuAndDan has made a good suggestion about waiting to enter the US until after the second wedding anniversary. It would really save you money and hassle in the long run. It would mean that after entering, you wouldn't have to deal with USCIS much until you were ready to file for naturalisation.

If you enter before your second wedding anniversary, you will only receive a two-year green card, which means that 90 days short of two years after entering, you would have to pay at least $545 USD (may be more by then) and file the I-751 with a whole bunch of supportting documents to remove the conditions on your greencard. Of course your daughter is more important, but if I were you, I would try to be very creative about how I could wait until after the second wedding anniversary to enter the US. It would be so nice to enter knowing you were free and clear for years! smile.gif
MargotDarkoFemaleUnited Kingdom2008-01-10 07:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSpouse Visa for a Russian citizen

Margot--I cannot thank you enough! You have been so helpful answering all of my questions so quickly! Now, a few more details: I am still in Moscow right now, and will be here until August 28th. What can I do from here, without being in the United States? I only today decided to go the immigration route, so I'm kind of lost! We need to apply for the I-130 before the K3, is that correct? And what is the I-129f? Are those the first two things that need to be done? Is there a section of this site that explains the process step by step? And can I do anything here , or do I need to wait until I go to the U.S.? Can I have my parents prepare something for me? As for the marriage certificate, should I have the original in the United States, or should my husband keep it with him here in Moscow? And what is the G-325a? Sorry for bombarding you with questions. Thanks in advance! p.s. Regarding taxes, I did not make money over the threshold anywhere, so I guess if I call the IRS they could maybe just provide me with some document that would say that?


Glad to help. :)

Are you just visiting in Moscow? If you have any type of resident visa, you may be able to file directly with the US embassy in Moscow. If you are just a visitor though, you wouldn't be able to do that.

You can prepare the package while you're still in Moscow as long as you have access to a printer. I would leave the original marriage certificate with your husband and keep some copies with you. The original will need to be brought to his interview. If like someone else says the post in Russia is not fast or reliable, you are probably better off waiting to send it as soon as you've returned home.

The guides here are good. Follow the K3 guide. The I-130 is a petition for an alien relative to apply for an immigrant visa, and you will use the I-129f petition for your husband to be able to apply for the K3 visa (which a non-immigrant interim visa that should be processed faster than the immigrant visas). The G-325a is the bio form about you both. It's explained in the guide. The guide will tell you which forms you need. Here's a link to all the most up to date forms - http://www.uscis.gov...00045f3d6a1RCRD

So your next step is to prepare the I-130 and the I-129f and gather the documents that need to be submitted with them. Get it altogether in a package to be mailed when you land in the US. The US money order for the filing fee ($355) will be easier in the US - maybe your parents could do that part for you now.

Do everything you can to do it as quickly as possible. You are still shaving it very close and it's possible he won't have the K3 in time. The regional folder here for Russia should have some more help specific to the K3 process through the embassy in Moscow. Good luck! :)
MargotDarkoFemaleUnited Kingdom2007-08-01 05:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSpouse Visa for a Russian citizen

Hello Everyone! I have a question concerning a visa for my husband (as of one and a half weeks!). I am American, but my husband is Russian. He lives in Moscow, and I am currently studying in Canada. We got married here in Moscow, but only the ZAGs wedding. We are planning a second, church wedding in New York for next May. That will be the one for my family and friends. I have already reserved a reception venue and made arrangements with the pastor and the church for next May, so everything is set--except for my husband's visa. He has never been to the States, or out of the country in general, except to Turkey. He applied for a tourist visa once, but was denied. After the wedding, we are coming back to Moscow for one year, because I will be doing my graduate coursework in Mosocw. But after that year, we are planning on moving to the States. So the problem is, what type of visa should he apply for? With an immigration visa you have to spend more than half of the year in the United States, but we are coming back to Moscow after the wedding. So I was thinking that he needs a tourist visa, but I have heard that he is not guaranteed a tourist visa just because he is married to an American citizen, and that they may be suspicious that he will try to stay there on a tourist visa. I am really worried about the fact that he may be denied after I have made all the wedding arrangements there already. He really just needs to go over for 1-2 months, that's it. So is a tourist visa the best way to go? Besides the necessary documents, I guess I write him the invitation, and also I will try to provide a copy of the reception contract and a letter from the pastor. Unfortunately, I don't have any documentation from the graduate program yet, that would prove I'm coming back to Moscow. Has anyone had a similar situation? Any advice would be helpful, concerning type of visa, approximate processing times, how to improve his chances, and what's the possibility of him getting turned down?
Thanks a lot!
Alexandra


The possibility of the tourist visa being denied is unfortunately very high. Have you made any wedding arrangements yet? I suggest looking into the requirements for him to visit Canada and perhaps have the church wedding there in a border city close to your relatives.



Yes, the thing is, I have made all the arrangements! The reception venue is booked, the arrangements with the church and pastor have been made! Money has been paid and contracts signed! This is not looking good now, I don't know what to do! Any other suggestions?


Oh dear... when is the date? Sometime in May? That may be enough time to get a K3 visa if the tourist visa is denied, but with the K3 he'd have some complications with going back to Moscow for a whole year, but I don't think those complications are insurmountable. I'm not sure about the timelines for a K3 for the embassy in Russia though. Something that would help the tourist visa application is proof of your studies in Moscow, especially if you've already been accepted somewhere and paid some tuition fees.


Yes, the wedding date is May 18th. You know, I was thinking that maybe the K3 is the way to go. My only questions then would be concerning financial issues. Since I am a student, I do not own property, and I do not have a huge bank account--i.e., I cannot prove that I can support my husband in the United States. We would be living with my parents at first, and then find a place to rent--do you know if it is possible to use my parents' financial information to support him? And also I did not do my taxes last year becasue I was living and studying in Canada and therefore did not work in the U.S., and also because I was a dependent of my parents (before I got married, that is, which was just over a week ago). Any insight on these issues? If that can be worked out, then maybe I should skip the tourist visa and we should just try for the K3 and later apply for the exemption, because unfortunately at this point I have no documents proving my future studies in Moscow.


Yeah, sounds like starting asap on the K3 is the way to go. You'll need a joint sponsor - hopefully your parents would be willing and able.

When you convert your earnings in Canada to USD, is it more than the threshold before having to filing? If so, you'll need to backfile. www.irs.gov is a good site and calling their helpline is surprisingly helpful. No matter where a USC lives in the world, if they earn over the filing threshold they're supposed to file a tax return. Income up to $82,000 something can be excluded so you don't have to pay any taxes just file. It doesn't matter if you were a dependant of your parents - if you earned over the threshold, you still have to file. Call the IRS though - they'll help you sort it out.

All the financial stuff can be worked out later once the I-129f is approved and being processed at the NVC. I would get the I-130 and the I-129f in the mail ASAP. Have your husband print off the G-325a form (all four) sign them and send them to you quickly. That's all he needs to do at this point though I believe.

EDIT - Do you have the marriage certificate? If it's Moscow, get him to mail a copy to you quickly.

Edited by MargotDarko, 01 August 2007 - 04:50 AM.

MargotDarkoFemaleUnited Kingdom2007-08-01 04:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSpouse Visa for a Russian citizen

Hello Everyone! I have a question concerning a visa for my husband (as of one and a half weeks!). I am American, but my husband is Russian. He lives in Moscow, and I am currently studying in Canada. We got married here in Moscow, but only the ZAGs wedding. We are planning a second, church wedding in New York for next May. That will be the one for my family and friends. I have already reserved a reception venue and made arrangements with the pastor and the church for next May, so everything is set--except for my husband's visa. He has never been to the States, or out of the country in general, except to Turkey. He applied for a tourist visa once, but was denied. After the wedding, we are coming back to Moscow for one year, because I will be doing my graduate coursework in Mosocw. But after that year, we are planning on moving to the States. So the problem is, what type of visa should he apply for? With an immigration visa you have to spend more than half of the year in the United States, but we are coming back to Moscow after the wedding. So I was thinking that he needs a tourist visa, but I have heard that he is not guaranteed a tourist visa just because he is married to an American citizen, and that they may be suspicious that he will try to stay there on a tourist visa. I am really worried about the fact that he may be denied after I have made all the wedding arrangements there already. He really just needs to go over for 1-2 months, that's it. So is a tourist visa the best way to go? Besides the necessary documents, I guess I write him the invitation, and also I will try to provide a copy of the reception contract and a letter from the pastor. Unfortunately, I don't have any documentation from the graduate program yet, that would prove I'm coming back to Moscow. Has anyone had a similar situation? Any advice would be helpful, concerning type of visa, approximate processing times, how to improve his chances, and what's the possibility of him getting turned down?
Thanks a lot!
Alexandra


The possibility of the tourist visa being denied is unfortunately very high. Have you made any wedding arrangements yet? I suggest looking into the requirements for him to visit Canada and perhaps have the church wedding there in a border city close to your relatives.



Yes, the thing is, I have made all the arrangements! The reception venue is booked, the arrangements with the church and pastor have been made! Money has been paid and contracts signed! This is not looking good now, I don't know what to do! Any other suggestions?


Oh dear... when is the date? Sometime in May? That may be enough time to get a K3 visa if the tourist visa is denied, but with the K3 he'd have some complications with going back to Moscow for a whole year, but I don't think those complications are insurmountable. I'm not sure about the timelines for a K3 for the embassy in Russia though. Something that would help the tourist visa application is proof of your studies in Moscow, especially if you've already been accepted somewhere and paid some tuition fees.

Edited by MargotDarko, 01 August 2007 - 03:59 AM.

MargotDarkoFemaleUnited Kingdom2007-08-01 03:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSpouse Visa for a Russian citizen

Hello Everyone! I have a question concerning a visa for my husband (as of one and a half weeks!). I am American, but my husband is Russian. He lives in Moscow, and I am currently studying in Canada. We got married here in Moscow, but only the ZAGs wedding. We are planning a second, church wedding in New York for next May. That will be the one for my family and friends. I have already reserved a reception venue and made arrangements with the pastor and the church for next May, so everything is set--except for my husband's visa. He has never been to the States, or out of the country in general, except to Turkey. He applied for a tourist visa once, but was denied. After the wedding, we are coming back to Moscow for one year, because I will be doing my graduate coursework in Mosocw. But after that year, we are planning on moving to the States. So the problem is, what type of visa should he apply for? With an immigration visa you have to spend more than half of the year in the United States, but we are coming back to Moscow after the wedding. So I was thinking that he needs a tourist visa, but I have heard that he is not guaranteed a tourist visa just because he is married to an American citizen, and that they may be suspicious that he will try to stay there on a tourist visa. I am really worried about the fact that he may be denied after I have made all the wedding arrangements there already. He really just needs to go over for 1-2 months, that's it. So is a tourist visa the best way to go? Besides the necessary documents, I guess I write him the invitation, and also I will try to provide a copy of the reception contract and a letter from the pastor. Unfortunately, I don't have any documentation from the graduate program yet, that would prove I'm coming back to Moscow. Has anyone had a similar situation? Any advice would be helpful, concerning type of visa, approximate processing times, how to improve his chances, and what's the possibility of him getting turned down?
Thanks a lot!
Alexandra


The possibility of the tourist visa being denied is unfortunately very high. Have you made any wedding arrangements yet? I suggest looking into the requirements for him to visit Canada and perhaps have the church wedding there in a border city close to your relatives.
MargotDarkoFemaleUnited Kingdom2007-08-01 03:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMedical/Vaccinations

Hiya folks,

Just wondering if any of you had troubles at the Medical. As I understand it, my immigrant hubby needs to get all vaccinations done so he can provide proof of this at the medical. Is that right? We have a list of 12 vaccinations and anticipate the medical in about 1 month, and now we're having trouble with National Health Service and getting him into an appointment as soon as possible. I just wanted to know if any of you have been through this and have any advice as to any possible problems with the medical that we should prepare for.

Many thanks!!!


You don't have to have them done before the medical. They can do them there, it's just that it's pretty expensive. He doesn't have to have all the vaccinations on the list. Look at the age requirements - he only needs the ones where he falls into the age category for it.

What trouble are you having getting him an appt? It seems strange that it would take more than a couple weeks to get in to see his GP.

actually for the CR1 visa which the OP is going for you need the vaccinations before the interview..

but MargotDarko is right, you probably don't need all the vaccinations, there are different age requirements...

here is a chart to see which ones your hubby will need...
http://www.usembassy...ccinechart.html


I was saying he doesn't need them before the medical. And actually, he wouldn't need the medical or vaccinations before the interview either. He just wouldn't be approved for the visa until the medical and vaccinations were done sucessfully. Sometimes people do the interview and medical on the same day and get approved for the visa pending medical results. :)

yeah, that is right :thumbs:

I just misinterpreted your statement.. :blush:


That's okay :)
MargotDarkoFemaleUnited Kingdom2007-08-02 08:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMedical/Vaccinations

Hiya folks,

Just wondering if any of you had troubles at the Medical. As I understand it, my immigrant hubby needs to get all vaccinations done so he can provide proof of this at the medical. Is that right? We have a list of 12 vaccinations and anticipate the medical in about 1 month, and now we're having trouble with National Health Service and getting him into an appointment as soon as possible. I just wanted to know if any of you have been through this and have any advice as to any possible problems with the medical that we should prepare for.

Many thanks!!!


You don't have to have them done before the medical. They can do them there, it's just that it's pretty expensive. He doesn't have to have all the vaccinations on the list. Look at the age requirements - he only needs the ones where he falls into the age category for it.

What trouble are you having getting him an appt? It seems strange that it would take more than a couple weeks to get in to see his GP.

actually for the CR1 visa which the OP is going for you need the vaccinations before the interview..

but MargotDarko is right, you probably don't need all the vaccinations, there are different age requirements...

here is a chart to see which ones your hubby will need...
http://www.usembassy...ccinechart.html


I was saying he doesn't need them before the medical. And actually, he wouldn't need the medical or vaccinations before the interview either. He just wouldn't be approved for the visa until the medical and vaccinations were done sucessfully. Sometimes people do the interview and medical on the same day and get approved for the visa pending medical results. :)
MargotDarkoFemaleUnited Kingdom2007-08-02 08:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMedical/Vaccinations

Hiya folks,

Just wondering if any of you had troubles at the Medical. As I understand it, my immigrant hubby needs to get all vaccinations done so he can provide proof of this at the medical. Is that right? We have a list of 12 vaccinations and anticipate the medical in about 1 month, and now we're having trouble with National Health Service and getting him into an appointment as soon as possible. I just wanted to know if any of you have been through this and have any advice as to any possible problems with the medical that we should prepare for.

Many thanks!!!


You don't have to have them done before the medical. They can do them there, it's just that it's pretty expensive. He doesn't have to have all the vaccinations on the list. Look at the age requirements - he only needs the ones where he falls into the age category for it.

What trouble are you having getting him an appt? It seems strange that it would take more than a couple weeks to get in to see his GP.

Edited by MargotDarko, 02 August 2007 - 04:30 AM.

MargotDarkoFemaleUnited Kingdom2007-08-02 04:30:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTraveling while having residency (LPR) Residency Requirments

My husband and I currently live in Peru. We did a waiver and finally got news that it was approved. My husband picked up his visa recently and he's ready to travel.
On the visa, it says "IV expires on..." which is set for a date of 6 months from now. So that means he needs to travel by this date, right?
Now, say for example he travels every 5 months from Peru to U.S, until he can become a citizen, would this be a problem?
I know there is residency requirements which state the LPR must NOT remain outside U.S for MORE than a year. But say that he would spend less than 6 months outside the U.S. Just wondering if this would be a problem. Could USCIS say my husband "abandoned" his residency?

Thanks a lot for your replies.


Yes, he needs to enter the US on the visa before it expires. Then, he will receive his green card. Keeping residency can be a bit tricky. You're right that if he were to leave for more than a year, he would have abandoned it unless he had a re-entry permit. However, even with smaller amounts of time, it's up to the immigration officer to determine. So, he should spend as little time as possible out of the country, especially as you've had a hard road just getting this visa.

Also, there are other requirements for citizenship beside just having the green card for 3 years. I don't know the exact amount of time, but it's based on time actually spent in the US, not just the time he's had the card.
MargotDarkoFemaleUnited Kingdom2007-08-10 05:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresJust got to the US, ready to petiton my hubby and kid, pls help!

Since you haven't worked before you can use a co-sponsor who earns enough to support you and your family.

Also, are you a US citizen? If you are your children will automatically be US citizens as well. All you have to do is take care of the paperwork, you don't have to petition them.

Diana


It's unlikely but possible that her children aren't USCs. She needs to have lived in the US for a certain number of years and for at least two of the years to have been after she was 14. So since she's been in the Phillipines for 12 years, if she was under 26 years old when the children were born, I don't believe they are USCs.


Actually, I think I did my math wrong and it should be 28 instead of 26. But now I've gotten myself confused.
MargotDarkoFemaleUnited Kingdom2007-08-10 08:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresJust got to the US, ready to petiton my hubby and kid, pls help!

Since you haven't worked before you can use a co-sponsor who earns enough to support you and your family.

Also, are you a US citizen? If you are your children will automatically be US citizens as well. All you have to do is take care of the paperwork, you don't have to petition them.

Diana


It's unlikely but possible that her children aren't USCs. She needs to have lived in the US for a certain number of years and for at least two of the years to have been after she was 14. So since she's been in the Phillipines for 12 years, if she was under 26 years old when the children were born, I don't believe they are USCs.
MargotDarkoFemaleUnited Kingdom2007-08-10 05:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-846 questions (case involving both wife and son)

I am a USC and am applying IR-1/CR-1 visa for my wife (Canada permanent resident/Chinese citizen) and toddler son (Canada citizen). They both live in Canada and I intend to have them move to US together.

I have filed separate I-130 for them and am now preparing their I-846. Here are my questions:

- Should I fill out separate I-846 for my wife and my son (my guess is that I should but would like to confirm)

- On my wife's I-846, should I check Part 3, question 9 and list my son there? And list my wife similarly in my son's I-846? (my guess is that I should NOT since they are already on a separate visa petition)

Thanks in advance!


Hello! If he's your biological son and you've lived in the US for five years or more (at least two years after being 14), then he's automatically a US citizen and you only need to apply for a US passport for him.

It's actually the I-864. I'll let someone else answer those questions as I have guesses but don't actually know.
MargotDarkoFemaleUnited Kingdom2007-07-13 06:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 - one last question
Someone please correct me if I'm wrong, but I thought that anyone using employer-based income on the I-864 has to show 2006 W2s?
MargotDarkoFemaleUnited Kingdom2007-08-13 10:30:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWork authorization: Automatic with IR-1 upon POE?

Hello, next I'm going for my interview for IR-1 visa. My question is, does one get automatic work authorization when entering the US? Or must I fill out some other forms first. Can I start working right away?? Thanks!



Nope can't start to work right away you got to get a SSN if you got none you need to apply for one everybody has a SSN no SSN no work got it...


This is incorrect. Most employers will not hire someone before they have their SSN, but it is not illegal to do so if the person has work authorisation.

I have a SSN already, from when I was a student in CA. I keep it right? I filled it in on all the forms.


Yes, you'll have the same SSN. It's a permanent number. :)
MargotDarkoFemaleUnited Kingdom2007-08-14 06:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDo you fill out everyone's income on all the I864s?

Friend of mine is filing an I130 and I864s. His wife is the US citizen and she will fill out one I864 - but she didn't have any income last year so her sponsoring contribution is 0. Her mother will fill out another I864 and she has enough income to cover the 3 people (and more). He will fill out an I864 and he has some income but not enough.
So, for the amounts in the I864 - are they the same on all the forms - e.g. he her Income, his income and sponsor's Income
Or are they different - each only filling out what they contribute. - If that's the case how does he show the combined income (or does he not have to?)
I filed a simple 864 as I sponsored my wife but this is a little tricky for me.
Thanks:


From what you've written, only two I-864s are needed. One from the main sponsor showing $0 and one from the joint sponsor showing her income. If her income alone is enough for her household and the immigrant, then nothing else is needed. Who is the "he" who would be filling out a form? It sounds like you're referring to the immigrant, but only US citizens can fill out I-864s.
MargotDarkoFemaleUnited Kingdom2007-08-10 05:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat is the right thing to do?
There may be some very rare exceptions I have not heard about, but otherwise you will need to file a I-130 and optionally an I-129f (for K3 this time) and he will need a CR1 visa or a K3 visa to return and live with you in the US.
MargotDarkoFemaleUnited Kingdom2007-08-14 17:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Question! =(

In Part 5 of the I-864...

Should I enter "1" for my spouse eventhough she is the principal immigrant.

cuz it asked:

Persons NOT sponsored in this affidavit:
If you are currently married, enter "1" for your spouse.


No, write "0" as it says not to count anyone twice, and she is sponsored in the affidavit.

Edited by MargotDarko, 15 August 2007 - 02:31 AM.

MargotDarkoFemaleUnited Kingdom2007-08-15 02:30:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Question! =(

Thanks MargoDarko... sorry I forgot to mention that I live with my mom.

Thanks that is good to know I only will fill up one I-864 =)


No problem. :) To keep things straight - you're the sponsor and your mom is a household member. So in your case, joint sponsors are not involved.
MargotDarkoFemaleUnited Kingdom2007-08-14 18:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Question! =(

Thank you guys for the information...

This means ... Me as a petitioner... have to fill out question #1 on the I-864 as "I am the petitioner. I filed or am filing for the immigration of my relative."

Does my mom need to fill up a I-864 too? or just fill up the I-864A?

Thanks a bunch!






clow,

You, as the petitioner, must be the Sponsor. Your mother would be the Joint Sponsor.

Or, as MargoDarko points out, if you and your mother live together you could use your mother as your Household Member rather than as Joint Sponsor. (I'm not sure if you can use her as a Household Member solely on the basis that you are her dependent in the event that you do not live with her.)

Yodrak

I am currently working on the I-864. I'm am the petitioner. My income does not meet the requirements for the 125%. My mom surpasses the 125% by a lot!!!

Could I make her the joint sponsor only?

OR

Include myself with my mom as one of the two joint sponsors?

P.S. She included me as a dependent, but my income does not show in the taxes because it was to low.

Thank you!


I don't think you've said whether or not you live with your mom. If you do live with her, then you include her income on your I-864 and she fills out the I-864A. If you do not live with her, then she fills out an I-864 as a joint sponsor. No matter what, you fill out the I-864 as the main sponsor not a joint sponsor.
MargotDarkoFemaleUnited Kingdom2007-08-14 18:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Question! =(

MargotDarko,

Points of clarification:
- Yes, it is possible to have 2 Joint Sponsors. But not in clow's situation.
- An I-864A is executed by both the Household Member and the Sponsor.

Yodrak

It isn't possible to have two joint sponsors. If you live with her, you would fill out the I-864 as the main sponsor, including her income, and she would fill out the I-864A as a household member.


Sorry about that... I'm not sure what I was thinking. The limit for the number of joint sponsors is two though, right?
MargotDarkoFemaleUnited Kingdom2007-08-14 17:38:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Question! =(
It isn't possible to have two joint sponsors. If you live with her, you would fill out the I-864 as the main sponsor, including her income, and she would fill out the I-864A as a household member.
MargotDarkoFemaleUnited Kingdom2007-08-14 06:01:00