ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 April 21 2009, still pending?? +7 months
By submitting the I129F in September, you've taken your I130 out of it's place in line and put it back at the end of the line.
MalrothienFemaleCanada2009-12-18 19:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNot employed since last 9 months
QUOTE (nonversation @ Dec 17 2009, 09:40 PM) <{POST_SNAPBACK}>
If you sent papers while you were employed, then just don't tell them. They should still assume you are employed.



Never assume anything when it comes to immigration - always prepare for the worst.
MalrothienFemaleCanada2009-12-18 01:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNot employed since last 9 months
Since you are unable to be the sole sponsor, you've already got a joint sponsor. You should be fine. smile.gif
MalrothienFemaleCanada2009-12-17 21:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 - what is it exactly?
QUOTE (Scott and Mhay @ Dec 21 2009, 06:54 AM) <{POST_SNAPBACK}>
His father would fill out an I-864A...they get submitted together.




He would only fill out an I864A if they lived together.
MalrothienFemaleCanada2009-12-21 11:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 questions...
QUOTE (KristiAnn @ Dec 20 2009, 03:19 PM) <{POST_SNAPBACK}>
Hi there,

I'm new to the forums and slightly overwhelemed with the whole process! My husband and I (he's the USC, I'm from Canada) are doing the CR-1 visa and hoping to send in the I-130 package in the next couple of weeks, so I just have a couple of questions.

1. I'm assuming I'm supposed to be sending a photocopy of our Marriage Certificate instead of the original? is this correct? If so, do I need to get the copy notorized or anything, or is a homemade photocopy from our printer fine?

For the initial filing, a regular photocopy is sufficient. You will need the original for the NVC stage.

2. I have the short version of my husband Luke's birth certificate (which has both parents names, etc on it) - do I send that as well as photocopies of all pages of his passport? Or is one or the other sufficient? If I need to photocopy the passport, does that need to be notorized or anything?

You just need to send a photocopy of his passport.

3. I've been reading about what's coming up in the process, after the I-130 has been approved, etc....is that when I would send in my (beneficiary) birth certificate, etc? And I would need to do things like a medical and fingerprints, etc at a later date as well right?

Yes, that is correct. Read the guides at the top of the page in order to familiarize yourself with the process.

Sorry for the long questions - I am just a little unsure of the timetable of how things will happen. Any help, tips or advice would be greatly appreciated!! I will start my timeline as soon as we send in our I-130 package.

Kristi smile.gif



Look towards a wait of 8-14 months to receive your visa. Montreal is a very slow consulate with a current wait time of 5 months for an interview date (after your I130 is approved and you have finished your NVC).
MalrothienFemaleCanada2009-12-20 18:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat exactly is Adjustment of Status?
Adjustment of Status doesn't apply to CR1 visas. It is used for non-immigrants who wish to become permanent residents from within the US.


Removal of conditions removes the condition on the green card that are there to prevent fraud marriages. You basically have to prove that your relationship was entered in good faith and that you have taken steps to comingle your life.
MalrothienFemaleCanada2009-12-21 16:10:00
IR-1 / CR-1 Spouse Visa Process & Proceduresno job yet
Hi -

Please only open one post with the same question.


I would suggest you have a co-sponsor, even though it appears you have enough assets in cash for the I-864, however, some consulates do not accept assets for the I864.
MalrothienFemaleCanada2009-12-21 15:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresG-325A
Don't leave anything blank. N/A may work better for the middle name.
MalrothienFemaleCanada2009-12-21 20:30:00
IR-1 / CR-1 Spouse Visa Process & Procedureshow to apply for CR1
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MalrothienFemaleCanada2009-12-11 23:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat happens after IV paid?
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MalrothienFemaleCanada2009-12-23 09:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWife Is A US Citizen & We Need A Co-Sponsor
QUOTE (john_and_marlene @ Dec 23 2009, 07:50 AM) <{POST_SNAPBACK}>
I don't see where they indicated it was their intent to immigrate when they first came to the US. They may have very well decided to stay after they got married. I know so many of you want everyone else to go through just as much travail as you have, but it is not always necessary or required. To neglect the perfectly legal option of adjustment without leaving is truly a disservice to the poster.



Yet, again, as Trailmix posted, are you going to pay for their lawyer when they're denied? Sorry, but I agree with her - it is irresponsible of you to post that advice.
MalrothienFemaleCanada2009-12-23 10:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWife Is A US Citizen & We Need A Co-Sponsor
QUOTE (john_and_marlene @ Dec 23 2009, 04:21 AM) <{POST_SNAPBACK}>
Since you are already in the US, don't bother with the CR1 visa. File I-130 along with an adjustment of status if you can find a cosponsor.



That is illegal as the Canadian immigrant quite clearly has immigrant intent. Please don't advise poor advice.
MalrothienFemaleCanada2009-12-23 09:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWife Is A US Citizen & We Need A Co-Sponsor
Yes, you can have a co-sponsor and they would file an I864 or an I864A (if the petitioner and cosponsor live together). However, that is many months down the road.
MalrothienFemaleCanada2009-12-22 19:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs this the real processing time for VSC?
No I130 is processed in Chicago - it's either VSC or CSC.

I am not sure where you're pulling your data from. Those averages seem very high.
MalrothienFemaleCanada2009-12-27 22:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMy wife got her CR1--- How many months of the year do we need to live in the US?
You need to spend the majority of your year in the US. You are thinking of a plan that is potentially going to invalidate all of the hardship you have experienced in this process. If you were unsure of the ability to get a job, etc, you shouldn't have filed for the visa. :\
MalrothienFemaleCanada2009-12-29 00:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 time of validity
QUOTE (Dogwood_Poet @ Dec 30 2009, 04:05 PM) <{POST_SNAPBACK}>
No, the test caused her to have to reschedule her interview, so they issued her visa to expire six months from her medical NOT her date of interview.




Which, again, is a completely different set of circumstances to the normal.
MalrothienFemaleCanada2009-12-30 19:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 time of validity
QUOTE (Dogwood_Poet @ Dec 30 2009, 02:19 PM) <{POST_SNAPBACK}>
It is dependant on the medical, my wife had to wait for the results from a sputum test so she only had a couple of months to travel once the visa was issued.



That is completely different than being dependent on the medical.
MalrothienFemaleCanada2009-12-30 18:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 time of validity
QUOTE (Scott and Mhay @ Dec 30 2009, 12:33 AM) <{POST_SNAPBACK}>
I think 6 months or until the medical expires.(whichever comes first)...I was reading somewhere...i have to see if I can find it again. That is why you want the medical close to the interview.



Is not dependent on the medical - it is 6 months from issue.
MalrothienFemaleCanada2009-12-30 11:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSomeone help please!
Don't bother asking USCIS any questions - you are going to get different answers with different operators. Ask your questions here. smile.gif


I would put your new address and send it to the service center for that state (check the I130 instructions).
MalrothienFemaleCanada2009-12-30 11:43:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat is best? Apply for CR1 or have a job sponser lined up?
By filing the I130, you are filing for the CR1.
MalrothienFemaleCanada2009-12-30 14:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow do I know which Visa I am applying ?
I'm not sure why you would have filed for the Employment Authorization as you were not eligible to file for it. It shouldn't affect your CR1 filing, but you should be aware that it may be brought up at the interview as to why you filed for it when you were a visitor.


You won't hear anything from NVC until your I130 is approved.
MalrothienFemaleCanada2009-12-30 16:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPost DS3032 Email correspondence question
Read the information just prior to it - it is in relation to the I140.
MalrothienFemaleCanada2009-12-31 16:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPost DS3032 Email correspondence question
That is just an email saying they received your email. You do not need to do anything further.
MalrothienFemaleCanada2009-12-31 16:29:00
IR-1 / CR-1 Spouse Visa Process & Proceduresis the criminal records needed in accplying for CR1?
Police records are required for the beneficiary - NOT the petitioner.
MalrothienFemaleCanada2009-12-23 09:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion for I-864, Affidavit of Support
Is the household just you and your wife? Also, how long have you been earning that wage?
MalrothienFemaleCanada2010-01-03 17:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion for I-864, Affidavit of Support
RN - do you work in the US? If not, your income does not count.
MalrothienFemaleCanada2010-01-03 17:22:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS 230
It's entirely dependent on your country's consulate.
MalrothienFemaleCanada2010-01-02 12:22:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffidavit of Support Help & CR1 vs K3 question tied to support
Here's the listing of what is considered to be public benefits:

http://travel.state....s_Tested_Public
MalrothienFemaleCanada2010-01-06 20:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffidavit of Support Help & CR1 vs K3 question tied to support
Nope, they are only liable for using public services - medicare and things of that nature. They are not liable for anything related to debt/loans.

My grandmother, who was our co-sponsor, was very worried about it because she had to pay the hospital bills for my grandfather - over $100,000. But I reassured her it would only be if we used medicare.
MalrothienFemaleCanada2010-01-06 20:37:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffidavit of Support Help & CR1 vs K3 question tied to support
I can't comment on the disability thing, because I don't know. :(

As far as the co-sponsoring thing, it's not the same as co-signing a loan. :P I, too, am very independent, but I had to have a co-sponsor. Does your husband intend on becoming a US citizen? The affidavit would only be in effect until he became a US citizen if that was his plan - which can be applied for in 3 years.
MalrothienFemaleCanada2010-01-06 20:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffidavit of Support Help & CR1 vs K3 question tied to support

THe other question that leads me to is that according to what I read if we applied for the k3 visa we wouldn't need to submit the affidavit of support till we adjust status much later in the process than if we went the cr1 route. So if we applied for the K3 visa would I have over a year to find work and get that going and then adjust status?

If we went the cr1 route he is not going to be given permanent residence anyways till we have been married 2 years and won't be needing a green card since he will keep his job in Canada for a bit.



You will most likely have to bring an I-134 or an I-864 to show that you can support your husband prior to filing for Adjustment of Status given the economy today.

I am not sure what you mean by he won't be given permanent residence until you've been married for two years? That is not correct. The CR1 visa is a conditional residence immigrant visa that ends up with a 2-year conditional green card, in which you will have to remove conditions (basically staying married for 2 years), and then you will receive the 10 year green card.



As far as filing the Affidavit - the section you are listing I believe relates to the immigrant, not the sponsor.

Edited by Malrothien, 06 January 2010 - 07:48 PM.

MalrothienFemaleCanada2010-01-06 19:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat form should we apply for our kids
For the baby - you need to file for Consular Report of Birth Abroad. The baby will get citizenship through her father.

For the 9 year old - you need to file an I130 at the same time as your husband files for your I130. It will be a CR1/CR2 filing.
MalrothienFemaleCanada2010-01-07 01:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRe: income and support forms.

What part of it are you looking for sources for? If you mean sponsoring on assets, we did that, as my USC husband was unemployed at the time we applied for my visa. Details of what is needed is on the I-864 form.



She was speaking of Christeen's post about using assets to make up the difference if you make below the poverty level - not solely using assets.
MalrothienFemaleCanada2010-01-10 18:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRe: income and support forms.

You can have him transfer enough to your account to use as assets to offset the shortage you have in meeting the income requirements... you need 3x the shortfall.. For example,if you earn $15,000 you fall approx $4,000 below the income requirements, so you can deposit 3 x 4k into an account under you so $12,000 which should suffice to prove you can support him...

OR you can look for a co-sponsor




Erm... I don't think it works like that.
MalrothienFemaleCanada2010-01-10 15:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPoverty Guidelines
You include your husband as you are sponsoring him. The amount of income you put is the "Adjusted Gross Income" line on your 1040.
MalrothienFemaleCanada2010-01-12 12:17:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIncome questsions.

Me and my wife (non-us-resident) are having a hard time dealing with this paperwork. We would not agree to how we can deal with the paper work without risking her being deported back to her country.

I do not meet the income requirement. I am only short of few thousands dollars. So we think that we will have to get a co-sponsor and so I got my parents to agreed on helping us. However, my parents have like 5 other dependents in the household. So would this affect the income requirement? Yes, it would. Since I am the co-sponsor then I am also counted as a dependent in my parent's tax return? You are not the co-sponsor, you are the MAIN sponsor. If you are not claimed as a dependent on your parents tax return, then it would not count towards their household. You are also not counted on their household but your wife is.

my wife thinks we will be included into the number of dependents in the household. I can make enough to support myself but just barely for two. I am 27 with a career job. So what should I do?

our other option is get a "broker" to find us an eligible co-sponsor. it might cost us a grand and also another 1.5 grand for lawyer.

What is the easiest way?

Can someone share me their story that might be helpful?


Edited by Malrothien, 12 January 2010 - 03:56 PM.

MalrothienFemaleCanada2010-01-12 15:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestions on filing I-130 and G-325A
QUOTE (khans @ Dec 31 2009, 01:22 PM) <{POST_SNAPBACK}>
Hi All,

I am a US citizen and filing I-130 and G-325A for my wife. I have a few questions regarding a few of the questions in forms, any help would be greatly appreciated. I read many forms online but could not find clear answer.

G-325 A:

1. On the second line of the form it ask for 'All Other Names Used (include names by previous marriages)'. This is my wifes first marriage and she changed her name after marrying me. Should I give her maiden name here? I does not specify to provide maiden name.

It says ALL other names - that includes maiden.

2. On the form it ask for 'Applicant's employment for the last five years'. My wife is a student and has never worked in her whole life. So should I write 'NONE' or give names of her school and in occupation write Student?

None - full-time student.

3. Also, for quesion 'Last occupation abroad if not shown above'. What should I write there?

If she's never worked, N/A.

5. I have never worked outside from America, however, i have went to school outside from the country. When i am filing G-325A for myself, in the question 'Last occupation abroad if not shown above'. Should i give the last school i attended outside from the USA and in occupation write Student?

Occupation, to me, means employment. Don't believe school qualifies.

4. Finally, what I have understand is it used to be four pages and now the form is down to one page. However, at some places i read to make four copies and sign them. What would be your advice should I just send on page?

It is only one page now.

I-130:

1. On section: D of the form I-130. It asked for 'Have you ever filed petition for this or any other Alien'. I filed I-130 for both of my parents before and both of their petitions got approved. Should I answer YES to that question and list their names? Also, if anyone has filed this question before, please let me know what informat do i need to provide there. It ask for name, date, place, and result. I think I filed in California Service Center so for place can i write CSC?

Yes, you should answer yes as you have filed a petition for other aliens.

You help will be greatly appreicated and thank you for your time in advance.


MalrothienFemaleCanada2009-12-31 16:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresProcessing through Montreal
It depends on how you are filing (regular or DCF), what stage you are at in the process, etc. It's hard to answer your question without more information.


If you are strictly asking the wait time for an interview after case completion at NVC - it is 4-6 months right now.
MalrothienFemaleCanada2010-01-14 14:50:00
IR-1 / CR-1 Spouse Visa Process & Proceduressign failed and complete at NVC, when to call for interview
You don't schedule the interview - the consulate does. The current wait time for an interview in Montreal is 4-6 months from case complete.
MalrothienFemaleCanada2010-01-15 18:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS230
There are only two consulates at the moment that accept electronic filing.
MalrothienFemaleCanada2010-01-15 18:01:00