ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresLayovers
My wife was flying thru Frankfurt with a US visa and a Kazakhstani passport. I e-mailed the German embassy to see what the requirements were for her. For Germany, as long as she stayed in airport she did not need a visa. If she was to leave the airport then she would need a visa. When my flight from London to Almaty was canceled and I had to go via Moscow, I asked several times if I needed a transit visa to go thru Russia. I was told that I did not. However, the immigration officer at the Moscow airport took my passport and told me to come back to this door at 7am (it was 5am) to retrieve my passport. So there I am in the Moscow airport without a passport. To me that was a transit visa, making me wait.

To my mind I would make certain of the country's requirements before booking flights.

Have a Happy New Year.

Dave


Dave&RozaMaleKazakhstan2011-12-25 22:43:00
K-1 Fiance(e) Visa Process & ProceduresIN-TRANSIT WITH K1 VISA to USA
Please, please, PLEASE check the country requirements for the person traveling. Most of us are USC and do not require a transit visa, however, depending on the country your K-1 visa holder is from, they MAY be required to have a transit visa just to stay within the airport. There is currently a thread on a person traveling to the US from Peru and they want to go thru Canada or Mexico. Canada requires a transit visa, Mexico does not, but there are medical requirements. Once you pick a route for your K-1 visa holder to come from their home country to the US, check the requirements of any country they will be stopping in. DO NOT accept people on VJ's word on it unless they have traveled the same route with the same circumstances. It is up to you to make certain all requirements for travel are met.

Good luck,

Dave
Dave&RozaMaleKazakhstan2011-12-27 16:00:00
K-1 Fiance(e) Visa Process & ProceduresK1

my girlfriend in Canadian, I'm a U.S. born citizen, would it be possible to avoid a bunch of bureaucracy by just marrying her when she came down to visit? I know a lot of paperwork would still have to be done but, we are trying to avoid the wait time


Good luck with that. At least Canada is close and cheap to travel to. Plus most likely both of you will be able to travel to see the other. Count yourself lucky. Most of us that go through this process not only have the waiting, but it is very expensive for the USC to travel to their intended SO's country and for some of us there is no way in hell the SO can come to the US until the visa is issued. So we have to wait without seeing our SO for a very long time.

Sorry, but people who want to short cut the legal process just burns my butt.

Dave

Edited by Dave&Roza, 05 January 2012 - 01:00 PM.

Dave&RozaMaleKazakhstan2012-01-05 12:59:00
K-1 Fiance(e) Visa Process & Proceduresoverseas when forms/checklist arrive?
Not sure how quick Australia is from receiving the info from the NVC to issuing you an interview date. The first question would be, "When did you send in the K-1 application?" If it is close to six months when you want to travel then maybe the NOA2 arrives while in the US and the forms are sent while you are here. For us the time from receipt of packet from NVC to interview was 10 days which was too fast as the medical was going to take 12 days, so we rescheduled which was not a problem for us. I will let those that have gone thru the process in Australia tell you how long the wait is. I am envious of thos people that can travel to the US while waiting for the K-1 as my wife would have never been able to get a visa so we had to wait until her K-1 was approved.

Just remember that the USCIS and Embassies do not work on your application until it is received. So the longer it takes for you to get the packet back to the Embassy the longer the waiting. Also be aware that you may or may not be allowed into the US with a pending K-1 visa depending on your ties to your home country (but that is the case whether you have a pending K-1 or not). If you are in the US when the NOA2 arrives, you can hop on a plane back to Australia and get there before the packet does as it usually takes a week or two at the NVC before heading off to the Emabssy.

Good luck.

Dave
Dave&RozaMaleKazakhstan2012-01-04 10:17:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about when to get what to speed things up
What slowed us up at the Embassy stage was the medical and you cannot get that until you have a letter allowing you to get the medical. The interview date for us was 10 days from receive of e-mail from Almaty Embassy. Medical results took a week and the wife needed time to get there as it was way on the other side of the city. So by the time she had her medical the results would be ready the following Wednesday. Interview wasw on Tuesday, so we rescheduled. The police report did not take much time. I would wait until the notice that the petition was approved and then go for the police report and to get the employment letter and the I-134. That way it is only a few weeks old assuming the interview date is close to when the Embassy receives the packet from NVC. There are some places where the interview date takes forever so I'd check with thoese that have gone thru the same Embassy to see what the wait is and then plan accordingly. No sense in doing things twice. You are not going to save that much time in the end.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-01-09 09:14:00
K-1 Fiance(e) Visa Process & ProceduresWhen Will She Get a US Passport?
You have completed step two. Step one was for the petition to be approved. Step two is for the K-1 visa to be issued. Step 3 is for her to arrive in the US. Step 4 is to get married. Step 5 is to file for AOS. Step 6 is to file for ROC after having her GC for 2 years--you are eligible to file 90 days before the 2 YR GC expires. Step 7 is to file for Naturalization--the earliest that can be done is after 3 years of marriage and LPR status or anytime after that if stail married to the same USC when granted LPR. Otherwise it is 5 years for naturalization. Then step 8 is to apply for a US passport. So you are a ways, several years and several thousands of dollars, from applying for a US passport.

Good luck and enjoy the ride,

Dave
Dave&RozaMaleKazakhstan2012-01-10 17:33:00
K-1 Fiance(e) Visa Process & Procedureshelp!! social security

thank you very much for your answers, another question my friend's boyfriend who also came to U.S. with the K-1 visa and also obtained his SS before marriage and adjustment of status, he is working after they got his SS, they might have a problem when you make your adjustment of status, my friend says that they will not have problems because she saw years ago a similar case to our and they had no problem, that's why I began to inquire of you to get out of the doubt.



I would ask this friend how th eemployer filled out the I-9 form required for every employee. It is on the employer to check the proper documentation of their workforce. Now we all know there are several employers in the USA that could careless about the fines of hiring undocumented workers and do so on a regular basis. It's like saying, "I drove down that road 15 mph over the speed limit last week and did not get a ticket." Maybe this week or next week there will be a car with those flashing lights on it to stop you an issue you a ticket. Same can be said for your friend and that other case.

Dave

Edited by Dave&Roza, 16 January 2012 - 05:45 PM.

Dave&RozaMaleKazakhstan2012-01-16 17:44:00
K-1 Fiance(e) Visa Process & ProceduresG-325 Is file number and Alien Registration number the same?

SHould I put N/A since I am just applying for a fiance visa and don't have one yet?



Yes. It will be issued to you when your petition is approved--it is the number above the beneficiary's name and is 9 digits long just like a SSN.

Dave
Dave&RozaMaleKazakhstan2012-01-17 10:49:00
K-1 Fiance(e) Visa Process & ProceduresG-325 Is file number and Alien Registration number the same?
Any person who enters the USA thru immigration receives an "A" number which is your file number or alien registration number. Like an SSN it is unique and is only associated with you. To help them find your file within the system you give them this number even if you are a US citizen thru naturalization. I do not have an A number as I was granted USC by birth, so I would enter N/A in the space. If you have ever had an A number then it should be entered into the space provided. My wife will be entering her A number from now on--or at least until we are done dealing with the USCIS.

Dave
Dave&RozaMaleKazakhstan2012-01-17 09:30:00
K-1 Fiance(e) Visa Process & ProceduresHelp with this last phase our long journey please!
There is one and only one original of anything--that is why you never give up the original. The others are either copies or certified copies of the ORIGINAL. I used certified copies of my birth certificate, and marriage certificate. I had the original marriage certificate with me, to show them at our AOS interview, but I gave them the certified copy. It is like filing a Deed to a house, the Clerk scanns in the original and sends it back to you. You have the ORIGINAL and they have a copy. Then then can issue you copies of that original. Please be careful not to give up your original documents to anybody as it is the one and only original. (this is especially true of Wills and Trusts as everyone will want a copy and will check to see if what you have is the original by checking the print or stamps or something tell-tale and if it is not the original, but only a copy then that is a can of worms)

Get another certified copy of the BC or two or three so you have them here in the USA for use later (and not just for immigration purposes). Please look at the instructions of any form you must fill out for the USCIS and look under the heading of 'Copies" to understand what they want in regards to originals verses copies and what happens if you give them an original.

Good luck (actually you are just beginning the journey not coming to the end, there are many phases to go yet),

Dave

Edited by Dave&Roza, 17 January 2012 - 09:54 AM.

Dave&RozaMaleKazakhstan2012-01-17 09:51:00
K-1 Fiance(e) Visa Process & ProceduresTime from interview until Visa is actually in hand, ready to cross

I want to be with my fiance when he is flying in to the country for the first time. He has never flown before and also will be flying into the Atlanta airport. I am sure, knowing my fiance, that without me there he will be lost in Atlanta and surely miss his flight.

How much time would you take off from work in order to guarantee he will be able to come back with me? I know some consulates give the visa the same day, but from what my lawyer has told me... he will be most likely leaving them his passport, and receiving it in the mail.

Just wondering how long I should plan to be in mexico waiting....

Also my lawyer mentioned that they may have an expedited service for mailing it back to him. Any idea if this is true? I contacted his consulate but have not received a reply.


Why not just wait until he actually has the visa in hand, go to Mexico and fly back with him. The visa is valid for 6 months--usually, check it to make certain when he receives it. My wife had to go thru the process of getting permission to leave her country. That took 2 months. So she did not travel unitl the 3rd month of validity of the visa. It was issued in September, good until March, and used in December. I know after the long process of waiting for the visa you want to be together, but things can happen and you could go to Mexico and run out of time before he gets his visa. Here on VJ we always recommend to not make concrete plans until the visa, GC, or other required document is actually in your hands as anything can happen until then. For us in Kazakhstan, she was approved and received the visa two days later, but I have found that the Embassy in Almaty is run more efficiently that most in the world.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-01-27 12:21:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Expiration

My Fiance just got her K-1 Visa. On it it says:

Issue Date: 02FEB2012
Expiration Date: 30JUL2012
Annotation: FIANCE OF (MY NAME) K-1 PETITION EXPIRES ON MAY 31, 2012


Why are there two different expiration dates ???



Your original petition expires on May 31, 2012, but you have the visa so that date is not important anymore.

The date your finace must enter the US by is 30 JUL 2012. Once you use the K-1 visa for entry to the US it is no longer valid as it is a one entry visa. Then you must get married before the expiration date on the I-94 which will be 90 days from the date of entry. Once married, you file for AOS, but there is no dead line for that. Your fiance cannot work nor leave the US until the AOS has been processed and he recieves the EAD/AP card or the GC.

Good luck and congrats on the visa,

Dave
Dave&RozaMaleKazakhstan2012-02-06 17:24:00
K-1 Fiance(e) Visa Process & ProceduresAlien # on NOA2 for k1 ?

I have just recieved my NOA2 today thank God. Do u guys know if the number written next to my fiancee's (The beneficiary) name is or will be her permanent alien number ? Thanks in advance.



Yep, that's what it is. This will be her alien number or case file number within the USCIS. It is about as important as the SSN.

Congrats on getting your NOA2.

Dave
Dave&RozaMaleKazakhstan2012-02-07 10:20:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa Expiration

what is the EXP. date on the visa state?

do you have the 6 months?


This is a good question as not all visas are valid for 6 months from when you receive it. Make certain to enter the USA before the expiration date that is on the visa. The petition expiration date is how long the petition approval was valid for and most embassies/consulates can extend that date if the process takes longer. Typically the K-1 visa is good for 6 months, but there have been a few people that have noticed that the expiration date was not 6 months after the date they received their visa in hand. Please double check that.

Congrats on getting the visa,

Dave
Dave&RozaMaleKazakhstan2012-02-13 11:16:00
K-1 Fiance(e) Visa Process & Proceduresis it ok if a abrriviate my employment state and our country

Very common problem.

In this case you would write 'Please See Attachment' in the space provided, then type up a separate sheet;
'Attachment to G-325a, Question __, for 'Your Name'.

Then write it in their.

They are VERY strict on the G-325a!



I just reduced the font size so it would all fit. As long as it is readable. I put the following on one line:

Kazakhstan Instutite of Management, Economics & Strategic Research (KIMEP) 4 Abay Ave office #222 Almaty Kazakhstan

Since you are dealig with US addresses, the standard US postal designation for states can be used.

You can used the attached sheet method, but I always worry about the sheet becoming unattached and lost. You might try the reduced font method, but you may need to know someone with Acrobat Pro as I have that at work and find I can do things that most people cannot.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-02-15 17:51:00
K-1 Fiance(e) Visa Process & ProceduresG325a city and country of residence

Hi where it asks my city and country of residence on the g325a form should i put for city New Jersey and for country united states? or should i put the actual small town i live in called woodbridge instead of new jersey???


It may seem strange,but I would use the actual city name and the country. It has always bothered me to put Englewood, USA, but this is a form that needs to be filled out correctly so do as they ask. Do not assume anything or add unwanted information. I sometimes think the US government does this just to see if we actually can read and follow directions. Actually it is trying to have a single form fit several different situations. So I would put WOODBRIDGE, USA. There are enough places where the city, state and country will be entered that they will know where you live.:o

Good luck,

Dave

Edited by Dave&Roza, 15 February 2012 - 05:12 PM.

Dave&RozaMaleKazakhstan2012-02-15 17:11:00
K-1 Fiance(e) Visa Process & ProceduresQuestion...

I'm just saying: I really doubt The US Border Control and USCIS will say: Hey, good try 4 Months ago, but since now you have a Fiance' Petition were going to let it go. Welcome to the USA
Get the Idea?



Yes, I'm Special. I rode the Short Bus.


The illegal entry was in 2007. Not 4 months ago. So it is not like they are trying to overcome something that hapened recently. It was 4+ years ago. It will have an impact on the visa application. He really needs to read and understand any document he signs as it might have been a 3 year or 10 year ban to enter the US. If that is the case you will need to file a waiver. He needs to find out what it was he signed. FOIA? Call CBP and ask? Do a background check on him and see what pops up?

Good Luck,

Dave

P.S. the form where they ask about visas is DK-156 that is filed when the beneficary files at the Embassy. It asks for approved visas and visa denials.
Dave&RozaMaleKazakhstan2012-02-17 17:56:00
K-1 Fiance(e) Visa Process & ProceduresThis is really annoying....

I just want to be with my wife... She's everything I've ever wanted, it's frustrating that paperwork is whats keeping us apart. :(



Your profile states you applied for a K-1 visa yet you say you want to be with your wife?!? I hope she is still your fiancee as the K-1 is for a finacee and the IR1/CR1 is for spouse. You might also not mention she is your wife if she is your finacee as the USCIS has denied petitions for couples who claim to be married--these are horror stories of couples doing a "wedding" in the home country, but there was one or two (not sure if true) storeis on VJ where the couple was denied because they refered to each other as husband and wife. So be careful, I would not want you to be denied becuase of a slip of the tongue.

Dave
Dave&RozaMaleKazakhstan2012-02-17 10:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFile a spouse visa while working abroad as an expat

Hello friends,
I am just off a fresh K1 rejection and starting to look at the IR-1/CR-1 spouse route. I have more or less decided to abandon the K1 visa. Here are my plans now:

There is another possibility that I am considering that I need your opinion on.

My company has an office in India. Here is the scenario I am considering:

a. Go to India ASAP and get married. Apply for the spouse visa
b. Request a transfer to the India office
c. My company wants me to work in India for 2 years.
d. Get the spouse visa approved while in India
e. Come back to US after my 2 year assignment.

Does the above scenario complicate things? I am concerned about the following points:

a. I will have an Indian address. I will not be a resident in the US but I guess I could still give the address of my condo.
b. I will be paid an Indian salary while in India

I do have a condo that I own in the US that I can show as property. I can also negotiate with my company to pay me a US salary and keep me as a US employee. I am seriously considering that possibility so I would like your opinion on it.

Thanks,
Harki


First, I would look to see why you were denied a K-1 visa at the Embassy in India. A CR-1/IR-1 will not make that just go away. If it was due to lack of relationship evidence than your plan will work, but if there is some other reason for the denial, I would look at that before jumping into a marriage where you may not be able to bring your wife back to the US. You might want to look into direct consular filing (DCF) from the New Delhi embassy if you are going to live and work in India for 2 years. That might be your best bet in this situation.

Good luck,

Dave
Dave&RozaMaleKazakhstan2013-03-08 09:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDecrypting the new I-864

 

I'm including my payslips along with my wife's and I year to date banking statements showing the deposits from my work.

 

The IRS doesn't give proof they can only show that I did not file. Its really dumb if you think about it because why would I hind the fact if I were to file. The more money I make the easier it is to support the immigrate right?

 

But my question is do mark 1.a or 1.d or even 1.e on the new form? Because it clearly shows that I can only be a Petitioner, Sponsor, or a Joint Sponsor but not more then one. So I'm the Petitioner do I still need to enter my financial information even though I have a vary good Sponsor?

 

To prove that you do not need to file a tax return, you must go to the CFR (Code of Federal Regualtions) or to this site on the IRS and follow it around until you find the information that matches your situation. So I would print out the page and then print out Table 1-1 and then include proof that your gross income does not exceed the requirements.  Plus you have no other type of income that the IRS requires you to file a return on.

 

You are the petitioner, the person you submitted the petition for is the beneficiary and as the petitioner you must include everything for the I-864 you must complete.  The US government wants to make certain that the beneficiary is supported by the petitioner and will not become a public charge.  To do this they have established guidelines for income in order to qualify.  You, as the petitioner, do not qualify.  So you ask someone who is willing to be "on-the-hook" for the beneficiary should the petitioner, you, be unable to pay back the government.  This person becomes a co-sponsor.  You are the main sponsor and in your case, your Mother, is the co-sponsor as your income is below the 125% of the poverty level.  The USCIS wants fiancial information from the petitioner even if the petitioner's income is zero and the petitioner has zero income.  Plus they want all the proof that the co-sponsor can meet the poverty guideline for their family size plus the beneficiary.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-05-21 09:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDecrypting the new I-864

My wife and I are starting to freak out over this application process and no one will help us because we are in the middle of our application process.

 

Here is our back story:

 

I'm a US citizen by birth and have lived in Minnesota in tell I moved to South Africa two years ago. My wife and I meet in Minnesota while we were working five years ago and we married in South Africa two years ago. Now we both want to move to Minnesota to live and work but we are in over our heads.

 

We have completed the interview at the Jo'burg embassy and they have asked for more paper work. What I really need help with is this new I-864 form because every time I look at it my understanding of what it is asking changes.

 

My mother is going to be the sponsor since I have no income to show for 2012 and she makes over the 125% poverty line.

 

So my first question is if I'm the petitioner must I also be a sponsor?

 

If I'm not a sponsor must I still enter my South African income?

 

If I'm living in South Africa with my wife but we are both moving to my mothers address in Minnesota how do I fill out the I-864 correctly?

 

 

 

 

Have you been FILING a US income tax return on the income (or lack there of) you have been earning in South Africa?  If not, then the USCIS will be asking for a tax return from you as the petitioner so I would FILE a 2012 tax return or you will have to show no income and cite from the IRS CFR why you were not REQUIRED to file a US income tax return--this is the one item that trips up most people when they have been living overseas and the USCIS sends an RFE for income tax returns from the petitioner.  Take care of this requirement first.

 

Dave


Edited by Dave&Roza, 20 May 2013 - 12:10 PM.

Dave&RozaMaleKazakhstan2013-05-20 12:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresName on passport

Hi everyone!  We filed our 1-130 with my passport in my previous name.  We have only received the NOA1.  I have now gotten my passport in my married name.  Will I have an opportunity to change the name for my green card etc?   Our petition is at the benefits center in Missouri.

 

Many thanks

 

When you get to the NVC stage, fill out the forms using the name in your current passport.  I would incoude a copy of the new passport and if you still have the old one, a copy of it with however they indicate that it is cancelled.  If that does not work, hopefully the Embassy/Consulate will catch this when they issue the visa as it must match the name in the passport that it is attached to.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2013-05-23 16:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS for $0 income with joint sponsor

Did you complete an I-864 form and did your Uncle complete an I-864 form?  The USC spouse, that's you, must complete the I-864 form as the primary sponsor evenif a co-sponsor is needed.  You also need to include the last three years of tax transcripts or why you did not file.  The reaosn for filing must be a reference to the IRS CFR as to why you were not required to file.  Zero income is not always a reason for not filing as my brother has zero earned income, but must file a tax retun every year due to investment income.  So you must find the legal reason in the IRS tax code and send that in.

 

It is sounding like you did not complete an I-864 and only your Uncle did.  If that is not the case then I do not know why they keep wanting the full name listed.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2013-06-10 16:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat to expect at the Los Angeles Point of Entry (POE)?

Successful CR1 interview. VISA granted from the US Embassy in New Delhi, India. Two questions:

 

1. What to expect at the Los Angeles Point of Entry (POE)? Which lane to go thru?

2. Any suggestions on how to handle medical insurance until she (beneficiary) can be a part or my insurance

 

Thanks

 

KoolBreez

 

Read the POE reviews here  on VJ for LAX.   Are you talking about adding her to your employer's health care?  You should have inticated the life changing event when you got married to your employer or you should do so now.  They will want a SSN, but my employer had a work around until my wife received her SSN.  Your wife should receive her SSN in about two weeks.  If not go to your local office and ask to have it printed out or in some cases you may need to apply again.  Once you have the SSN you can add her to your health insirance.

 

Good luck and congrats on the visa,

 

Dave


Edited by Dave&Roza, 26 June 2013 - 04:16 PM.

Dave&RozaMaleKazakhstan2013-06-26 16:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCitizenship 3 year rule when does it start for CR-1 (Conditional Resident)

^^^^^^^^-------This exactly correct.   A LPR (Lawful permanent  resident) is a LPR.  The ONLY difference between a 2 year GC holder and a 10 year GC holder is that the 2 year GC holder's residency expires when the GC expires unless they file for ROC (Removal of conditions).  A 10 year GC residency does not expire when the card expires--everything else is the same.

 

Dave


Dave&RozaMaleKazakhstan2013-07-08 09:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCitizenship 3 year rule when does it start for CR-1 (Conditional Resident)

Hello 

Citizenship 3 year rule is same for CR-1 & IR-1 ?

or for CR-1 starts after removing condition from GC ?

thanks 

 

3 years as a LPR AND married to the same USC spouse for the preceeding 3 years. You check your GC and you can file 90 days before the 3rd anniversary of the LPR since date as long as you were married before becoming a LPR.  If married after becoming a LPR it is based on the wedding anniversary.  BOTH conditions must be met.

 

Good luck,

 

Dave

 

P. S.  This assumes you meet al lthe residency, and time in the US criteria for being eligible for USC.


Edited by Dave&Roza, 07 July 2013 - 03:44 PM.

Dave&RozaMaleKazakhstan2013-07-07 15:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhen do I need to bring to my POE?

Hi everyone
 

17 months and 22 days since we filed our I-130, I am finally approved and ready to make my entry for the USA. My POE will be Chicago on the 19th.

 

My husband is dyslexic, so I've been on my own through most of this process. It's been such a long haul, and at this point it seems like every time I try to read through the official information links, I get dizzy... I feel spent, but at the same time very excited to start our life together!

What I'm trying to figure out right now is what exactly do I need to bring at my my POE? I know the envelope I received from the Embassy, as well as the chest X-ray CD. Anything else? I'm terrified that something will go wrong during this final step.

I'm sorry if this question has been asked a billion times before... And thank you in advance for you help!



 

You will hand over the sealed envelope and get to keep the X-ray. You will show passport with visa and they will stamp the visa and that will act as your GC until the actual card arrives--you may or may not be taken to a secondary screening area, I would go to the POE reviews here on VJ and look over ORD here.  You pick up your bags and go thru Customs and hand over the Customs Declaration form and then got to your connecting flight if you have one.  Depending on time of day and the number of international flights arriving, this can be a quick process or take a while.  At Denver, it took longer for the bags to get there then it did to go thru immigration but she was on a K-1 visa not a CR-1/IR-1.

 

I would just relax and go with the flow,

 

Congrats on getting this far in the process,

 

Dave


Dave&RozaMaleKazakhstan2013-07-12 08:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan USC Petitioner Leave US for 1 month after entering US with CR-1 Applicant?

Hello! 

 

 

Background:

Me and my wife are (hopefully) nearly done getting her CR-1.  She is slated to begin University in the USA starting this September.

 

We are living abroad, and my job requires that I give 60 day notice before leaving in order to collect benefits and settle everything.  I'd really like to do this, but obviously, my priority is with my wife and our new journey to the US!

 

I know USCIS (rightly) discourages us from leaving jobs or selling property/ etc before receiving our visas, so I haven't put in a 60 day notice, but September is approaching fast!

 

I believe that we should enter the US together, and I'm okay with that.  My permanent residence is with my parents, who will help us while we get set up.

 

 

 

Main Question:

If we get our visa, would it be okay if I put in my 60-day quitting notice, have us both go to the US, and have me return to this countyr to finish my final 45-or-so days, at which time I will return to the United States?  This would really help us in a variety of ways (securing good employment references and saving a lot of money). 

 

 

Thank you so much!  I'm so glad I found this community (and wish I had found it sooner).

 

Thanks again!!!!!!!!!!

 

As the USC you can do as you like. Only your wife as the LPR has to worry about time spent outside the US, but short trips of less than 6 months are not a problem.

 

Good luck,

 

Dave


Edited by Dave&Roza, 18 July 2013 - 11:58 AM.

Dave&RozaMaleKazakhstan2013-07-18 11:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCertified True Copies?

Hi, I'm about to assemble all my CR-1 Visa package and i have some question about the copy... since the guide i'm following here doesn't say if i need Certified True Copies of the following or if its ok just to copy if myself (photocopy or scanning).

 

4. Copy of the full Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport. This is used to establish citizenship.

5. A copy of petitioner's proof of naturalization. (If applicable)

6. A copy of petitioner's proof of permanent residency. (If applicable)

8. A copy of your marriage certificate (If not inEnglish then again get a translation)

 

base on this guide: http://www.visajourn...tent/i130guide1

 

I have a certified copy of my Birth Certificate i can just put that in...but the naturalization i don't, and married certificate i don't as well... I can get a naturalization true copy (i guess if i go to a notary) but the marriage one is from my country which i don't have the true certificate right now.. i'm just concern that if i give my original i won't get it back, and is the original that important or as long as i have access to the true certificate on my country that i would be ok without the original on my hands...

 

Side question: The proof of permanent residency? would my naturalization cover that or what do i need to prove that? Driver's lincense?

 

Thanks guys smile.png

 

 

 

Unless they specifically ask for an original document a copy is fine.  This is specified in the instructions under the title Copies and it states this very thing (it's on page 2 under General Instructions for the i-130 form).  You are proving you are a USC not a LPR so your naturalization will prove you are a USC so there is no need to prove that you are a LPR as you are not, you are a USC.

 

Good luck,

Dave


Edited by Dave&Roza, 25 July 2013 - 11:54 AM.

Dave&RozaMaleKazakhstan2013-07-25 11:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWritten explanation of no income/taxes

Thank you very much..I assume not getting anything from IRS.gov was okay..just a simple letter/statement would do.

 

 

It would carry more weight if you could go to the IRS website and include the "WHO IS REQUIRED TO FILE A TAX RETURN" checklist and show that you do not fall under any category.  There is the interest, dividend and capital gains, self-employment, and earned income questions that I know of.  Typically if you just state that you had o earned income that will suffice as to why you were not required to file a tax return.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-08-03 14:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCopy of petitioners passport mandatory to be sent with i-130?

We are about to submit our i-130 package but would like to know if the copy of my husbands (the petitioner) passport is mandatory or is the copy of his naturalization certificate sufficient. He has recently become a US citizen and is about to apply for his passport. However, we would like to mail the package ASAP. Should we wait for his passport to arrive prior to sending off the i-130?

 

 

This is used to prove he is a USC and is therefore eligible to file the I-130 form for you.  Whatever shows he is a USC will be fine. So a copy of his naturaliztion certificate will be fine.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2013-08-07 12:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhen will I be able to work in US? (After Entering US)

Hey Guys,

 

I am planning to work in US but they are asking for valid work permit.

 

I am wondering, when will I be able to work in US?

 

Do they give valid work permit (or Green Card) at the airport only? (temporary greencard?!?!)

 

Or do I need to wait for something else?

 

Kindly help understanding it.

 

Thanks

VS

 

When you arrive at your point of entry (POE), they will stamp your spousal visa and that acts like an I-551 which is the document number for a GC.  You will then need to go to the SSA to get your SSC if it does not arrive in a few weeks--this is if you ticked the send me a SSC on the DS-230 section 43a, but this is hit and miss.  You should get everything after about 30 days.  If not, then inquire to make certain your information was entered correctly.  I would make certain your name is on the mailbox so the USPS does not return your SSC or GC--that happened to us.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-08-08 11:30:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE - joint marital asset evidence

Hello VJ Friends,

 

I would like to ask for your opinion on our issue.

After almost 9 long months waiting for NOA2 we got a RFE and here it goes:

 

"* Submit joint marital asset evidence described on page one." 

 

On the page one there is one box checked:

 

"Submit copies of documents that will support your application for permanent residence which were filed based on your marriage.

 Documents to be submitted are lease/mortgage contracts showing joint occupancy/ownership of your communal residence,

 insurance policies(health, car/life), financial records showing joint ownership of assets or joint responsibility for liabilities, such

 as joint savings/checking accounts (bank statements should show the date the account was opened), joint tax returns,

 joint installments or other loans, utility bills. if you live with relatives or friends, a lease in their name(s) must be submitted

 with a notarized affidavit from them attesting to the living arrangements and your monthly rent obligations." 

 

 

Looks like whatever stated above does not apply to us unsure.png because:

1. Our US home is in my USC spouse's name he owned it before we met, so there is no joint lease/mortgage/ownership.

2. Insurance policies? Yeah, there is only a car insurance with both our names on it.

3. We are filing taxes as married but separately because it works better for both us.  

4. We do not have any of financial records mentioned above as every home bill is on USC's name as it was before we got married,

    cars and other stuff has been leased on separate names way before we decided to marry.

The reason we do not have any joint installments or joint bank accounts is because my spouse left the U.S. for business trip a 2 weeks after our wedding and  got returned at POE on the way back crying.gif  

 

Of course we share our finances on a daily basis, shopping, airfare tickets (we travel a lot), gifts, restaurants, but that is it.

How can we prove our joint marital assets without evidence but car insurance ?

 

Any help is appreciated smile.png

 

 

Did you include the tax transcripts?  Do you have any ID showing that you both live at the same address?  Do you have Wills, Power of Attorney or Health Care Power of Attorney?  Are either of you listed as beneficiary on employer's benefits?

 

You can show the trips together by including boarding passes and any photos.  You can only send in what you have.  You may want to include affidavits from friends or family members as your actual evidence is very thin.  Did you include a cover letter?  You may want to do so with an explaination as to why you are missing items that most normal couples have as they combine their lives.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-09-04 16:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresReligious marriage Vs. Marriage Certificate.

Hello Friends,

 

My friend (US Citizen) is going to have an interview for his wife (Nepalese Citizen) in Kathmandu, NEPAL on Oct 3rd, 2013. Issue is what to say during an interview:

he actually got married (religious marriage) on Feb 9th, 2013 and there is a 15 days waiting period in Nepal to issue a marriage licence and in marriage license it says that their marriage was registered on Feb 24th, 2013.

Now the question is when did they get married, if the counselor asks? Feb 9th or Feb 24th?

 

Thanks,

 

The date of the marriage is the date they got married, not the date it was registered.  IF it was me I would tell the IO that I got married on the 9th and it was officially registered on the 24th.  The only need for the marriage certificate is to prove they are married.  As the benefit does not require a certain amount of time being married, the date is really irrelevant.  Now when it comes to something that says "you must be married for X years", they may want to wait for the 24th to avoid confusion, but they were still married on the 9th and I bet they will celebrate their anniversary on the 9th and not the 24th.

 

Good luck,

 

Dave


Edited by Dave&Roza, 24 September 2013 - 04:15 PM.

Dave&RozaMaleKazakhstan2013-09-24 16:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresA straight up question, give it to me straight.

point taken....... you should realize as well, accusations as you  first wrote....."That's not cheating? Entering with the intent to marry and adjust on a visitor visa?" ........ were not only inncorrect but offensive to me.

 

people every day have this same question. i am looking for possibilities and solutions. the facts. then i can make an educated decision.

 

 

How do you prove a negative as in she came to the US without the intent of getting married?  You can show a timeline where she received her B2 visa and visited.  The date she met you.  THe fact that she came again after meeting you and leaving.  The fact that you visited her after she visited you.  Now she enters the US again to visit friends and you.  After entering and being in the US, the two of you started to talk about marriage.  Sounds legit to me.  The ones that run afoul with USCIS are the ones that meet go home and then decide to get married before entering the US and want to remain in teh US during the visa issuing process.  IMHO I wish they would do away with the AOS while in the US and make everybody go back to their home country for a visa interview--either the K-1 or spousal.  Until that time, those that arrive on a tourist visa or the VWP and then find the love of their lifes and get marrief can file for AOS and remain in the US.

 

How certain am I that you will have no problems is based on what you have told me.  Now if it is as you say it is you should have no problems, but just remember that the USCIS is very good at getting to the truth during the interview and depending on the case and your evidence or lack there of, you may be facing a Stokes interview.  So I would ask your GF/fiancee what her reason for entering the US the last time was and if she can state that it was to visit friends and her BF at the time and she did not have any intentions of getting married and you grill her about your relationship and she does not break down, you should be okay.

 

It all depends on the IO you get.  It may be a cake walk or it may be hell.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-09-26 16:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresA straight up question, give it to me straight.

Thx for your time, I'll try to be brief. My gf has a b2 visa. she is from mexico. she is here for a visit and we are talking of marriage.

1. is it better to marry in usa or mexico?

2. i want to explore the possibilities, and reprocussions, of her overstaying the current permission. How will it affect later application of citizenship, or adjustment of status. (i dont know the proper terminology, sorry)

3. We are not the first to do this. Im sure there are good and bad ways to handle this situation. give me the HONEST pro's and con's.

The objective is to marry, her remain in usa with me, and file for adjustment after marriage.  

Lastly, thanks in advance for advice based on experience and/or knowledge. But please do not respond about the "Legality" of the situation, unless it is DIRECTLY associated with your ADVICE in an effort to HELP.

there is a solution to every problem. i am looking for the BEST solution for a diffucult situation, while trying to avoid causing a bigger problem later. (IE time, money, seperation)    THANKS. idea9dv.gif good.gif

 

 

As she is in the US on a valid visa and you two want to get married now--that is to say she did not enter the US on the B2 visa wiith the intent to get married--the best, quickest, and cheapest is to file for adjustment of status (AOS) after you get married.  Any overstay will be forgiven as she will be married to a USC.  She will not be able to leave and re-enter the US until she has her GC or advance parole (AP).

 

Just be sure you can prove that she entered the US without the intent to get married and then file for AOS.  To use the B2 visa as a way to immigrate to the US is visa fraud and you may be placed under more scrunty than others because of this.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2013-09-26 11:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan apply for Tourist Visa while the CR1 is on the progress

 

But even with a visa, the officer can still deny her entry. Ultimately it is on the border officer to decide. She could be out not only the visa fee but a flight to the US and back home again could be wasted.

 

I would encourage you to find ways for your husband to visit you instead. Use the money that you would have used for a visa and flight for yourself to go towards getting him to see you in your home country for an extra trip!
 

 

 

Very true.  Only USC HAVE to be admitted by the CBP.  All others are subject to review and can be turned away--are you suggesting that nobody apply for a tourist visa because they may be denied entry by the CBP?  However, with a valid visa issued by the DOS, do you really think the CBP employee will deny entry?  IMHO, CBP denies entry to those that have abused the GC by trying to live outside the US rather then in the US.  It is too bad that the US has this issue at all.  Yes, the USC is able to travel more freely, but job and other obligations sometimes makes it hard for the USC to travel and the foreign spouse can travel easier except for the visa thing. 

 

All I am saying is that they have started an immigrant visa and for them to come to the US and then file for AOS is clearly visa fraud and they will be caught.  If they mention that they understand this when applying for the tourist visa, they have a very good reason for returning to the home country--the spousal visa interview.  And that is what the CO is looking for--a reason the tourist will return to their home country.

 

OP:  Up to you.  You may be denied the visa and you are out the fee, you may be granted the visa and denied entry into the US and you are out the visa fee and the airline ticket, or you may be able to visit your husband.  No one here can say which will happen.  There are risks involved that you must weigh and decide what you want to do.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-11-01 10:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan apply for Tourist Visa while the CR1 is on the progress

Hello VJ family,

 

 I m from india( Beneficiary), married USC husband. Our CR1 is still on initial review.Can i apply for tourist or visiting visa to visit my husband while the CR1 is on the progress? Sometimes i feel very depressed. The processing time sucks.Please find me any solution for this . I m really expecting some positive replies. 

 

 

IMHO I see your case as a bit stronger than most other tourist visas because you already have a pending case.  Should you come to the US and try to stay, they will hit you with visa fraud and deny your Adjustment of Status (AOS) as you defiantly used a nonimmigrant visa (tourist) with immigrant intent (staying and filing for AOS within the US).  Your only way to remain in the US is to continue the CR-1/IR-1 visa process so you have a very good reason to come back to your home country--the interview.  But I am not the CO and my opinion does not count.  I would try.  If denied you will only be out the visa fee.  Just show strong ties to India and why you will return--i.e. might want to mention the spousal visa interview as the most compelling reason to return.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-10-31 23:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUsing married name

Hello all i am sure the answer to this question is here somewhere but seems i am not wording my searches right.

I am currently filing out the I130 form and was wondering do I use my married name (now that we are married) or do i have to use my maiden name which my passport is.

Thank you in advance

 

 

Why not remove the confusion and update your passport to be in your married name?

 

Dave


Dave&RozaMaleKazakhstan2013-11-23 19:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNext step after NoA1??

I would like to ask what's the next step after NOA1?? I don't just want to wait till I get it I might as well get ready for the next page:))

 

Well I was confused as your profile says you have been approved for naturalization--the last step in this long, long journey.  You begin the long wait, and wait.  And wait.  You can look over the affidavit of support, I-864, and begin gathering up the tax transcripts, see about a letter from your employer, and saving paystubs to prove you make over 125% of the  poverty guidelines.  You continue to chat or have interaction with the beneficiary (your spouse) and save that information.  You visit again, if possible or the beneficiary visits the US if possible and you save that information.  You show that your marriage is bona fide and continuing.  If you fall below the 125% level of the poverty guidelines you either begin saving money or finding a co-sponsor.  Assets like cash are taken at 1/3 their fair market value to make up any short comings of income.  For example, if you are $5,000 short on the income, you will need more than $15,000 in cash or other assets to make up that shortfall.  You can go to the top of the page here on VJ and read the guides on the CR-1/IR-1 visa process to see what the steps are and when they occur.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-11-25 01:13:00