ForumTitleContentMemberSexCountryDate/Time
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
IR-1 / CR-1 Spouse Visa Process & ProceduresAffidavit of Support

my wife has been a student for the last four years...she is now 25 and have never filed IRS income tax....she now work well over 29000 per year....she started working since may 11, 2007..after graduating for University of Texas.....will she have to have to get a joint sponsor?


Technically, she should be fine as current income is more important than past income. However, they also look at how stable her current income is and could decide that as she's only recently started working it's not enough. If you are able to get a joint sponsor, I would do it to be safe. Also, your wife will need to show that she didn't have to file a tax return yet - a statement explaining her student status in 2004 and 2005, and citing the IRS regulations that say she doesn't have to file unless she makes a certain amount (I'm sorry I don't know the specific section though).
MargotDarkoFemaleUnited Kingdom2007-08-15 04:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview documents question????
Someone please correct me if I'm wrong, but I thought that the original would be forwarded to the embassy by NVC.
MargotDarkoFemaleUnited Kingdom2007-08-15 04:15:00
IR-1 / CR-1 Spouse Visa Process & Procedurespolice clearance

hi,

IN india the police clearance certificate (PCC) .. is valid for 6 months so i guess you have to get new one


Why? They just said they found out the South African one is valid for a year.
MargotDarkoFemaleUnited Kingdom2007-08-16 12:38:00
IR-1 / CR-1 Spouse Visa Process & Procedurespolice clearance
B)-->
QUOTE(mishka b @ Aug 15 2007, 02:14 PM) <{POST_SNAPBACK}>
this whole process is taking so long. i got a police clearance certificate in January and my i130 has been approved. will i need a more recent one when i go for the interview?[/quote]

It depends. In the UK, police clearance is valid for one year. In some places, it's only six months or three months. If you don't get a response here, you might find it better to ask the question in the relevant regional folder. :)
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_______________________________________________________

US Immigration Timeline
-------------------------
24 Feb 2007 - Sent I-130 to London USCIS office (I'm the petitioner)
25 May 2007 - NOA2
2 June 2007 - Received Packet 3
12 Oct 2007 - Sent Packet 3 back by special delivery
5 Nov 2007 - Interview in London - Approved without any hitches!
7 Nov 2007 - Visa and MBE arrived by SMS! :)
30 Jan 2008 - Fly to Michigan!! :)

*Note: Any delays in our case are only due to us taking things slowly
MargotDarkoFemaleUnited Kingdom2007-08-15 08:33:00
IR-1 / CR-1 Spouse Visa Process & Proceduresvisiting the US before moving
QUOTE (mkenney @ Aug 18 2007, 07:18 PM) <{POST_SNAPBACK}>
Hi everyone,

My partner had his interview in Montreal on Tuesday (it was on par with the other descriptions of the interview on this forum). He was approved and got his passport back in the mail on Thursday with the shiny CR-1 sticker inside. FYI-The entire process took 11.5 months (including the Adam Walsh nonsense-time).

Anyway, it looks like it's going to be 4 or 5 months until he moves down here. I was wondering if there are reasons either for or against him entering the country for a visit beforehand in order to intialize his perminent residence, so that his green card and ssn card will be ready when he moves down for good.

Thanks for your help,

Martha

P.S. someone should beef up the CR-1/IR-1 section of the Visa FAQ part of this website


That is perfectly fine. The best way to think of it though is that he's moving to the US now (not just visiting) and making his home with you and that he's going back to visit Canada for a while to finish things up before the final move. It's best to think of it that way because as a PR, he should make the US his home, so if he's ever asked while crossing back and forth before the final move, he should say the US is his home and he's just finalising things in Canada. I'm tired so I hope that made sense! smile.gif
MargotDarkoFemaleUnited Kingdom2007-08-18 18:27:00
IR-1 / CR-1 Spouse Visa Process & Proceduresfiling DCF in London- can we travel while waiting?
QUOTE (bunsk2007 @ Aug 18 2007, 12:39 AM) <{POST_SNAPBACK}>
My husband (USC) and I (British citizen) have been married for 16 years, living in the UK all that time. We now want to move back to the States with our 2 children (born in the Uk but with US passports too.)

My husband is about to file a DCF case in London, for the I-130 etc for me. The initial delay is that my British passport is about to expire and I am sending it off to be renewed, using the 2 week process. Once it is back he will file the DCF.

I hope someone can help with a couple of questions I have! Thanks in advance!

Firstly, if he files the DCF now, and it could apparently take 4-6 months for me to get the immigration visa, am I allowed to travel to the States on holiday during that time?

Lets say he files it on 26th August. We have long-standing plans to visit his family in the States for a family celebration in October. We also want to use this visit to look at where we will be living in the States and look at schools for the children. Will the US Embassy be holding onto my passport- or my husbands? Will I be allowed to travel to the US for the holiday (2 1/2 weeks) and will I need to prove that I will be returning to the UK? Is there a chnace that I could be called to the Embassy for an appointment during the time that I happen to be away in the States?!

Secondly, should my husband put his parents house in the US as 'his permenat address', or, since he is currently living in England and working here, should he put our UK address? He has a current US drivers licence and does get mail sent to him at his parents US home, including some kind of voting registration form. He also has an active US bank account. Does this help?

He does not yet have a job lined up in the States, although he is currently looking; can we still start the application?
Should he put down his UK income on the affidavit of support?
Should we get his father to be a joint sponsor for me?

We are really keen to get out there and have the kids in school as soon as possible- we know it won't happen before Christmas but is January/ February possible?....I know this is the million dollar question, how long is a piece of string, etc!!! Some of your applications seem to have taken quite a bit longer....


Thanks for your patience with all my questions, and for taking the time to read this!!! If anyone can help with some advice or answers I will really appreciate it! star_smile.gif


Hello. smile.gif Four months would be really fast this time of year. But February is possible and even likely actually. He could put down his UK income, but unless it would continue in the states it wouldn't count towards the income requirement. So, what we're doing and what your best is, your husband would fill out the I-864 as the main sponsor and then his dad would fill out a I-864 as a joint sponsor. His dad could also include income of anyone else in his household and have them fill out the I-864A.

You won't have any trouble with the domicile issue. Just putting "USA" as domicile and putting his parents' address as your intended USA address will be fine. You don't have to actually live there to use it. We're using my parents' address and we'll be staying with them for a couple weeks before we find out our own place. The important thing is to use the AR-11 form every time you change address in the US until you're a US citizen.

Has your husband been filing US tax returns? If not, he will need to speak to someone at the IRS or the embassy in London about backfiling as soon as possible. As long as he never made more than $80,000 USD or so in any year he didn't file, he won't be in any trouble or owe any taxes. But for any year he made over the minimum filing amount, he needs to have filed a tax return and 2555 foreign income exclusion. The IRS is surprisingly helpful though. smile.gif
MargotDarkoFemaleUnited Kingdom2007-08-18 08:46:00
IR-1 / CR-1 Spouse Visa Process & Proceduresfiling DCF in London- can we travel while waiting?
QUOTE (essjay @ Aug 18 2007, 10:29 AM) <{POST_SNAPBACK}>
We DCF'd through London. My husband has always lived in the UK, never in the US.

Firstly domicile was not an issue at the interview. We used our UK address on everything except when asked where we intended to live. For domicile, we put "Current: UK, Intended: USA".

Secondly, on the issue of travelling to the States, I used VWP during 2006 before filing for the visa. As soon as we filed, I was strongly advised not to travel to the States even for a short holiday, as I was more likely to be turned back than allowed in simply by virtue of being married to USC and having started visa process. The wealth of evidence put to me was too great, so I didn't risk it.

As an aside, you are technically allowed to travel as long as you can show ties to the UK. I applied for a tourist visa in January, had proof of job, home, family, obligations etc, all in the UK, and I was refused on the basis of lack of ties to the UK, because I was married to a USC, albeit one who had never lived in the US. And this was before I had started the visa process!!

That being said, other VJ'ers have travelled to the States during the visa process with no problems. So it all boils down to immigration on the day and how well prepared you are with documents to prove your ties.

Good Luck. good.gif


Good comments about how to put down addresses. smile.gif

With regards to travelling to the US, I think the trouble with the tourist visa is that it would have allowed you in for quite a long time. When the OP goes to the US in October on the VWP for just a short trip, as long as she brings proof of their return to the UK, I can't see how it would be a problem. Return tickets (for both her and her USC husband), plus info on their job(s), residence in the UK, would show they really did intend just to visit for a family function and then shortly leave. smile.gif She wouldn't mention the immigration process unless it was raised.
MargotDarkoFemaleUnited Kingdom2007-08-18 08:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresURGENT QUESTION!!!
QUOTE (fwaguy @ Aug 21 2007, 02:55 PM) <{POST_SNAPBACK}>
QUOTE (fooki @ Aug 21 2007, 02:56 AM) <{POST_SNAPBACK}>
Do i need return tickets or one way tickets for IR-1 visa

Please send me quick answers coz today i have to buy tickets



Thanks


Think about it... You are imigrating to the US... Why would you need a return ticket? Get whatever you think is the best deal for you...


Because a return ticket is often the same price or cheaper and so it would be better for future visits to their old home.

Edited by MargotDarko, 21 August 2007 - 09:48 AM.

MargotDarkoFemaleUnited Kingdom2007-08-21 09:48:00
IR-1 / CR-1 Spouse Visa Process & Procedureshow many household member one should count
QUOTE (calijatt @ Aug 22 2007, 04:04 PM) <{POST_SNAPBACK}>
QUOTE (MargotDarko @ Aug 22 2007, 02:15 AM) <{POST_SNAPBACK}>
QUOTE (Jigi @ Aug 22 2007, 07:17 AM) <{POST_SNAPBACK}>
hi cali jatt,

i guess the number of people living at ur address must be counted. Please speak to USCIS helpline or an immigration officer.... that might help

GOD Blesss

Jigi


That is incorrect. The household number is determined by answering the questions on the I-864. Spouses, immigrants, and dependants are counted (no one should be counted twice even though this means putting 0 for spouse for the main sponsor).

If someone lives at the house, is not a dependant of the sponsor, and does not include their income in the total, then they are not part of the household number.





Good answer MargotDarko thats what i was looking for so this means if consulate ask How many members living in household my wife will answre 3 herself, myself, our father who is co-sponsoer household contract member


It depends on the question. If it's in the context of the I-864, he/she will probably ask (if they ask) how many household members there are. But then they might just be asking general questions and want to know how many people live in the house where you'll be staying. I bet it will make sense in context at the interview though.

I don't think you meant to type "our" father! tongue.gif He's your father. Also, as you live with your father, he is not a co-sponsor or a joint sponsor. He's just a household member. smile.gif
MargotDarkoFemaleUnited Kingdom2007-08-22 10:17:00
IR-1 / CR-1 Spouse Visa Process & Procedureshow many household member one should count
QUOTE (Jigi @ Aug 22 2007, 07:17 AM) <{POST_SNAPBACK}>
hi cali jatt,

i guess the number of people living at ur address must be counted. Please speak to USCIS helpline or an immigration officer.... that might help

GOD Blesss

Jigi


That is incorrect. The household number is determined by answering the questions on the I-864. Spouses, immigrants, and dependants are counted (no one should be counted twice even though this means putting 0 for spouse for the main sponsor).

If someone lives at the house, is not a dependant of the sponsor, and does not include their income in the total, then they are not part of the household number.
MargotDarkoFemaleUnited Kingdom2007-08-22 05:15:00
IR-1 / CR-1 Spouse Visa Process & Proceduresspecific important question
QUOTE (pushbrk @ Aug 22 2007, 01:58 PM) <{POST_SNAPBACK}>
QUOTE (MargotDarko @ Aug 22 2007, 04:45 AM) <{POST_SNAPBACK}>
QUOTE (yahoo_surfer @ Aug 22 2007, 12:39 PM) <{POST_SNAPBACK}>
hello everyone

i am asking this for my very close frnd who is starting to file for her family

can a usc file for her mom , and her step father and step brother married currently to her mother

thanks a tonne
all replies appreciated


Hello. smile.gif The I-130 contains instructions on who a USC can file a petition for. It explains that a I-130 cannot be filed for a step-relative if the marriage took place after the USC was 18. If her mother married her stepfather before your friend was 18, then she can file the I-130 for him. Although I've got to admit I can't figure out whether she could file for her step-brother if the marriage took place before she was 18...

EDIT - I just noticed that this in the IR1/CR1 folder...


The "before age 18" is for a step-child of a USC or if the USC is the step-child and wanting to file for their step parent.

Section 3. C of the instructions (who you cannot file for)

C. A stepparent or stepchild, if the marriage that created the relationship took place after the child's 18th birthday.


Hi, pushbrk. It seems that you've said the same thing I said. Are you just posting the same thing again only more clearly and with the instructions copied in? Or do you disagree with something I said? smile.gif
MargotDarkoFemaleUnited Kingdom2007-08-22 08:09:00
IR-1 / CR-1 Spouse Visa Process & Proceduresspecific important question
QUOTE (yahoo_surfer @ Aug 22 2007, 12:39 PM) <{POST_SNAPBACK}>
hello everyone

i am asking this for my very close frnd who is starting to file for her family

can a usc file for her mom , and her step father and step brother married currently to her mother

thanks a tonne
all replies appreciated


Hello. smile.gif The I-130 contains instructions on who a USC can file a petition for. It explains that a I-130 cannot be filed for a step-relative if the marriage took place after the USC was 18. If her mother married her stepfather before your friend was 18, then she can file the I-130 for him. Although I've got to admit I can't figure out whether she could file for her step-brother if the marriage took place before she was 18...

EDIT - I just noticed that this in the IR1/CR1 folder...

Edited by MargotDarko, 22 August 2007 - 06:46 AM.

MargotDarkoFemaleUnited Kingdom2007-08-22 06:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDifference between IR1 and CR1
QUOTE (lucyrich @ Aug 23 2007, 01:04 AM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ Aug 22 2007, 05:51 AM) <{POST_SNAPBACK}>
QUOTE (Jay Patel @ Aug 22 2007, 05:26 AM) <{POST_SNAPBACK}>
I just want to know whats the difference between IR1 or CR1. I filed I-130 for my wife and the form doesn't indicate anything about IR1 or CR1.

I am trying to send the AOS Fee bill using James Shortcut and it asks for Visa Classification and i wanted to know if i should put down IR1 or CR1.

Please someone shed some light on my issue.

Thank you.

Jay


Put down CR1. IR1 is issued when the couple has been married two years at visa issue time. IR1 visa holders get the ten year green card. Those are the only two differences.




When you enter the US, they take a second look at the age of the marriage. If it's over two years old on this date, you get a ten year card with no conditions; if you've been married less than two years, you get a two year card with conditions. The entry date is the important one for determing which kind of green card you get and whether you'll have to go through the whole removal of conditions process.

If you get the visa just before your second wedding anniversary and enter the US after your anniversary, you'll get a CR-1 visa and a ten year green card.




That isn't always true. Yes, it's the way it's technically supposed to happen, but not every POE officer knows that or follows it. So the immigrant would have to be very specific in requesting it and pointing it out.
MargotDarkoFemaleUnited Kingdom2007-08-23 03:43:00
IR-1 / CR-1 Spouse Visa Process & Proceduresq33a ds230
You are not required to answer Yes to the question about having them arrange for SSN. You are allowed to answer No and then apply for the SSN at a Social Security Admin office after your entry. Sometimes people find that answering Yes works just fine. I've also heard a lot of stories of answering Yes taking a long time to sort out as once you've answered Yes you no longer have the option of just showing up and applying. All the information has to go through the system and you would have to wait until they made sure the card wasn't already produced for you and just missing. It is up to you.

EDIT - I should also add that I've heard about answering No causing problems too though as sometimes the person you deal with at the SS office doesn't always understand that you're able to apply directly there with your temp stamp in your passport.

Edited by MargotDarko, 23 August 2007 - 04:51 AM.

MargotDarkoFemaleUnited Kingdom2007-08-23 04:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAdvice Required !
QUOTE (Geek @ Aug 23 2007, 02:03 PM) <{POST_SNAPBACK}>
Thank you for the reply ! Do I need to file additional papers to get my SSN or Green Card or should I just wait for 3-4 weeks to get my SSN and GC? Please let us know.

Thank you again !


Since you checked that you want them to arrange the SSN, there's nothing you need to do unless the SSN card doesn't show up in a few weeks. Then you would have to go into a Social Security Admin office.
MargotDarkoFemaleUnited Kingdom2007-08-23 08:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAdvice Required !
QUOTE (Geek @ Aug 23 2007, 06:05 AM) <{POST_SNAPBACK}>
Hello Everyone,

I have arrived in US and my stamp says its good for 2 yrs. I am a CR1 Category. I need to know how do I get my SSN ( I checked I need a SSN in the DS-230) and when will my Green Card arrive? Please help.

Me


Please do fill in your timeline. The guidelines probably do explain, but I can quickly answer your specific questions. The SSN card should arrive in the next two to three weeks. If it doesn't, you'll need to go into a Social Security Admin office and apply directly. You have to wait two to three weeks first as you won't be in the system and they won't be able to confirm until then whether or not a card was produced for you yet.

The green card can arrive anywhere from two weeks to a few months.

Edited by MargotDarko, 23 August 2007 - 03:54 AM.

MargotDarkoFemaleUnited Kingdom2007-08-23 03:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhich to pursue
QUOTE (Len_and_Bren @ Aug 23 2007, 04:53 PM) <{POST_SNAPBACK}>
QUOTE (MargotDarko @ Aug 23 2007, 09:47 AM) <{POST_SNAPBACK}>
You may not have a real choice. If the I-129f goes to the NVC first, the I-130 will be put on hold. When that happens, the only way to get it put through to the NVC is to file a I-824 and pay $200 but it takes so long you might as well get the K3 and then adjust status.


the problem with K3's nowadays is the exorbitant fees for Adjustment of Status -- and seems the waiting times are getting to be pretty much the same. I say go with the I-130 - but that's me, running out of coffee wink.gif
Good luck, L.


Yeah, they could pay the $200 for the I-824, and then in the meantime get the K3 visa and then later go back to their original country for the CR1/IR1 interview instead of adjusting status.

Edited by MargotDarko, 23 August 2007 - 10:55 AM.

MargotDarkoFemaleUnited Kingdom2007-08-23 10:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhich to pursue
QUOTE (ALIUSMAN @ Aug 23 2007, 04:24 PM) <{POST_SNAPBACK}>
I got my I129F and I130 Approved same time.
i was confused which to pursue.
can i pursue both.
will there be extra charges for applying for both.. innocent.gif

Thanks


You may not have a real choice. If the I-129f goes to the NVC first, the I-130 will be put on hold. When that happens, the only way to get it put through to the NVC is to file a I-824 and pay $200 but it takes so long you might as well get the K3 and then adjust status.
MargotDarkoFemaleUnited Kingdom2007-08-23 10:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864
QUOTE (trailmix @ Aug 23 2007, 04:23 AM) <{POST_SNAPBACK}>
QUOTE (daisylynn @ Aug 22 2007, 09:00 PM) <{POST_SNAPBACK}>
Just to make sure, she can't use her birth certificate (wallet form), right? That's all she has, but want to make sure before we send for her other.

I know I asked about when we will need this information, but I'm guessing it's with the I-864 package. When does that have to be sent in (about how long from starting the process)?


Hi DaisyLynn,

She will need the long form birth certificate.

I'm not all that familiar with DCF - it will probably be a couple of months before you send your I-864 at least and that is when you will send your joint sponsor information.


With DCF, the I-864(s) and all supporting documents are taken to the interview rather than sent in advance. smile.gif
MargotDarkoFemaleUnited Kingdom2007-08-23 03:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNVC Case Completed
QUOTE (questworldz @ Aug 24 2007, 01:33 PM) <{POST_SNAPBACK}>
I know I have to wait for Packet 3, Packet 4, the Medical Exam blah blah blah

My 1st question is when the heck do you take the medical exam? Anytime before
the interview or after the interview? Will there be another fee involved for taking
the medical exam?

My 3rd question to those of you that got approved recently is that how long
did it take for your cases to get to your respective embassies after it
was completed at the NVC? I am just trying to get a general timeframe
so that I can start making travel arrangements.

Any helpful responses would be much appreciated.


You should be able to take the medical exam anytime after you have the case number. Yes, there will be another fee involved, but it depends on the doctor as there is no worldwide set fee. You should do it before the interview. The visa cannot be granted until a satisfactory medical exam has been done and the results given to the embassy. There will only be certain doctors who are allowed to do the exam for you, and the info will be in packet 3.

The time to get from the NVC to the embassy varies by country. I believe you can find a rough guideline for your country on the timeline page here.
MargotDarkoFemaleUnited Kingdom2007-08-24 08:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat after receiving letter from NVC Portsmouth
QUOTE (ptrajkumar @ Aug 23 2007, 09:56 PM) <{POST_SNAPBACK}>
hey all

I am writing this for a friend of mine who is a Green Card Holder in USA. He filed a I130 for his wife who lives in Kerala, India. It got approved in 2005 from the Vermont Serice Center. Afterwards he got a letter from THE NVC center in Portsmouth, NH. The letter mentions that there is a wait for F2A visas and he should await further communication.

NVC letter details
__________________
Case Number: MDR2005******
Preference Category: F2A Spouses and umarried Children of Permanent Res
Your priority Date: O4 OCT 2003
Foreigh State Chargebility: INDIA


Neither he nor his wife has received any more communication. What are his options ? He went to a paralegal and he was told he should go ahead and file I864. Is this correct ?

The latest visa bulletin still shows OCT 2002 as the priority date for Indian F2As. Should he wait more for further information ? Can he do something meanwhile to get his wife here ?

Thanks
Raj


He just needs to wait. The I-864 doesn't go until they ask for it. If he becomes a US citizen while waiting, he can then file something (I'm sorry I don't what it is) informing them, and that will push everything along quickly as there's no waiting for spouses of USCs.

Edited by MargotDarko, 24 August 2007 - 03:28 AM.

MargotDarkoFemaleUnited Kingdom2007-08-24 03:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHave interview for K-3 visa. How does this effet the CR1?
QUOTE (Doug and Grace @ Aug 25 2007, 02:50 AM) <{POST_SNAPBACK}>
Our CR1 is in the final stages at NVC. Yesterday we received the Packet 3 and 4 for the interview appointment as a reult of the K-1. That will enable us to be together in October, but it will be the non-immigrant visa. Does anyone know if this would adversely effect the CR1 visa process? If so I think we may be willing to wait for the CR1 so we dont have to go though all of the AOS and EAD processes. Any advice would be most appreciated!

Doug and Grace


If the CR1 case is complete and forwarded to the embassy before the K3 visa, you should be able to request a CR1 interview at the same time instead.

If the CR1 really is about to be complete and you've already paid the $340 IV fee bill and the $70 AOS fee bill, I would definitely do what I could to get a CR1 instead of the K3.
MargotDarkoFemaleUnited Kingdom2007-08-25 10:55:00
IR-1 / CR-1 Spouse Visa Process & Proceduresplease help
QUOTE (mike_2007 @ Aug 23 2007, 10:26 AM) <{POST_SNAPBACK}>
hello everybody,iam a new member in here and i have a very serious and strange case and i need help,,iam also a member in the ilw.com,but its always better when u get more openions and advise from more people and here is my story,,my name is mike and iam from jordan,i got married to u.s citizen in my home country in amman-jordan in the year of 2002,in 2003 we went my wife and file at the u.s embassy there,,3 weeks later i got my immigrant visa(cr1),and i entered the u.s in july-2003,i got the calif id and my ss card and a month later i recieved my 2 years green card,so in 2005 we went my wife and i 3 months before the card gets expired and we file together to remove the condetion on my green card,i recieved an extention for 1 year valid until april 2006,so in april 2006 i went to my local immigration office to fallow up on my case and they stamp my passport with the (i-751)valid for 1 years ,,until april2007, so in july 2006 3 months after i got my i-751 i got divorced ,bcoz we were having alot of problims together ,i got engaged again and in september 2006 i went to mexico with my new fiance to see her family and informed them about the marriage plan,so,we went there and stayed for few hours and then we went back to the u.s boarder to re-enter and here is what happen,,all the troubles started from there,ok,we got stopped and they run my name and they asked me about my status and i said,(p resident) ,so he took my passport and he entered the building and he didnt come back ,so after 45 minuite of been waiting i asked if i can get off the car and used the restroom,,so the officer told me to go inn,,i went inn and then i saw the same officer who took my passport and 10 other officers were looking at my passport like they found something,,so they said when ur done step outside and i said ok,so ,i come outside and i saw my fiance coming inn with her niec and her son and i asked them what's going on and they said it not my business and they start screaming at me and my fiance and even the kids,,they put my in a cell away from her and they start asking her questions about me and them they finger print me and her and even the kids????????and ther all under age,so anyway,they released her after 12 hours bcoz she's a u.s citizen and she have no criminal record ,and i was kept in there until the next morning,so then they called me out to take my statment and i asked what's going on and they said that i entered illegaly?and i was suprised and i said no i didnt,,iam a legal imigrant?so then they said,will u been charged of false claim to be a u.s citizen? and i said no way,,i never said that,i said i was a pr and i have 3 ppl in the car with her who heared what i said,and my i-751 is still valid for 8 more months?and they didnt care,,so i was sent to the detention and ther i hired a lawyer,and at my first court the judge didnt give me a bill bcoz i was an arriving alien,so the judge asked the goverment if they have anything againts me and the DA said no,he have a clean record but he claimed to be a u.s citizen and a federal agent and an army personal???????????????????????????? and iam like whatttttttttttttttttt,and even the judge made a face and he said wait a minuite ,first why would he say iam a u.s citizen if hes giving him a jordanian passport with a valid i-751 ??and why would he say iam a federal agent and army personal at the same time?doesn't make since,so i went back to my cell and i was going crazy and then i knew it was set up from someone who knew me,bcoz i was a part of the (AVR)organization,AVR=american valunteer reserve,and we honor the soldiers who got killed in action and help the ppl in case of an emergency and things like that and we wear uniform but we'r not army,,so anyway,,while i was detained i got married to her,and that attorney i hired didnt do nothing but screwing me and lieing to me,he didnt even show up to the court,but anyway,we filed a motion to re-open my i-751 and it got denied bcoz i was divorced,,but i didnt file a new one and that was a mistake,but anyway,,the immigration judge told my wife this at the second court,,he told her ok ,,ur husband was a legal immigrant in the country,have no criminal record,not even a traffic tickit,and never stayed over the visa time,,he filed taxes for the 3 years he lived in the country,so what iam going to do is ,,iam ganna send the DA or whatever hes name is to the immigration boarder to talk to thoes officers and c if they will agree to drop all these charges ,,and if they do then i will dismes the case and put him back in mexico like he never entered the u.s,so at the 3rd court the judge said that they aggree to dropp all the charges and he said to my wife,,dont worry,,hes not ganna be deported or removal or even valunteery deportred,we will allowed him to withdraw hes application for addmition and we will put him back in mexico and u will bring him back from there,so they did and i was sent back to the mexican boarder but i wasn't deported like i said,the judge give me a paper says that i was allowed to withdraw my application for addmition and waived by both,so now i been in mexico for 10 months allready,since last october 2006,and my wife have filed an i-130 and i-129f for me back in jan-2007,so here is the bad news,,i dont have a legal status in mexico and i dont know if i can process from here?my wife is a mexican american,and the second thing is we filed my i-130 at the csc and 2 weeks ago we were suprised bcoz we recieved an email from the immigration stated that they have transferm my i-130 from the csc to the local office in LA for a standard interview??????????so why is that if iam not wvwn there? and r they going to denied it bcoz i got married in detention or what?and the second big problim is i filed in jan-2007 and the csc are now processing feb 2007?but i looked up at the processing in LA office and ther not even processing the i-130 at all????????so what's that mean?my wife had a serious heart condetion and serious back problims and she needs like 5 surgery's as soon as possible?what can i do please?and why is this interview?will,,,she's 17 years older than me and we got married in the detention,,so i dont know if its bcoz of that,,but we were in love and we have prove of that,,we'r not worry about any questions or documents,,but is this is norrmal or what?i did contact the congress office and they didnt do anything,,the only thing they were able to find out is that someone sent a tip to the immigration back in 2006 againts me ,,and thats why they stoped me and not bcoz of my status,but they couln't prove anything and thats why the judge dismessed my case...and on the i-130 we put my address in mexico ?we never said that i was in the u.s?so why i s the interview then?i need an advice please,i spoaje to a very good immigration lawyer months back and he said that my attorney screwed me bcoz the court paper says that i was illegible to adjustment of status,,and he said they should have allowed me to file another i-751 back then and the whole thing was wrong,,and he said ther is a way to bring me back even before i get the visa but i need to get the i-130 proved first,,but i dont know how,,bcoz he asked for $10.000 to take my case and i dont have any money now ,,so is ther a really way to re-enter ?bcoz in order to go the embassy in juarez,mexico,,i have to be at least legal?and iam not?what should i do,,i dont wanna go back to my country,,bcoz i c my wife here twice a month and bcoz of her medical condetion,,it will kill her if ileave?what should i do please?and how long is it ganna take then to sset the interview?i been waiting for 10 months allready and now i have to wait for this too?r they going to denied it or what?please help


I'm sorry we cannot help you. Some members may be able to make lawyer recommendations, but otherwise this is not something we can properly help you with. Please do not rely on information you receive from people online about your case. Please just find a good lawyer.
MargotDarkoFemaleUnited Kingdom2007-08-23 04:46:00
IR-1 / CR-1 Spouse Visa Process & Proceduresunique case - how can i apply?
QUOTE (shabzed @ Aug 23 2007, 01:23 PM) <{POST_SNAPBACK}>
QUOTE (essjay @ Aug 23 2007, 11:53 AM) <{POST_SNAPBACK}>
Reading a lot of the experiences on this forum, and from our own experience, I would definitely say domicile is easier to manage if you can DCF. Many people are getting stuck at the NVC stage for ages trying to prove domicile, whereas in many Embassies, domicile isn't even mentioned when applying directly.

How long until you hit the residency requirements?



Thanks for the responses! I have also heard direct filing is the easiest, but I'm afraid waiting another 6 months (the time required for direct filing in the UAE) would be a lot of wasted time, especially if for some reason the embassy here says I can't file even after the 6 months for some other issue. Do you still think DCF after 6 months would be faster than K-3 filing now? If domicile is that tricky, then maybe I should wait for this.


Well... with the K3, you might not get into the same tricky situation with domicile since it's a non-immigrant visa. It means you'd have the expense and pain of your husband adjusting status after you moved, but it should happen quite a bit faster than waiting to be eligible to file abroad and then going through the process for CR1 visa.

So I think it comes down to your personal situation really and what's most important to you. If you'd like to return to the US with him as soon as possible and don't mind the extra expense of AOS (Adjustment of Status), then I vote that you go for the K3 and start filing everything asap using a US address (hopefully your parents, another family member, or close friend would be willing to help with this). Then you would consider your time in the UAE simply a visit rather than living there temporarily.
MargotDarkoFemaleUnited Kingdom2007-08-23 08:12:00
IR-1 / CR-1 Spouse Visa Process & Proceduresunique case - how can i apply?
QUOTE (shabzed @ Aug 23 2007, 08:18 AM) <{POST_SNAPBACK}>
Hi,

My case is unique, so I would love advice on which visa path I should pursue. I plan to sponsor my husband of one year. I was told the IR-1/CR-1 is the fastest route, as compared to the K-3 visa. I am currently living with my husband outside of the US, in the UAE, but I am not eligible to apply directly through the consulate because I do not have 6 months residence in this country. That means I will have to apply directly to the US. My only proof of domicile in the US (as required for the affidavit of support) is that my tax returns have been sent to a US address and I have a US mailing address (the same for the tax returns). Would this be enough to prove domicile?

Also, my husband's country of origin is Pakistan, but we are not living there as he is working in the UAE now. Would we still have to use the Pakistan address for my husband's residence and would he have to interview in Pakistan?

Thanks!


Hello there. Technically, the K3 should still be faster. Many people are finding that it is taking about the same time now, but it depends on the location of the embassy involved.

How many more month until you can apply directly at the consulate? I've heard some stories about how sticky NVC can be about domicile even though really it should be handled at the embassy. Also, applying directly would be faster. Even if you have six full months before you can apply, you are likely to still receive it faster by applying directly.
MargotDarkoFemaleUnited Kingdom2007-08-23 02:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNeed Advice !
QUOTE (Geek @ Aug 25 2007, 11:47 PM) <{POST_SNAPBACK}>
Yes. US citizens and legal permanent residents (=green-card holders) only need to full in a customs declaration form when entering the country.

OK Cool ! I still haven't got my Green Card yet...hope it comes to me soon...more so my SSN so that I can start working. Any idea how much the SSN takes to come in by mail?



If you haven't received the SSN in two to three weeks, you can and probably should go into a Social Security admin office and inquire about it. Sometimes even though you've checked the box asking them to take care of the SSN card for you, it doesn't always happen.
MargotDarkoFemaleUnited Kingdom2007-08-26 04:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarried but Haven't had wedding
QUOTE (illlogical @ Aug 21 2007, 04:04 PM) <{POST_SNAPBACK}>
Hi,

I am American and my wife is Chinese. She and I hae lived together for 4 years or so and have gotten married however we have not yet had our wedding. Partly, this is because we are saving some cash to have an awesome celebration and partly we are trying to navigate the issues of where and how to have the wedding. We are currently applying for a CR1 green card for her and I was just wondering whether it will be a problem that we haven't had a wedding. We have lots of photos and proof of our long-term relationship. (we heard about the fiancee visa after getting married unfortunately).

Any help is appreciated.

-A Illlogical


Not a problem in the least. Only a legal marriage matters for any spousal visa process.
MargotDarkoFemaleUnited Kingdom2007-08-21 10:36:00
IR-1 / CR-1 Spouse Visa Process & Procedurescr-1
pushbrk is totally correct. Just don't send them the requested info for the K3 and nothing will happen with it. Just do the I-130 paperwork and ignore the K3 stuff.
MargotDarkoFemaleUnited Kingdom2007-08-23 10:45:00
IR-1 / CR-1 Spouse Visa Process & Proceduresplease help :do i need to attach a cover letter with the RFE mail??
QUOTE (beckypua @ Aug 29 2007, 08:45 AM) <{POST_SNAPBACK}>
QUOTE (One heart @ Aug 28 2007, 09:38 PM) <{POST_SNAPBACK}>
QUOTE (beckypua @ Aug 29 2007, 02:31 AM) <{POST_SNAPBACK}>
QUOTE (One heart @ Aug 28 2007, 10:24 AM) <{POST_SNAPBACK}>
please help : Do i need to attach a cover letter with the RFE mail??

If the RFE reply needs an explanation. Attach a cover letter explaining it.


it needs to attach the divorce decree and death certification of my previous marriages.

SIMPLE!
Attach a cover letter stating!
Dear Sirs!
Enclosed you will find the documents you requested dated Blah, Blah, Blah.
Sorry I was so stupid not to submit them with the original submission!
Signed,
Brain dead!
Sorry but come on bro!

Yeah, that wasn't an acceptable way to say it.
MargotDarkoFemaleUnited Kingdom2007-08-29 04:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresGetting Police Certificates
QUOTE (whitteds @ Aug 28 2007, 11:28 PM) <{POST_SNAPBACK}>
Can anyone give advise on Police certificates? My question is my wife visits Venezuela allot to see her sister. Does she need one for Venezuela too? My wife lives in Colombia and will get her certificate in Colombia. If she does need the Police certificate of Venezuela where can she get it in Colombia? Your help is greatly thankful. God bless you all.


If it's really just visits and she hasn't actually resided there at any time after she was 16, then no it's not needed from Venezuela.
MargotDarkoFemaleUnited Kingdom2007-08-29 04:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs it possible to withdraw your I-130 petition?
QUOTE (J03L1371107 @ Aug 29 2007, 04:38 PM) <{POST_SNAPBACK}>
Hey..

I would like to know if it is possible to withdraw I-130 petition. If yes, how would my friend do that?it seems that their relationship, after they got married got worse...and he thought helping her to immigrate to US, where he lives, is not a good idea for the time being. I just hope they can work it out though ...

Anyways, if it is possible to do, is there any impact after the withdrawal?will he be able to file it again just in case they can solve their problems?

FYI, he filed it almost 2 months ago, but had no receipt from the service center yet ...i dont think his check has been cashed as well ...but im not so sure abt it ..

really need your advice ..thank you


I would assume it's possible. However, if he thinks there's any chance of it being resolved within in the next year or so, I would advise against withdrawing it. What he would probably be better doing (until he's sure about what he wants to do) is delaying completing the steps for the NVC. I believe the case can be open for quite a long time as long as he sent something after a couple months saying he was still working on the documents. Someone else should be able to explain how it works to delay at NVC.
MargotDarkoFemaleUnited Kingdom2007-08-29 10:45:00
IR-1 / CR-1 Spouse Visa Process & Proceduresalcohol & drugs test at the medical

For some reason my link to the USCIS site for crimes of moral turpitude doesn't work so take a look at this:

http://en.wikipedia....Moral_turpitude


That's a great link. I was worried about them today, but it should have been okay.
MargotDarkoFemaleUnited Kingdom2007-07-12 16:36:00
IR-1 / CR-1 Spouse Visa Process & Proceduresalcohol & drugs test at the medical

wow, i have another question!

my husband had his medical the other day (in london) and was given a blood test for alcohol & drugs. he wasn't expecting it because he had drinks the night before and a beer with his dad before going into the medical! then the dr. asked him if he'd ever been convicted of drink driving and my husband stated he had, but 10 years ago.
did anyone else out there get asked this? did it come up at the interview? does anyone think this will be a problem for receiving his spousal visa?

paranoid!

bee

He got convicted for drinking? Why? It is not illegal to drink. I don't think they will be worried about him drinking alcohol and no, it did not come up at my interview and back then, I also had a few drinks every now and then. I'm addicted to strawberry margaritas with whipped cream on top. Hehehehe


It was drunk driving, not just drinking.
MargotDarkoFemaleUnited Kingdom2007-07-12 03:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIR/CR Visa and I-130 Form...
QUOTE (AntandD @ Aug 25 2007, 07:44 PM) <{POST_SNAPBACK}>
Hi Thermophile (and other VJers),

Thanks for your reply and for answering my questions. I'll pass on this information to the USC friend who needs this help. So I guess it means that as long as they keep in contact with the NVC, then things should be fine for their case. Will they have to keep in contact with the USCIS too? Is the deadline (year, two-years, or whenever else), when they got the I-130 approved from the NVC or from the USCIS? I never knew that they had two years to fill out the forms, as I always thought it was a one year expiry. Oh well. I'll just tell the USC to file the forms as quickly as possible, and to tell them to keep in contact with the NVC then.

Hope all goes well for your immigration journey too. It's nice to meet another fellow Canadian on the VJ boards.

Ant

QUOTE (thermophile @ Aug 25 2007, 12:59 PM) <{POST_SNAPBACK}>
NVC will notify them once a year has gone by with no contact that they have one more year before their case is "expired". Expired isn't the exact word they use but I can't remember how they state it. Basically you have two years to file those forms. And if I recall correctly, the letter from NVC actually say "contact" not "forms filed" so maybe if your friend just sends a letter stating that she/he is working on getting a co-sponsor, that would count as contact and extend the freshness of their case. But if they stick to the timeline that you mentioned they should be fine.



It's an approved I-130 that has the one-year expiry date.
MargotDarkoFemaleUnited Kingdom2007-08-26 04:43:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIR/CR Visa and I-130 Form...
QUOTE (AntandD @ Aug 25 2007, 03:32 PM) <{POST_SNAPBACK}>
Hi Everyone,

I know it’s been awhile since I posted on VJ, but I was wondering about the following. Before I continue, please note that this is NOT for my immigration situation (see my timeline for my unrelated situation), merely, it is information to be passed on to someone that I know.

The person that I know is a USC that is filing a CR/IR visa for their spouse in the Philippines. This is the situation as follows:
-The USC had their I-130 with an NOA-1 by the USCIS received in May 2007
-Their case was forwarded to the NVC, and the USC got the bill for the I-864 in August 2007. However, the USC is looking for a co-sponsor (since they do not have enough income), and will delay sending in their I-864 forms and fees for a couple of months (possibly January or February 2008) until they hear back from the potential co-sponsor. Will this delay in sending in the completed I-864 from both sponsors cause a delay in their immigration case? Is there a deadline and/or expiry date for this form and the other forms (for example, the I-130) for them to submit it? Will their case have to start all over again, because they fail to submit the forms on time?

Any thoughts, suggestions, insights, or advice would be greatly appreciated. Thanks.

Ant


EDIT - Nevermind me. I shouldn't post when I'm hungry!

Edited by MargotDarko, 25 August 2007 - 10:52 AM.

MargotDarkoFemaleUnited Kingdom2007-08-25 10:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUnemployed and worried!!
QUOTE (Len_and_Bren @ Aug 30 2007, 08:17 PM) <{POST_SNAPBACK}>
QUOTE (beckib21 @ Aug 30 2007, 01:01 PM) <{POST_SNAPBACK}>
We are super close to the interview and now Im starting to double guess everything ive done. I have been unemployed almost throughout this whole process and Im worried that my husbands visa will be denied becuase of it. I have my father who makes well above the poverty line as a household member so he filled out a 1864A but I have no tax return for 2006 becuase I wasnt working and I was living at my fathers. And I cant find anything that officially states why I didnt need to file taxes for evidence. I am freaking out so ANY help/advice would be great! helpsmilie.gif

Becki


I would think your dad should act not as a household member of your household, but as a cosponsor. This should solve the issue.
And file that return, even if late my friend, even if you had no income...
Don't know if my advise is any good, but my good wishes are 100% proven wink.gif
good luck, L.


If she lives with her father, he can't be a co-sponsor and she was right to have him fill out the I-864A. If she does not live with her father, then he must be a co-sponsor. She doesn't say, but it seems implied that she lives with him.
MargotDarkoFemaleUnited Kingdom2007-09-03 05:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresJust want to ask something
QUOTE (Lhedyjoe @ Sep 3 2007, 01:12 PM) <{POST_SNAPBACK}>
Its an ovarian cyst and it happened 3 years ago. I dont use drug ever and dont have plan. Mental problems? I dont think so. I am in a good shape I guess. Communicable diseases like TB, STD"S etc. I dont have either. smile.gif Well, I guess Im safe. Thanks for the response. Have a great day. smile.gif


No problem. smile.gif

You definitely won't have a problem with the medical exam over surgery for a cyst. On another note, sometimes getting your vaccinations ahead of the exam can be cheaper, so that's something to look into.
MargotDarkoFemaleUnited Kingdom2007-09-03 07:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresJust want to ask something
The only medical reasons that visas are denied for for serious communicable diseases, mental health problems that have lead you to hurt yourself or others when your doctor has not said you're all better yet, and illegal drug use. You don't say what type of major surgery, but I can't imagine it being related to any of those things. As your spouse agrees to be financially responsible for you, they're not looking out for people who might go into hospital and rack up bills - they're looking out for people who are a danger to themselves or others.
MargotDarkoFemaleUnited Kingdom2007-09-03 06:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresProblem from coming back to USA?
QUOTE (kyle_lairic @ Sep 3 2007, 12:25 PM) <{POST_SNAPBACK}>
My wife went back to philippines coz her dad passed away. She will stay there for 2 months. She just got here last May. I'm just wondering if she will encounter a problem coming back from phillipines.


Has she received her green card yet? It seems like it should have come by now. At any rate, she's fine to return with the stamp in her passport from her first entry on her CR1/IR1 - that serves as a green card until she receives the actual card.

EDIT - Oh and also just two months and for such a valid reason shouldn't cause any hassle either.

Edited by MargotDarko, 03 September 2007 - 06:50 AM.

MargotDarkoFemaleUnited Kingdom2007-09-03 06:49:00