Forum	Title	Content	Member	Sex	Country	Date/Time
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
IR-1 / CR-1 Spouse Visa Process & Procedures	AOS (I-864) Question re Poverty Level	Is $19,662 the minimum I have to make per year to be at or above the 125% poverty level? Or do I need to multiply $19,662 by 125% and make $44,239.50 or more per year to be able to sponsor my spouse on my own without a co-sponsor?       19662 * 1.25 is 24557.5.  To get the 44239.50 you multiplied the 19662 by 2.25.  If you will notice there is a column that is 100% of the HHS poverty level which is $15,730 and the second column is labeled 125% of HHS poverty guidelines and is $19,662.  So 19662 is 15730 * 1.25.   Dave	Dave&Roza	Male	Kazakhstan	2014-07-08 14:24:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Tax extension RFE????	I am filling out my I-864 and I am stressed. I make enough money to support my wife and step daughter. I filed an extension for the year 2013 for my taxes. I have an e mail from TurboTax as a confirmation. I plan to send the email confirmation, my W2 for 2013 as well as my tax transcripts from 2012, 2011, 2010 along with a letter from my employer and 2 recent pay stubs.    I am just afraid of getting an RFE asking me for my tax return. I had an RFE earlier to prove that i had a bonafide relationship and I am at the edge of my patience.    Is this fairly common to get an RFE for tax extension? I will be filing my taxes this week. But it will take a few weeks for the transcripts to come through and i do not want to wait.    What should I do? Please guide.    Given that you filed for an extension, my bet is your taxes are a bit more complicated than the average person here on VJ.  The USCIS wants a COMPELTE tax return which is more than the 1040 and W-2s like most people here suggest.  In your situation, I would send in the extension proof.  That gives you until October 15th to FILE your taxes.  Once you do file your taxes, get a tax transcript for future dealing with the USICS (AOS, ROC, Naturalization), but I would not hurry just because of the pending petition as you are complying with the IRS rules.   I agree with you that the USCIS and the Embassy should be making sure the USC 1) is following the laws of the US by filing a tax return if so required, and 2) has sufficient means to financially support the foreign spouse and other family members if applicable.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-07-09 08:46:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Change of address question	Hehe, apparently that was too good of a question because nobody answered.   I decided to follow the advice of the USCIS "customs officer" that I spoke with on the telephone. I sent a registered letter to the street address in Lincoln that she gave me with all the relevant information. When I get the proof of receipt back, I'll log into my USCIS account and see what it says. When that happens (if not tomorrow it should be early next week), I'll post back here so at least others in our situation will have some point of reference.   The change of address, AR-11, is for when the foreign spouse becomes a LPR and receive their GC.  They then have 10 days to notify the USCIS of an address change and can do so on-line.  If there is a pending petition or application, they must also complete on additional step.  Any USC sponsor must file for a change of address using the I-865 form within 30 days as long as the I-864 is enforceable.  You situation does not include either of these.  You do not have to inform the USCIS of your new address, but you may want to so that you can receive the NOA2.  The USPS will not forward anything from the USCIS.  As long as you have e-notification, you will receive a text and/or e-mail telling you the item was returned.  You can then call the USCIS and get a Tier Two Human™ (that's not the first person you talk to as you found out when you called the first time) you can request to have it resent.  However, the person whose name is on the letter is the one that must be on the phone or at least talk to the Tier Two Human™ to give permission for someone else to act as their representative.   I hope the letter you sent works, but that would then only be for NSC.   Good luck,   Dave Edited by Dave&Roza, 27 June 2014 - 01:10 PM.	Dave&Roza	Male	Kazakhstan	2014-06-27 13:07:00
IR-1 / CR-1 Spouse Visa Process & Procedures	I 864 form question expiration date question	I 864 form is valid until 03/31/2015 If my interview is in January 2015 can I still bring the old one or  the new one with a new date and a new signature?If I get a letter from NVC requesting new form at the interview also do I need to bring to the interview taxes from my husband and joint sponsor for 2014?or is 2013 enough as I already have that? the police check here in my country are valid for 6 months?Would I need to get that too?       The expiration date you are talking about is governed by the office of budget and management (OMB) which deals with official government documents.  They have a procedure for submitting and updating documents used by the US government.   It is up to the agency that uses these documents to determine what they accept.  If you goto the USCIS website and look at the current valid documents, there is usually a list of other acceptable document versions accepted.  There are a few where they accept only the current version.  As long as the version has not expired, it is the current version and usually accepted.  Older versions may be accepted.  It is best to go to the USCIS website and see which versions are accepted or to get the most recent version of all forms during this process.  I know only the current version of the I-864 is being accepted.  As long as the date of your interview is beyond the date on the form, you will be fine.  If the date on the form has past, you will need to verify that the USCIS or NVC will accept the older version assuming that the USCIS has submitted a new form to the OMB.  Some government agencies use forms that long ago expired because they do not want to go thru the process with the OMB to update a form that has not changed, but it i expired.   You should be fine using the 03/31/2015 form up to the end of next March and maybe even long afterward--check the website to be sure.  For taxes, you need the current year.  IF your interview is before April 15th, they will expect 2013 as the current year.  If after April 15, you will need the 2014 taxes or proof you filed for an extension.   Dave Edited by Dave&Roza, 20 July 2014 - 03:18 PM.	Dave&Roza	Male	Kazakhstan	2014-07-20 15:17:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Tuorist visa possible before starting immigrant visa for wife?	Having gone thru this with the Almaty Consulate in Kazakhstan with both approvals and denials for the same person with the same evidence, I will say that your wife needs to include all evidence of her ties to Argentina with the visa application.  The interview is to tell you that you are approved or denied, not to show more evidence.  I have read too many times here on VJ where the visa applicant took a large amount of evidence to the interview only to not be given an opportunity to give it to the IO and was denied.   I would concentrate on her exams in December as proof that she will return.  Having a USC spouse will be a strike (or maybe even two) against her as the IO will assume she will use the tourist visa to come to the US and then you will file for adjustment of status (AOS) once she is in the US.  The only cost is if denied you are out the visa fee of what $160?  You will also have to put that denial down on the spousal visa form, but that will not cause any problems.  If you can afford the money, try as you will never know until you do.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-07-28 08:43:00
IR-1 / CR-1 Spouse Visa Process & Procedures	do you need to be employed to file for your husband?	do you need to be employed to file IR-1/CR-1 for your husband?.. i just got married about a month ago and i wanted to start the process for my husband but i was wondering if that was an issue?.. i just got laid off from my job.   You need to find someone willing to sponsor your husband that makes over 125% of the poverty guidelines for their family size plus your husband or you need 3 times the 125% of the poverty level for a family of 2--you and your husband--in assets that are readily convertible to cash (primary home and car are not allowed) or you need to find a job before the interview to show current income sufficient to meet the 125% above the poverty level.  The income is reported on the I-864, so that is when you need to show income, assets or joint sponsor.   Good luck,   Dave	Dave&Roza	Male	Kazakhstan	2014-07-31 16:49:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Husband's First POE Traveling Solo	Unless you have a really long layover, there's no real point; while you could walk over to A terminal, you won't be able to see the customs area or the international arrival waiting area (outside of security). So what you'll learn is: A terminal is an obnoxious walk to get to, and it really bites when they change your gate at 6:25am for a 6:50 departure. That's about it, though.   Have you thought about picking up a prepaid cell phone and mailing it to him overnight, so you guys have a way to talk should you get separated?   She is travelling back from the DR thru Philly to Pittsburgh, so she will go thru the same process as her husband will.   OP:  He will be fine.  My MIL spoke no English and she managed when coming from Almaty and Russian or Kazakh is not a common foreign language spoken in the US. Just make certain he completes the customs form and has the brown envelope readily available to hand over to the CBP person with the customs form--it would be a good idea for him to have a pen on him for the customs form.  When you go thru Philly check to see how to exit and where you will meet him.  At least he will not have to worry about a connecting flight. Good luck, Dave	Dave&Roza	Male	Kazakhstan	2014-07-31 22:53:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Port of Entry in Another State Question	I like your plan as it eliminates the need to catch another flight and have to worry about getting thru passport control and customs in time to catch the next flight.  POE is by definition the first place where you enter the US and go thru passport control and customs.  Some places that is actually in a foreign country--most Canadian flights and Ireland.  Once in the US he can travel freely.  Also, you can use a RT ticket, just be sure to cancel the return leg so the airlines don't sell the seat and forget to take him off the manifest.   Congratulation on getting to this point in your journey,   Dave	Dave&Roza	Male	Kazakhstan	2014-07-29 15:03:00
IR-1 / CR-1 Spouse Visa Process & Procedures	My situation is weird, please someone HELP ! Question about POE and IR1	Oh I didn't know they would keep my passport ! does anybody know how long it takes to have it back ? is it through regular mail ? Does it come with the visa ? And also, any tips on where to ask to postpone my interview then ?? I can't spend another 6 months without seeing my husband when he'll leave again for afghanistan. I HAVE TO be with him in september.    Call or e-mail the Embassy in Paris and reschedule the interview to a later date.  That way you can be with your husband and then decide when you want to enter the US.  All Embassies are different, but my wife was able to pick up her visa the next day, but it ended up being two days later as they had problems with the visa printer.   Good luck,   Dave Edited by Dave&Roza, 30 July 2014 - 04:41 PM.	Dave&Roza	Male	Kazakhstan	2014-07-30 16:40:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Quick question(s) about g-325	When filling out the form it states to fill in ALL BLANKS and if the box is "not applicable" write "N/A" and if it is "none" write "NONE. It is recommened to type or print all information in capital letters. 1) For SIN do I leave it blank or write in 'none' as I do not have a U.S. SIN number. I have looked at the example form but when I type in 'none' i get an error stating my entry needs to be numerical. type in "NONE" never had that problem, but then I have Acrobat Pro at work and can do a lot of things with pdfs that most people cannot do. If it continues to give you problems then left it blank. Another option is to enter all zeroes. 2)For Applican't last residence outside us for more than one year, I listg current address (where I have lived for 15 years) and list the applicaiton month in the last set of boxes Correct 3) Does it matter if I typed it in all caps? all caps recommended 4) My native language is clearly in roman alphabet so do I type "n/a| or leave that space blank I would type in "N/A" 5) I am not previously married so do I need to only write "none" in the first box, or all the boxes? type in "NONE" ion the first box and then you can leave the rest blank (an acception to the rule) 6) For the I-130 we are applying for permanent resident, correct? correct 7) For file number and alien reistration number, both which have a bold 'A' beside them, I leave blank? Unless you already have the A number then treat it like the SSN and type in "NONE" Good luck, Dave Edited by Dave&Roza, 23 January 2012 - 05:20 PM.	Dave&Roza	Male	Kazakhstan	2012-01-23 17:20:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Affidavit of Support QUESTION	Hi All- Just a few questions on this as I'm preparing all of our information for our Affidavit of Support. I began my current job in October, and I make well over the 125%. However before this, I was not working for almost a year, as I was traveling/visiting Canada with my husband for a few months after my graduation from University. Because i currently make enough, I will not need a co-sponsor correct? Thanks everyone! No co-sponsor required as long as you can provide recent pay stubs to show income above the limit, a letter from you current employer stating date of hire, salary, job status (full time, part-time, permenant or contract employee, etc) you are good to go. It is current income not last year's or two years ago. The only reason to show several years is to show a stable earning history. If you are just starting out then your earning history is limited, but the USCIS will look at current income. Good luck, Dave	Dave&Roza	Male	Kazakhstan	2012-02-24 11:53:00
IR-1 / CR-1 Spouse Visa Process & Procedures	I-864 income level	Hi, I am still waiting for the NOA2 but wanted to ask something regarding the I-864 so I can know what to do once I get to that stage. This is something that has been bothering me for quite some time because I do not know what the answer is, and since I cannot speak with someone at NVC (very difficult to talk to a human) I thought the great community here might know. So, I started working at my current job around the summer, June to be exact, and since it was only half a year, my taxes will show less than the 125% that is needed for a family of 2 per USCIS poverty guidelines. Once I add the extra income that I made from other side jobs, it will push it to a little over $21,000 for the year 2011. Since this is $3,000 more than the guideline, do I need a co-sponsor? will the visa get denied due to the income being so close to the minimum level? If I explain to them that if I worked for a full tax year, my salary would have been higher, will that help? Thanks to everyone in advance for any advice and suggestions. The deny you if you are below the level. If you can show that your current income is above the 125% of the poverty level for a family of two--$18,387--then you do not need a co-sponsor. So you need to show recent paystubs with your payrate and a YTD amount along with a letter from your current employer stating your position, hire date, status, and yearly income. As long as all that is above the limit you are good to go. Good luck, Dave	Dave&Roza	Male	Kazakhstan	2012-02-23 23:42:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Upcoming Change of Address	Hello All, I was just notified that our petition was approved yesterday (2/27) However my address will change in the next 10 days. Do I need to fill out anything for NVC or USCIS? Thanks Just as a reminder, you have to notify the USCIS of any address change of the LPR using the AR-11 form within 10 days AND once you file the i-864 for AOS the USC must notify the USCIS of change of address within 10 days using the I-865 form. Dave	Dave&Roza	Male	Kazakhstan	2012-02-28 10:20:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Last address outside the United States of more than 1 year	Allow me to add, prior to the previous year (March 2012 - March 2011), I was in the USA for 3 months, and prior to those three months, I spent three months in Portugal, and prior to that, 1 year in the UK. So again, I am not sure if the form is asking for the last address I lived at while being outside of the USA for a year (regardless as to how long I spent at any one address). Or if it is asking for an address (outside the USA) that I spent a continuous year at without moving. (In my case, this would be my address in the UK) Since the above information is your residence for the past 5 years with a TO: and FROM: and country, I would take the literal approach and only list the last address OTUSIDE the USA that you resided at continously for more than 1 year, so if the time spent in the UK qualifies than that is the one I would use. Good luck, Dave	Dave&Roza	Male	Kazakhstan	2012-03-05 15:47:00
IR-1 / CR-1 Spouse Visa Process & Procedures	what does my wife need to ...?	what does my wife need to send in IRS tax transcripts for the last three years exactly ? The tax transcripts.	Dave&Roza	Male	Kazakhstan	2012-03-05 16:52:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Do the forms from the USCIS website expire?	I was going to start filling them out but leave the dates off them but i dont want to do that if they expire? The OMB puts a date on th form for the USCIS to update the form. It is up to the government agency which version of the forms they accept. Goto the USCIS website and look at what version is the most recent and what other versions they accept for that form. If you have the most recent and the date is next year or several months from now, you should be okay as they will most likely accept this version and the new one when they get around to updating it with the OMB and get issued a new valid period from them. Dave	Dave&Roza	Male	Kazakhstan	2012-03-05 23:30:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Change of address	Hello. What does one do if during the petitioning process the beneficiary changes address? How will this affect the process? thanks Depends on how far the move is. To a different country then the beneficiary might have to travel back for the interview or try to get the interview moved to the new country. Same country with more than one Embassy might require travel to the original Embassy or trying to get the interview moved to the new Embassy. If within the same city, region, or the country has only one Embassy then it might be a problem is receiving mail from the Embassy when it gets to that point. Most Embassies now use e-mail or other electronic methods so it is not that big of a deal, but this is very country specific and seeing how you have not filled in any information about which country or what the move is I cannot do more than generalize. Good luck, Dave	Dave&Roza	Male	Kazakhstan	2012-03-16 15:34:00
IR-1 / CR-1 Spouse Visa Process & Procedures	I-864 cover lettter and Tax	Hey guys, Just was looking at I-864 Cover Letter and in there it states like this for example. 2007 Federal Tax Return, W2 and 1099INT, 1099DIV 2007 Tax Transcript 2006 Federal Tax Return, W2 and 1099INT, 1099DIV <optional, but good to have> 2006 Tax Transcript 2005 Federal Tax Return, W2 and 1099INT, 1099DIV <optional, but good to have> 2005 Tax Transcript Do you need to include the Tax Return and the Tax Transcript. Have you guys send in both? I don't want to make the stack thick for NVC to think what is this. Let me know your opinions. Tax transcripts OR tax return with all the documents. Miss a supporting document and get an RFE. That is why VJers recommend the tax transcripts as the preferred way to go. No need to send anything else in plus it is what the IRS has received from you, very hard to fake that. Good luck, Dave	Dave&Roza	Male	Kazakhstan	2012-03-23 12:08:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Form I-551	My wife had received her GC (10years)on 03/07/2012,Today we received the following letter from USCIS: : Dear Sir/Madam: This letter is in reference to your Petition to Remove Conditions on Residence (Form I-751). A review of your record shows that you were incorrectly admitted or adjusted as a conditional permanent resident. You should have been admitted or adjusted as permanent resident without conditions because the marriage through which you gained conditional residence status was entered into more than twenty-four months prior to your admission or adjustment. U.S. Citizenship and Immigration Services (USCIS) is terminating action on the Form I-751, and refunding your filing fee. This termination does not affect your permanent resident status. You should be receiving a new alien registration card (Form I-551) showing the correct immigrant classification. You are not required to take any further action. If you do not receive a correct card within 60 days, please contact your local district office for further guidance. What does this mean? is she receiving another new Green Card?if yes, how long it takes to receive it? can she use her Green Card,the one she has now,to go overseas or not? * her Green Card is IR-1 Category. Thank you so much! It means you were married for more than 2 years and did not need to have a conditional 2 year GC, but should have been given a 10 year GC. So you are getting your money back, and a 10 year GC in the mail. As long as the existing GC is not expired she can travel without problems. If it is expired she can use it but the airlines may question her as to its validity and not let her board the airplane back to the US. Do ou have an NOA letter from teh USCIS before this one? That letter would allow the people at teh airlines to think her GC has been extended for one year. I am amazed they sent you your money back. Dave	Dave&Roza	Male	Kazakhstan	2012-03-31 18:07:00
IR-1 / CR-1 Spouse Visa Process & Procedures	??!!!Will they issue visa on the same day or make us wait again???!!!!	Yes, you will need to take chat logs, phone records, pictures, letters that u sent by mail, even look up some chapels for possiable wedding places and print those out as proof of intent to marry, all that may apply. simply because you never know what they ask for ; so the more info you have the better. My fiancee had to wait 2 weeks before he got the visa so its not automatic that you will get the visa that day. so I know the ticket are expensive but you might want to wait on the outcome of the visa, just my opinion or get refundable ticket for him. Pryare really does help and fasting if possiable. Just keep believeing cos God is a way maker and miricle worker. God Bless ur journey, Godd luck. They are already married as they have applied for a CR-1/IR-1 visa based on the profile information. What she needs to show is the marriage is ligit and not for immigration fraud. It is the same as AOS for the K--1 visa. I agree that you will not get the visa anytime soon, so I would go to the interview and expect to fly home alone . Good luck on your interview, Dave	Dave&Roza	Male	Kazakhstan	2012-04-10 22:23:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Tax Transcript Ordering	I am ordering my tax transcripts online via the IRS Website. It provides two options: Return Transcript and Account Transcript. I am assuming its the Return Transcript that is needed to send with the I-864? Correct.	Dave&Roza	Male	Kazakhstan	2012-04-17 18:10:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Feedback Wanted	So my fiancé and I have been reading through these forums and taking in a lot of really good information, and wanted to post our situation to see if there was any ideas outside of what we have that others would recommend (or even to confirm that indeed we are on the right path). Few quick points of reference: - She is the US citizen // I am a Canadian citizen - We've known each other and been friends for over 6 years, and have been together over a year - She is finalizing her divorce currently (been separated for 2 years) and it will be completed early June - Divorce is being finalized in WI where they have the 6 month rule in the state of not being able to get married again So now on to us. Currently, our plan is to have me move to the US as the life we have together there is wonderful and it would not be worth it for her to come to Canada and get rid of her career. I work for a global company with offices all over the US (including WI) but they have advised that at this time, they will not transfer my current position. That does not mean that it couldn't transfer, but for the time being it is not an option. I have been looking for work within the US via monster/linkedin and other sites, but at present have not had luck finding a company that would be willing to sponsor a VISA (no real surprise there). So our thought process is that maybe we just push up a quick wedding for the sake of starting the paperwork and getting me into the US. So given the WI laws, we had planned to do a wedding maybe in Chicago or Vegas with friends & family so as not to have to abide by the 6 month window in WI (and from what I've read on this site, the common belief is that given that the marriage is valid and legal in the state it was performed, that USCIS would recognize it as the same). At that point we would start filing for the K3 VISA and go through the processes outline in the stickied threads. Now one question I have. As a Canadian citizen, I am allowed to essentially come and go throughout the US so long as I have a passport. Once we have submitted documents for the K3 VISA and are going through those processes, I can still come to the US and have extended stays there as I presently do (usually I stay for 3-4 weeks and then come back to Canada for 4-6 weeks)? Once the K3 is approved, am I required to enter the US immediately or within a certain range? From what I've read, once receiving a K3 it takes about 90 days to get a EAD (believe that was the acronym for work permit) and we would want me to have that prior to coming full time. Essentially, I would stay in Canada working my current job until that came through and then be able to transition out of my current company and into a new company in the US (and possibly within my same company now that I had that working permit). Any other thoughts that you all have would be great. It's great to see and read the positive stories on here. It has helped us through some times where we have been pessimistic. Do not apply for the K-3 as it is DEAD. Apply for a IR-1/CR-1 spousal visa instead. You can travel to the US as long as you can show strong ties to Canada and the CBP lets you enter. Once the visa is issued you come to the US and wait for the GC to arrive and then you can travel. would still wait the 6 months as that is the state your intended spouse is getting a divorce from. It might come back to bite you and then you have wasted all that time. Good luck, Dave	Dave&Roza	Male	Kazakhstan	2012-04-21 20:05:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Is a previous Tourist Visa of any help when getting an IR-1 / CR-1 Visa?	Nor does it help with the approval process as the Tourist visa is nonimmigrant and the IR-1/CR-1 is an immigrant visa. You will need to meet all the requirements and having the tourist visa issued has no bearing on the IR-1/CR-1. Good luck, Dave	Dave&Roza	Male	Kazakhstan	2012-04-24 11:51:00
IR-1 / CR-1 Spouse Visa Process & Procedures	AOS Domicile question - does my husband need a document proving domicile in US?	You put YOUR physical address of where YOU live on the form. The I-485 is YOUR AOS not your husband's. He only has to complete the I-864 form. Your husband can use his DL to show where he lives and he can use his US passport to prove he is a USC. Other than that, there is no document to show domicile, it is up to each person to keep their address current on their DL and other documents. Good luck with the AOS, Dave Edited by Dave&Roza, 08 May 2012 - 04:34 PM.	Dave&Roza	Male	Kazakhstan	2012-05-08 16:32:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Can we go to the states on a tourist visa and then apply?	I am finally ready to send out the I-130 packet, but today I met someone who said her (UK citizen) and her husband (USC) got married abroad and then went into the states on a tourist visa (for her) and then filed for the green card. Is this even possible? I thought the alien relative couldn't enter the states and then apply and also isn't able to enter the states after the initial paperwork is sent until the green card is approved? Also I am wondering if our application will be rejected because I am not a permanent resident of the country we live in together, which neither of us is a citizen of. I am not working and haven't bothered to apply as a resident as we don't live in the coutry full time (only 8 months per year). My husband has residency in this country and is working. I have been so excited to finally send the paperwork off and now I am not sure what to do. Also are there any travel restrictions for us during this process if we are both living abroad? Thanks for any responses. It happens, but think about it. You are using a tourist visa (non-immigrant visa) for the purposes to enter the US, apply for AOS and remain (immigrate). That is immigration fraud and if caught the foreign born spouse will be deported and never allowed back into the US ever again. So if you want to stay married your husband would have to immigrate to the UK. When will you get caught--who knows, but it will be hanging over you for the rest of your lives--do you want to take that risk? You are doing it the correct way by submitting the I-130 packet. After about a year, the process will be completed and you and your husband can live together knowing you are legally here in the US. The other method takes a bit less time, you are together the whole time, but the risks are very great IMHO. Being from the UK, visits during the process are possible--just be sure to be completely honest about why you are visiting the US. Good luck, Dave Edited by Dave&Roza, 17 June 2012 - 03:03 PM.	Dave&Roza	Male	Kazakhstan	2012-06-17 15:02:00
IR-1 / CR-1 Spouse Visa Process & Procedures	How is POE determined	how much english should they know for POE Depends on POE. I asked the CBP about the ability to speak Russian in Denver and they said they do have the ability to call on the phone someone who speaks the language. They also recommended that I give my MIL a letter with her name, why she is visiting, where she was staying and a phone number of a person in the US to call if there were any problems. Of course the letter would be a bit different for someone coming in on a K-1. My MIL speaks no English and had no problems on a tourist visa. I would just give her a letter with all the relavent information in English she can hand over along with the brown envelope. Good luck, Dave P.S. are you going to be outside the secure area? Might plan to make a trip to be there and then fly to the final destination the next day just to help ease the transition.	Dave&Roza	Male	Kazakhstan	2012-06-20 13:04:00
IR-1 / CR-1 Spouse Visa Process & Procedures	How is POE determined	Also make certain to leave enough time for getting thru immigration and customs before having to make it to a connecting flight. I like the idea of the USC meeting the immigrant at the POE and spend the night and then both fly to the final destination together--a bit more expensive, but it eliminates the need to rush to the next gate and miss the flight if CBP is slow or the person has never seen a IR-1/CR-1 visa before. Good luck, Dave Edited by Dave&Roza, 20 June 2012 - 12:34 PM.	Dave&Roza	Male	Kazakhstan	2012-06-20 12:33:00
IR-1 / CR-1 Spouse Visa Process & Procedures	my last name	hi, my husband is Moroccan, we want to begin the process of CR1 visa, just wanna know : when should i change my last name, for taxes, and insurance and other documents, and the whole process. or i can keep my last name i have now. thanks This one comes up all the time. You will get those that say you MUST change your name when you get married. Others will tell you other things. First. what last name do YOU want to use after getting married? Fill out the forms using that last name so all the documents match your desired lastname--the exception will be your foreign passport which is most likely in your current lastname. Just remember that for international travel the tickets must match the name in the passport. Since you are fling for teh CR-1/IR-1, you could change your passport after getting married should you chose to do so while waiting for the NVC to process the application. To me this is a personal choice and up to you which lastname you want to use after marriage. There are pros and cons to both approaches, but those have no bearing on the immigration process. Good luck, Dave	Dave&Roza	Male	Kazakhstan	2012-06-20 19:16:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Ive tried this post b4 but people just cut me down and were unhelpful:(	You gave a partially incorrect answer to question #16, an I-485 would not be sent to the NVC, it would be a DS-230. Thanks for the catch.	Dave&Roza	Male	Kazakhstan	2012-06-24 12:13:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Ive tried this post b4 but people just cut me down and were unhelpful:(	Ok everyone i have so many questions i dont know what to do with, please help in anyway you can, i will be forever greatful. Background: Im 18 and went to the Philippines to marry a girl i met online almost a year earlier. I spent ever dime of my money on tickets, a passport, a wedding ceremony with all the trimmings, and a 2 and a half month stay in the philippines. I got married on january 12th of this year and stayed with her until March 4th when i flew back to America. Since i am only 18 i had to have tons of evidence saying i had parental consent to marry her because its a law in the philippines that you must be at least 25 b4 you can marry without parental consent. I included all that documentaiion in the I-130 packet i sent. i had her sign her G-325a forms while i was there in the philippines and filled mine out when i came back. Before coming back we found out she was pregnant but i did not say anything on the form because it never asked. She will probably give birth by the time this process is completed fully. I just recieved my NOa2 today. PLEASE DO NOT REFER ME TO ANY GOVERNMENT WEBSITES, I VISITED THEM ALL AND THEY ARE NOT HELPING:( THANK YOU TO ANYONE WHO ANSWERS ANY OF THESE QUESTIONS!!!!! What ive done so far: I filed the I-130 and the G 325a's that went with it and submited it along with all the required information. Got NOA1 via email along with reciept notice and case number, it said it was sent to California service center for prosessing. I recieved this email on March 12th. Got NOA2 via email today Now for the onslaught of questions: 1. Will me not putting down that she is currently pregnant pose a problem at a later date? When the child is born it will add to the co-sponsor's household size and it will affect the medical, other than that no problems. Just remember to file that this child was born abroad with a USC father so it can get a US passport to travel to the US with its Mother. 2. She currently does not have a passport, she applied for one but they denyed her because she still needs to go and attend a seminar. IM trying to avoid sending her to Manila many times for diffrent reasons as she lives in mindano. Does she have to get her passport b4 the interview? She needs a passport before the interview so the visa can be placed into the passport. THis is something you should do NOW rather than wait. 3.I herd the medical exam takes 3 days sometimes, so i have to put her up in a hotel for a week so she can attend this seminar and doctors apointment? Not familar with the PI's and their medical procedures. 4. I know there is a fee for the examination, is it a flat rate? What if she does need vaccinations, is that extra? If the baby is born by then, will it too need an examination and vaccinations? There is usually a flat fee and vaccinations are extra. 5. My grandpa said he will be a joint sponsor for me. Does he have to make enough money to support himself, his wife, one of his kids, as well as my wife? His household size is 6 given your child, your wife, you and his family. So he must make above $33,673 in order to qualify as a co-sponsor 5. My grandpa who said he would be a joint sponsor lives in texas, i live in michigan, is he still allowed to joint sponsor with me? As long as he is a USC he can sponsor you and makes above the 125% poverty level for his family size. 6. What forms is my grandpa, as a joint sponsor, required to fill out and submit along with his I-864 form? He needs tax transcripts and proof he is a USC (I.e. birthcertificate or copy of his passport) 7. Does he file his Affidavit support packet stapled to the back of mine after he completes all the information and sends it too me in michigan, or does he file it from texas, were he lives, and just include a not that pertains to my case? You file all information together as a single packet otherwise it will get lost and they will not know where to put it. 8. Will the baby, if it is born in the philippeans before she can have her interview will it beconsidered another family member, and force me to start the affidavit of support process all over again??? The child will be a USC as you are a USC. You will need to file the proper paper work for a child born abroad to a USC but it does increase your family size. 9. When she takes her medical exam before her interview, what must she do if she is still pregnant? What must she do if she has had the kid already? That depends on whether she has had the child or not. If not then there are certain procedures that will be put off unitl after she has the child. If she has had the child then she can complete the entire medical. 10. If the child has been born before her interview will they still let her come to america as without any trouble as long as i file a birth abroad form? You are applying for a spousal visa for your wife, the child will be a USC and can enter the US with a US passport. 11. Does a joint sponsor need to be witnessed by a notary of public that it was indeed them who signed and completed all the forms and documentaion in the I-864 joint support packet? None of the USCIS docujments needs to be notorized. 12. On my grandpas I-864 form, when it asks the number of family members in his household, does he put his household only, his household + my household, or my household? He must put the number of people he is fiancially responsible for, so that is his family plus your wife and child. He does not have to count you. 13. Should i make note of the unborn babies presence in the situation on my Affidavit of support packet? Must i provide proof that i told my joint petitioner(my grandpa) about the baby? When will the baby be borned? The process is about 6-9 months so it is a good bet that you will have to include the baby on the I-864 form. I would expect a household size of 6. 14. What vaccinations are needed to enter the U.S. form the Philippines? If shes pregnant still when she goes to get any vaccinations that she dosent already have, what will they do? Will they make her wait to come to America untill after the babies born and a Birth abroad form is completed? Read the guides or teh Embassy for the PI for this information 15. What papers should my spouse prepare if the affidavit of support process is approved, also, what papers should i get ready? 16.Now that i got my NOA2 and my I-130 has been approved, where has my petition gone, is it being shpped to Manila? Or does it stop by the NVC in the U.S.? It goes to teh NVC where you will submit the I-485, I-864 and prove the evidence they request. Still a long ways to go. 17.I herd they are now going to be sending me a packet, how long will it take to get that and what is in it? 18.My wife dosent have her passport yet, she has everythign ready but she must attend a seminar in manila b4 they will give her one, will this be a problem at the interview? You asked this already. Get the passport NOW. 19.Will her being pregnant be a problem at the interview? When is the baby due? She may have to find a baby sitter inorder to attent the interview due to the length of time still to go. 20.I herd they are super picky at the interview, im not understanding how they can deny her if she is married to me and we have a kid on the way? What can they possibly hold her on? Any thing that shows she is using the visa in a fraudulant manner. You should not have any problems as you appear to be going about this the correct way. 21.Where will this interview be takign place? Can it take place in southern mindinow at some governmental office or do i have to fly her to Manila again!? US Embassy for her country which I believe is only in Manila. 22.If the baby is born just after her interview do i have to start a petition I-130 and wait again? The baby will be a USC and you can file the forms for it being born abroad. 23.If the baby born b4 the interview, are the going to deny her and wonder why they were not told about it? Why would they? You have signed the forms to be true and accurate at the time you signed them. Now if the baby is born and you do not mention it then yes your are lying and misrepresenting the facts and will be denied for that. Just tell the truth. 24.What do i need to do to get my child legally over here to the U.S.? All i need is a birth abroad form and a passport right, it dosent need a visa. Does the baby need to go to manila for any reason. You seem to understand that you need to file the form for a baby born abroad and get your child a US passport but keep asking the same question. YES FILE THE FORM AND GET YOUR CHILD A US PASSPORT. 25.Can she get the babies passport from where she lives in the Philippines or does she have to go all the way back to manila? US Embassy again and you may have to be involved given that you are the USC of the child 26.Does the baby need to get vaccinations b4 it is allowed to fly? You will have to check on what the requirements are for the child to enter the US after being born in a foreign land. 27.Do i need to be present during the interview? Because i live in michigan. It might help especially is she has the child and needs a baby sitter, but it is not required. So Embassies want to see the USC at teh interview, but I am not sure about a spousal visa for the PI. Good luck and please read and reread the guides as most all of your answers are contained within, Dave Edited by Dave&Roza, 23 June 2012 - 08:49 PM.	Dave&Roza	Male	Kazakhstan	2012-06-23 20:47:00
IR-1 / CR-1 Spouse Visa Process & Procedures	I know the answers but i want to make sure	Click the Guides tab at the top of any VJ page. Then begin your study. Thousands of members have used them successfully. If you are not comfortable with the DIY approach, then pay a service or attorney to assist you. For where you claim to be in your multiple posts on this subject go here and have a read. You will see that the answer that others and myself have given you are contained there along with a step-by-step guide as to what to do and when. I enjoy helping others get thru this process, but you must realize that this process of marrying a foreign born person is expensive, time consuming, and requires some mental tuffness to endure the seperation and all the hoops you must jump thru in order to get the visa. Given that you keep asking questions, you have not taken Jim's advice to read the guides. I suggest you read the guides at the link I provided, give it a couple of days, read them again AND THEN COME BACK WITH ALL YOUR QUESTIONS. I wish you well in this journey you have started mainly for the sake of your unborn child and your wife who is going to have to raise it by herself until this process is complete. Dave	Dave&Roza	Male	Kazakhstan	2012-06-24 21:50:00
IR-1 / CR-1 Spouse Visa Process & Procedures	returned mail undeliverable	Two weeks ago we celebrated the approval of our I-130. I just received an email from USCIS-CA that the approved packet for I-130 was returned to them as undeliverable. I am a USC living in Mexico with my husband at the same address I have been living for over a year. We have received correspondence from USCIS before ... I will call them this morning ...this is such a RUB! Thanks for listening. We had the same thing happen to us in the US for my wife's AOS. For some reason the person at the USPS returned the mail addressed to her. I went into the postoffice and they asked if her name was on the mailbox. Maybe the smae thing is going on with your mail in Mexico. Might want to go to the local postal center and see what is going on. It is frustrating to have someone decide that the mail is improperly addressed and just return in rather than delivering it and letting the person who receives it make that determination. Good luck, Dave	Dave&Roza	Male	Kazakhstan	2012-07-02 09:46:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Can you use a camper as an asset?	Hello, can my mother use an asset of her camper worth of 8000 and 2000 in savings, to meet the requirements to sponsor my husband? She has to show assets of 10,320, so the camper and savings would be good, or they dont accept campers? Thanks so much for your help, sweetcitywife Liquid assets are best. The USCIS says it must be an asset that can be easily converted into cash and I think they give a time frame of one year. The question will be: How much is the camper worth? Show me an appraisal? A house has a market value, a taxable value, and an appraised value, but it only has a cash value when sold. It may depend on the person looking at your case as to whether they accept certain items or not. Having an icome above the required level is always the best. Next woul dbe to have cash on hand to cover the shortfall. Next would be investments, but those go up and down with the market. Then there are other assets that hae a value if sold. IMHO you our at risk of problems the more you move from income and cash to other assets. Good luck, Dave	Dave&Roza	Male	Kazakhstan	2012-07-12 12:12:00
IR-1 / CR-1 Spouse Visa Process & Procedures	I-864 nightmare!	you mean houses are generally not accepted as assets? that's really bad. We were planning on getting an appraisal and we have high hopes it's worth a lot! it's also owned by husband's mother no mortgage or anything! Primary residences are not considered as it would cause a hardship. Same for the primary or only car. I forgot about the hardship issue when I replied before. Ther rules are any assest can be used if 1) it can be readily converted to cash, 2) does not cause a hardship to do so, 3) only the fair market value maybe used (appraised value minus any loan). Dave	Dave&Roza	Male	Kazakhstan	2012-07-14 14:25:00
IR-1 / CR-1 Spouse Visa Process & Procedures	I-864 nightmare!	Dear visa journey members this is my first post here and I hope I'm in the right place. I'm so confused and frustrated over this whole complex matter. I'm the wife of a US citizen and we're going through the process of getting ready for the NVC documents. Now about the AOS. The situation is my husband is living with me in Egypt till December and we're really hoping we can travel together before then! he's been earning money here in Egypt but we understand that this money does not count as it's earned abroad so his income will be zero. His mother agreed to be be co.sponsor. However, just yesterday we found out that most of her income comes from social security benefits. She's a widow and living alone. She makes very little money by working as a substitute teacher. Her income from both if added together would barely meet the requirement, but on her tax forms they appear separately. her total income is something like 5,000$ while ss is non taxable. It is money though she earns every month, but alone without the money from sub.teaching it does not meet the requirement! my question is can she use ss benefits as income even though it's not taxable? and if so, should we add both incomes and write down the total in the annual earned income part? we're so confused and frustrated. Also, she owns a big house so should we go ahead and add that in the asset part? Add her SS as it is income and should she make over a certain amount it does become taxable. You can add the house as an assets especially if it is 5X the income requirement, but you will have to pay for an appraisal to include it. If your husband can save the money he is currently making, he could use any amount in saving and he would only need 3X the income requirement. Good luck, Dave	Dave&Roza	Male	Kazakhstan	2012-07-13 14:23:00
IR-1 / CR-1 Spouse Visa Process & Procedures	email proof	ok i know i am just bragging but we send so many emails i have had to create 4 accounts, by the time the interview comes we may be on six. i will print all, will there be a question as to why we talk thru so many accounts. Verizon doesn't work at my work. yahoo delays after 3000 emails, aol is to hard to reply quickly and gmail didn't work for us. gmail will not be shown as it blocks us as spam It's one thing to have a lot of relationship information and it's another to send so much that the USCIS person gets p!ssed off. They then may dig for something as they might think you are trying to cover something up. I was worried about sending a lot of e-mails, but I broke them down into relavent time frames of before her first visit to the US, after her first visit and before her second visit, after her visit and before my visit to propose and after I proposed. That way the person reviewing our case could look at each time frame and see how the tone had changed and that we were talking more about spending our lives together. I would not send e-mails where you are just talking to be keeping in touch, but select those that shows how you feel and shows how the relationship has grown. I would keep the number to around 100 and even that is a lot. I would not print out 3000+ e-mails (sounds like you might have about twice that number or even more). It's like photos. You may have 1000s of photos but you should think that each photo costs $50 to print and select the best of the best--same with the e-mail. Select the best of each week or each two weeks or maybe even each month and send only those. IMHO this is where quality over quanity wins out. YMMV. Good luck, Dave Edited by Dave&Roza, 16 July 2012 - 02:43 PM.	Dave&Roza	Male	Kazakhstan	2012-07-16 14:41:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Do I need to leave ASAP after I get approved for a CR-1 VISA???	you have to use it before expiration, it is always better to keep your case not complicated.... Any idea about POE , do we need to enter in the state which was mentioned as the sponsoring state's address or we can enter other than that...any idea POE is the first place you enter the US. For most it is where their flight lands within the US for the first time. It can be anywhere. For us it was Denver as there is a direct flight from Frankfurt to Denver and we did not have to worry about a connecting flight. Just make certain there is plenty of time betwen flights to clear customs and immigration. Sometimes a smaller airport is better then O'Hare or Newark or JFK or LAX. If we did not have a direct flight, I would have flown to the POE to meet my fiancee and then fly on the next day just to make certain she arrived and had plenty of time to make the next flight. Good luck, Dave Edited by Dave&Roza, 19 July 2012 - 08:31 AM.	Dave&Roza	Male	Kazakhstan	2012-07-19 08:30:00
IR-1 / CR-1 Spouse Visa Process & Procedures	I-864 Do I need joint sponsor if 2010 and 2009 my income is LESS than 125% poverty?	Hello Dave and Roza, "As long as CURRENT income can be proved to be 125% above the poverty" - Do you mean all my income only for 2012? I will send to NVC my pay stubs and employment letter (the HR wrote that my annual salary will be around 27k, I am a server and I work per/h + tip). But till now I earned only ~8k. So "CURRENT income can be proved to be 125% above the poverty" make no sense in July to prove all my annual income for 2012! 23. My current individual annual income is: that's why here I wrote my 2011 income from IRS. In form I-864 I write that questions: 23, 24A, 24C and 25(most resent) ARE SAME!??? Is It correct? Hey dwheels7 good luck! Thank You Kras If your paystubs backup the amount written in the letter by your employer, then you are good to go. Income you expect to earn in 2012 goes on line 23=line 24A and line 24C can use other family members if they are included on your tax returns and counted in the family size otehrwise yes, it is the same as above. For 25 that was your earned income reported on your 2011 tax return (you have not filed a tax return for earnings in 2012 that is why the paystubs and employer letter are so important for your situation). As for current income I am talking about what can you show the USCIS that you are making right now the date you sign the I-864 on an annualized basis. If that is above teh 125% level and it has solid proof, you will be fine. Good luck, Dave Edited by Dave&Roza, 25 July 2012 - 03:23 PM.	Dave&Roza	Male	Kazakhstan	2012-07-25 15:22:00
IR-1 / CR-1 Spouse Visa Process & Procedures	I-864 Do I need joint sponsor if 2010 and 2009 my income is LESS than 125% poverty?	Hello VJ family, I have a question about Form I-864. I will be a sponsor for my wife. Do I need second/ joint sponsor if last year my income from the IRS tax transcripts is only 50$ more than 125% ($18912) poverty, and 2010 and 2009 my income is LESS than 125%? Any advice would be highly appreciated. Thank you in advance. As long as CURRENT income can be proved to be 125% above the poverty guidelines you should be okay. USCIS does like to see a trend if showing the last three years, but it is more important that the current income level can be shown to be above the 125% level. This is done with recent pay-stubs and a letter from your employer. If you are below then you will defiantly need a co-sponsor. Good luck, Dave	Dave&Roza	Male	Kazakhstan	2012-07-23 12:02:00