ForumTitleContentMemberSexCountryDate/Time
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
IR-1 / CR-1 Spouse Visa Process & Proceduresco-sponsor question

Hi,
I didn't think the I-864 had to be notarized (anymore). Are you sure about that? Certainly somebody will be able so answer that soon.

About the other evidence.. The co-sponsor (and also the main sponsor) will need their most recent six paystubs, so considering they probably get 2 each month, collecting them now is a little early, but you might as well keep them anyway for "strenghtening the case". They'll also need their tax info for this year, and they can send in up to three of those to strengthen the case again.

We went ahead already and ordered tax transcripts from the IRS so we wouldn't have to wait for them later.


I think it's notarized by the official who does the interview on the day of the interview.

Also, are you sure it's this year they need the tax info for? I thought it was the past two years since 2007 isn't over and taxes haven't been filed.
MargotDarkoFemaleUnited Kingdom2007-04-15 06:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresK3 or CR1/IR1

My wife is also from England and we filed both the I-130 and the I-129F. Our I-130 was approved at the CSC in 62 days and we are a good way through the NVC already and the I-129F hasn't been touched in nearly two months. So, from everything I've read on VJ and our experience, apply for both and hope the I-130 goes through first. Good luck and we hope you have a fast journey.


That's so helpful!!! Thank you and good luck with your application. I'd love to be kept up to date with how you're doing. Just out of interest, what supporting documentation did you put with your application? We're having trouble working out what to include to prove that our marriage is real as we've only been married a couple of months and have never been able to live together... therefore we don't have joint finances, living arrangements etc....


Include signed letters from family and friends attesting to your relationship - there's a bit about this in the I-130 instructions right after the list of things like lease agreement and joint account statements. You could also include a couple of wedding photos and proof of communication (email, phone) and plane tickets. I wouldn't go too over board - like three letters from family/friends, literally two or three pictures, and some proof of communication/visits not all of it! :)
MargotDarkoFemaleUnited Kingdom2007-04-19 05:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 in london

sorry to ask, but why did they deny the k-3? was it anything other than an immigration matter? could you say please, as i flew back after getting married on a k1, had to come back before aos due to medical condition and we couldnt afford treatment in the usa.

i stayed 6 weeks after we got married, in the build up to saving for an aos.

now applying for cr1, im wondering if i'll need a waiver? i601.

any opinions please?

thanks


We had to file the I-601 because when he was 17yrs old he took a casette tape from woolworth on a dare from a friend and got caught and got a 50pound fine. So they denied us the K-3 because of that so then we had to file the I-601 to get the K-3. see we got married 5yrs ago in the US then moved to England for 3yrs and then we came to the US in jan of 05. I'm afraid I knew nothing of DCF at the time or we would have done that. So we went way around the block. The I-601 is for police records and I think the I-212 is for overstays. You have 180days after your K-1 expires before your an overstay and fall under a 3yr ban from the US I believe.

Hey do you know on the DS-230 part 2 on line 33a if I need to ask for a SS# for my husband? He already recv a SS# with his work permit, would that be the same SS# he would have keep once he has his greencard? and it ask if he was assisted completing the DS230 and since I filled it out is ok to say yes to that or should I say no to that question?


How horrible to have such a petty thing come back to haunt you both.

Yes, use the SS number he was issued when he in the states. It will never change.

I'm not sure about your second question. The purpose of the question might be in case a lawyer or a translator filled it out.
MargotDarkoFemaleUnited Kingdom2007-04-18 12:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 in london

I just read in another thread that the medical is good for 12 months, so as long as your husband's medical was less than 12 mos before the interview date for the CR1/IR1, it's fine. :)


this is getting more and more of a mess. we came to the US in jan 2005 so its been overa year. If they see his police report that means we have to do the I-601 again cause they denied him the K-3 at first so we did the I-601 and they approved it and he got the K-3. Oh I just want to cry. I'm so sick of immigrations. I thought this part was going to be easy.


Aw, how awful. He will need to do another medical. I don't know how the I-601 works - is that something you can do in advance or is it a certain form you use for appeal of a denial? If you can do something in advance, do it now.

Something you might want to consider is living in the UK for a while. If your life situation in the US allows it, it could be a good experience for you both, especially since US immigration has been so stressful. Getting a UK spousal visa is really easy for legit couples with an okay or better income or support - just fill out your form and pay your money. It would only take a few weeks by mail.
MargotDarkoFemaleUnited Kingdom2007-04-18 11:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 in london
I just read in another thread that the medical is good for 12 months, so as long as your husband's medical was less than 12 mos before the interview date for the CR1/IR1, it's fine. :)
MargotDarkoFemaleUnited Kingdom2007-04-18 10:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 in london

Slightly off-topic, but why didn't he apply for the AOS while he was still in the US on the K-3? Why'd he leave?


Its along story but it has been so rough for here in the states and my husband has had a rough time adjusting to the US so then his K-3 was expiring so we thought the best thing was for him to go back to and finish it this way.


Aw, I'm sorry to hear that.

I hope you find the guide I linked to earlier helpful.


we were scared of an overstay, then I talked to immigrations after the fact and they said he should have stayed anyway. Now its just a mess. But I'm trying so hard to finish this thing. It says on there an medical and police report. now we already did those 2 things with the K-3 and we had to file a I-601 which was approved of course thats how he got the K-3. We dont have 2 do those 2 things again do we?


I don't know about the medical... But since the police report is fairly easy to obtain, I'd have him send off for another one today. They might ask for it at the interview and they might not, but it's best to be prepared.
MargotDarkoFemaleUnited Kingdom2007-04-18 10:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 in london

Slightly off-topic, but why didn't he apply for the AOS while he was still in the US on the K-3? Why'd he leave?


Its along story but it has been so rough for here in the states and my husband has had a rough time adjusting to the US so then his K-3 was expiring so we thought the best thing was for him to go back to and finish it this way.


Aw, I'm sorry to hear that.

I hope you find the guide I linked to earlier helpful.
MargotDarkoFemaleUnited Kingdom2007-04-18 08:37:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 in london

Slightly off-topic, but why didn't he apply for the AOS while he was still in the US on the K-3? Why'd he leave?


I was wondering the same thing.
MargotDarkoFemaleUnited Kingdom2007-04-18 07:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 in london
I'm sorry I can't help in specific since my husband and I are following a different path, but I belive this link will help you - look towards the bottom of the page - the section called What Happens After You Mail the I-130 Out? -


http://www.visajourn...page=i130guide1

Edited by MargotDarko, 18 April 2007 - 06:48 AM.

MargotDarkoFemaleUnited Kingdom2007-04-18 06:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresShould I do the K3 instead?

Everybody's personal circumstances and timelines are different, but we would definitely say you've made the right choice.

We started our I-130 application on April 14th 2006 and applied for the K-3 upon receipt of our first NOA on May 9th. We got the K-3 Visa on January 4th 2007 and immediately travelled to the US and applied for an EAD. To cut a VERY long story short, we received my EAD card a few days ago, on Friday 27th April. My CR-1 interview is this Thursday, 3rd May. So basically, if your husband wants to come here and start work immediately, the K-3 could well be an enormous waste of time, stress and money.

In our case, we wanted to be in the US asap to find a home and settle in. It would have been nice to be able to work sooner, but not a disaster if I couldn't.

From what you've said, I think you did the right thing.

BTW - I could be wrong, but I think a few people have suggested that you have to go through the AOS process if you opt for K-3. That's not true. We applied for K-3 and a CR-1 concurrently and then opted to continue with the I-130 through the US Embassy in London and not pursue an AOS.


You're right that it's possible to follow through the CR-1/IR-1 and not do Adjustment of Status. I think I didn't mention it or other people didn't either because the cost can be sometimes more prohibitive than AOS having to fly back for the interview so quickly after moving to the states.
MargotDarkoFemaleUnited Kingdom2007-05-01 05:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresShould I do the K3 instead?

In the end, the K3 is more expensive, especially for couples married less than two years at the time of adjustment of status, because they would receive a two-year green card and also have to go through removal of conditions. Adjustment of Status and applying for work authorization is currently more expensive than removing conditions and may be raised to even more, plus there's time spent not being able to work.


Yes, I know it is. I'd rather just wait because in the end for us it will be a bit easier especially the whole work thing. He wants to be able to find a job right when he gets here and not have to wait for a few months or more if we did the K3.


Sorry that wasn't clear. I was replying to someone who was telling you that it was basically the same cost. :)

EDIT: Just to add, I think in your shoes I would make the same decision.

Edited by MargotDarko, 30 April 2007 - 07:41 AM.

MargotDarkoFemaleUnited Kingdom2007-04-30 07:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresShould I do the K3 instead?

why did you not apply for K-3 when you got NOA1? Thats when you are supposed to apply for it. whatever one reaches the embassy thats the one you get.

Thank you everyone for all of your replies!

You were all very helpful and we've decided just to wait it out because it is less expensive than doing the K3 as well as more convenient it seems.

If anyone still wants to reply though, it's fine with me! :)

Thank you very much again! :D

its the smae cost either way. the only diffrence is CR1 you have to remove condtions, K-3 you have to AOS. but with IR1 you dont have to do either.


In the end, the K3 is more expensive, especially for couples married less than two years at the time of adjustment of status, because they would receive a two-year green card and also have to go through removal of conditions. Adjustment of Status and applying for work authorization is currently more expensive than removing conditions and may be raised to even more, plus there's time spent not being able to work.
MargotDarkoFemaleUnited Kingdom2007-04-30 06:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresShould I do the K3 instead?

I know it hasn't been that long, but I feel like this process with the I-130 is going no where anytime soon!

Is it normal not to have any touches by now? (My timeline is posted in my signature).

Are the K3's faster than what I am doing? Or should I just be a little bit more patient?

This is the hardest thing that my husband and I have had to go through! :crying: It is just awful and I feel for everyone going through it!

Oh one more quick question: Is the K3 process more complicated?


Thanks to all replies! :)


Not every case receives touches, so I wouldn't worry about that. Also, it's completely normal for nothing else to have happened yet. It really hasn't been very long. The processing time for the I-130 through a US service center is close to and sometimes over a year.

Filing for a K3 might help at this point. I would check out the K3 guide. If your main concern is to be together as soon as possible, without regard to extra expense and extra forms, than the K3 is the way to go. It should happen faster, but it means you have to do Adjustment of Status after he arrives and apply for work authorisation. So it's more expensive and takes quite a bit more in the long run, but it should bring you together sooner in most cases.
MargotDarkoFemaleUnited Kingdom2007-04-29 16:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 petition denial question

MegDan,

What are the reasons for an I-130 petition to get denied?

Failure to demonstrate that a marriage exists.

And I read on a previous post that NVC cannot deny you when it comes to the visa, that isn't their responsibility, it's the beneficiary's country's responsibility. Is that true as well?

The first part is true, the second part is not. The NVC does not make the decisions on visa applications. Neither does the visa applicant's country. The immigrant visa unit at the US consulate makes the decision.

Yodrak



Oh, so should my friend petition after all then? Her and her husband can demonstrate a wonderful marriage and it definitely does exist. So is that ALL there is to it then? The out of status presence in the U.S. wouldn't cause her petition to be denied if she did do an I-130? The USCIS wouldn't even pay any attention to it? Sheesh, I should probably just have her come on here and ask lol!

Thank you for clearing this up and any other replies are welcomed! :yes:


Hello. Like pushbrk says, there's a big difference between having the petition approved and receiving the visa. An approved 1-130 only means that you're able to move on and apply for the visa, which invloves more forms and an interview.

EDIT: Sorry, Yodrak. I probably sound really repetitive now. I left the window open typing for too long while you were posting. :)

Edited by MargotDarko, 02 May 2007 - 10:07 AM.

MargotDarkoFemaleUnited Kingdom2007-05-02 10:06:00
IR-1 / CR-1 Spouse Visa Process & Proceduresquestion for those who came on ir1/cr1 here

i learnt in another thread that the visa issued to my wife isn't endorsed yet. she is flying to usa first time. what should one check on customs - resident or visitor.


An interesting question -- logically, she should check resident as she will be one once the visa is endorsed, and she will not reach customs until after the endorsement. But I will defer to those with greater knowledge on this point!


YuandDan has already said that "resident" should be checked. :)
MargotDarkoFemaleUnited Kingdom2007-05-02 13:43:00
IR-1 / CR-1 Spouse Visa Process & Proceduresquestion for those who came on ir1/cr1 here

It is recommended to go through the Non-Resident, immigration "visitor" line, the time we went through, if the visitor's lines get backed up, a rep from immigrations will direct people to other lines like resident.


Do you know if the OP's wife should check "visitor" on the customs form then?
MargotDarkoFemaleUnited Kingdom2007-05-02 10:29:00
IR-1 / CR-1 Spouse Visa Process & Procedureshelp please
I can try to help - I'm not positive I'm understanding your whole post though. If you have an approved I-130, you definitely want to go forward with that and forget about the I-129 petition for the K3 visa.

I'm not sure about the process at the NVC since I'm doing direct filing, but there should be a guide about that. The approved I-130 allows you to apply for a CR1/IR1 visa - which one depends on how long you've been married. If it's been less than two years, you are applying for the CR1 visa (conditional resident).
MargotDarkoFemaleUnited Kingdom2007-05-05 09:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMy Wacky Dilemma
It all depends on the reason you might be able to claim citizenship through your father. Is he a US citizen? If he was born in the states or born to someone born in the states, I would have thought that made you a US citizen and all you had to do was apply for a US passport and voila.

EDIT - Actually, I think I'll have to take back the part about if your father was born to someone born in the states. I'm actually not sure about that bit.

Edited by MargotDarko, 04 May 2007 - 05:13 AM.

MargotDarkoFemaleUnited Kingdom2007-05-04 05:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMedical-medical records

I would search here for threads about this. You will have to say that you experienced a time of depression - there is a question about it on the medical form and you can't lie/conceal info. It won't be a problem with being approved, but you will have to discuss it and if I were you I would get a letter from my doctor about it in advance - just something saying what happened and how you are now.



Thankyou for your response.

I have no intention of concealing it, honesty is indeed the best policy here, and yes I agree a letter from my doctor would be a very good idea.


Thanks

Sarah and Brian


Re-reading it, I see that my first comment seems aggressive - I hate when that happens while I'm trying to help. My main point was that you don't have to worry about approval, just be prepared and it sounds like you will be. :)
MargotDarkoFemaleUnited Kingdom2007-05-19 15:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMedical-medical records
I would search here for threads about this. You will have to say that you experienced a time of depression - there is a question about it on the medical form and you can't lie/conceal info. It won't be a problem with being approved, but you will have to discuss it and if I were you I would get a letter from my doctor about it in advance - just something saying what happened and how you are now.
MargotDarkoFemaleUnited Kingdom2007-05-19 11:56:00
IR-1 / CR-1 Spouse Visa Process & Procedureswhat do the processing dates really mean on the USCIS SITE?

Hi,

my fiancee and I have been waiting since Jan 31, 2006 on are aprovel at the California Center. We are going nutzs waiting. If you get any info please let me know. Thanks

Tom&Cyril


I filed for I130 at in late Jan.2007.
NO1 dated 2/06/07

Nothing has been touched since then. Its in the California Center.

Filed for K3 mid Feb. 2007. Recieved NO1 for K3, it was also transfered to California Center.


Nothing is being touched. What can be done. This is terrible. I'm a natural born American citizen just trying to get my wife here.

The processing date shows October 13,2006....Does this mean I have to wait under 5 months before my I130 even gets looked at???????

someone please advise,
Ron


Join the club. Those processing dates are of little use to you. They simply indicate the age of the oldest petition they know they have not yet completed adjudicating. Often those have RFE's or other reasons for delay. The best source of information about how long it will take is the timelines here at VJ.

Please help us help you by completing your own profile and timeline data.



I met 2007

Hi,

my fiancee and I have been waiting since Jan 31, 2007 on are aprovel at the California Center. We are going nutzs waiting. If you get any info please let me know. Thanks

Tom&Cyril


Hi, Tom&Cyril. This is the forum for CR1/IR1 visas for spouses, you've applied for a K1 visa. Check out the K1 visa discussions.
MargotDarkoFemaleUnited Kingdom2007-05-20 04:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresReady to send my I-130, want to be sure..

Hello good people,

I've been a lurking member a while now and I'm finally ready to send in our package. I'm so afraid of making a mistake or not including a document. According to the list of items needed here on this site, I have everything to accompany my I-130 application. I have 3 letters from our friends who have testified to our marriage and relationship being bonifide.

At this stage would a statement from myself be helpful? A letter of introduction so to speak? With any of our photos or "proof" attached? Or will that be my husband's department during the actual interview?

Also just to clarify for myself as I am dizzy with reading and re-reading all the info here :) The financial support documents are in the next phase correct? Not to be sent with this application?

Thank you in advance for your help,

Katie Killian-Indi


Hello! :) If you started the forms more than a month or so ago, I would make sure you have the most up to date version by visiting www.uscis.gov.

In my opinion, it would be fine to include two pictures of the two of you together on separate occassions since I'm guessing you don't have the other things like a joint lease or joint bank accounts. It's not required, but it's what I would do to put my mind at ease.

You can include a short cover letter listing the purpose of your petition and all the things included.

You're right that the financial support documents are for the next stage. Right now, you are petitioning for your husband to be allowed to apply for a visa. At the next stage, your husband will be applying for the visa and will need to show that you, the sponsor at that point, have financial support for him or that there's a co-sponsor who can support him. :)
MargotDarkoFemaleUnited Kingdom2007-05-29 06:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSponsor

YuAndDan kindly found this link too.

http://london.usemba...faffidavit.html

I think i'll get my answer confirmed from the London Embassy


That link is not relevant to your situation. That information is for those applying for non-immigrant visas.

EDIT - I see how it's misleading due to the section heading, but it states that it's related to "fiancé(e), Kii or V visa"s, which are all non-immigrant visas and do not require the I-864.

Edited by MargotDarko, 29 May 2007 - 10:53 AM.

MargotDarkoFemaleUnited Kingdom2007-05-29 10:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSponsor
Please post here again when you've had a response from the embassy. That is extremely different from what I've ever read/heard before. Even if you were allowed to use your own UK income, 3,500 GBP is still under the US poverty guideline, so I don't see how that's enough money. All I've ever heard/read no matter what country the foreign spouse is from is that the sponsor or co-sponsor must meet the 125% poverty guidelines for the household size. If that income isn't enough, then assests can be used, but the assests must equal three times the 125% poverty guideline for the house. 3,500 GBP or roughly $7000 is a very small amount of money in these terms.

Also, no matter who is providing the income/money, the USC is always the main sponsor in this situation and needs to fill out the I-864 as the "sponsor".

EDIT - I'm sorry if that sounds cranky. VJ is being really annoying right now - taking forever to load for me and scrolling really weirdly.

SECOND EDIT - I forgot to say that the foreign spouse's income counts if it will continue when the move to the states is made.

Edited by MargotDarko, 29 May 2007 - 09:16 AM.

MargotDarkoFemaleUnited Kingdom2007-05-29 09:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSponsor

thanks janice. i did ask it in the uk forum, but it bloody well got moved!



This does not surprise me, there seems to be a problem with the moderators moving things that are specific to the region, obviously this needs to be addressed, you need to ask the idiots to put it back.


I don't think it is specific to the region. I haven't heard about self-sponsoring with income unless the income will continue when the UKC makes the move to the US. The UKC assests can be used though.
MargotDarkoFemaleUnited Kingdom2007-05-29 05:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSponsor
You need to have 3 times the required income in assests - accounts, house, etc.
MargotDarkoFemaleUnited Kingdom2007-05-29 05:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAPPROVED I-130 WHAT NEXT
LKC - Please ignore the comments about NVC. That is not relevant to your case. The K3 visa and I-129f petitions are also not relevant to your case. You're one of the lucky ones being able to file directly with London and the whole process is faster and better than what those living in the US separated from their loved ones have to go through.
MargotDarkoFemaleUnited Kingdom2007-06-01 12:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresThe "one step" process... what visa to go for

My husband and I are in the US. We trying to get him a new marriage based visa because his old agro visa is out of date. He came to the US on a temporary agrocultural worker visa but left his job after not being paid and being underfed (the job he had was 24/7 and his boss was required to provide him with groceries as the nature of the job kept him from doing so)... In either case we contacted a low cost lawyer who gave us the good news and the bad. As he had come to the US legally we were eligiable for a one step application... but as they were government funded they couldn't do one step applications. So we have set ourselves up with a real lawyer and I want as much finished as I can do myself to keep the lawyer fees from breaking our budget and to expidite the process as well. All this is dandy but what visa do we file for him?
Another question I have is that his son still lives in Peru with his mother. Although we aren't sure when his son will be coming to the US, we want to be able to bring his son back with us when he brings me to Peru to meet his family. Is it advantageous to file for his son at the same time as we are doing his paperwork? And if this is the case would it be best to file for my husband the slower way by filing first the I130 then for the change of status along with his son or can we file one one way and the other another way?

:help:
Carissa


Your husband doesn't need a visa. Visa's are used to enter a country. He's already here. He came here legally and without the intention to marry you (at the time of his legal entry). As such you can file to adjust his status to permanent resident. You left out whether he has overstayed the original visa but generally overstays are forgiven when adjusting status based on marriage to a US citizen.

You as a US Citizen can petition for your step-son but part of that process will require official consent from the other parent. You must have married before the child reached the age of 18 or it gets quite a bit more complicated.

Please study the guides and come back with any further questions.


Is it advisable for him to leave the US before AOS is finished? The OP mentioned him taking her to Peru to meet his family.


Good point. No, he should not be leaving the US until after he has the green card. He could apply for advanced parole, I suppose but its hardly a sure thing on re-entry even with AP.


Yeah, I just saw in another thread some people advising someone who had overstayed to not leave the US even if they did get advanced parole and to just wait for the actual green card.
MargotDarkoFemaleUnited Kingdom2007-06-03 15:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresThe "one step" process... what visa to go for

My husband and I are in the US. We trying to get him a new marriage based visa because his old agro visa is out of date. He came to the US on a temporary agrocultural worker visa but left his job after not being paid and being underfed (the job he had was 24/7 and his boss was required to provide him with groceries as the nature of the job kept him from doing so)... In either case we contacted a low cost lawyer who gave us the good news and the bad. As he had come to the US legally we were eligiable for a one step application... but as they were government funded they couldn't do one step applications. So we have set ourselves up with a real lawyer and I want as much finished as I can do myself to keep the lawyer fees from breaking our budget and to expidite the process as well. All this is dandy but what visa do we file for him?
Another question I have is that his son still lives in Peru with his mother. Although we aren't sure when his son will be coming to the US, we want to be able to bring his son back with us when he brings me to Peru to meet his family. Is it advantageous to file for his son at the same time as we are doing his paperwork? And if this is the case would it be best to file for my husband the slower way by filing first the I130 then for the change of status along with his son or can we file one one way and the other another way?

:help:
Carissa


Your husband doesn't need a visa. Visa's are used to enter a country. He's already here. He came here legally and without the intention to marry you (at the time of his legal entry). As such you can file to adjust his status to permanent resident. You left out whether he has overstayed the original visa but generally overstays are forgiven when adjusting status based on marriage to a US citizen.

You as a US Citizen can petition for your step-son but part of that process will require official consent from the other parent. You must have married before the child reached the age of 18 or it gets quite a bit more complicated.

Please study the guides and come back with any further questions.


Is it advisable for him to leave the US before AOS is finished? The OP mentioned him taking her to Peru to meet his family.
MargotDarkoFemaleUnited Kingdom2007-06-02 03:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE on household member contract

MargotDarko,

The intention is to point out what the true source of the problem is and how to avoid making a similar mistake again.

Yodrak

Aww, way to kick her when she's down. Fair enough to point out that it's in the instructions but maybe could have been nicer. I guess I'm just a softie that way though.


I agree that's a good intention and it's something that should be done. It was only the RTFM that I objected to at all.
MargotDarkoFemaleUnited Kingdom2007-05-29 10:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE on household member contract

Miriam n Alain,

This is also your own fault. These things are explained very clearly in the form instructions. RTFM.

Yodrak

I called NVC today and asked an operator about the RFE she informed me that it was because I had not submitted proof of my relation to the household member. She also told me that a household member has to be related. I didn't know this so now I have to send a copy of my parents marriage license to prove that my household member is my stepfather. This Blows !


Aww, way to kick her when she's down. Fair enough to point out that it's in the instructions but maybe could have been nicer. I guess I'm just a softie that way though.
MargotDarkoFemaleUnited Kingdom2007-05-29 10:22:00
IR-1 / CR-1 Spouse Visa Process & Proceduresshould i file k3?
At this point, I don't think you'd get much of an advantage with the K3. If you had filed as soon as you had the I-797 for the I-130, you probably would have been able to bring your spouse to the US a few months sooner. But in my opinion your are now better off waiting for the I-130 to be approved and your spouse getting an immigrant visa.
MargotDarkoFemaleUnited Kingdom2007-06-09 13:11:00
IR-1 / CR-1 Spouse Visa Process & Proceduresis income of 13.000.00 enough ?
Did you read my comment, hanout? If she's working full-time at 10.50, her income is much more than 13,000 USD.

Income below $13,690 is considered poverty. To be able to sponsor you, your wife must be at least 25% above the US poverty line. 25% of 13,690 is 3422.50. $13,690 plus $3422.50 is $17,112.50 - the amount required to sponsor an immigrant for a two person household.

Ask your wife what her income is before taxes. And please reply to me.
MargotDarkoFemaleUnited Kingdom2007-06-12 12:56:00
IR-1 / CR-1 Spouse Visa Process & Proceduresis income of 13.000.00 enough ?
Is this roughly $13,000 USD amount before or after taxes? The income that counts is what she receives before taxes.

If she's been working full-time all the time for the past three years and has been making 10.50 an hour the whole time, 13,000 cannot be her income before taxes.
MargotDarkoFemaleUnited Kingdom2007-06-12 10:50:00
IR-1 / CR-1 Spouse Visa Process & Proceduresis income of 13.000.00 enough ?
You and/or your wife will either need to show assests of three times the difference (so roughly $10,000 USD) or you will need a co-sponsor residing in the US who makes more than the required amount for their household (including you).
MargotDarkoFemaleUnited Kingdom2007-06-12 07:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAbout my Spousal Visa .. We are lost, need help.
You're definitely in a difficult situation. If you truly want to live in the US with your husband, you should not leave until you have obtained a green card. Your overstay will be forgiven as long as you're approved for adjustment of status - to get approved for adjustment of status, you'll need to show that you did not intend to marry and stay when you entered, that you have enough money, and that your marriage is bonafide.

Currently, your main obstacle is the income. Assests can be used in the place of income, but you would need 3 times the requirement (or three times the difference between the sponsor's income and the requirement). For example, with no income, you and your husband would need around $51,300 USD in assests. With an income of $10,000 a year, you would need assests of around $21,300 USD. Does that make sense? A co-sponsor would have to meet the same requirements for their household, which will be more money if their household is more than 2. There is really no way around it and no exceptions.

About your intention when you entered on the visitor's visa - did you already know your husband? Did you plan to marry him and stay? If so, in my opinion, you should leave the US asap (definitely before you reach 180 days overstay) and obtain a visa before returning (either K3 or CR1). Perhaps someone else can say whether the two month overstay would cause a problem if you left now and followed that route. However, it is a MUCH bigger problem if you did intend to marry and stay when you entered on the visitor's visa. That is visa fraud and will land you in a lot of trouble. Some people have said that it's not always asked at the interview, but I personally would not take the risk.

Edited by MargotDarko, 14 June 2007 - 07:46 AM.

MargotDarkoFemaleUnited Kingdom2007-06-14 07:43:00
IR-1 / CR-1 Spouse Visa Process & ProceduresK3 or CR2

Yodrak,

from the time of IV fee bill, it should not take more than one and a half month for NVC to complete the CR-1 case provided that everything is mailed to NVC promptly and there is no RFE. After the IV Fee has been paid, NVC will send DS 230 packet. It takes about 2-4 weeks for NVC to review DS 230 packet. After that NVC completes the case and sends it to the Embassy/Consulate.

Simple


Mike,

If the bill for the IV has just been sent to you, recognize that your I-130 petition will be at the NVC for another 3-4 months before it will be sent to the consulate.

Yodrak

Need advice.....

Iv Billing is enrout to me. and our K3 has just arrived at the embassy in Kiev. .....

Mike


I'm feeling a bit confused by the OP's timelines, but I'm thinking that they don't really have much of a choice as it seems that the stuff for the K3 visa has already made it's way to the embassy, which means they have to pay a fee and file a form to even try to go for the CR1 at this point... right? And that would take a lot more time.
MargotDarkoFemaleUnited Kingdom2007-06-15 10:17:00
IR-1 / CR-1 Spouse Visa Process & ProceduresK3 or CR2
I've just realised that your timeline on the timeline page and your timeline in your signature are very contradictory. Your signature makes it appear that the I-130 has been approved and received at the NVC. But in your timeline page, you says it's the I-129f that's been approved and forwarded to the embassy.
MargotDarkoFemaleUnited Kingdom2007-06-15 05:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresK3 or CR2

Need advice.....

Iv Billing is enrout to me. and our K3 has just arrived at the embassy in Kiev. If we choose K3 route will we be faced with new fees after my wife enters US? It was mention by NVC that if they do not finish the CR1 process fees are not refundable and you must pay again. T or F? So do we stay the course. Are CR1 appointments easy to get in the Ukraine or are they months out?

Thanks for all the help!!!

Mike


Yes, there are more fees if she entered on a K3 visa. It is a non-immigrant visa, so she would have to go through adjustment of status (which will cost $1,010 as of 30 July) to obtain a green card. Work authorisation would take about three months from filing adjustment of status.

Yes, CR1 fees are not refundable. None of the fees are ever refundable no matter what - even if they mess up. It sucks but it's true.

With the CR1, the only additional fee you'll have is two years down the road when her two-year green card is about to expire. And it's not as much money as adjustment of status. Also, with the CR1, she'll have a green card as soon as she enters and be able to work basically right away. The SSN can take a couple weeks, but some employers will still hire her pending SSN.

In my personal opinion, I think you should stay the course with the 1-130/CR1. It looks like it's progressed pretty well so far, and even though it may be a bit of extra time apart, it will mean less fees and less hassle in the long run.

You haven't paid the fees for the K3 yet, right? And it's just arrived in NVC but hasn't been processed yet like the I-130 has, right?

Edited by MargotDarko, 15 June 2007 - 05:42 AM.

MargotDarkoFemaleUnited Kingdom2007-06-15 05:41:00