ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & Proceduresconfused topic..

They don't have time to clear it through NVC before the interview but they still have the choice of going ahead with it, returning to the home country and interviewing for an immigrant visa instead of adjusting status.


Right, but his wife would be given a K3 visa in August, right?


People who enter on a K3 visa can either adjust status while in the US or go home for a CR1 interview and return on the new visa to obtain their green card.

To soni - I think that K3 visa holders can apply for employment authorisation and then apply for a SSN. Perhaps it says in the K3 guide. You might find that's not worth it though as employment authorisation takes about three months and would be granted with the green card anyway. If she can find it though, she can do volunteer work (truly volunteer, not just an unpaid position that would usually be paid).

Edited by MargotDarko, 26 July 2007 - 03:36 AM.

MargotDarkoFemaleUnited Kingdom2007-07-26 03:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI notice something about CR1 on one of letter send my NVC

true i got it now thanks gusy u gusy are awsome and very prompt replies


Just to reassure you further, there's no difference between the privledges she will receive on her green card. The only difference is that 90 days or less before her two-year green card expires, you will have to apply to remove conditions (I-751 form).

Correct and pay $545 after July 29th to file form I-751


Yep, and who knows how much it will be when it comes time to file. I try not to think about it! :P
MargotDarkoFemaleUnited Kingdom2007-07-26 07:22:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI notice something about CR1 on one of letter send my NVC

true i got it now thanks gusy u gusy are awsome and very prompt replies


Just to reassure you further, there's no difference between the privledges she will receive on her green card. The only difference is that 90 days or less before her two-year green card expires, you will have to apply to remove conditions (I-751 form).
MargotDarkoFemaleUnited Kingdom2007-07-26 03:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864
Sounds like you're all set. As your father-in-law is using only his income, his wife does not have to fill out the I-864A or show any documents. She should be included in his household number though. So if it's just them, with you as the immigrant, his household number is 3.
MargotDarkoFemaleUnited Kingdom2007-07-27 04:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAnyone tried it from inside the USA?

Thank you for your replies.

I understand everything about doing the paperwork from outside the US. From what I've been able to find, it's less clear about doing it from inside. What I find vague is the part about the spouse being 'legally' in the USA in order to file a Petition.

Obviously, this is meant to cover people who are already living there on work visa, etc. But I was led to believe that there might be some cases of spouses not having to return to the foreign country (despite having entered on the 3-month waiver) to wait for the final visa.

What I was hoping for was someone who had actually managed to do that confirming it by answering my post. I'm not looking for some illegal way to get my spouse's green card...what on earth for? :)

Just trying to verify or not that the separation is not always imposed on a foreign spouse of an American during the process if the filing was done from inside the States.

:D


Hello. :) It will not be possible in your case for your spouse to not have to return to France. It is illegal to enter with the intent to immigrate and then file for adjustment of status. Your spouse can visit but must return to France before the 90 days is over. Your spouse cannot enter the US and stay for good without an appropriate visa.
MargotDarkoFemaleUnited Kingdom2007-07-18 10:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAnyone tried it from inside the USA?

Your question isn't making sense to me. If you're asking about being able to file the I-130 while living abroad, the USC must meet the embassy's requirements for residence. After filing the I-130, the USC can return to America. What is it that's discouraged in the guidelines?


I believe he/she is basically saying they want to come to the U.S. and then file from within the U.S..


Oh... hmm... Well, if you, lostinfrance, mean the foreign spouse coming for the three month visit they're allowed (I believe France is part of the visa wavier programme), then it's perfectly fine for the USC spouse to file the I-130 and keep going ahead with the process. The foreign spouse just has to leave before the end date on their I-94 and has to have either a K3 or a CR/IR1 before returning to the US for good. The immigration officer may not believe that the foreign spouse intends to return home before the 90 days is up and can refuse entry, so the foreign spouse should bring things like a letter from an employer/uni and a copy of their lease/mortgage at home. What is not allowed is for the foreign spouse to enter the US with intent to immigrate and then file for adjustment of status (I-485 form).
MargotDarkoFemaleUnited Kingdom2007-07-17 15:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAnyone tried it from inside the USA?

Hello, Everyone. This is my first post here. Best wishes to everyone with their visas!


I would appreciate any feedback on the following question...

Has anyone here of American nationality residing overseas ever done the I-130 Petition process for a foreign spouse (of over 2 years) and only upon arrival back in the US from that foreign country?

Has anyone ever done it with the spouse on a regular 3 months tourist visa?

I'm not particularly keen on the idea (bit of a scaredy cat, I am) and I see in the guides here that it is discouraged but I would like to know if it's been done and how it went.

Thanks for reading.


Your question isn't making sense to me. If you're asking about being able to file the I-130 while living abroad, the USC must meet the embassy's requirements for residence. After filing the I-130, the USC can return to America. What is it that's discouraged in the guidelines?
MargotDarkoFemaleUnited Kingdom2007-07-17 14:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR 1 spouse immigrant visa

Since we're on this subject. I know that this could be different based on the state you live in, but is the stamp they get at the airport enough to get a driver's license or do the have to have the greencard in hand?


It should be enough - but individual DMVs or employees might not recognise it or accept it. It's a temporary green card but it comes with the same level of permanent resident privelges, it's just a temporary thing until the green card is printed and mailed.
MargotDarkoFemaleUnited Kingdom2007-07-27 10:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR 1 spouse immigrant visa
As the others have said, your wife is already authorised to work and will automatically receive her green card by mail fairly soon. All you have to worry about now is removing conditions on the green card 90 days or less before it expires (which will be in roughly two years). That's the I-751 form and there's a fee attached which I think is about to be $545 USD, but you don't have to worry about that for a while. Just don't forget to do it - you won't receive anything from USCIS saying that it's coming up.
MargotDarkoFemaleUnited Kingdom2007-07-27 10:17:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1/IR1 Questions and Doubts (Marriage in Brazil)

So far, I have been gathering as much information as possible and i've come to the conclusion that its best to file for the CR1/IR1 instead of the K-1 or K-3 for the following reasons:

The CR1/IR1, although may be more time consuming than the other processes, but while I wait for it to be approved and if approved it'll allow me to enter the US with a 10 year Green Card... avoiding having to Ajust my Status with the AOF and spend $1010 which will only give me a 2-year Green Card which I will eventually have to extend to 10 years and spend an extra $650.

So over all... the CR1/IR1 will be faster... because I will enter the country as a permanent resident and with a 10-year Green Card... and I'll avoid all those fee's that can add up to almost $2000 and the 2+ year wait to renew my status.

Although the CR1/IR1 may take longer, it seems to be the best option...

But I read that its possible for me and my girlfriend to get married without her having to leave the Country and without having me leave my Country. If that isnt true then ill go through the process of her coming to Brazil to marry me. Although the former would be much better because as soon as we get married (without having her leave the US) she can right away file the I-130 and G-325a and the rest.

So I think its best to not file the I-129f (K-3) and just file for the I-130 (CR1/IR1)

The only problem is the following... as I have stated before, I was raised in the US, went to school in the US, which was where I met my current girlfriend (the whole highschool sweetheart thing lol) Left the US at age 17 (never was able to get my Drivers License). So since the G-325a is a Background check... will I have any problems with this???

Also... if it's possible for them to know that I have lived in the US... is it better for me to put that on the I-130 form? or should I leave it out? Will putting that I have already lived in the US on the I-130 ruin my chances of getting the CR-1 Visa????

(Exta info... I was never deported I just moved to Brazil and never went back because my passport was stolen)


I have never heard of being able to marry without being in person together, but I don't know anything about marriage laws in Brazil.

Since you will be married for less than two years when applying, you would get the CR1 visa not the IR1 visa. That visa results in a two-year green card, and roughly two years after entering you would have to apply for removal of conditions.

You must answer all questions about your time spent in America. Do not attempt to hide anything. It will cause major problems and I can't see how you could avoid an initial visa denial and having to file a wavier, but that is MUCH better than what will happen if you hide something that is later discovered.
MargotDarkoFemaleUnited Kingdom2007-08-01 03:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarriage with US citizen In Brazil CR1, K1, K3 Help

Go for K1 Visa, it' called fiance visa, you will have to marry her within 90 days when you enter the US on that visa. So far seems to be the fastest.

If you guys decide to marry than you'll have to apply for CR-1 visa with I-130 and than as soon as you receive the NOA1 from CSC you'll have to file a 129F for a K3 visa. This is the process I'm following.

Any american citizen can be your sponsor, tipically is your fiance or spouse, maybe it can be a permanent resident too, I don't know this.

Good luck, anyway, look up K1 visa and if you decide to get married first CR-1 / K3 visa, these are your options.

I just wanted to point out that you don't have to file the 129F for a K3 Visa....


That's not true unless something has just changed.

I guess that came out wrong... what I meant was it is not mandatory to file for a 129F/k3 visa...


Ah, I see! :) Yes, that's a good point about how the K3 is just an option.
MargotDarkoFemaleUnited Kingdom2007-08-01 09:08:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarriage with US citizen In Brazil CR1, K1, K3 Help

Go for K1 Visa, it' called fiance visa, you will have to marry her within 90 days when you enter the US on that visa. So far seems to be the fastest.

If you guys decide to marry than you'll have to apply for CR-1 visa with I-130 and than as soon as you receive the NOA1 from CSC you'll have to file a 129F for a K3 visa. This is the process I'm following.

Any american citizen can be your sponsor, tipically is your fiance or spouse, maybe it can be a permanent resident too, I don't know this.

Good luck, anyway, look up K1 visa and if you decide to get married first CR-1 / K3 visa, these are your options.

I just wanted to point out that you don't have to file the 129F for a K3 Visa....


That's not true unless something has just changed.
MargotDarkoFemaleUnited Kingdom2007-08-01 03:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestions about sponsor's responsibility
As long as he trusts you and your husband, he can feel totally comfortable signing it. He won't have to actually do anything unless your husband ever gets means-tested benefits before becoming a citizen (and then he'd only be responsible when/if the govt tried to claim the money from him), and I'm guessing you would both do everything you could to never get to that point. :) Also, does your husband plan to naturalise as soon as possible? If so, you can reassure your sister's husband that the potential responsibility will end roughly three years after your husband gets his green card. :)
MargotDarkoFemaleUnited Kingdom2007-08-02 04:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview London, Form I-864
I thought you had to take it with you, i may be wrong, if at worst you could just take a copy of it with you? No harm in being prepared in case you do need it eh
NikkisPreciousMaleUnited Kingdom2007-06-20 07:30:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864A Sample/Example
http://www.visajourn...-Form-I-864.pdf
MargotDarkoFemaleUnited Kingdom2007-08-16 12:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview Casablanca

First of all, I would like to thank all the VJ members for the information they provide but I also would like to ask something about the interviews and especially the ones conducted in Casablanca.
In 2 weeks my husband will go for an interview in Casablanca and therefore I would like to know whether the fact that his brother is the one who introduced us to each others is a red flag? Does he have to state or not this fact if he is asked during his interview?

Thank you in advance.


He should definitely tell the truth if asked how you met (and he probably will be asked). It could be a red flag, but don't try to hide it. He should emphasize how your relationship blossomed, the things you have in common, etc.

There is a thread in the Middle East/North Africa regional forum specifically about the consulate in Casa. You'll find a lot of good information there. Click here.



For my own better understanding, what would the red flag be in regards to the brother introducing them? :)


Some people whose visas have been denied at the consulate level in Casablanca have suspected it was because of having a family member in the States. However...it is speculation at best. For Casablanca it appears to be a question of visa fraud. Did the family member in the States pay off the petitioner? Or...is the petitioner being used merely as a way to come to the States (since other routes are much more difficult from Morocco)?


Ah, I see. Thanks for that explanation.
MargotDarkoFemaleUnited Kingdom2007-08-17 07:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview Casablanca

First of all, I would like to thank all the VJ members for the information they provide but I also would like to ask something about the interviews and especially the ones conducted in Casablanca.
In 2 weeks my husband will go for an interview in Casablanca and therefore I would like to know whether the fact that his brother is the one who introduced us to each others is a red flag? Does he have to state or not this fact if he is asked during his interview?

Thank you in advance.


He should definitely tell the truth if asked how you met (and he probably will be asked). It could be a red flag, but don't try to hide it. He should emphasize how your relationship blossomed, the things you have in common, etc.

There is a thread in the Middle East/North Africa regional forum specifically about the consulate in Casa. You'll find a lot of good information there. Click here.



For my own better understanding, what would the red flag be in regards to the brother introducing them? :)
MargotDarkoFemaleUnited Kingdom2007-08-16 03:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview Casablanca

First of all, I would like to thank all the VJ members for the information they provide but I also would like to ask something about the interviews and especially the ones conducted in Casablanca.
In 2 weeks my husband will go for an interview in Casablanca and therefore I would like to know whether the fact that his brother is the one who introduced us to each others is a red flag? Does he have to state or not this fact if he is asked during his interview?

Thank you in advance.


Hello there. What is your concern with his brother introducing you two? Also, no matter what, your husband must always honestly and directly answer any questions asked during the interview. He doesn't need to give tons of unasked for detail - but he must tell the truth and not attempt to hide anything.
MargotDarkoFemaleUnited Kingdom2007-08-15 17:10:00
IR-1 / CR-1 Spouse Visa Process & Proceduresis all the pinned stuff out of date ?

MD,
others in your situation have been successful with London.
Evidence from Day One.


That's great to hear. I'll talk to my husband, but I think we'll go ahead with it and then report back on the response. Thanks.
MargotDarkoFemaleUnited Kingdom2007-02-02 11:54:00
IR-1 / CR-1 Spouse Visa Process & Proceduresis all the pinned stuff out of date ?
Thanks for the help. It looks like it wouldn't hurt to attempt it. I have plenty of proof that I've been legally living in the UK since 27 July 2005 (first on a student visa and now on FLR).

I'll be filing the I-130 with the intention of filing for a K3 once we get approval.

That will be a very long and useless wait. The K-3 is to tide you over until the I-130 is approved. If you wait to file for it until you have approval, you'll no longer need it.



I think I'm using the wrong wording. I'm only starting to learn the process. I believe I should have said that I plan to file the I-129F when I receive the first NOA. That's before the I-130 is actually approved, isn't it?

That's the ticket.. The first "NOA" is a receipt; that's what you include with the I-129f submission.

Are you sure your file would not be accepted in London? This might be a good time to swoop in on them. The overseas CIS offices ARE accepting I-130s at this moment. London has a CIS Field Office.


MargotDarkoFemaleUnited Kingdom2007-02-02 11:46:00
IR-1 / CR-1 Spouse Visa Process & Proceduresis all the pinned stuff out of date ?

I'll be filing the I-130 with the intention of filing for a K3 once we get approval.

That will be a very long and useless wait. The K-3 is to tide you over until the I-130 is approved. If you wait to file for it until you have approval, you'll no longer need it.



I think I'm using the wrong wording. I'm only starting to learn the process. I believe I should have said that I plan to file the I-129F when I receive the first NOA. That's before the I-130 is actually approved, isn't it?
MargotDarkoFemaleUnited Kingdom2007-02-02 11:38:00
IR-1 / CR-1 Spouse Visa Process & Proceduresis all the pinned stuff out of date ?
How awful! I don't understand - how can you file a I-130 in London when London says they won't accept it and now even DCF for people with ILR won't be accepted? They're not making any sense! This makes me feel kind of panicky for our I-130. I wonder if it's possible to put down my permanent US address and then in the section where it says when did you last live together, give our current address and put the dates as "July 2006 to Present". I'll be filing the I-130 with the intention of filing for a K3 once we get approval.


UPDATE!!!!

just received a DHL pack - the application has been to Nebraska and they sent it to California and California has sent in back to us in the UK to say file in LONDON !!!!

the absolute ROTTERS !

London said file in Nebraska !! and so we have it - full circle

and I know people who have filed in London and London then send it back saying you are a conditional UK resident so file it at the service centre covering your last place of residence in the US !!!

These people are just horrible - they have costs us weeks and money and angst - what is the matter with them ? why couldn't California send it to London ? why just throw it back at us ?

I am in despair now and I can see it going round and round and round forever-

anyway I have sent it to London - perhaps some bright spark there might be able to get us off this bureaucratic merry-go-round !!!

alan

ps thanks for seeing the typo mags


MargotDarkoFemaleUnited Kingdom2007-02-02 11:13:00
IR-1 / CR-1 Spouse Visa Process & Proceduresis all the pinned stuff out of date ?
I will be very interested in any replies to this as my husband and I are both in the UK as well and I'm going to submit an I-130 soon.

Do you know whether your wife should use her UK address on the form? I have a permanent mailing address in the US but I have Further Leave to the Remain in the UK. I don't know which place the USCIS would actually consider me to be resident it.

Edited by MargotDarko, 02 February 2007 - 10:13 AM.

MargotDarkoFemaleUnited Kingdom2007-02-02 10:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresLondon USCIS rejects our I-130
Hopefully if the London field office won't process it, they'll forward it for us. I have a feeling they might send it back to us though since we'll be filling out the credit card form for the London office, and the Nebraska office would have to have a US dollar check. Oh well, we'll just have to see. If I have to forward it to Nebraska myself, I'll make it very clear that London told me to do it!

I hope you get your NOA1 soon! You guys deserve it.
MargotDarkoFemaleUnited Kingdom2007-02-07 08:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresLondon USCIS rejects our I-130
What a viscious cycle! Makes me less hopeful for my own I-130 I'm going to send to London, but it sounds like it's best to start there first anyway.
MargotDarkoFemaleUnited Kingdom2007-02-07 07:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAssembling I-130 Question

Hi Everyone,

I have read the assembling instructions for filing of I-130 petitions. Am I correct in understanding that I need a cover letter for the I-130? If so, is there an example of the cover letter that I may go by?

Please forgive me if I seem to be asking some stupid questions here ok. It's just that I'm soo nervous about not doing everything with the petition correctly.

All info and or advice is soo much greatly appreciated.

Blessings,

sandybabe_onuh


It is good to supply a cover letter. You can kind of follow the format of the cover letter for I-129F in the example forms here, just changing the details to the I-130 situation. The basic idea is to explain what you're petitioning for and why, and to include a checklist of all the forms and copies of documents you've provided.
MargotDarkoFemaleUnited Kingdom2007-02-10 05:56:00
IR-1 / CR-1 Spouse Visa Process & Proceduresneed more evidence--please respond

I finally got the request of more evidence letter...basically what they want is marriage certificate... Since I got married in India and being a Christian I got the "Church marriage Certificate" and "marriage agreement" from the court ....Did anyone had to go through this...please let me know ...the thing is to get marriage certificate India is very long process


I'm sorry I don't have any concrete answer here for you. I would look in the India folder under Regional Discussion and perhaps repost there. My guess is that if you already included a copy of the "church marriage cert" and a copy of the "marriage agreement" and they are now requesting the "marriage certificate" that you really will have to get it. I'm sorry to hear it's a long process - I would start it the process right away in case that's what they actually need.
MargotDarkoFemaleUnited Kingdom2007-02-18 17:23:00
IR-1 / CR-1 Spouse Visa Process & Proceduresneed more evidence--please respond

i havent got the mail yet but Does anyone knows what they might need? or anyone ever got this kind of mail?

On February 12, 2007, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.


Like the others have said, it could be any number of things for all sorts of reasons. I wouldn't sweat it. Just wait for the notice to come in the mail and I'm sure it will explain what they need you to submit. Post again if the notice that comes in the mail doesn't make sense. :)
MargotDarkoFemaleUnited Kingdom2007-02-13 07:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 Time Limit
I've only ever heard 6 months. That's how long you have for the first point of entry. That generates the two year green card. You can enter within 6 months and then leave for a little while if you have to. Be careful to not spend too much time out of the US or your PR status can be compromised.
MargotDarkoFemaleUnited Kingdom2007-03-07 11:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMore questions......ugh

Other thing to keep in mind, that tends to hang people in your situation, You need to file IRS returns every year, even if your income in non taxable, you may be exempt from filing taxes, but not exempt from filing.



How can we file tax returns in a country we don't even live in? I think you misunderstood our situation....


Every USC is required to file tax returns no matter where they're living. We have to report our foreign-earned money and then use a form to exclude up to $82,000 USD of foreign-earned money a year.
MargotDarkoFemaleUnited Kingdom2007-03-15 16:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 confusion - please help

Margot, your help has been great! Many Thanks! My wife and I are greatly appreciative.

Andrew


Glad to help. Let us know how everything goes. :)
MargotDarkoFemaleUnited Kingdom2007-03-16 13:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 confusion - please help

Well, she has actually filled with the IRS reporting all of her income (inc part tie job, scholarship, interest etc), but has not filed with her state. Will this help us? Would it be an idea to speak to a USCIS officer at the embassey first by making an appointment before we apply?

Thanks you for your helps so far! You are stars!

Andrew


She's totally fine then if she's been filing federal taxes. If she's not earning in the state, there's nothing to report as the state wouldn't get any of her foreign-earned money even if she ever did earn over the threshold. And the scholarship and interest are also at a federal level. I would still count on having to ask one of her parents or a close friend/family member in the US to be a joint sponsor.

I wouldn't try to speak to anyone at the USCIS London office first. They can't tell you anything before the petition is sent in - all they would do is give you the official line. Just send in the petition with a cover letter and the checklist from the link I gave you when you have all the papers ready and see what happens. I'd actually be pretty surprised if they didn't accept it in London. If they do send it back to you, you won't have lost anything except a couple weeks of time. There's no penalty for submitting it to them incorrectly and your wife would just have to change her address on the petition and include the right form of payment before sending it to a US service center.
MargotDarkoFemaleUnited Kingdom2007-03-16 04:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 confusion - please help
Another reason to submit to London first is that if you have to file through a US center, which takes longer especially with her parents having to send things back and forth, it's more than likely going to mean that your wife will need to pay for a new UK visa, and the UK visa fees are rising. For her to apply for the visa she'd need when her student one ran out, do it within the UK currently costs £500 and may soon cost £595.
MargotDarkoFemaleUnited Kingdom2007-03-15 13:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 confusion - please help
I would say you should definitely try submitting to London first. I don't know if it helped that I changed to a spousal visa, but if they based it purely on the amount of time I've been in the country, than they're sure to accept her I-130 petition. Check out this link http://london.usemba...i130filing.html (ignore the bit about ILR) and look at the checklist link under "How do I file the petition?" Have her include a cover letter requesting that the petition be returned directly to her if they're unable to take it so that the correct form of payment can be added. London USCIS takes credit card but the US service centers do not. If they accept it, you'll see the card charged within a few business days and should probably receive a postcard with your receipt date although not everyone does. The whole process should take about six months to gain you a CR1 if you've been married less than two years at the interview or a IR1 if you've been married more than two years by the interview. That is definitely the ideal route. Saves time, money, and headaches.

Unfortunately, yes, you will definitely need a joint sponsor unless you want to wait in the UK while she lives and works in the US for a while alone. Or unless you have huge assests, totally something like three times the yearly requirement I think. I haven't seen the official word on that, but I have heard others talking about it. I believe the 125% figure comes from the I-864 form, which is the form that the sponsor and any joint sponsor fills out. If you go the London route, this form has be completed by the interview date. She has to fill one out as she is the main sponsor, even if she's reporting zero income. There might be some confusion with not having filed taxes in the US the past three years, but hopefully someone else can give advice on how to prove that she didn't have to file. If she made any money in the UK, she'll find it best to look into how to back file taxes. The US Embassy in London should be able to help her, or even the IRS helpline. Don't worry about her owing anything though - she'd have to make more than $82,000 USD in the UK in one year in order to owe the US govt any money. As long as she's been in the UK 330 days of the year for each of the years she's been gone, she's fine.

The joint sponsor or sponsors don't have to be her parents. It can be anyone who meets the guidelines willing to fill out the form and agree to cover your back for 10 years or until you become a citizen. I think they're only liable if you actually have to claim welfare or something, so really it's just a matter of forms in your case.

The forum at www.diveinamerica.com is a great place for US/UK couples who are filing in London.
MargotDarkoFemaleUnited Kingdom2007-03-15 13:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 confusion - please help
When did she arrive on her student visa? Many people have experienced the London USCIS accepting petitions from USCs who have been in the UK on a non-visitor type visa for 11 months or more, despite the official rule on the web site. If she's been living in the UK for 11 months or more, I would definitely submit the I-130 to London first with a cover letter asking them to return to you if they aren't able to accept it so that you can send it to the US with proper payment.

And as the other commenter said, use her parents' address on the form. Use her parents' address as her main address on the form as well as if filing at a US center as people have had trouble with getting the US service center to contact them or deal with a foreign address (see user saywhat for an unforunate example of this). Her parents would have to forward you mail.

Also, does she have a long time left on her student visa? Having to apply at a US service center and go the full immigrant visa route will take a long time, I believe it can be over a year. Waiting until she's able to file in London (11 mos or more after arriving as a student should do it really), would mean about six months from filing to having the visa in hand.

About the name change, my husband and I have decided to wait until we're settled in the US to change my name. We've found that option to be a lot easier for us.

Edited by MargotDarko, 15 March 2007 - 10:42 AM.

MargotDarkoFemaleUnited Kingdom2007-03-15 10:40:00
IR-1 / CR-1 Spouse Visa Process & Proceduresdifference between the IR-1 and the CR-1
Hello. If the I-129F is approved first, there will be an interview for the K3 visa. The K3 visa allows the foreign spouse multiple entry to the US and is good for two years. After the first point of entry, you can either apply for Adjustment of Status (which will result in a green card) or I believe if your I-130 is soon approved, you could take that route to a green card while in the US on the K3.

If the I-130 is approved first, there will be an interview for a CR1/IR1 visa. The visa is good for six months. After the first point of entry, a green card is automatically generated - two year if married for less than two years, and ten year if married for more than two years at the time of the interview.

There are advantages to the CR1/IR1 visa as opposed to the K3 visa. If both your I-130 and 1-129F petitions are approved around the same time, you should ask for advice on how to get the CR1/IR1 visa interview instead of the K3. I think that's possible.
MargotDarkoFemaleUnited Kingdom2007-03-27 07:38:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Tax Help..!!?

I am really starting to feel anxious about filing my 2006 taxes. I've been reading pages and pages on the IRS web site, and I know that I have some extra time as I qualify for filing the 2555, but I've never done my own taxes before even back in the states. I don't have the money to pay anyone for this time around.


Don't be scared. I've never paid anyone to do my taxes either and I haven't had a problem yet (touch wood). Everything I am about to tell you is what was told to me by representatives of the IRS, but I cannot guarantee the accuracy of it; everything I tell you should be verified with the IRS themselves. I'm not an accountant or a tax lawyer; I would not consider myself above average in US tax knowledge. Having said that...

Have you filed for 2006 yet? Can I ask a couple questions? My husband is also a PR for tax purposes. I had no US income in 2006. So I believe what I'll need to do is get the hubby to do a W7, do a joint 1040 (so I can claim my student loan interest as deduction) and a 2555. I looked at eFiling, but the instructions on where to put income totals seemed to be saying the wrong line numbers. Was eFiling pretty easy? Did you use a specific online site that was good? Also, did you husband have to fill out a 2555 and should we use our UK address on everything? I sort of have a US address as I have a permanent welcome at my parents' house.


I have not filed my 2006 return yet; I had counted on doing that tonight. I file every year so the IRS sends me a little booklet with all the forms I need plus an addressed envelope to send them in. All I have to do is put a stamp on it and I'm ready to rock and roll. I fill the forms out the same way each year so I just look at how I filled in last year's return and work from that, obviously adjusting income where necessary.

I don't know anything about claiming interest as a deduction; if you live overseas I'm not sure what you qualify to deduct if you exempt your foreign income. That is a question for the IRS to answer. My tax returns have always been extremely straightforward; no student loans, no weird investments, no cashed-out 401ks, no alimony/child support, none of that. I guess that's why I always do my own. :blush:

It doesn't matter where your income came from. If you worked and your income was above the filing limit, you MUST file a return. I do not do e-Filing here in the UK because of the problems I've had with software; e-Filing and tax software is made for US filers located in the US and isn't good for unique situations like ours. Filling in the paperwork is pretty easy and if you get stuck you can use the IRS's 1-800 numbers from the UK to help you. I doubt it's toll-free, but you don't have to scour the site for a direct-dial number either.

To answer some of the questions:

* If your husband is a PR for tax purposes he must file a return.
* If you (I'm assuming you're a USC) worked in 2006 and earned more than a few thousand dollars you must file a return.
* You two do NOT have to file jointly if you don't want to.
* If you are both overseas you both automatically qualify for a 2-month extension; you do not have to file a piece of paper...but if you owe any taxes to the IRS they are payable FROM April 17th of this year. If you pay later you will be charged interest.
* You can use your UK address on the return; in fact you have to meet an overseas residency requirement in order to file a 2555-EZ so by all means, use your UK address.
* The 2555-EZ is for people whose foreign earned income did not exceed the exemption limit, which last time I looked was 82,000 USD. If your individual income exceeds this limit then I don't know what you can do; that's a question for the IRS to answer.

I should just call and ask all my questions, but I feel I need to figure as much as I can on my own so I know I'm asking the right questions. Besides, this week probably isn't the best time to call!


If this is your first time filing from overseas I strongly recommend reading every set of instructions that accompanies the 1040 and 2555/2555-EZ forms. Those should answer a lot of questions, but you can get someone on the phone from the IRS to go over the forms with you, line by line. They don't charge you for that service.

Don't worry if you don't ask the right questions; they don't ask you for your name or SSN when you call so they have no way to know it was you who called. They're not noting down things on your file or anything; they're just there to answer your questions and to help you. Every time I've called the IRS the people I've spoken to have been courteous, professional, and very helpful...and have never chewed me out or laughed at me for the questions I've asked.

Remember, there is no such thing as a stupid question. It's stupid to NOT ask the question. :thumbs:



Thanks for the detailed response! That's really helpful. And it's very reassuring to hear about your experience calling the IRS hotline. I will try to tackle the forms again and then give the line a call once the tax season for regular filers is over. Thanks again. :)
MargotDarkoFemaleUnited Kingdom2007-04-11 17:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Tax Help..!!?

Uh oh, a boo boo.
If you haven't filed in the past two years, don't say you have.
When you're filing from overseas you do NOT have to provide proof of your income with a 2555-EZ; you just have to attach a statement stating what your income was and how you converted the currency from whatever to US dollars, i.e. what exchange rate did you use and how did you arrive at that figure. You do not have to provide paycheck stubs or any other end of fiscal year form. Therefore, he COULD still file the return even if the work was cash-in-hand, which you shouldn't do anyway for obvious reasons.
Get him to just phone the IRS to ask them what he should do. They don't bite....hard.


Lol.. yeah, scary booboo.... :o

That is what I thought, some annonymous inside information would be helpful.

He's just filed in time for last year so he can produce one tax return but just not the other two. :unsure:

Thanks for your help...hope you aren't too homesick...:)


No problem. However you should double-check with the IRS. If he's a student and isn't working too much he may not even have to file at all, i.e. he may not make enough. I don't know what that figure is anymore. Tax law is extremely complicated and all I can share is my own experiences of filling in 2555-EZs for exempting my foreign income.

I just talked to the IRS last night to ask them questions about my husband's filing obligations (he's now a PR for tax purposes) and about the sale of our house here in the UK. They were courteous and helpful throughout; they're nothing to be afraid of. Basically they get pissy with people when they try to lie or cheat their way out of something but if you're honest and up-front with them they will help you get things sorted out. :thumbs:



I am really starting to feel anxious about filing my 2006 taxes. I've been reading pages and pages on the IRS web site, and I know that I have some extra time as I qualify for filing the 2555, but I've never done my own taxes before even back in the states. I don't have the money to pay anyone for this time around.

Have you filed for 2006 yet? Can I ask a couple questions? My husband is also a PR for tax purposes. I had no US income in 2006. So I believe what I'll need to do is get the hubby to do a W7, do a joint 1040 (so I can claim my student loan interest as deduction) and a 2555. I looked at eFiling, but the instructions on where to put income totals seemed to be saying the wrong line numbers. Was eFiling pretty easy? Did you use a specific online site that was good? Also, did you husband have to fill out a 2555 and should we use our UK address on everything? I sort of have a US address as I have a permanent welcome at my parents' house.

I should just call and ask all my questions, but I feel I need to figure as much as I can on my own so I know I'm asking the right questions. Besides, this week probably isn't the best time to call!
MargotDarkoFemaleUnited Kingdom2007-04-11 07:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAbout waiting more time to complete 2 years of marriage to back to US??
Aside from having to go through removal of conditions near the two year mark after point of entry, there isn't a difference between the two-year and ten-year card. If it meant only delaying by a couple months, then yes it would be worth it for the money and hassle saved. But if it meant a delay of more than a couple months, I wouldn't wait personally. Obviously everyone has different personal circumstances.
MargotDarkoFemaleUnited Kingdom2007-04-13 17:58:00
IR-1 / CR-1 Spouse Visa Process & Procedurespending I-130

I have a pending I-130 which was filed by my ex-wife and now we are divorced and I recently got married to a USC and want to start the process all over again.my questions are thus:
1: Do I have to cancel the pending I-130?
and if so ,how do I go about the process?
2: also,since I am starting the process all over,what are the best steps to follow and what forms are necessary to be filed.
3: Heard that my ex-wife has to initiate the cancelling of the pending the I-130, what happens if she refuses to do so?
4: Since I am re-married in the USA, is it better to include the I-129F when filing?

Thank you

P/S no document was filed on my behalf when I got into the country for I never got a chance to do anythign befoire I was slapped with a divorce


I agree about contacting a lawyer. I can answer the last question though - you can't file the I-129F at the same time, you need to wait for the NOA1 on the I-130.
MargotDarkoFemaleUnited Kingdom2007-04-14 04:43:00