Forum	Title	Content	Member	Sex	Country	Date/Time
IR-1 / CR-1 Spouse Visa Process & Procedures	e-mailing Montreal	Does anyone think this will help or hinder? I was thinking of e-mailing Mtl to ask if we can use our K3 date in Oct for our I-130 interview as it has been complete since Aug. 21 at NVC. Do you think they will consider it or will it just p*ss them off? I e-mialed them for the K3 date saying I would take a cancellation date. Can't help but think they didn't like it and made us wait 5 months for the interview. It seems to work for some people but 5 months is extreme and can't think of another reason for it. K1's are getting thru in a month to a month and a half. Very frustrating. Any insite is welcome. If this doesn't sound like a good idea we are taking further steps but are afraid of ticking them off. Sorry.... you cannot just bait and switch... A better question may be to ask if they have received the information from the NVC and if so, how much longer the interview may be scheduled. In your case, if it's not too much longer, you may want to just wait for the Immigrant Visa and cancel the K3 visa appointment... Edited by zyggy, 31 August 2006 - 08:22 AM.	zyggy	Not Telling	Canada	2006-08-31 08:22:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Wondering why ...	When we go to our interview at the consulate, we must have a valid marriage certificate. We cannot present ourselves at the consulate with wedding rings and obtain a K3 or CR1 visa. So is it fair to refuse admission based on an alleged marriage, when that same alleged marriage would not be recognised as a lawful marriage by the USCIS or consulate in order to obtain a marriage related visa? The example given was for a K1... in order to be admitted as a K1, one must not be married... if one gives evidence that they are married, then they are not eligible to be admitted on a K1. If one could give irrefutable proof that one was not married at that instant of time of appearance at the POE, then CBP would happily allow them to enter. However, it is impossible to prove that one is not married as of the time thet they made the appearance at the POE... it is easy to prove one is married... see the difference... Edited by zyggy, 21 September 2006 - 04:18 PM.	zyggy	Not Telling	Canada	2006-09-21 16:17:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Wondering why ...	I still find it really weird that law enforcement has authority here that is not overseen by the judicial system. The judicial system is what keeps law enforcement honest and holds law enforcement to the same laws that we are all held to. If people accused of or charged with crimes were not able to enforce their constitutional rights and be heard before a judge/jury (if it were only up to cops), every person ever arrested would be in prison, innocent or not. I realize we aren't talking about U.S. citizens here - but aren't the rights of the U.S. spouse violated when a law enforcement agent (not a judge) makes a decision without sufficient evidence where there is no recourse for those accused? Without the judicial system (with all of it's imperfections, such as not being truly available to those with low incomes), we'd have essentially no enforceable rights. It would be a police state. I don't anticipate being denied entry as we will have either the K3 visa or the CR1 visa, and we are legally married and have followed all the rules - but the thought that someone could see someone wearing rings and destroy their life over that fact makes me feel sick. No court in this country would find the wearing of rings as sufficient evidence to prove a marriage. If someone's life is supposedly destroyed, it's because they didn't take their entry and the laws regarding entry into the US seriously or because they made a misrepresentation in order to meet their own selfish ends. If that ends up blowing up in their face, oh well... Talk to any immigration judge, immigration attorney, or official and they will all tell you that entry into the US is a very serious thing and is not to be dismissed or taken for granted. Indeed, I believe that far, far too many people who are given the luxury of WVP and Canadians who are permitted to enter visa free take their relatively easy entry into the US for granted... The reality is this, if you aren't a citizen, each and every time you enter you have to prove that you have a valid reason to enter the US and that you will leave when your period of authorized stay ends... This is where you are not getting it... it is not the job of CBP to prove that you are not eligible for the benefit... it is the responsibility of the alien to prove that they are eligible for the benefit. By wearing rings, they have given evidence that they are not eligible.. it is now up to the alien to refute the evidence that they themselves gave due to their own stupidity. Walks like a duck, talks like a duck is based on one person's opionion, and could be extremely subjective. Judges and juries are required to be objective. that's a laugh... try telling that to the jury that gives a $100 million settlement to a guy that caused the accident in the first place... or the judge who uses fautly legal reasoning to overturn established laws to suit their own objectives... we are all human... and it's human nature to be subjective... That part doesn't make sense and I hope that there is just recourse for couples falsely accused or wrongly turned away (even if it rarely happens) so that they can appeal the decision of law enforcement via a higher authority or the judicial system. It's good that the border agents can catch mistakes by the consulate and attempt to weed out those who may be legally ineligible to enter, but I would hope that they would require more evidence than a hunch, personal opinion (which is inherently bias, even on this forum and even in this post!) - is there no standard of evidence? Thanks! In my experience there's rarely a time that someone is falsely accused.. especially if someone has already been pre-screened during a consular visa screening process. I'm not saying that at times a hunch is wrong, we are human after all, but to make the insinuation that CBP is always out to get you and keep people out is offensive... That's the difference... you have this persumption of innocence until proven guilty... at the POE, you're guilty until you prove yourself innocent. An individual is requesting a benefit.. the benefit of entry into the US. It is the perview of the US Government on whether to grant that benefit or not... control of one's national borders is at the very heart of sovereignty... There is no standard of proof, no bar of evidence... if the CBP does not believe that you have proven yourself eligible of the benefit to their satisfaction, you aren't getting the benefit... In effect, the law has made them the judge... they are the final arbiter... One does not get the protection of the US legal system in regards to judicial review of administrative decisions until one is admitted into the US... You have to understand that this does not involve the principals of criminal law that we see on TV and are taught in our schools.. there is no innocent until proven guilty in this area of the law... this is based on preponderance of the evidence and the law has made the CBP the judge... all of the evidence, which included your body language, the way you answer the questions, your answers to the questions, paperwork that you have brought, etc. CBP has to put all that together and make a decision on whether you overcome the presumption in the law as an immigrating alien, who is not permitted entry into the US without the proper immigrant visa... or whether your evidence shows that you are not an immigrating alien... that's how the law is written and how the system works... and it works well... Edited by zyggy, 21 September 2006 - 04:14 PM.	zyggy	Not Telling	Canada	2006-09-21 15:57:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Wondering why ...	And even more recently to a VJer's fiance in Atlanta earlier this year when the CBP thought that a K1 was already married. In this case, why did they think the K1 was already married? Were they wearing wedding rings? Carrying a marriage certificate? Just curious. And was the K1 already married or not? It would be sad if the CBP wrongly denied entry based on a "hunch" and without any actual evidence. What was the outcome? Did they have recourse? In this case yes, the individual made the mistake of refering to their SO as his wife when being questioned by the CBP when he entered on the K1... Since he admitted to having a marital relationship (even if there had not legally been one) when trying to enter on a K1, he was sent back home. I have also sent someone home as a CBP officer when the individuals attempting to enter the US on a K1 visa were wearing wedding rings. They had mistakenly assumed that since they had a religious marriage that they were not married. In Canada, if neither had been married previously, Canada recognizes any religious ceremony as valid, even if no marriage license was applied for. (The same is true in most common law jurisdictions). But even if the above were not true and they weren't legally married, they would have still been denied unless they had ironclad proof in their hands at that time that they weren't legally married. Which as you know, is impossioble to come by... It is important to remember that the CBP does not have to prove that you are not eligible to enter.. it is your job to prove to the CBP officer that you are eligible to enter the US... y law, unless one is a USC, the presumption is that every alien is ineligible to enter the US unless that prove to the satisfaction of the CBP officer that they are eligible according to the terms of their visa. The visa is not a grant of entry to the US... it is a ticket to be able to travel to the POE to be able to request entry to the US from CBP... It is this reason why the prevailing view on this forum is to not recommend a religious marriage to take place before the legal one... In the eyes of the CBP, if it looks like a duck, walks like a duck and quacks like a duck, it's a duck. If there was a marriage, it was most likely a legal marriage, the individuals are just not forthcoming with that fact... Regardless, if there is evidence that would suggest that one is not eligible to be granted entry based on the terms of the visa, it will be cancelled and the individual sent back. It doesn't matter if one is on a K visa or a B visitor visa, if the CBP believes that if one is attempting to enter the US under circumstances that are not in conformance with the terms of the visa upon which they are entering, their entry will be denied. As I told you before, the CBP is judge, jury and executioner on who is and is not permitted entry to the US.. there is no recourse to their decision... As Yodrak stated, I have been on this board a long time and for a longer time as a CBP officer and like him, I have not seen anyone denied being paroled into the US on AP unless there was a reason why one could not be granted entry by law such as a ban on reentry due to a previous overstay... The area where one was denied entry due to the CBP disagreeing with the Consulate related to a prior crime that the alien committed. The CO believed that a waiver for the crime was not required. When he appeared at the POE, the CBP read over his visa application and believed that a waiver was required (it was required, the consulate made a mistake) and sent him back to apply for the waiver. It was ultimately granted and the individual was granted entry to the US. Edited by zyggy, 21 September 2006 - 08:54 AM.	zyggy	Not Telling	Canada	2006-09-21 08:38:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Traveling outside the U.S. with a green card!!!	And the answer is..... a visa is required... However, now that she is a permanent resident of the US, a visa will be much easier to come by... So make an appointment to your local Spanish Consulate and get that visa...	zyggy	Not Telling	Canada	2006-09-25 15:40:00
IR-1 / CR-1 Spouse Visa Process & Procedures	CR-1 Interview possible in the US?	If you paid the immigrant visa fee and the file has been sent to the consulate... it's basically too late for you... you would regress in both time and money if you decided to pull the I-130 and chose to do AOS in the US... In your case, it would probably be better to continue with the CR-1 interview in Taiwan..	zyggy	Not Telling	Canada	2006-09-25 11:59:00
IR-1 / CR-1 Spouse Visa Process & Procedures	URGENT - MONTREAL	Montreal is first come-first served. If you arrive at 9:30, you'd be in for a long wait. Get in line at the Consulate by 7:30.. doors open at 8:00.. If you do that you should be out by 10:00 or so. To get the visa, you have a choice.. 1) Go to the consulate at 3:00 the following day to pick it up yourself 2) Give them a postage paid ExpressPost envelope and they will send it to you. Edited by zyggy, 28 September 2006 - 10:05 AM.	zyggy	Not Telling	Canada	2006-09-28 10:04:00
IR-1 / CR-1 Spouse Visa Process & Procedures	A question about marriage and crossing the border...	A two-part question then... I'm visiting my fiancee (and her family) this Christmas. When the Canadian agents at the airport ask me what the nature of my trip is ("business or pleasure?") and I tell them "pleasure" and they ask more about it, do I divulge I'm going to see my fiancee? Would that keep me out of Canada? On the second half of the trip, my fiancee and I are headed down to the U.S. to be with my family. I shouldn't have a problem getting through customs; however, when they ask my fiancee the same questions the Canadian customs agents asked me, what should she say? If she says she's visiting her fiance's family, would that keep her out of the United States? I don't want to lie when crossing the border. Neither does my fiancee. However, we also don't want to be barred from seeing each other or have our vacation plans ruined this winter. So what do we do? I can't speak to what the Canadian BPA would do.. but as a whole, they have been a lot more lenient on allowing SO's entry to visit... On the US... Maybe.. the course of your relationship is creating a bond that makes it more and more likely that you are a risk for overstaying your period of authorized stay. A boyfriend carries a different kind of perceived bond that a fiancee has and lastly a husband has. The more of a bond that you have to the US.. the less you have to Canada. The fact that you are travelling together could make things worse... or better as they can now question you as well... The answer is yes.. having a fiancee in the US brings greater risk of denial of entry. Entering for the purpose of marrying a USC I would say would bring an almost automatic denial if it came out... But stranger things have happened... Edit to previous post 2) Be sure you answer all questions truthfully... answer only what is asked.. but divulge anything that a normal person could be reasonable the answer would be if asked.. failure to divulge key information could be interpreted as a material misrepresentation which results in a permanent ban on entering the US... the worst immigration sin there is is to lie... Should be Be sure you answer all questions truthfully... answer only what is asked.. but divulge anything that a normal person would be expected to answer.. failure to divulge key information could be interpreted as a material misrepresentation which results in a permanent ban on entering the US... the worst immigration sin there is is to lie... I really need to read over my posts ... grumble... Edited by zyggy, 05 October 2006 - 07:19 AM.	zyggy	Not Telling	Canada	2006-10-05 07:12:00
IR-1 / CR-1 Spouse Visa Process & Procedures	A question about marriage and crossing the border...	Okay, this is all GREAT news! Now I know my fiancee and I CAN get married within the United States without the use of a K1 visa. Of course, my fiancee will have to bring a number of documents to prove she's returning to Canada. She'd also have to leave the U.S. after the wedding, but that'd be a (legal) necessity in order for us to start filing the IR1/CR1. As I've said before, I don't want to break any laws doing this. Thanks for all the responses, and information! I am a former INS Immigration Inspector (now CBP)... You need to be aware of the following: 1) Even if you all the proof in the world of what you believe means that you have the intention to return to Canada, realize that there are little ties that you could subsequently break if you have the intention of entering and staying in the US when you get married... because of this, the only proof of your intention is what is in your mind and heart... your demeanor, the answers you give to the questions that are asked, etc. go a long way in how the CBP officer is going to react in their redading of what your true intentions are. Be aware that even if you do everything right, you can still be denied entry to the US ... the reason for this is that the the Immigration and Naturalization Act is written such that no alien is permitted entry into the US unless they prove to the satisfaction of the CBP officer that they have no intention of immigrating to the US and will leave by the time their period of authorized stay ends. A warning... you could be placed through a pretty rigorous interrogation.. don't take it personally.. it's CBP's way of determining what your true intentions are. As long as you are truthful and answer all their questions honestly, you should get out the other side... I can't say this enough... Be honest and truthful in all your dealings with CBP... I would not be planning any big extravagant event.. it would be a shame if you were not permitted to be there by CBP... 2) Be sure you answer all questions truthfully... answer only what is asked.. but divulge anything that a normal person could be reasonable the answer would be if asked.. failure to divulge key information could be interpreted as a material misrepresentation which results in a permanent ban on entering the US... the worst immigration sin there is is to lie... For example, calling your fiancee a boyfriend is one example of how something could be defined as a material misrepresentation. Both terms have specific meanings associated with them. Answering a question with one where it should have been the other could have resulted in a different decision in respect to your eligibility for entry to an officer. 3) Yodrak... a Canadian cannot be issued a B visa at any time as Canadians are permitted entry to the US without visa... this is not the same as VWP where the US has chosen to waive the visa requirement. By treaty there is no visa requirement for Citizens of Canada to be able to go to the POE and request entry to the US. If it makes you feel better bring all the evidence you wish, but in reality its going to be a ####### shoot. I believe that you should take a good hard look at your wedding plans and see how they will be effected if one half of the couple is not permitted to enter the US... No one can tell you if you will be sucessful or not, because it all depends on the CBP officer that you get at primary inspection and the officers that you get at secondary inspection... Good luck.. because luck is what you will need.. Edited by zyggy, 04 October 2006 - 03:47 PM.	zyggy	Not Telling	Canada	2006-10-04 15:44:00
IR-1 / CR-1 Spouse Visa Process & Procedures	need advice	i filed i 130 petition for my wife under CR1 visa and i also filed I130 petition separately fror each of my 3 under 21 years old sons. I know that they are covered under my wife as dependents. Each of them has nvc case number now, and of course each of them i have to pay the IV fee bill which 380 dollars each, i'm thinking should i really have to pay for all of them when my wife's immigrant visa covers the dependents? Your wife's immigrant visa does not cover the sons as well. They each need their own immigrant visa and therefore each need to apply for and pay their own immigrant visa fee. I am assuming that in fact the children are his wife's sons. If they are your biological sons, then they may be eligible for US Citizenship... but we would need more details to figure that out... Edited by zyggy, 13 October 2006 - 11:24 AM.	zyggy	Not Telling	Canada	2006-10-13 11:23:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Recipt Number	WAC stands for Western Adjudication Center... which is now CSC...	zyggy	Not Telling	Canada	2006-11-14 09:17:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Legalized copy of passport and Income certificate	I suggest that you try to see if you can get married in Denmark... you could be tied up for months trying to get through the German bureaucracy... it's so bad even the Germans get married in Denmark... But to answer your question, for Germany, you'll need a BC issued within the last 6 months with an Apostille on it. The Apostille is given by the Secretary of State of the State in which the document was issued. I haven't heard about the finances before... you'll need a certificate of freedom to marry. This is given at the US Consulate. You need to talk with the officials who will be doing the wedding to see what they will need in terms of an income statement and how it is to be certified. Edited by zyggy, 14 November 2006 - 09:31 AM.	zyggy	Not Telling	Canada	2006-11-14 09:31:00
IR-1 / CR-1 Spouse Visa Process & Procedures	How do I get my Stepson here. Please help? this is reallly confusing	Hi All, I applied for my wife to come here with a I-130 form and I asked the office if my stepson could come here under her application and they said yes about 7 months ago. Then I was filling out the I-864 and then I was told I need to fill out another I-130 for him. He is a minor. Anyone have any idea what I'm supposed to do? Any help is much appreciated. To answer your question, we need more imformation. How old is the child? How did your wife get here? and when was her visa issued... on a K1 or a K3 or on an immigrant visa... That is important... Edited by zyggy, 15 November 2006 - 02:31 PM.	zyggy	Not Telling	Canada	2006-11-15 14:30:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Cost of the Entire Process	What the total price will be is hard to say.. you don't give alot of information... but it is not cheap.. expect to pay about $2000 for just the paperwork alone. Add in more for flights and expenses to her and maybe you to travel to the embassy for the interview, her country and to bring your fiancee here and moving... Edited by zyggy, 16 November 2006 - 11:39 AM.	zyggy	Not Telling	Canada	2006-11-16 11:39:00
IR-1 / CR-1 Spouse Visa Process & Procedures	POE failed to stamp visa!	It does not have to happen in NY.. you can do a deferred inspection at ANY CBP POE. Look at the link that meauxna gave you, go to the one that is closest to you and see what they can do for you. Edited by zyggy, 16 November 2006 - 08:50 AM.	zyggy	Not Telling	Canada	2006-11-16 08:49:00
IR-1 / CR-1 Spouse Visa Process & Procedures	POE failed to stamp visa!	Thanks, it makes more sense now. I looked at the letter again. It states that the POE "failed to stamp the application materials" at the airport and that we need to send in "proof of a stamp of entry at the POE" -- but they stamped NOTHING. It looks like he never even went through an airport at all. In fact his passport is blank expect for the visa that the consular pasted in there and one exit stamp in Casablanca. Hoping this won't get too bad. But I will take your advice and start calling tomorrow. Thanks again! Examine the Immigrant Visa very carefully---the endorsement is put there and it might blend in. The letter might be referring to something else besides the visa, but that's unlikely. It should resolve fairly easily--the other deferred inspections that have posted came out fine. THANK YOU SO MUCH for this tip. It has saved me literally hours of frustration. The USCIS office in Texas knew NOTHING and gave me the run around. But I called CPB as you suggested and they are taking care of it -- we are Fedexing the passport and they will stamp it as if they were stamping it the day he arrived in country. I suppose this sort of thing makes them look bad, and in fact, the officer said this is the ONLY time he has even encountered someone who was able to slip through immigration without a stamp. Strange. Again, THANKS. I HEART VJ! I would not send it in if I were you. This is too important to trust the CBP to do the right thing without you there to explain and direct them what you need and why. Remember the person who talked to you on the phone may not be the one who gets the envelope and may have no idea what to do with it. Take the time, get in the car and drive to the nearest CBP POE and get the passport stamped.	zyggy	Not Telling	Canada	2006-11-15 08:06:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Does My husband qualify for an I-130 in the US ??	He has a house. He alway file IRS return every year. but he doesn't has job of family in the country. His job in overseas can support me, Can he continue work in overseas and then he come to america after I get a job? No.. he actually has to set up in the US before you do... that's the way it goes... So no.. he cannot continue to work overseas.. he needs reside in the US if you are going to get a GC...	zyggy	Not Telling	Canada	2006-12-18 15:43:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Who's Law are they using?	This is what it says in the INA (2) Criminal and related grounds.- (A) Conviction of certain crimes.- (i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of- (I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or (II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible. (ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if- (I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or (II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed). (B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible. According to the above law, your husband is inadmissible due to his crimes and requires a waiver of inadmissiblity until a visa can be issued. The fact that he has multiple convicions involving CIMT, whether they were comitted as a minor or not, made him inadmissible. The only distinction between a crime committed as a minor or as an adult is from the above exception of only one CIMT... There is no distinction if there were multiple convictions. It does not matter if the charge was waived, the record was cleared or sealed, or if the crime was pardoned. If there was a conviction involving a CIMT and it does not fit into one of the above exceptions, then a waiver is required. Your rejections due to your crimes should have been expected... the good news is that London has a good record of approving waivers. Get your hardship letter and other evidence of your good conduct and submit the I-601 waiver as soon as you can... Check out the I-601 forum here and ask questions to make your first draft of a hardship letter... Then give that and your evidence of good conduct to an immigration attorney that specializes in waivers for a consultation on how to proceed.. Edited by zyggy, 19 December 2006 - 08:45 AM.	zyggy	Not Telling	Canada	2006-12-19 08:33:00
IR-1 / CR-1 Spouse Visa Process & Procedures	The new DS-3032 form	Thank you for the link to the DS-3032 Riblet, I appreciate it. But the DS-3032 at that link has expired as of Dec. 31, 2006. Would you or any other members know of where I could find a current version of the DS-3032? The form does not expire on Dec 31.. the OMB permission to collect the information on the Form expired on Dec 31... they could have received an extension without printing a new form... If it's the form on the State Department website, then it is the most recent form and it's the one that you use...	zyggy	Not Telling	Canada	2007-01-04 09:09:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Can you enter the USA on IR-1 then go right back home?	We got the IR-1 recently but we will not be ready to move by the time the visa expires. Is it possible to enter the USA on the IR-1 and start the process for the permanent green card but go right back home? Does that make any sense? Yes.. people have done this in the past.. it is not something new... Just move over to the US before about 6 months or so in order to satisfy any questions about abandonment... Really? Seriously??!?!?!?!?!? It can't be that simple really, can it? Yes.. really and seriously... However, be sure that you have a US address so that they can forward your GC to someone...	zyggy	Not Telling	Canada	2007-01-04 09:06:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Can you enter the USA on IR-1 then go right back home?	We got the IR-1 recently but we will not be ready to move by the time the visa expires. Is it possible to enter the USA on the IR-1 and start the process for the permanent green card but go right back home? Does that make any sense? Yes.. people have done this in the past.. it is not something new... Just move over to the US before about 6 months or so in order to satisfy any questions about abandonment...	zyggy	Not Telling	Canada	2007-01-04 08:40:00
IR-1 / CR-1 Spouse Visa Process & Procedures	marraige and tax/dependent ?'s	You need to file form W7 to get an ITIN. I'm almost certain that you will not be able to claim the daughter, from what I recall of tax law, dependents must reside with and receive more than half of their support from you. Yes... In order for a child to be a qualifying child (dependent) for tax purposes, they must be living in the US with you more than six months and you must provide over half of their support. You may not claim a stepchild who is outside the US.. the person on the IRS helpline was incorrect... Here is the law.. From IRS Publication 17.. You cannot claim any dependents if you, or your spouse if filing jointly, could be claimed as a dependent by another taxpayer. You cannot claim a married person who files a joint return as a dependent unless that joint return is only a claim for refund and there would be no tax liability for either spouse on separate returns. You cannot claim a person as a dependent unless that person is a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico, for some part of the year. 1 You cannot claim a person as a dependent unless that person is your qualifying child or qualifying relative. Tests To Be a Qualifying Child The child must be your son, daughter, stepchild, eligible foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them. The child must be (a) under age 19 at the end of the year, (B) under age 24 at the end of the year and a full-time student, or © any age if permanently and totally disabled. The child must have lived with you for more than half of the year. 2 The child must not have provided more than half of his or her own support for the year. and from Publication 54 ) I am a U.S. citizen married to a nonresident alien who has no income from U.S. sources. Can I claim an exemption for my spouse on my U.S. tax return? Yes. If you file a joint return, you can claim an exemption for your nonresident alien spouse. If you do not file a joint return, you can claim an exemption for your nonresident alien spouse only if your spouse has no income from sources within the United States and is not the dependent of another U.S. taxpayer. You must use the married filing separately column in the Tax Table or section C of the Tax Computation Worksheet, unless you qualify as a head of household. (Also see Question 12 under General Tax Questions, later.) A U.S. citizen or resident alien married to a nonresident alien also can choose to treat the nonresident alien as a U.S. resident for all federal income tax purposes. This allows you to file a joint return, but also subjects the alien's worldwide income to U.S. income tax. 2) I support my parents who live in Italy. I am sure that I provide the bulk of their support. Can I claim exemptions for them? It depends on whether they are U.S. citizens or U.S residents. If your parents are not U.S. citizens or U.S. residents, you cannot claim exemptions for them even if you provide most of their support. To qualify as a dependent, a person generally must be either a U.S. citizen, U.S. national, U.S. resident alien, or a resident of Canada or Mexico for some part of the tax year. The other tests of dependency also must be met. 3) Should I prorate my own personal exemption and the exemptions for my spouse and dependents, since I expect to exclude part of my income? No. Do not prorate exemptions for yourself, your spouse, and your dependents. Claim the full amount for each exemption permitted. If you change the words from Parent to Stepchild.. the same basic rules apply when it comes to whether or not this person is a dependent applies... Sorry jazzy.. you may not claim your stepchild as a dependent on your tax return.. Edited by zyggy, 04 January 2007 - 09:00 AM.	zyggy	Not Telling	Canada	2007-01-04 08:43:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Anyone that got married in January 2007?	Wedding Expenses are not tax deductible	zyggy	Not Telling	Canada	2007-03-07 21:06:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Correcting a submitted form	Yeah I reckon I would just do it in a letter. Then perhaps call them back to see if they have updated any pertinent information in the system. The letter would then just stay with your file for reference. Take a copy of it too prior to sending...note also the date they received as well. Just in case anything does try and come back and bite you in the bum. Not saying it will but always better to cover your a$$ edited for damm spelling You can always wait to change it at the consulate. They'll ask you if there's anything that needs changing. For something minor like that, I think that would be the best way.	zyggy	Not Telling	Canada	2006-02-23 08:03:00
IR-1 / CR-1 Spouse Visa Process & Procedures	B2 overstay 15 yrs ago	The ban on reentry based on an overstay only occurs if it was after 1998 or so... if the overstay was before that, there is no ban and no waiver required..	zyggy	Not Telling	Canada	2007-04-12 10:05:00
IR-1 / CR-1 Spouse Visa Process & Procedures	VISA DENIED IN PERU HELP ME!! CONFUSED	Show me where she states she did not tell the Conof that there was an overstay. All she states was that he made no mention to her about needing the waiver for the overstay. And do you actually believe and expect for the Counsel to mention to her that a waiver was/is needed for the overstay, when he just finished denying her a visa? I can't imagine him telling her: "well, I have to deny you your visa, but if you do this or that (waiver), you can appeal and override my decision." Highly unlikely. And where did she state that. She knew of the overstay....knew she would need a waiver (she mentions them in her original post) All she was asking was why he didnt make any mention of that, only of the denial on other grounds. She NEVER suggested a waiver would be mentioned by the Conof to over-ride his denial on other grounds. I suggest you go back and read her opening post and know a little more about the waiver process before spouting off inuendos. Peru is one of the consulates where there is a de facto requirement that the USC be there for the interview. If the USC is not there, they just hold the case in AR until the USC can appear. Is it fair, no, but it is the reality in Lima. It appears that the OP and her husband were not answering the questions right. In reality, if you don't know the specific details of an answer, the response should be I don't recall instead of trying to answer the question. But the damage has been done. The OP and her husband now need to speak with an immigration attorney and take the fight to the service center to get them to send it back to the consulate. Start gathering all the evidence you can about the genuine nature of the relationship to send top the service center. Your attonrey will be able to help both of you in analyzing the evidence and choose the best evidence to submit. I'm sorry to say that you are no longer in DIYland. You really need very experienced professional help.	zyggy	Not Telling	Canada	2006-02-16 09:17:00
IR-1 / CR-1 Spouse Visa Process & Procedures	VISA DENIED IN PERU HELP ME!! CONFUSED	Really sorry to hear this I understand how stressed and sad you must be in this situation, I think your husband need to go back and file for an appeal. The petition will be returned to the consulate and a Motion of Intent to Deny will be issued by the Service Center. Your husband need to retain legal counsel now to get this resolved and put together the best appeal to the Service Center.	zyggy	Not Telling	Canada	2006-02-13 15:55:00
K-1 Fiance(e) Visa Process & Procedures	Processing Times	People need to understand what the processing dates exactly mean.... What the processing date on the USCIS website means is that oldest date in which a case is still "on the shelf". Meaning the date in which a case has not yet been given to an adjudicator to be reviewed. It does not mean the last date in which a case has been approved. So after the cases have been taken from the shleves, there can be a wild difference in the rate of which tose cases are approved, since each case has a specific set of details associated with it. One adjudicator may be slower than others, one adjudicator may be on vacation, one person's case may need an RFE, anothers may need a name check cleared, one adjudicator may deal with how they process RFE's cases with cases that have no RFE's.. The different possibilities are endless. All you can ever know is that if your cases is older than the date that is given on the website, that it is on an adjudicators desk waiting to be approved, RFE'd or denied. I wouldn't put too much store in the times tho - to be honest - there seems to be exceptions and special cases and - you get the idea. There are NOA2 coming out of CSC right now for an NOA1 date of november - yet there are plenty PRE that date still waiting - makes no sense really. Assume between 90-120 days at the first instance - and if it goes over that then you can start panicking. My 2 cents	zyggy	Not Telling	Canada	2006-01-30 09:51:00
K-1 Fiance(e) Visa Process & Procedures	Packet 3 Arrives	All you need to put down is something in the line of "Frequent Visits of less than X days duration" The consulate understands that Canadians take many short, frequent trips to the US. The other tip I have is to use the forms that are given to you. Montreal is very picky that you use their forms. Edited by zyggy, 31 January 2006 - 12:19 PM.	zyggy	Not Telling	Canada	2006-01-31 12:18:00
K-1 Fiance(e) Visa Process & Procedures	when shld 1 chk with the consulate	Wait at least a month...	zyggy	Not Telling	Canada	2006-01-31 15:07:00
K-1 Fiance(e) Visa Process & Procedures	Lawyers are a waiste of time and money!	Hello all, We are going through this process with a lawyer and he is not helpful at all! My address in Canada has changed since we started the process and I sent many emails to our lawyer about the change and he just said that we don't need to deal with it at that time, so I held off and quite frankly forgot about it for a while. But now he said that I have to wait to be contacted by the USC in Toronto before we move on with our next step (we have received our NOA2 after months and months wait) becuase they will send me the appropriate information to move on. So then I got thinking to myself...I bet my lawyer never did anything for the change of address...and guess what, after I contacted him again about it I learned that, of course, nothing has been done. So he told me to contact the USC in Toronto and find out what I'm supposed to do. Does anybody know where I can get the information to contact them? And what I'm supposed to do? In the end, I would not recommend getting a lawyer...ours was worthless and we paid a pretty penny for him! If anyone was reading my posts yesterday about trouble in paradise with my fiance...thank you for all of you help and advice...Joe and I are going to talk again tonight and hopefully we can start on working on something that we are both happy with. Thanks, Chrystal Whether or not one needs a lawyer is a function of the complexity of the specific case and of the comfort level of the petitioner to be able to educate themselves in the forms and bureaucracy associated with the process. Also, any lawyer worth his salt would know that the immigrant visa process doesn't go through Toronto at all... All Immigrant visa issues are processed at the US Consulate in Montreal... You need to find out the State Department Case number by calling the NVC in New Hampshire. After you get the NVC Case number, you can either call the Consulate in Montreal or email them at Montreal-IV-DV@state.gov Edited by zyggy, 31 January 2006 - 03:33 PM.	zyggy	Not Telling	Canada	2006-01-31 15:30:00
K-1 Fiance(e) Visa Process & Procedures	non immigrant visa no	aussiewench, It will? The big red number on my wife's visa is in error, or a mistake? Oh well, she gave the Control Number as her visa number. Good thing she didn't use that big red number that did not start with an 'A'. Yodrak and will start with an A The number that starts with an A is the Alien's Registration Number. It's not the same thing as the non-immigrant visa number. The non-immigrant visa number is the number on the visa in red.	zyggy	Not Telling	Canada	2006-02-01 11:25:00
K-1 Fiance(e) Visa Process & Procedures	Anyone got this email from USCIS???	Sounds like a mistake... you got your visa, your A file was in the brown envelope, and was sent to your file control office. Probably a case of punching in a wrong receipt number of a person whose case was really sent back. Ok guys, I`m here in US since Jan 19th, and yesterday we got this email from USCIS... Im wondering what is it and if anyone got this email too... Also, I wonder if now, they have my name on the system and I would apply for my SSN... Thanks in advance for any help, Carol *** DO NOT RESPOND TO THIS E-MAIL *** The following is the latest information on your case status Receipt Number: LIN06XXXXXXXX Application Type: I129F , PETITION FOR FIANCE(E) Current Status: On January 30, 2006, we received this case back from the Department of State for further review. We will mail you a notice when our review is complete or when we take other action. If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision or advice from USCIS within the projected processing time frame*, please contact the National Customer Service Center. National Customer Service Center (800) 375-5283. *The projected processing time frame can be found on the receipt notice that you received from the USCIS. *** Please do not respond to this e-mail message. Sincerely, The U.S. Citizenship and Immigration Services (USCIS)	zyggy	Not Telling	Canada	2006-02-01 13:31:00
K-1 Fiance(e) Visa Process & Procedures	interview visa denied	Agree with others... what your SO got was a 221g form. In this case it's the equivalent of an RFE. As long as he provides them with what they want in a reasonable time frame, everything should be fine. However, do not let things go for too long. If it takes longer than about a month, he should keep in contact with them and given them updates on the status of gathering the requested information.	zyggy	Not Telling	Canada	2006-01-30 16:11:00
K-1 Fiance(e) Visa Process & Procedures	Wedding Guest	Thanks. Will I need to mail anything other than the wedding invitiation? ie., tax forms,etc.,etc You are not the issue... they do not want anything that pertains to you. They are the issue... the issue is whether or not they have the necessary substantial ties that would require them to return to their home country at the end of thier visit. Since they now have a substantial tie to the US (your fiancee), getting a visa to be able to visit the US will be much harder that when there was no tie. Have them bring substantial evidence of their need to return to Cambodia such as financial reocrds, house deeds, and employment records. But don't be surprised or dissapointed if they get denied.	zyggy	Not Telling	Canada	2006-02-02 08:55:00
K-1 Fiance(e) Visa Process & Procedures	Visa Interview on Friday in Montreal!	FOr any K visa, a DS-230 Part II is not required... Oh and use the forms that were included in the Packet 3.. Do not use the on-line forms from the US State Dept. Website. Montreal is really picky about using their forms. We got a 5 minute tongue lashing from the CO about it. We also didn't get a receipt for our payment. We got one, then we had to turn around and give it to the CO. Other that that, your list looks good. Edited by zyggy, 03 February 2006 - 03:26 PM.	zyggy	Not Telling	Canada	2006-02-03 15:25:00
K-1 Fiance(e) Visa Process & Procedures	1-129F Foreign City/Country for Interview -- Ok?	I wouldn't recommend it. The whole immigration process is a by the book, no exeptions way of doing things. Using myself as an example. I filed at the Texas Service Center. They immediately sent it to California. If I had filed at California directly, it would have been sent back to me and told to resubmit. Use their traditional home location that is property documented. thanks, ... however, this is the case of the benefactor (overseas) ... not related to the US USCIS Service Center. When processing in a 3rd country, that country will typically request evidence of a legal residential status in that country. If their legal status is expired, that consulate will very likely not allow that person to be interviewed there. Sorry, but you'll have to file through her true country of residence. Also place that address on the I-129F. If you put her courrent address, the petition will be forwarded to that consulate that has jurisdiction over that address. If she is no longer entitled to be interviewed there, it will just add to the delays in getting the visa. Edited by zyggy, 07 February 2006 - 10:02 AM.	zyggy	Not Telling	Canada	2006-02-07 10:01:00
K-1 Fiance(e) Visa Process & Procedures	I-129F Evidence	By way of observation only---I have never filed an I-129f myself-- I'll add that the FAQs, and later the Guides, were compiled from user's experiences of what made their cases successful. Many handy tips have been added to the official instructions over the years in the spirit of users helping other users through the sometimes arcane and confusing langugage of USCIS. Wherein this discussion becomes very subjective. There's no proof that adding relationship materials to ones submittal helps in any way. In fact, in most cases it's probably ignored. Unfortunately, this isn't always true. There have been RFE's generated as a result of adding relationship materials that would otherwise would not have been issued if these materials were omitted. Further, in the matter of adjudicating the I-129F and any RFE's issued as a result; I personally have never seen an RFE specifically citing the lack of: emails, phone records, photos, etc. My contention once again is that if it wasn't asked for it isn't required. You are looking too closely at only the first phase of the process. You state that the submission of relationship information has resulted in RFE... which is likely true due to the petitioner including evidence that could prove detrimental to their case. This is easy to quantify. However, what is not as easy to quantify is how the addition of this information may have assisted a petitioner at the subsequent phase of the process. That is at the consular phase, and how the inclusion of this evidence may have been the breaking point between either how the bebeficiary was treated at the interview or if the inclusion of evidence was the breaking point in the CO's mind on whether or not to send a petition back to the SC. Ancedotes from CO's who have posted on this board and attorney's who have posted on this board have stated that the inclusion of this information has assisted a CO in making their decisions. In addition, in the past attorneys and other users have stated that the inclusion of this information has assisted them when making their appeals to the SC when a petition has been sent back to the SC which in many cases resulted in a case being returned to the Consulate. I ask you what is worse... Having your case delayed a month because of a RFE due to some confusion over the evidence presented... or having your case dalayed several months to a year because a CO sent your case back where it could have been a different story if the additional evidence was included. There is also a recommendation that petitoners include a long-form BC for the beneficiary. While it is not required, many people have included it. Who knows how many of those people avoided an RFE because it was included due to the off chance that their beneficiaries name came up on a IBIS hit. Again, as I and other have been preaching for some time, far too often members look at the process only one phase at a time. They only focus on the I-129F petition, when they finish that, they focus on the interview, then AOS, etc.. This is one long process where all the pieces are interconnected. We need to get our heads out of the sand and look more at the entirety of the process and how what one does in one phase can impact the others. Edited by zyggy, 08 February 2006 - 03:57 PM.	zyggy	Not Telling	Canada	2006-02-08 15:54:00
K-1 Fiance(e) Visa Process & Procedures	I-129F Evidence	As I have stated, I believe that this information may prove to be a disservice to the immigration community in that it over simplifies the process and could cause people to take measures that could cause problems down the line. I would much rater answer these types of questions on a case by case, individual by individual basis than making statements that could oversimplify the potential issues. The other post (http://www.visajourn...opic=1193&st=20)gives the reasons why it may be prudent for a petitioner to include additional information on the validity of the relationship with the I-129F submission. Where it is true that inclusion of the information would not result in an RFE, and could result in an RFE if it is not adequately reviewed, it could be very helpful when the petition comes to the Consular Phase, especially at high fraud consulates. Members have problems now with RFE's and reveiws at SC.....WITH the guides saying what they do. Too much information could change the perception of a case in the minds eye of an adjudicator when they are reviewing evidence that is not required to be assessed by them, only that a petition is eligible. I posted this in the other thread from a USCIS Interoffice Memorandum Therefore, when a case is approvable based on initial evidence, and there is not evidence justifying a particular concern to support a RFE or a referral to Fraud Detection and National Security (FDNS), the case should be approved without RFE or NOID. I agree that there may be problems with people throwing in too much of the kitchen sink and submitting evidence without having a subjective eye look the petition over to catch any potential red flags. I also agree that our guides do not do an adequate job of explaining to people when including the addition of evidence or an explanation of the nature of the relationship could prove to be beneficial. IMHO, I think it would be better to be bogged down for a short period of time at the USCIS end due to problems with the relationship evidence than to have the consulate deny it and send it back if it could have been possibly prevented by including such information. I also agree that there are many parts of the world where providing such information would be superfluous. However, it believe this issue should be tackled by providing better explanations on why it may be prudent to include such information and why it could be helpful than to just wipe it off the map and pretend that it doesn't exist. Edited by zyggy, 08 February 2006 - 11:56 AM.	zyggy	Not Telling	Canada	2006-02-08 11:55:00
K-1 Fiance(e) Visa Process & Procedures	I-129F Evidence	As I have stated, I believe that this information may prove to be a disservice to the immigration community in that it over simplifies the process and could cause people to take measures that could cause problems down the line. I would much rater answer these types of questions on a case by case, individual by individual basis than making statements that could oversimplify the potential issues. The other post (http://www.visajourn...opic=1193&st=20)gives the reasons why it may be prudent for a petitioner to include additional information on the validity of the relationship with the I-129F submission. Where it is true that inclusion of the information would not result in an RFE, and could result in an RFE if it is not adequately reviewed, it could be very helpful when the petition comes to the Consular Phase, especially at high fraud consulates. Edited by zyggy, 08 February 2006 - 11:12 AM.	zyggy	Not Telling	Canada	2006-02-08 11:09:00