Forum	Title	Content	Member	Sex	Country	Date/Time
IR-1 / CR-1 Spouse Visa Process & Procedures	Next 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&Roza	Male	Kazakhstan	2013-11-25 01:13:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Getting Laid Off In April will that effect anything?	To be clear the beneficiary is the foreign spouse and the petitioner is the USC.  Only the petitioner's income matters as the beneficiary's income will cease upon immigrating to the US until they are authorized to work via the EAD or GC.  It is the petitioner that completes the I-864 Affidavit of Support form and it is the petitioner that must meet the poverty guidelines as outlined in I-864P.  The purpose of the I-864 form is to prevent the beneficiary from becoming a burden on the US tax payer.  Should the beneficiary receive any means tested benefits from the US government, the petitioner will be responsible for paying the US government back that money until the conditions of the I-864 are met.  Sounds like you are receiving unemployment from the Canadian government--the US government could careless what you receive from your country's government.   Dave Edited by Dave&Roza, 28 November 2013 - 01:11 AM.	Dave&Roza	Male	Kazakhstan	2013-11-28 01:08:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Apply for tourist visa before I-130 get approved	This is exactly the logic my husband used and discussed with an officer in the embassy after my second attempt at a tourist visa was denied. The officer said they viewed my ties are always stronger to my USC husband so I wouldn't return to my country no matter what.   As I said, I am in the minority and it would appear that includes the Embassy people too and we are talking about applying logic here .  I think the problem is that in higher fraud countries, the tourist visa is denied unless the applicant has very, very strong ties to that country, so they just deny all tourist visas.   Having already applied for an immigrant visa takes the ability to apply for a tourist visa, enter the US and then suddenly decided to stay and file for AOS  off the table as being legal.  That cannot happen as the AOS should be denied on the basis of the immigrant using a tourist visa to immigrant to the US.  So the only way someone with a spousal visa can apply for AOS is to file and be approved for the I-130.  USCIS and the Embassies/Consulates should know this.  Problem is that the immigration laws are so complex that no one takes the time to learn and understand them yet they vet out benefits based on this law on a daily basis.  SIGH!!   OP:  It is your money to do with as you see fit.  Having her go thru the Consulate/Embassy process might be beneficial, but do not expect her to have much of an interview for the tourist visa.  The decision will be made before she arrives.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2013-11-30 17:34:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Apply for tourist visa before I-130 get approved	I always seem to be in the minority in these discussions. Yes, they have a pending I-130.  Yes, she has immigration intentions by applying for the I-130.  However, she has a very, very good reason to return to India--the pending I-130 interview.  The CBP will see the pending I-130 and can stamp the passport "NO ADJUSTMENT OF STATUS" which makes it impossible for her to remain in the US and gain any legal status.  She would have to leave the US for the I-130 interview and be approved.  She could come to the US and remain illegally until caught, but by applying for the I-130 she and her husband have shown that they want to do the whole immigration process the correct and legal way.  Having the I-130 interview in India, IMHO, is a very strong reason for her to return.  Hey, it is just money, so go ahead and apply for the tourist visa and see what happens.  Like you say, she will get experience in dealing with people at the Consulate.  Plus a denied tourist visa has no affect one the I-130 application--you just declare the denial on the form you submit for the interview.   Good luck, Dave	Dave&Roza	Male	Kazakhstan	2013-11-29 19:59:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Help! My wife wants to change her name while I130 is pending	My Thai wife and I are I130 CR1 August filers.  She informed me today that she wants to change her first name for good luck.  I told her that this is a bad idea while our I130 application is pending.  I said she should wait until after she gets her visa, but she really wants to change her first name now.  Does anyone on the group have any thoughts on this subject?  Do you know of anyone who has changed their first name while their I130 application is pending?  I would appreciate any of your thoughts or experiences.  Thank you.   I see this as something the two of you need to discuss as a married couple and come to a decision you can both live with.  Since you are in the first stages of the process and waiting for the NOA2, she can do the process of getting her name changed in Thailand PLUS getting the passport changed into the new name and then finish up the process with the Embassy using her new firstname.  That way the visa name will be her new passport name and the GC will be her new name.    Yes, this process is a royal PITA, but if it is something she really wants and she can agree to all the complications this may cause, it is better to do it now rather than trying to change her passport after she arrives in the US.  Would she be willing to go three years with the "wrong" name in her Thai passport--until she can get a US passport after becoming a USC?   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2013-12-03 00:52:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Can my wife leave the USA?	Hi all, My wife and I currently have a CR-1 application pending. We received our receipt on the 7th of August, so the process has now been underway for around 4 months. I (beneficiary - Australian citizen) am currently in the USA visiting my wife on the visa waiver program. I arrived mid October to ensure that I would be here for the birth of our son in November. As I can only stay here for 3 months, my time is almost up and I must return home at the end of December. Naturally, my wife and I would prefer to spend as little time apart as possible. My questions are... If my wife and son were to come to Australia while the application is pending, is there a danger of this hindering the progress in any way? Is there is any reason USCIS would require them to remain in America? Does anyone advise against this visit? If so, why? Any assistance would be greatly appreciated. Thank you in advance.       Your wife is petitioning for YOU to come to the US.  She can travel as she sees fit.  You can come to the US easier than most people doing the spousal visa, but be careful not to abuse being in the US more than out of the US or the CBP may decide to deny you entry. They typically give you a warning on the time before they deny you, but they may not.  Enjoy the fact that the two of you are from countries that allow free travel, otherwise you would have to be apart for the entire process or only when the USC can travel.    I would have a trusted person keep an eye out for mail from the USCIS while your wife is visiting just to catch any RFEs that might happen or any other information the USCIS might want.  To not respond to an RFE will slow things down or cause a denial if the allotted time to reply passes.   Good luck, Dave	Dave&Roza	Male	Kazakhstan	2013-12-03 22:55:00
IR-1 / CR-1 Spouse Visa Process & Procedures	pending i130 but want to apply visitor visa	Hi I just want to know I call to uscis about my I130 for my husband but I am not satisfied they answer so I was thinking if anyone about this like while I have a pending I130 I can apply for visitor visa for him or just keep waiting for to get I130 so fractured about this.please help me if anyone have any information   He applies for a tourist visa like everybody else in his country.  His success rate will be the same or a bit worse than others from his country.  If you are willing to throw away the visa application fee if he is denied, then apply.  You will never know unless you try.  Given the flag of the country he is from, I would say he has about a 1% chance of being approved for a tourist visa.  HE must submit the application and HE must show that HE will return after the visit to the satisfaction of the CO.   Good luck, Dave	Dave&Roza	Male	Kazakhstan	2013-12-03 16:57:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Planning on extending my IR-1 visa	Hi VJ's how are you all doing?   I live in the Phls. An IR-1 visa holder.   I already have my visa it's good for 5 more months and now we are trying to sell some things including our car. Even though we price our car aggressively it is not a cheap car and they don't always sell quickly. If by chance we want to extend our visa how long can we typically get the visa extended without adding additional requirements such as updating the medical or NBI etc?   Thanks and God bless us all :-)   Ask the Embassy if an extension is possible.  You can always wait until just before the visa expires and come to the US and if you still need to sell things go back to the PI to finish up with selling everything.  As a GC holder, your passport will be stamped and that acts like a GC until the actual card arrives in the mail, you can exit the US for less than 6 months without any problems.  More than 6 months and you can run into issues with re-entry.   Good luck, Dave	Dave&Roza	Male	Kazakhstan	2013-12-13 01:04:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Schedule C versus 1099 form	Thanks Dave&Roza.   My problem is that I am the intending immigrant AND ALSO SIMULTANEOUSLY the person that she filed returns for the last three years with.    So that tax transcript has our JOINT income and not just her income.    Is a i-864 A needed in our special scenario.   I cant get the tax transcript to show our respective incomes separately.          The tax return is only one piece of evidence.    You must think like you are in a court of law and have been asked "What is the petitioner's annual income?"  Exhibit A: A joint tax return with the petitioner's annual income plus the beneficiary's.  You will note that this income is above the 125% of the poverty level.   "Okay, fine. Do you have anything to indicate what part of the income will continue when the beneficiary immigrates to the US?"  Exhibit B, Exhibit C, and Exhibit D: Here are copies of the petitioner's W-2(s), pay stubs, and an original letter, on company letterhead signed by an HR representative, from the petitioner's employer.  All show that the petitioner makes well above the 125% of the poverty level. This is the amount entered on form I-864 line X (too lazy to look up the form to see where this is actually entered). Defense rests.   Good luck, Dave	Dave&Roza	Male	Kazakhstan	2013-12-26 23:50:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Schedule C versus 1099 form	All,   Some folks earn income via neither the W2 or the 1099 form method.    They get a Schedule C (Form 1040) instead.   Even in cases where a 1099 is used, sometimes people don't keep copies of it - and in the tax return only Schedule C (Form 1040) shows.   Is it ok to use the AGI from this schedule as opposed to copy of 1099 ?     The rub is that the USCIS wants a COMPLETE tax return and the person at the USCIS will wonder where your W-2s or 1099s are and send you an RFE for them.  Avoid this by getting tax transcripts from the IRS and it will show the USCIS what you sent in and the IRS processed--very hard to forge.  Make copies of these tax transcripts as you will need to send them in again and again and again (not that it is hard or takes long to get them from the  IRS)   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2013-12-25 13:41:00
IR-1 / CR-1 Spouse Visa Process & Procedures	AOS question regarding assets (split topic)	I have a question in reference to the AOS. My husband and i do not have any children and i have a pretty good job. My quesion is this due to our household total (2) i assume will i have to have $60k in assets?   Based on a household size of 2 and sponsoring a spouse you would need 3X the amount of assets to make up for any short fall of your income.  See the I-864P.  You say you have a pretty good job.  Do you earn more than the $19,387? If so, you do not need to include anything about assets.  If you make say $17,000, then you would need ($19,387-$17,000)X3 or $7,161 in assets to get you to the 125% of the poverty level.  Your primary residence and main car cannot be used as they would cause an undue hardship if sold.  You need an income of $19,387 or more OR you need an income plus 3 times assets to be more than $19,387; otherwise you need to find a joint sponsor willing to take on the responsibility of the I-86 form.  I did not list any assets as my income was well above the 125% of the poverty level.  If you did in fact have $60K worth of assets, you would need no income and still make the 125% of the poverty level. Good luck, Dave	Dave&Roza	Male	Kazakhstan	2013-12-30 12:39:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Travel out of US? This is probably on here already but I can't find it easily!	Hi!   Sorry if this is a repeated question (still new to this site!) but I was wondering if there were any restrictions on the US citizen traveling while filing for any form of spousal visa. My fiance is currently banned from the US so I would want to possibly (depending on time off) vist him in the months of this process.      Thank you!   Li   The only restrictions are those imposed by the foreign government that apply to all USC like the requirement of obtaining a tourist visa or paying a tourist fee. Having a US passport does grant you the opportunity to travel to approximately 172 countries without having to obtain a tourist visa.   Have a safe trip,   Dave	Dave&Roza	Male	Kazakhstan	2014-01-08 12:36:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Possible Trouble?	Then why would let they let him back in twice since then? Without even having a visa the first time in 2012?   If you have ever had to deal with federal agencies like the USCIS or FAA you would understand why this can happen.  Federal agencies work at the speed of a glacier.  They will discover this at some point during your process.  If he was not interested in marrying someone from the US and immigrating to the US then I bet this would never come up, however; since he is going to apply for a visa to come to the US, he will be under more scrutiny.  Plus he will need to list trips to the US and it will come out at that time.  Should he decide to not mention his overstay, he will be charged with misrepresentation and receive a lifetime ban from ever being allowed into the US.  So one way or another, this overstay will come to light.   I would start the process by completing the waiver and admit the overstay upfront.  IMHO, it is better for him to admit his mistake than to have the USCIS discover it as they will use a much bigger shovel in going over his past if they bring it to light than if he does.   Good luck, Dave	Dave&Roza	Male	Kazakhstan	2014-01-13 11:40:00
IR-1 / CR-1 Spouse Visa Process & Procedures	what year's tax returns to send (split topic)	can you please explain the ineligibility for the EZ  LIKE WHAT  so that we can prepare    Read this as it asked three questions.  IF you answer "Yes" to all three then you can file the EZ form, otherwise you have to file the I-864 form.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-01-19 14:32:00
IR-1 / CR-1 Spouse Visa Process & Procedures	2013 tax transcript?	hey guys, quick question starting from which point of the year will the 2013 tax transcript be required for the interview? im assuming my interview will be feb or march. will i need it? how does it work? thanx   They expect to see a tax transcript for the most recent tax return after April 15th unless you show them that you filed for an extension.  For me, I would provide the 2013 if I have filed and the IRS has processed the tax return and a 2013 tax transcript is available.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-01-24 09:53:00
IR-1 / CR-1 Spouse Visa Process & Procedures	SHOULD I WORRY OR AM I JUST NERVOUS?	so i met my husband because of my bestfriend just so happens my bestfriend is my husbands cousin will the embassy see this as something bad like a set up or something i mean we love eachother and we have a son together im just worried this will affect us because we got married only 9 months after meeting eachother but i was pregnant only 6 month after meeting him yes i know is quick but we just knew their wouldnt be anyone else for us   Let's see if this is a correct interpretation of the events.  Your best friend is your husband's cousin.  You meet him, fell in love and got pregnant after only knowing him for 6 months.  Then you got married 3 months after becoming pregnant or after only knowing him for a total of 9 months.  Will this cause a problem with your spousal visa?    Hard to say without more information about what evidence you have regarding your relationship.  A child is only proof that you had sex, not that the relationship is bona fide.  The short time of knowing your husband is not the problem, but it does cause other problems like lack of evidence that you are trying to combine your lives while living in different countries.  That is what the USCIS will be looking at carefully.  Is your relationship legitimate?  If you can show that then you have nothing to worry about.    Good luck,   Dave Edited by Dave&Roza, 28 January 2014 - 11:48 AM.	Dave&Roza	Male	Kazakhstan	2014-01-28 11:42:00
IR-1 / CR-1 Spouse Visa Process & Procedures	IR1 form I-864 ... can only assets be used if no job?	Hi, a quick question,   I have read that when completing form I-864 that assets can be used if income does not meet the minimum requirements. With that in mind, can I assume that if there is zero income but the sponsor (my wife) has assets equal to or greater than 3 times 125% of HHS Poverty Guidelines or if the beneficiary (myself) have 5 times 125% of HHS Poverty Guidelines that we'll qualify? Thanks for your responses.   Nick   It can be done, but the assets must be readily convertible into cash--i.e. within one year--and not cause an undue hardship if sold.  They must have an official appraisal done.  The primary residence is not allowed as it would cause an undue hardship if sold.  The magic number for a household size of 2 is approximately $60k in assets with no income.  Since you are married, why wouldn't you just include your wife on your assets?  This would help in the next phase of removing of conditions (ROC) as well.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-01-31 12:11:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Tax return transcript necessary for Affidavit of Support?	Should we be getting Return Transcripts or Account Transcripts?   Return transcripts.   Dave	Dave&Roza	Male	Kazakhstan	2014-02-01 22:35:00
IR-1 / CR-1 Spouse Visa Process & Procedures	I-130 denied due to stupid USCIS office mistake	the soonest date at the local office is  Feb 26th....that's cutting it waaaaay too close, don't you think? I am terrified this is going to go terribly wrong ...I'm crying daily about this already.     Cutting it close is better than missing the deadline.  Go to that appointment armed with all documentation.  If you can remember details of the phone calls or if you happen to have notes take those along as well.  One thing my Mother taught me was to sit down, write the date and time on the top of a notebook and when the person answers you write down their name.  If transferred you write down that person's name and the time of the transfer and the time when they pick up the phone.  You make notes of your questions and the answers given.  That way you have a detailed record to show someone at a later date.  It is all about documentation throughout this entire process.  You never rely on the person on the phone doing anything for you.  Always send in a piece of paper. Granted that piece of paper has to get put with your file, but if you can show that on such and such date I mailed this to you (show a copy you made and the receipt showing delivery) you have a much stronger case.   You failed to send in the requested document asked for in the RFE. By the USCIS' rules that implies that you abandoned the petition.  Now you have to fight to get the petition re-opened or start all over again.  So I would go to the infopass appointment with what they asked for in the RFE and more and see what happens.   I hope it all goes well for you,   Dave	Dave&Roza	Male	Kazakhstan	2014-02-13 15:54:00
IR-1 / CR-1 Spouse Visa Process & Procedures	What's the point of sending in previous tax transcripts?	Thanks, where could I find such information? On the travel.state.gov site?   You might want to try this link here on VJ for information about the Embassy in Brazil.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-02-13 10:37:00
IR-1 / CR-1 Spouse Visa Process & Procedures	What if the Us spouse live with u while processing ???!!! enter	I would count myself as lucky as your spouse gets to live with you AND maintain an income from a US source.  As stated above, as long as her household size is such that she can support herself, you, and any dependents on that $30,000 and remain above the 125% of the poverty level she can file the I-864 without the need of a co-sponsor.  Just have her maintain a residence in the US--i.e. like her parent's house--and enjoy having her with you during this process.   Good luck, Dave   P. S.   And now you are offline--SIGH!!	Dave&Roza	Male	Kazakhstan	2014-03-03 17:36:00
IR-1 / CR-1 Spouse Visa Process & Procedures	is it TIO LATE ammending name on the CR1/ using MARRIED name	Maiden name. I am planning on getting my passport renewed using my married name and submit it to NVC. I am just worried it might cause delays in processing.     I have a similar issue and want to change my passport BEFORE the interview but am worried it will affect the process....     I guess the question you both have to ask your selves is, "Which is more important to me?  Having my married name on my legal documents in the US or a quick uninterrupted process?"  If the time required to get a new passport is not that long or the interview date is a long way out, then getting a new passport will not affect the processing time.  However, if the passport processing time extends beyond the interview date, you will delay the issuing of your visa until you get your new passport.  Up to you to decide which is more important to you--name verses processing time.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-03-13 13:06:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Is there a way for my husband to immigrate quicker if my mother has severe kidney failure?	Hello, I really to hate this question but I must face the truth in this tough situation. Last year my mother had special tests done on her kidneys and a total of 7% was working for her kidney functions. After an emergency visit to the hospital last night for complications, they ran another test on my mother's kidneys and now she only has a total of 3% kidney functions. She's currently on dialysis 4 hours per day on the average of 3 to 4 times per week. Both my husband and my mother have a desire to meet in person. Now with the news of my mother's health, is there a way that my husband can immigrate quicker without jeopardizing our I-130 application? Please help and any advice is greatly appreciated. Thank you! US CITIZEN EGYPTIAN HUSBAND FILED FOR I-130 JULY 24TH, 2013 CASE STATUS: INITIAL REVIEW     Try for a tourist visa to the US.  If denied and your Mother can travel by car, have him try for a tourist visa to Mexico or Canada.  Those might be easier for him to get.  It depends on your Mother's health and if she has a passport to travel to Mexico or Canada.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2013-12-29 15:40:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Green card expiration date !	Hi everybody, i have read somewhere yesterday somebody  asking the same question not sure where can i find the question and the answers. i have received last friday my CR1 permanent resident card , with the following information: surname, given name , .... resident since : the 07th february 2014 wich is my port of entry date , and the expiration date: 07 february 2016  my question is : wich expiration green card date is correct? 07 february 2016 as expiration date on my green card , or 06th february 2016 on my admission passport stamp? do you think i need to contact USCIS, because the dates are not the same?  it seems like there is just day or 2 off , not sure if i should worry or not  help me please ' Your assistance in this matter is very much appreciated     The GC expires on the date it is issued.  Your POE date is not relevant.  In this case the CBP may not have changed the stamp.  My guess is that your file was processed the next day.  I would not worry about it.  Both the resident since and the expirationdate are the same, only the stamp in you passport is different and who will see that?   Dave	Dave&Roza	Male	Kazakhstan	2014-03-18 15:33:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Can my foreign wife get a U.S. visa with me having no job & no joint sponsor if I have $82,000. in bank account	All Consulates are REQUIRED to accept a "joint sponsor" for an immigrant visa case.  No consulate is required to accept any sponsor in addition to or instead of the petitioner in a K1/fiancee/non-immigrant visa case.  NVC blesses nothing in this regard.  It's simply the law.     Thanks for the information, I appreciate it.   Dave	Dave&Roza	Male	Kazakhstan	2014-03-30 17:19:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Can my foreign wife get a U.S. visa with me having no job & no joint sponsor if I have $82,000. in bank account	I-130 is adjudicated in US but the the IR-1/CR-1 visa still has to go through the US consulate in Manila, where the CO will determine if the Affidavit of Support is adequate or not.     Then why do so many people recommend that if the K-1 visa is denied in the PI they apply for a spousal visa especially if the USC is very close to the poverty guidelines and needs a co-sponsor?  It has been suggested that the PI is reluctant to accept a co-sponsor for the K-1.  Do they just accept a co-sponsor for the spousal visa or is it because the NVC has blessed the application and they feel they can point the finger to NVC and just approve the spousal visa?  Just trying to understand the situation of the OP's Embassy in Manila.   Dave	Dave&Roza	Male	Kazakhstan	2014-03-30 17:15:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Can my foreign wife get a U.S. visa with me having no job & no joint sponsor if I have $82,000. in bank account	As I see it, the OP is applying for the IR-1/CR-1 visa so the AOS will be adjudicated here in the US and not in Manila where they are notorious for not accepting joint sponsors for the K-1 visa.  The rules are that the sponsor must meet 125% of the poverty guidelines and can do that with income or with income and/or assets to make up the shortfall.  All assets requires the sponsor to have $60K in assets that are readily convertible into cash within a year and does not place an undue hardship if the asset is sold.  Plus the asset has to be properly appraised and documented.  What better asset than cash?  Having cash in the bank meets all the requirements for its use as an asset.  For sponsoring a spouse only the requirement is 3X the poverty level or about $60K.  The OP has $82K in the bank.   Therefore he meets the USCIS requirements.  IMHO, he is in a better position than some one who has a job and making $20,000 per year especially if the OP can show that the cash has been in his account for a couple of years.   I would try using the cash and see what happens.  You can put feelers out to see if anybody might be willing to step-up and help you out if need be, but based on the I-864 form you qualify with just the cash.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-03-30 16:18:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Question about fee for i864	I know the fee is around $88 to file, but my question is if i have a joint sponsor to help me out, does my joint sponsor need to pay $88 dollars as well?   The $88 filing fee is if you are filing within the US and to the Department of State only.  If you are filing for AOS to the USCIS then there is no filing fee.  The NVC will send you a bill and you will have to pay the $88 and this fee is a PER CASE basis.  So only a single fee of $88 needs to be paid.  I am assuming you have filed for the I-130 and the AOS will be submitted to the NVC and thus you will need to pay the $88 fee.  It will help in getting the correct information in the future.   Good luck, Dave	Dave&Roza	Male	Kazakhstan	2014-04-14 10:12:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Change of address online-- no old zip code or state, what do I do?	We're settled in Buenos Aires for the time being, so the time has come to change the address associated with out case. To avoid future drama/mail delays/losses/address changes, I'm changing it to my parents' address in the U.S.; I have previously been told on the forum that this is fine even though we are both still abroad.    Well, in the space on the online form where you have to put your old address, they just assume it's an American address because they ask for the zip code, and in another section the zip code used when filed. Colombia doesn't have zip codes. Should I just put 00000? It doesn't let me submit without putting anything, and putting "-----" doesn't work but "00000" seems to. It also wants a state and, um, duh, the old address was in Colombia so there is no state I can select from the list of American states.    Thanks in advance. Filing from abroad blows; it's like we don't exist or something...     Actually you do not exist for the change of address form.  It is for immigrant aliens that are living in the US.  You still have a pending I-130 and your spouse does not have a visa yet, so there is no requirement to notify the USCIS of an address change via the AR-11 form.  The AR-11 is the form you must submit within 10 days of changing address if you are a LPR.  The I-865 is used by the USC sponsor to report a change of address with the I-864 is enforceable and the USC has 30 days to file that form.  Both are required after becoming a LPR so that is why they are assuming you live IN the US.   You just want to inform them of your current address so you get all correspondences from them.  Call them up and ask for a tier two human™ and get your address updated to your parent's in the US for the I-130.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-04-16 09:53:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Question regarding address change of beneficiary (split topic)	Hi,   I have a question regarding the change of address for the beneficiary.    I am the petitioner and I live in the U.S. I have a permanent address on file with USCIS. My husband lives in Mexico and he recently had to move. If I want to change his address (only) with USCIS, I have to call them and change over the phone? There's no online form for changing address abroad right?   My U.S. address will remain the same until the petition is approved. Thank you in advance!!    There is no requirement to inform the USCIS of an address change until the beneficiary is in the US.  Most of the process for the beneficiary is handled by e-mail, but it is handled by the Consulate/Embassy of the country where the interview will be held.  Until you have an approved petition, there is no case number at the Consulate.  You can try to inform the USCIS of the new address, but it may or may not get into your file.  If you do call the USCIS ask to a Tier 2 Human™ as they are the only ones that can help.  You might just want to wait until the petition is approved and sent off to the Embassy/Consulate and you get the case number and can e-mail the Consulate/Embassy.  You might want to look here on VJ to see how Mexico deliveries the package that needs to be prepared for the interview.  For us it was all done via e-mail.    Good luck, Dave	Dave&Roza	Male	Kazakhstan	2014-04-23 23:22:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Maiden name in docs vs married name in passport (split)	Guys plz advice me ....After filing my I-130 petitiion I hd got new passport with my spose name As PRIYAL AMIT TRIVEDI ( her name + my name + surname after marriage ). But I want to ask that my wife ( petitioner ) has all the docs with her maiden name " DESAI PRIYAL NAIMESHKUMAR ". In submission of DS-260 I hv to send new passport copy .Is it create prb with these two names??     The name on your passport will also be the name on the visa you receive and then the GC once in the US.  As long as you have a Marriage Certificate that shows the two of you are married there is no reason her name will matter.  The only possible problems you may encounter is at removal of conditions (ROC), but as long as all proof is in her new name, I do not see a real problem.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-05-10 13:09:00
IR-1 / CR-1 Spouse Visa Process & Procedures	do I need to send W-2's if a send IRS transcripts with AOs package to NVC?	Hello: I'm ready to send my AOS application for my husband and need to know if I need to send W-2's if I'm sending IRS transcripts instead of my tax returns? thanks!   This is an either or situation.  Either you send in a complete tax return with all forms and documentation--including the W-2s--OR you send in an IRS tax transcript which in and of itself is a complete tax return.  The tax transcript is the preferred method as it shows the USCIS what you actually submitted to the IRS.  It is hard to fake and also requires no additional documents to be sent in.    Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-05-13 09:52:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Have literally 0 income	Ok, a little background. I am a US citizen, but I got married at 16 to a Pakistani and have lived there since. But my mother recently passed away and now my father is left alone and wants me to live there. I want to, but I would like to bring my husband over on a spouse immigrant visa so that I wouldn't have to travel back and forth constantly with our 2 small children. But since I got married young I've never had a job. If I use my father as a joint sponsor, would  they approve a visa? even though I have no tax forms, no bank account, no net value. Or is it impossible? :-( Any help would be greatly appreciated, I really need help figuring this out.   As long as your father can show that he meets the poverty guidelines for his family size which includes himself and your husband and you can show proof to the USCIS as to why you were not required to file an income tax return--i.e. no income and a spouse that is a non-resident.  Just remember that as a USC your are required to FILE a US tax return based on all world-wide income. Whether you have to pay taxes is another matter, but the USCIS expects you to have filed a tax return or show using the IRS tax laws why you do not need to file--this is typically under the "Who must file a tax return" section on the IRS website.   If your father makes over $30K per year he can be a joint sponsor if you meet all the qualifications.  If not, than he can be a co-sponsor.  Look over the I-864 form for the differences.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-05-20 15:32:00
IR-1 / CR-1 Spouse Visa Process & Procedures	i-864 income tax docs when not employed or self-employed	Hello,   My in-laws live off income from assests and investsments, so they claim that on their taxes (jointly). They tell me they only have a schedule B.    I am wondering if anyone knows what else they are to provide in terms of tax documents. Are there other forms that I don't know about and isn't obvious? Like a 1099 form?    I have no idea about US taxation sorry. I'm completing i-864, spousal AOS and my petitioner does not make enough now, his parents will be joint sponsors and their income is not so straight forward to me.   If anyone has an idea, be great to hear comments. Thought I'd give it a try or maybe someone can help me to ask more questions. because I do not know what to ask cause not sure what I need in this situation.      Thank you so much.   L   You have them order tax transcripts from the IRS as that is a record of what they filed and is in-of-itself a complete tax return.  To try to include all the required forms and attachments is this situation risks the USCIS issuing an RFE because they feel the tax return is not complete.  Also, tax transcripts are what was actually filed and thus are no easy to forge.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-06-03 21:52:00
IR-1 / CR-1 Spouse Visa Process & Procedures	What happens when USCIS losses your documents	Because my petition got approved and was supposedly sent to NVC. And now after almost 3 months NVC still claims that they did not received it, and uscis is telling me they sent it and that I need to wait, as it takes 90 days sometimes (they usual bs). It looks to me that my documents somehow got lost in transit.    So what happens if thats the case?      It might be time to get some others involved. Make an INFOpass appointment with the USCIS.  Try to get ahold of a higher up at the NVC.  Contact your congresscritters.  If the file is lost, you make a copy of the copy you have and sent it in when they ask for it.  You might try with seeing if you can get the USCIS to confirm they sent it and that it did not fall behind a desk somewhere.  The see if the NVC actually received it and it is not behind a desk there.  Once it is determine to be found or lost, you can get back in line and begin waiting again, but you really need to bug them until this is resolved.  Become a PITA and just tell them that 90 days is not a reasonable time frame--how would they like to have their lives put on hold for 3 to 4 months because of a lost file?!!   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-06-06 23:52:00
IR-1 / CR-1 Spouse Visa Process & Procedures	US citizen who living aborad	She needs to fill in the form with her current address where ever that might be.  Now, if the benefit she is seeking requires the USC to be LIVING in the US than she will need to move back to the US and establish a residence in the US and then complete the form with her then current address.  Always complete any form for the USCIS with the information that is current as of the date you sign it.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-06-08 13:39:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Is 20yrs age difference is problem for spouse visa	Hello Danell, Thanks. Actualy I and my Husband does not know much about imigration visa. Our case handle our agent. Wo do so which which our directed us. I read hear in vj that proofs of bonafide marriage we can show in interview. Thank You.   You can do that, but the IO may have already made up his or her mind and then giving him a whole bunch of evidence will cause the IO to have to defer a decision until the evidence is examined.  This is not a problem if the IO is going to approve your case, but it will cause a delay if the initial evidence does not prove a bona fide relationship to the IO's satisfaction.  You have a large age difference which may or may not be a problem depending on the evidence you have already supplied and the IO's determination of your relationship based on that evidence--only the IO's opinion matters in this case and I have not been thru the Embassy in India so I have no idea, but I just want you to have as much evidence as possible to avoid delays in this process.   You might want to see about using a difference method of contracting each other that has the ability to record date, time and duration.  Like someone else mentioned, maybe your husband can get the incoming calls from you off of his phone records and any calls he makes to you too.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-06-16 12:07:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Is 20yrs age difference is problem for spouse visa	Hello vj friends, I am afraid because we have a 20 yrs diff between me and my spouse. Is age difference is big problem. This is our second marriage. I was widow for last 6yrs and my husband had divorced for last one year when we were married. I have also a one child from my previous marriage who will also imigrate with me. Proof of rekationships: No enough but we have joint bank account, Husband name on my passport, lot of money recipts. We know each other one year ago before marriage on phone. we met first time jan 01,2013 and we get married on jan 27,2013.He lived in india with me as same address. We talk with each other two time on phone. But i have a cash card so no billing proof. We have photos of marriage together. Also some photos after marriage. My husband is 20yrs elder than me. This is my story. So what u think friends. I am waiting for case complete. Oh yes some times we write a letter for each other. enough proof? Thank you.   You say you knew each other for one year before getting married but the dates indicate two weeks, so I will assume you met January 2013 and got married January 2014.  That makes your case stronger than if you met January 2013 and got married in 2013 IMHO.  With a 20 year age difference, expect to show the IO more in the way of bona fide marriage evidence.  The IO may have it in their mind that you are a young Indian woman trying to come to the US and you found a lonely much older American man who is willing to marry you.   I would say if you have joint financials like checking, saving, credit cards, investments, etc, and are listed as beneficiary on life insurance policies, maybe wills and other items of two people combining their lives then you will be okay.  IMHO, you will have more scrutiny with your current evidence as it is very superficial except for the time he spend with you in India.  It is all about evidence.  You might want to find a way to show that you talk to each other and how frequently.  It is all about the evidence.  If you cannot prove it with evidence then it does not exist in the eyes of the USCIS.    Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-06-14 13:13:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Should I change my passport to my married name or not?	Is it possible to change the GC to married name at ROC without changing to the married name on passport? Taiwan does not allow changing the name on a passport to married name so our understanding was that the first opportunity my spouse will have is at time of Naturalization.  True?   At ROC you just put the name you want for the GC and attach the legal document you are using to change the name--i.e. Marriage Certificate.  Then the GC will arrive in your married name.  Just remember that when traveling the name on the ticket must match the name on the government issued ID so for international travel that is your passport.  You use the GC to gain re-entry to the US.  You may want to carrying a copy of your Marriage Certificate to help the airline employees make the connection that you are the same person.   Dave	Dave&Roza	Male	Kazakhstan	2014-06-27 13:53:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Should I change my passport to my married name or not?	I am confused right now, I am not sure if I should change my passport to my married name that will take 6 to 8 weeks and right now I am on the NVC stage waiting to the ds261 and AOS to be available. I am the beneficiary. If I change my passport my B1/B2 is on my maiden name.    As has been stated in this thread http://www.visajourn...e/#entry7045781 the CR-1/IR-1 VISA will be in the name on our passport and the GC will be issued in the name the USCIS used to issue the visa.  You can then change your name at the ROC stage by filling in the form with your married name and use the marriage certificate, but you will have to wait for 2 years.  You can also pay to change your GC, but that takes time and money to file the I-90.  I would either find a way to change the passport now--is there a company that you can use that will go to DC for you if you pay them?--I have to now either go in person or use a visa company to get a visa to go to Kazakhstan; you can no longer mail it to the Embassy in DC; or just wait for two years and then change your name.   Once you get the CR-1/IR-1 visa and then enter the US and receive a GC there is no real need for the B1/B2 visa anymore so it does not matter what name it is in.   Good luck,   Dave Edited by Dave&Roza, 23 June 2014 - 10:17 AM.	Dave&Roza	Male	Kazakhstan	2014-06-23 10:15:00