ForumTitleContentMemberSexCountryDate/Time
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
IR-1 / CR-1 Spouse Visa Process & ProceduresFiled I-130
It is not correct that you need to inform them. The I-130 will not be held unless you file a I-129f that gets approved and sent to NVC first. Bascially, writing about the K3 visa on the cover letter does nothing. So all you have to do is pretend you didn't write it! smile.gif
MargotDarkoFemaleUnited Kingdom2007-09-04 03:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS230 for K1 Visa
QUOTE (aminah @ Sep 4 2007, 09:23 AM) <{POST_SNAPBACK}>
Why is he filling out the ds-230 form? That form is used for immigrant visas such as the CR1. The ds-156k and ds-157 are for fiance visa application. I didn't go the route of K1 so we didn't use these forms, this is just what the DOS website says.

I think you need the financial support stuff at his AOS interview.

Good luck!

This is correct.
MargotDarkoFemaleUnited Kingdom2007-09-04 03:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMoving the Medical Appoint Date and about CR1 visa fee
QUOTE (Ness and Keith @ Sep 3 2007, 10:09 AM) <{POST_SNAPBACK}>
Hi Guys,

I have two questions:

My Medical Exam Date is on Sept. 27, 2007.. I just want to ask if someone of you here had requested to move your medical exam early or late b4 the interview date..

Or does it necessary that medical will be performed 2 weeks before interview date?


1. What i'm planning to do is to request that to move it to OCT 1 at least near in my my schedule interview date to save time and money at same time.. Since my location now is in Cagayan De Oro..Did anyone here did this one before?

2. Does the CR1 Visa have the same fee with the K3 also the $100? Or this is only for K3 and none in CR1 only the Medical fee and the Debros?

Your input in this issue will highly be appreciated.

Have a great day!


Hello there. It should be that the only problem with having the medical exam and visa interview close together is that the visa cannot be granted on the day of interview but held for final approval until the medical exam results are received by the embassy. In London, this takes about four working days - not sure if it's different where you are.

I am guessing you've gone through NVC processing, in which case the CR1 visa will be paid by the interview date or has already been paid. It's the IV Fee bill, which is $380 USD. So nothing needs to be paid on the day of the interview, unless there's a small fee at your embassy for the visa to be sent to you.
MargotDarkoFemaleUnited Kingdom2007-09-03 05:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHave k3, going back to consulate for 130 interview??'s
QUOTE (CiCi&DonJuan @ Sep 5 2007, 04:21 AM) <{POST_SNAPBACK}>
Good evening!!

My husband recieved his K3 visa last november, and has been living with me in NY ever since.. We waited to be married for 2 years before filing for AOS, and at the same time, we recieved an interview date for his I130- CR1 interview in Ciudad Juarez. Although it seems like we will be spending un-necessary money, the ends wil benefit more than the means.. and we will be returning to the same consulate for this interview on October 5th.

My questions are,
- In the interview letter we do not have a medical exam date. does this mean that he does not need to repeat the exam, since he had one done less than a year ago? We recieved "packet 4"

- If this is a mistake, can he get his med exam done in nYC before the interview?

- I paid $380 way back last August before the case got forwarded to the consulate, (it was sent around the same time as the aff of support, the ds230 etc..) Is this the VISA fee? WIll I have to pay any other fee when my husband has his interview?

- DOes anyone know if there is any reason they would ask him to return ( the interview is on a friday) on monday for further interviewing, or what have been your experiences timewise inside the interview?

Any and all information, advice regarding my quest would be greatly appreciated.. Thank you all so much..


The exam shouldn't have to be repeated as it was less than a year ago. If I were you, I would contact the consulate to be sure.

Yep, the $380 you already paid is the visa fee, and if you have to pay anything on the day of the interview, it would only be the mailing costs for the passport and visa to be sent to you.

I can't answer confidently on your last question, but from reading other experiences, he wouldn't be asked to return for further questioning, but it seems he'd either be approved the same day or it's possible he'd be asked to send more documents/info by mail first.

Good luck! smile.gif
MargotDarkoFemaleUnited Kingdom2007-09-05 04:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat docs do you need to bring to the Medical Examination?
QUOTE (Len_and_Bren @ Sep 5 2007, 12:52 AM) <{POST_SNAPBACK}>
She should call the Embassy for specifics. For sure, 3 photographs 2x2 inches (look up photo requirements) and her vaccination records. Again, the Embassy is the best source of information.
Good luck, L.


Yep, definitely US passport size, but not necessarily three. Only one is needed in London, so Jamaica could be different as well.
MargotDarkoFemaleUnited Kingdom2007-09-05 04:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCiudad Juarez interview
Congratulations! smile.gif
MargotDarkoFemaleUnited Kingdom2007-09-05 04:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHubby's medical exam today in London
Thanks, guys! smile.gif
MargotDarkoFemaleUnited Kingdom2007-09-04 03:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHubby's medical exam today in London
My husband had zero problems today in London. He went to get some US passport-sized pictures before the exam, and was in and out of there in 10 minutes. It was only 11 GBP for 4 pics, and the guy knew what he wanted just by seeing the paper in my husband's hand (letter from embassy with photo place addresses) before he said anything! smile.gif

The exam went just as smoothly. He was in basically right on time at 1PM. He said the exam itself was very perfunctory and the x-rays were fine as well. He had proof of MMR, but he had to get and pay for TD, which wasn't a big deal either. I can post more details if I can get him to give more details tonight at home. smile.gif

We'll soon receive the I-864 and information from my dad, who's the joint sponsor, and then we'll be sending in the Ds-230 and DS-2001 (We're doing direct filing in London, bypassing the NVC). So hopefully we'll know the visa interview date this month! smile.gif
MargotDarkoFemaleUnited Kingdom2007-09-03 09:03:00
IR-1 / CR-1 Spouse Visa Process & Proceduresshould i sent more evidence of relationship?
Try not to sweat it yet, and don't send anything unless they request it. Have you called to check on your case? It's possible an RFE was sent but not received by you.
MargotDarkoFemaleUnited Kingdom2007-09-05 03:22:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIMPORTANT ...poverty guidlines?
Are the incomes you're listing before or after taxes? The amount that matters is the salary before tax, and it seems a bit strange that someone's salary would be $15,162.00 instead of a rounder number.

I am not sure if stocks can be counted as assests or not. I believe the requirement is that money can be turned into cash within one year. If you are able to include the stocks of $8,000 and that is how much she would actually received if she cashed out, then even if the $15,000 USD salaray is you've given is before tax, then you would be okay without a co-sponsor. She will need to show roughly $6,000 of assests if her income is roughly $15,000 a year before tax.

The guideline she's supposed to meet is $17,112.50 a year before tax. Assests have to be three times or more the difference between her income and the required income.
MargotDarkoFemaleUnited Kingdom2007-06-13 05:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCO-SPONSOR

hello to everyone

i have 2 questions i want to make sure of :

1- what form a CO-SPONSOR has to fill out for me and if it's I-864 does he/she have to complete the whole I864 OR JUST part of it?

2-what if a co sponsor has already filing for her fiance so is it possible to co-sponsor me?

THANKS


You never responded to me in your other post. What is your wife's salary before tax?

A co-sponsor fills out the same I-1864 and checks "joint sponsor". If their income meets the requirement for their household (which will include you), then they don't have to fill out the assests pages.

As long as the co-sponsor makes enough money for their household, it's fine as far as I know. Their household number should include theirself, their fiance, you, and any other dependants. If they live with someone who is not dependant on them, like a roommate, they don't count them in the household total unless that person wants to include their income and fill out a I-1864A.
MargotDarkoFemaleUnited Kingdom2007-06-14 07:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAfter getting CR-1 visa how long do you have to get to the US

How long do you have if your living oversees to get to the US once the visa is issued? i.e. how many months can you stay oversees before you have to depart for the US?

Another question I have is if you are working oversees, can your income count for the I-864? I am planning on living overseas with my spouse for a little bit and do not know if the income will be enough, so more than likely I will need a co-sponsor.

Another question... Can I use my parents address as domicile?


Six months is correct.

You cannot use overseas income unless it will continue when you return to the US. If you won't be in your spouse's country for long, you probably won't have a domicile issue. As long as you continue filing tax returns and keep American accounts open, your parents address should be fine. It can vary between different consulates though so I would check with someone who went through the same consulate.
MargotDarkoFemaleUnited Kingdom2007-06-25 06:14:00
IR-1 / CR-1 Spouse Visa Process & Proceduresdo i pay when i get the visa?

hi everyone

i am asking about the day of the interview....do i have to pay a fee when the issue me the visa if YES how

much ??

THANKS


It depends. Has your spouse filed with a US service center? If yes, then the visa fees are paid before in the interview, a total of $380 USD, during the NVC process. If you're not at the NVC point yet, search for James Shortcut to avoid having to sort out the fees yourself. The US spouse can be the agent and it's much easier for them to pay the fees in USD.
MargotDarkoFemaleUnited Kingdom2007-06-25 06:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 visa restrictions

All,
I am coming up on the time that I need to have the restrictions removed form the CR1 visa for my wife. What exactly are the restrictions? What do I need to do to have these restrictions removed? Please repsond


Thnak you,


Jerry & Johanna Ballou


You need to file the I-751. See the folder here that's called Removal of Conditions.

Edited by MargotDarko, 25 June 2007 - 06:25 AM.

MargotDarkoFemaleUnited Kingdom2007-06-25 06:24:00
IR-1 / CR-1 Spouse Visa Process & Proceduresthat part5 in I-864 confuses me ??

HI MargotDarko
THANKS to you and to all all members....thanks for your reply yet i like to clarify it more:

for the co-sponsor as said she is filing for her fiance who hasn't yet gone to usa. you know for fiance visa she fill out the I-134 fORM AFFIDAVIT OF SUPPORT not I-864....are we going to be THE TOTAL of 4 or 3 in this case ?? HERE do i have to include her fiance or not ? here f and e will be 0 or what ?

THANKS


Hmm... that's actually pretty complicated since she's filled out a different type of form and the fiance isn't in the US yet. My first thought is that actually the fiance is not her dependent yet because I believe the I-134 is not binding in the same way as the I-864 and that probably the household size is three. Hopefully someone else can chime in on this.
MargotDarkoFemaleUnited Kingdom2007-06-25 14:51:00
IR-1 / CR-1 Spouse Visa Process & Proceduresthat part5 in I-864 confuses me ??

HI EVERYONE

We need a cosponsor yet that part 5 sponsor 's housholde confuses me . who can help me to complete it ?

The cosponsor herself , has a daughter and sponsoring her fiancee and Me SO what shall i put for all these persons in item 21 : a , b, c, d, e , f , and g ?

THANKS


Your spouse will fill out a I-864 with a household of two (assuming it's just the two of you) and then co-sponsor will fill out a I-1864 with a household of four, and their income/assets must meet or exceed the requirements for a household of 4, not just make up the difference between your spouse's income and the requirement.

Line 10 will be 1, line 21 a will be 1, 21/b is 1, 21/c is 0, 21/d is 1, and then for e and f it depends on whether or not she has filled it out for the fiance yet and if he's in the US yet. If she hasn't filled out the I-864 yet, then actually both will be 0 and the total is only 3. If she has filled out the I-864 for her fiance and he's in the US, then e is 0 and f is 1 and the total is 4.
MargotDarkoFemaleUnited Kingdom2007-06-25 06:23:00
IR-1 / CR-1 Spouse Visa Process & Proceduresmedical exam in south africa
B)-->
QUOTE(mishka b @ Jun 26 2007, 03:19 PM) <{POST_SNAPBACK}>
i was wondering if anyone had any advice on what the medical exam entails? this is the scariest part of the whole process for me because i'm terrified of needles! i wanted to know if my yellow card would be enough proof of my vaccinations? it has dates and which vaccines were administered, but doesn't say at which institution. it has no official stamps or anything that would authenticate it. i'm dreading having to have them all again if that's the case!

i also read that they do a visual check for any STD's - and was wondering how invasive this might be? also, could anyone tell me how much we can expect to pay for the whole thing? any info would be greatly appreciated![/quote]

I'm sorry I can't offer specific advice since we're going through London. Have you tried posting in the region specific folder? You should get a good answer there. :)
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My Crafting Blog - On a Roll - Blogspot

Posted Image Posted Image Posted Image
_______________________________________________________

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 Kingdom2007-06-26 14:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDead Line Of Complition of IR-1

It says the entire process must be completed in 1 year..... but can anyone tell me wether it refers to completing the case from NVC with in one year or You should have got your visa with in one year that is complition of the process from Counslate or embassy

thanks for the reply's


I believe you're referring to the fact that an approved I-130 is good for one year. From the date the I-130 is approved, you have a year to apply for the visa.
MargotDarkoFemaleUnited Kingdom2007-06-28 04:49:00
IR-1 / CR-1 Spouse Visa Process & Proceduresform I-864 expires 9/30/06 ?

THANKS

if the really need the updated form before approval who can guide me to a link where i can have the updated form?
many thanks


http://www.uscis.gov.../form/I-864.pdf

Where is the outdated form? The link should be updated.
MargotDarkoFemaleUnited Kingdom2007-06-28 07:28:00
IR-1 / CR-1 Spouse Visa Process & Proceduresform I-864 expires 9/30/06 ?

hi to everybody



what if i send the form i-864 Expires 09/30/2006 instead of that one expires 10/31/2007 ? would that have any harm and thus be refused?


thanks to all


The USCIS website says that previous editions are not accepted. Your visa wouldn't be denied for that reason, but they would need the updated form before approval.
MargotDarkoFemaleUnited Kingdom2007-06-28 07:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 help

I need to file an I-864 for my wife to the National Visa Center. I have 2 questions the first do I list Gross or Net income on the form. Second about the number of house hold members. I know I count her as part of the household but dont know how to handle the children. I am divorced live alone and pay child support only for 2 kinds one almost 18 in 5 months and one 15. I married a woman from Belarus and she has 2 children One 18 and one 25. We married after the youngest turned 18. We married in September of last year. I need to get this back to them as quick as possible. If you could give me some guidence that would be greatly appreciated. My name is Chase and I live in Texas. Thanks in advance for any help you can offer.
Chase


Hello, Chase. You list gross income. As for the household size, you list both your own children as you pay child support for them right now even though it may end soon for one of them. About your wife's children - where are they now and if they're not in the US, will they be immigrating with your wife? Her children will only be included in the household size if they will be immigrating with her or if they are already in the US and you and your wife could claim them as dependents for tax return purposes. Does that make sense?
MargotDarkoFemaleUnited Kingdom2007-06-29 01:45:00
IR-1 / CR-1 Spouse Visa Process & Proceduresno photos of wedding?

You will need proof of a bona fide marriage. Wedding pics are nice, but that is not on the list of evidence list of bona fides. If you don't have co-mingling of financials, etc. you will need to submit 3 affadavits from relatives or firends who can attest to the bona fides of your relationship (i.e. that it is a genuine relationship and not just to convey an immigration benefit).

3 affidavits? Is this something new???


It's in the revised I-130, which was put out either last December or January. It doesn't actually say that three are required, but as it's plural, most people have found that having 3 is safest, but technically two could be okay. In this case, the word "affidavit" means sworn letters from family and friends attesting to the relationship - it's nothing to do with the affidavit of financial support.
MargotDarkoFemaleUnited Kingdom2007-07-01 04:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan I delay an application once it gets to the Embassy?

Thank you very much for your quick replies. I really appreciate it.

And I thought that you can leave the US again afterwards to settle everything back in your country until you are ready to move, but there's also a timelimit there.. I am sure somebody can clarify that.

I will try to find out the exact period, thank you for mentioning that. I had not considered that there could be a limit.

The other commenter is right that the visa is good for six months. Your and your wife could visit the US to activate the visa, stay with family for a bit and make sure the green card comes through okay and do the SSN bit.

I suppose it would be wishful thinking to have hopes that it might arrive within a week? :unsure: I am starting to think that perhaps it will be easier if I just find a job in the USA.


A week is a bit of wishful thinking, but two weeks is fairly realistic as long as there aren't any glitches.

It probably would be easier to find a job in the US, and also the non-risky road to take. You could wait to go to the US for the first time fairly close to the expiration of the visa (I would definitely leave some leeway just in case any travel plans go wrong), and then as long as you have an address to use in the US (a friend or family member), you could stay for a week or so and return to Japan for just a much shorter time - like three or four months instead of close to a year. Just being careful to return quite a while before the temp PR stamp in your wife's passport expires. That way you wouldn't have to wait for the physical green card.

The main issue really is always being able to safely say that actually your wife has established residence in the US and considers the US her home.

Edited by MargotDarko, 02 July 2007 - 06:58 AM.

MargotDarkoFemaleUnited Kingdom2007-07-02 06:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan I delay an application once it gets to the Embassy?
I'm going through direct filing, so I'm not exactly sure how your process works. Once the embassy receives the actual visa application and readiness for interview form, there isn't a way for you to really delay it (perhaps if the interview date they first give isn't possible then you could request another date, but not an actual delay). Also, once an I-130 petition is approved, it's only good a for a year, so there's no way to delay by 12 to 18 months.

The other commenter is right that the visa is good for six months. Your and your wife could visit the US to activate the visa, stay with family for a bit and make sure the green card comes through okay and do the SSN bit. You could then return to Japan to finish things, but you'll want to be careful. You shouldn't have too much of a problem spending up to a year back in Japan after finishing the process in America, but I wouldn't cut it close. And I would definitely make sure a friend or a family member was willing to let me to say their address was the permanent address of my spouse and I and that the stay in Japan was the temporary address.
MargotDarkoFemaleUnited Kingdom2007-07-02 04:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat are the`advantages of CR1 over K3?

We filed an I 824 to have my I 130 sent to the NVC- in my case- I left the US when I wasn't supposed to and had to go through the Visa process in Canada. We filed the I 824 in November, paid the $200. It just got approved a week ago. 9 months. It was knowing that the I 824 was at least a 6 month waiting time is what made us file for a K3.

I am back in the US now with a K3- my K3 took 5 months start to finish. The K3 path was worth it for us. Yes I have to go through EAD and AOS, but I am here with my husband and it is worth it.

That's the way I'm thinking. I need to save money as a single Dad and am not a paperwork guy. But we all need to be together, as a family. Priceless, like the ad says.

From times on this board I'm seeing 329 days for a CR1, and 187 for a K3. That's 142 days less. Could that be right?


For someone who feels the extra cost wouldn't be too hard to swallow and for a foreign spouse who isn't concerned about working right away, you will probably find the K3 better for your situation. As you said, AOS will be a hassle, but as lease she be with you while she does it.
MargotDarkoFemaleUnited Kingdom2007-07-05 02:38:00
IR-1 / CR-1 Spouse Visa Process & ProceduresShould I continue with my I-129F application?

I have recently got approval for both the I-130 and I-129F applications for my wife and child. My question is, should I drop the I-129F processing altogether? I was thinking that we may proceed to finishing off the I-130 instead while my wife and child are still in England. What are the downsides?


I agree with pushbrk. I think that you are stuck with K3 unless you are willing a wait a really long time for the I-824 to get through. The best course of action when I-130 and I-129F are approved at the same time is just to go with K3.


Definitely agree with this.
MargotDarkoFemaleUnited Kingdom2007-07-07 08:50:00
IR-1 / CR-1 Spouse Visa Process & Proceduresharbouring an overstayed alien
I've been reading some other threads - you will just need to file a wavier. I was worried that perhaps you really would have to face the three year ban for the more than 180 days overstay.

About your husband - I can't imagine there would be any problem. I would think harbouring an illegal alien must involve intention to hide an illegal alien when they were going through some type of proceedings.
MargotDarkoFemaleUnited Kingdom2007-07-07 09:34:00
IR-1 / CR-1 Spouse Visa Process & Proceduresharbouring an overstayed alien
You're currently not in the US right? I believe you should look into whether or not your overstay will cause problems with the CR1 process. I know that more than a 180 day overstay can be quite bad. :(

Edited by MargotDarko, 07 July 2007 - 09:26 AM.

MargotDarkoFemaleUnited Kingdom2007-07-07 09:26:00
IR-1 / CR-1 Spouse Visa Process & Procedureswant know what this email mean?

HI TO EVERYONE
After 10 days of sending an email to nvc appointning my wife as my AGENT i got this email

"Your inquiry has been received at the National Visa Center (NVC).

The NVC has updated the address. Please continue to notify the NVC of
any change of address or change in personal situation, which may affect
the beneficiary's entitlement to a visa.

A packet containing the Affidavit of Support (I-864) Processing Fee
Bill has been sent to the petitioner or attorney of record. The payment
due amount listed on the fee bill must be paid according to the
instructions before the I-864 will be accepted.

The NVC is resending a duplicate packet. Please allow at least 10-15
business days for the packet to arrive.

NVC has received the Agent of Choice selection. The Immigrant Visa
Application (DS 230) processing fee bill will be sent to the designated
agent on the case. The fee must be paid according to the instructions
before that form will be sent. Please allow two to four weeks for the
designated agent to receive this fee bill."

what does this email mean ???


Yep to everything Pauline said. You have successfully appointed your wife as the agent and she will receive the forms for the IV fee bill (basically a bill for the cost of the visa itself) and the fee for the I-864.
MargotDarkoFemaleUnited Kingdom2007-07-07 13:30:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisa suspended 221(g) help!

Yes he was living over here in the Uk with me from when we were married up until February of last year, hence he has not had any earnings in the US for these years, 2006 was the first year since our weddng that he has been earning in the US, ie his first time filing US taxes as a married man.

It was always our intention to relocate back to his homeland one day, this was the year we decided to do that, and damn do I wish we'd done DCF before he left , you live and learn :(

Sarah and Brian


He should have been filing while living in the UK and using a 2555 to exclude his foreign income. I guess that didn't come up at the interview since they only ask to see the previous year's return. He might want to call the IRS hotline and ask though - they or the US embassy can help him back file.


He is WAY behind in his taxes....He needs to make an appt with the nearest IRS office and go in and work this all out. He is still required to file a return for all the previous years even though all of his earnings are excludable and no tax was due.

If he files as MARRIED FILING SEPARATELY, then you will be require to file a return as they will be waiting for your return filing the same way to settle the account even though you would not owe any tax...i.e. you woud still have to apply for the ITIN.

Filing separately may settle the roblem with the Consuate as your reeturn would mean nothing in support of the aff. of support, but will cost you guys an arm and a leg in terms of potential tax savings.

I would probable file as married and just wait out the ITIN and get all the previous years settled.


Are you sure they would be waiting for her tax return as the husband will mark NRA (non-resident alien)? Non-resident alien aren't liable for US taxes I thought.


No, Im not sure. More of a reason to go to the IRS office and talk with an agent to get it al settled.

They have to file as married, either jointly or separately. If they file separately, then they wil need two returns....one from each. There is an on-line tax publication you can read also to get a better understanding of it all.


Sarah's husband should verify this with the IRS, but I really don't think Sarah has to file a 2006 tax return. She was a non-resident alien for the entire year.
MargotDarkoFemaleUnited Kingdom2007-07-08 15:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisa suspended 221(g) help!

Yes the IRS could make our future lives a nightmare if the fact that my husband had zero income in the Uk and he has spoken directly to someone at the IRS regarding the situation,( and in fact been granted an extension, which I mentioned in my very first post on this thread) then yes I suppose maybe they still could, make our life together a nightmare, but as I also stated at the start of this thread, I am already devasted enough and my immediate concern was in establishing the best and quickest way to go about filing his return for the year 2006 , however I am beginning to wish I had never asked as I now feel a whole lot worse than I alread did.


I'm sorry I made the assumption that he had been working in the UK. He can verify this with the IRS, but if he didn't make money in the UK then I don't think he needed to be filing as I had assumed.

I don't think that filing "married - filing separately" is reckless.

I hope that in the end you find posting more helpful than not.
MargotDarkoFemaleUnited Kingdom2007-07-08 15:37:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisa suspended 221(g) help!

Yes he was living over here in the Uk with me from when we were married up until February of last year, hence he has not had any earnings in the US for these years, 2006 was the first year since our weddng that he has been earning in the US, ie his first time filing US taxes as a married man.

It was always our intention to relocate back to his homeland one day, this was the year we decided to do that, and damn do I wish we'd done DCF before he left , you live and learn :(

Sarah and Brian


He should have been filing while living in the UK and using a 2555 to exclude his foreign income. I guess that didn't come up at the interview since they only ask to see the previous year's return. He might want to call the IRS hotline and ask though - they or the US embassy can help him back file.


He is WAY behind in his taxes....He needs to make an appt with the nearest IRS office and go in and work this all out. He is still required to file a return for all the previous years even though all of his earnings are excludable and no tax was due.

If he files as MARRIED FILING SEPARATELY, then you will be require to file a return as they will be waiting for your return filing the same way to settle the account even though you would not owe any tax...i.e. you woud still have to apply for the ITIN.

Filing separately may settle the roblem with the Consuate as your reeturn would mean nothing in support of the aff. of support, but will cost you guys an arm and a leg in terms of potential tax savings.

I would probable file as married and just wait out the ITIN and get all the previous years settled.


Are you sure they would be waiting for her tax return as the husband will mark NRA (non-resident alien)? Non-resident alien aren't liable for US taxes I thought.
MargotDarkoFemaleUnited Kingdom2007-07-08 08:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisa suspended 221(g) help!

Yes he was living over here in the Uk with me from when we were married up until February of last year, hence he has not had any earnings in the US for these years, 2006 was the first year since our weddng that he has been earning in the US, ie his first time filing US taxes as a married man.

It was always our intention to relocate back to his homeland one day, this was the year we decided to do that, and damn do I wish we'd done DCF before he left , you live and learn :(

Sarah and Brian


He should have been filing while living in the UK and using a 2555 to exclude his foreign income. I guess that didn't come up at the interview since they only ask to see the previous year's return. He might want to call the IRS hotline and ask though - they or the US embassy can help him back file.
MargotDarkoFemaleUnited Kingdom2007-07-08 07:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisa suspended 221(g) help!

OOOh thankyou,

That's very helpful.

Can I just clarify? For the consulate's purposes, his submitting his tax information via the 1040 (and /or an application for my ITIN number) is evidence enough of submission of tax information? ie if he copies the forms and sends me copies , those are what I submit to the consulate in order to complete our visa processing?
or is it the case that we need to wait on confirmation from the IRS that they have recived his 1o40 and updated it onto their system? do they then issue him any paperwork to confirm this that I might need to submit to the consulate?
I hope that question makes some sort of sense, I simply do not wish to make any further mistakes at this delicate stage.

Thankyou again for your advise thus far

Sarah and Brian



Hmm... I'm not totally sure on this one. If this was before your interview, I'd say just the copy and proof of postage should be fine. Now that this is the reason you've been given a 221g, they might be looking for more proof. What you could do is submit the copy and proof of postage and see what happens. My guess is that either they'd say it was fine or they would say you had to have proof from the IRS before they could issue the visa. I know it's expensive, but you could also call the embassy and ask. Good luck by the way - what a pain to be so close and have this happen!
MargotDarkoFemaleUnited Kingdom2007-07-07 08:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisa suspended 221(g) help!

I am currently in absoulute pieces ;

I had my visa interview at the American embassy in London yesterday, which I have to say was possibly one of the most unpleasant experiences in my life, (more on that in another post), .
I was not issued with my visa yesterday but that is not the reason that I felt it to be such an unpleasant experience, Iwould have felt the same way if I had of passed the interview.

Anyway onto my question(s);

Our visa was not granted but has been suspended under section 221(g), the reason being that I did not have my husbands(The US citizen),
2006 tax return.
The reason for that was that he had not filed this year but had been granted an extention b the IRS to file up until October of this year, when we were hoping I would be safely settled in over there with him and have a SSN number in order that we might file together.I explained this to the interviewer and furnished her with a copy of the fax from the IRS granting my husbad an extension for filing his tax return, however this was not acceptable.
Fair enough, rules are rules and I accept that we will now have to provide this information, but here,s our problem and this is also partly why we hadn't sorted this out prior to the interview.
Just how best does my husband file his taxes, if he files as married, he will need my social security number, which obviosuly as a future pending American I don't have, yes we could apply for an ITTN number but have been told by the IRS this could take months to issue. If he files as single surely that would look bad in the eyes of immigration, believe me I have searched long and hard on the internet, this forum included to try an find an answer to the tax issue in the past but have always just found myself going round and round in circles and never finding a definitive answer, this is just soo frustrating, as it has already been 12 months since we started this process and have only visited each other twice during that time.
Please,please if anyboday can advise what to do in this situation we would be extremely grateful.

One other thing, has anyone ese been in this situation, ie recieved a 221(g) following an interview at the London emassy, and if so could you advise on approximately how long it is likely to take for them to process our visa once they are in recieptt of a tax returnthe requested forms.


Thankyou so much

Sarah and Brian


I'm sorry I can't help with the 221(g). However, he cannot file as single - it isn't legal. He must file as "married - filing separately" if you do not want to apply for an ITIN. He can then write N/A in the SSN line for you. He will still give your name though as his wife, and if he wants, he could include a letter stating that you are not a USC or resident in the US. He may miss out on some married benefits, but it saves the hassle of applying for an ITIN for you and you having to prepare a 1040 with the 2555 foreign income exclusion. About the ITIN though - you don't have to wait for the number to file. You include the W7 with the 1040s and send it all to a certain address in Texas. He would copy everything before mailing, and give you the copies and proof of postage to you as proof of filing.
MargotDarkoFemaleUnited Kingdom2007-07-07 08:24:00
IR-1 / CR-1 Spouse Visa Process & Proceduresnegative marks on police check affecting visa application

hi,
i just now have read your reply!

wow! so our interview is in 2 days and my husband is freaking out big time, especially since i am not there with him.
we are paranoid about his drink driving offense from 10 years ago hindering his visa outcome.
i've read we may need a waiver, but i don't know anything about it!! what is this waiver? does he need it for the interview? will he be told to do this waiver only if he is refused??
what are moral turpitude crimes?
omigosh, we are totally losing our minds...

what did you have to do your waiver for?
why were you refused AOS?
what is your story, sorry... i have so many questions!!!

we're desperate for answers,
write soon,
bee


Hi, justbee. I'm sorry for your situation - try to relax if you can because it should be okay in the end. You do not need to have done anything for the wavier yet. If your husband receives a denial (remember that this does not mean in any way that he will never receive a green card), then you will need to do the wavier. There is a folder here about waivers, and it should be quite helpful. For now, just focus on getting through the interview and taking things as they come.

EDIT - Also, you do not have to worry about AOS that andy is referring to. That's adjustment of status not affadivit of support. You're going through the process for an immigrant visa. If it's denied and then the wavier is approved, you won't have the same problems andy has run into.

Edited by MargotDarko, 09 July 2007 - 05:29 AM.

MargotDarkoFemaleUnited Kingdom2007-07-09 05:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresGoing for IR1 - I 130 approved at CSC (and I 129F still at VSC)

I just had the I 130 approved (YES!!!) at the CSC. My I 129F is at VSC still pending. We want to go for IR1/CR1. How do I know if the I 130 will be sent on its own to NVC, or if I need to send the $200 to get it sent there?

Thank you.


Since the I-130 was approved first, it should be sent to NVC first and therefore no need for the I-824 and $200 fee. You won't know for sure until one or the other happens though I believe.
MargotDarkoFemaleUnited Kingdom2007-07-09 08:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFather-in-inlaw is the sponsor

pushbrk,

There is no requirement that the petitioner must be the financial sponsor for a K visa applicant. The sponsor can be anyone who meets the financial requirements and who the consular officer believe will actually put out the money should it be required.

Yodrak

Hello my good VJers. I really would like to thank you all for your kind advice to people like me who knows less about immigration processes......My wife's father i.e my father-in-law is the sponsorer and he is the one filling the I-134 plus all other of his financial documents like bank statements,tax income return for the last 3yrs,letter from his employer,pay stub and other financial documents. Now the question is do i need to submit my wife's financial papers too>> Someone please tell me what to do as our interview is set for the 11th of july which is 4days from now........Any piece is advice would be appreciated as usual...

Regards,

Jamil


Your wife's financial papers are also needed. The father in-law can only be a co-sponsor. If you'r using an I-134 for her father, you need one from her too. You do not submit them. You turn them over if and when asked for them.


I thought it was different for a non-immigrant visa and the I-134? And then when they adjust status, the wife has to be the sponsor and the father-in-law co-sponsor on the I-864. Or is that since they will eventually have to adjust status on the K3 or complete the I-130, the interviewer might ask now for his wife's financial documents?


K visas are adjudicated by immigrant visa units because they have immigrant intent. The PI, for instance, won't accept any sponsor but the USC Fiance as sole sponsor. No co-sponsors are accepted. There may be a Consulate out there accepting somebody other than the Fiance or Spouse as primary sponsor for K visas but I don't know of it.

Other non-immigrant visa applicants can be supported by any sponsor.


khjandjamil,

Yes.

Yodrak

Please note i am willing at the embassy for CR1 interview. Do i still need to submit my wife's financial docs?


Thanks for chiming in, yodrak. Does this mean that although the petitioner does not have to be the sponsor for K visas, their financial documents should still be shown at the interview? Or are you saying that her documents need to be shown in this case because they are trying for a CR1 interview?
MargotDarkoFemaleUnited Kingdom2007-07-09 05:17:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFather-in-inlaw is the sponsor
I should be more clear. No matter what, as pushbrk corrected me, with the K visas or with the CR1 visa, your wife must be the sponsor and your father-in-law is the co-sponsor. For a K3 both your spouse and father-in-law must fill out the I-134 and give you their financial documents. For the CR1, both of them must fill out the I-864 and give you their financial documents.
MargotDarkoFemaleUnited Kingdom2007-07-08 15:29:00