ForumTitleContentMemberSexCountryDate/Time
Middle East and North Africapart of my travel....

I don't think it's for anyone's safety to act like a fuc!o. She did not have to be interrogated that way at all. If they had questions, they could ask them like human beings. She is a USC after all, she has a right to enter the country even if she'd been in **gasp** Cuba!



Umm no.. people do not tell the truth when they are being questioned nicely... People let the truth slip out or give indications that are not telling the truth when they are under pressure or are angry... Sorry, but that's human nature and while unpleasant, CBP needs to what they have to do to determine the truth...

It is not common these days for a USC to take frequent trips to the ME... especially Lebanon at this point in time. While the OP had a legitimate reason to travel and that fact did come out, the truth is that there are countless others whose reasons for travel to Lebanon are likely a bit more sinister. That's who the CBP is looking out for...
zyggyNot TellingCanada2006-12-06 16:53:00
Middle East and North Africapart of my travel....
Interesting...

I haven't been in CBP since a lot of security stuff in regards to the ME/NA, but from my conversations with old colleagues that are still there, it appears that due to your frequent visits to Lebanon, you have become a person of interest. Their questioning was used to determine the nature of your visits... the reason that it was unpleasant was to determine if you were telling the truth about the nature of your visits. They were seeing how your reacted to the accusations and questions... this is a common interrogation tactic.

Sorry it was unpleasant, but on the flip side, you may not have to go through this again if the CBP was satisifed and they made a note of this on their records...

You should know that as a USC, you have the unequivocal right to be admitted to the US at any time. The only time that CBP can hold you for any length of time is if you are committing an immigration, customs, or other related violation...

Edited by zyggy, 06 December 2006 - 09:36 AM.

zyggyNot TellingCanada2006-12-06 09:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAnother tax question, sorry !

I'm confused. You only need to file one return, if filing joint. So he would not need a separate one here.


I'm confused too. LOL What I meant was, I read that I would do a joint one, and he would file his taxes in canada, and then today I read that I can submit a form 1116 - it's all foreign (no pun intended) to me; I'm going to see the tax man this weekend.


Actually, since your fiancee lives outside the US, you can exclude his income enitrely as long as he makes less than $80,000 US. You would file form 8555 or 8555EZ to exclude the income.

Edited by zyggy, 01 February 2006 - 10:49 AM.

zyggyNot TellingCanada2006-02-01 10:49:00
IR-1 / CR-1 Spouse Visa Process & Procedures3rd packet questions


Don't reply if you don't have ALL my answers.


:P hehe!

I'm so happy you're with Mark now! Yay! How are you enjoying the US and Michigan? We're only like 2 hours away from each other now, isn't that weird?? Have you gone to Detroit and been mugged yet? You haven't truly gotten the Michigan experience until you've been robbed in Detroit. ;) j/k!

We're about to send in our DS230 too!

I might just skip the mugging & go straight to being murdered!! :yes:
Life is great, weather is #######!!.........i'm a bit bored BUT spring is around the corner, yay.. :thumbs:


and i still dont have your answers :whistle:

Hey now... We Detroiters have to burst your bubble and tell you that unless you like to hang out in bad neighborhoods, it's a pretty low chance that you get either murdered or mugged.

Edited by zyggy, 08 February 2006 - 04:39 PM.

zyggyNot TellingCanada2006-02-08 16:38:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan my husband come to US for a visit while his immigration visa is being processed?
Read this thread... it may give you a little better idea of what goes on

http://www.visajourn...showtopic=58200

Watch out what he says... If one is caught making a material misrepresentation to a CBP officer while attempting to enter the US, they could face a permanent bar on entering the US. A material misrepresentation is misrepresenting one's self such that if the truth were stated, it would have changed an officers position on whether or not that individual was eligible to enter the US. In my opinion stating that one is visiting "family friends" when one is visiting a fiancee may be considered a material misrepresentation and would probably be considered a material misrepresentation if one is visiting their spouse.

Edited by zyggy, 07 February 2006 - 03:42 PM.

zyggyNot TellingCanada2006-02-07 15:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresJamaican Embassy

Whats the pay master thing your talking about?



You cannot schedule your own interview. For immigrant visa interviews, the consulate will schedule it for you.
zyggyNot TellingCanada2006-02-13 15:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMedical Examination

I have been vaccinated against pretty much all the things that they advise, although I have no
documented proof. Is it true that they can do the Vaccinations on the day of the medical ?


Yes... but then you would have to pay for them... usually at inflated prices...

If you can get them done at your General Physician, I would do it there. Or better yet, you should get antibody titres done to see what you are immune to...
zyggyNot TellingCanada2006-02-16 09:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 Approved on April 15, 2005

There all , I'm writing on behalf of a friend who is having trouble registering onto VJ.
His I-130 was approved on April 15, 2005 and sent to NVC , I called them and their recording mentioned that they are procesing visas form Feb. 22, 2002. The questions are: Can he send the I-129F , petition for K-3 Visa? or does he has to become a citizen to quiken the precess?.
Any suggestions will be greatly appreciated.



K visas are only available for US Citizens. At this point in time, to get their spouse to the US, they will have to wait until an immigrant visa number is available, currently that will be more than 4 years out. To get a visa number available immediately, your friend will need to become a USC.

Edited by zyggy, 17 February 2006 - 03:41 PM.

zyggyNot TellingCanada2006-02-17 15:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs a co-sponsor`s birth certificate required?

If so do they need an official copy? I have read over the 864 instructions an di am sure it says you only need the birth certificate of a sponsor for work visas.

help please?

thanks



For any sponsor who is filling out an I-864, proof of US Citizenship or Permanent Resident Status may be required.
zyggyNot TellingCanada2006-02-20 10:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSSN and EAD for K3

My wife has been approved for the K3 visa. She will be coming to the US next week. My I130 is still pending. Can she apply for the SSN upon her arrival. Can she apply for EAD.
For her K3 visa, she was asked to bring DS230 part 1. From the discussion forum, it appears that once you sign DS230, you have to continue with counsular processing. Did anyone else have to sign DS230 for K3



The DS230 is usually used by immigrant visa units to open a case file. It is not used for your K3, but it for the consulates use.

You cannot apply for a SSN with a K3 until an EAD has been issued. You can apply for an EAD by sending an I-765 to the same address where you sent in the I-129F for the K3.

After your spouse arrives in the US, you have a choice to get permanent residency. You can either continue with the I-130 process through the NVC and have another interview at your home consulate for the CR-1 visa. Or you can file an I-485 to the Chicago Lockbox and get the GC from your local district office. Which way you want to go is up to you.

Edited by zyggy, 22 February 2006 - 02:07 PM.

zyggyNot TellingCanada2006-02-22 14:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS-230 pdf


It's better to be safe and answer correctly! You wouldn't want to say :yes: there! :o

:no:



A parking or traffic citation is not a crime... It is a civil infraction. A big difference...
zyggyNot TellingCanada2006-02-23 08:04:00
IR-1 / CR-1 Spouse Visa Process & Proceduresmarriage in USA


I am a uk citizen visiting my girlfriend here in the USA. WE have decided that we want to get married immediately, while im here on a visa waiver programme. Does anybody here know what pitfalls we may encounter if we do this? .
We intend to get married and apply for AOS immediately. Ihave no reason or desire to to return to the UK, is this an option that is open and readily available to us. we are in California, but would be moving to Arizona, would it be better to marry in Cali-or AZ?

Yes its an option..............as long as you had no intent to marry upon arrival, & its a "spur of the moment" thing!!
I think there is info about this route in the guides at the top of this page, good luck!!....as for where to get married, that realy makes no difference!! :thumbs:



The problem is not if it was a spur of the moment thing... but do you believe that you have the evidence to prove that it was a spur of the moment thing if it is asked for by the USCIS adjudicator when the I-485 is processed.

There are some considerations that you need to consider before you decide to make this move...

1) Individuals are not permitted to adjust their status from a tourist non-immigrant status to a permanent resident status if their entry to the US was fraudulent. That is if the alien had the intent to marry a USC and remain in the US at the time of their entry. This question may come up during the adjudicaton of the I-485. If it does, it is the burden of the applicant to prove to the adjudicators satisfaction that the intent of the alien was as a non-immigrant at the time of entry. That is their intention was to return to their home country at the end of their visit. Do you believe that you will have the evidence that will convince an USCIS adjudicator that this is the case?

2) Aliens who enter the US on VWP give up their right of appeal if the adjudicator denies the I-485. If this happens, the alien will be placed in immediate removal proceedings and will be sent on the next flight home.

Adjusting from a tourist non-immigrant involves significantly more risk of denial that someone who gets a visa in their home country. You both need to weigh the risks out and determine if you want to live with them and with the uncertainty that comes with having the fate of your relationship in the hands of a USCIS adjudicator.

I suggest that you have a consultation with an immigration attorney to talk about these points and go over what evidence you may or may not need of your intention to return to the UK at the time of your entry in order to presuade an adjudiciator of those intentions.

In the end, it involves your life and is your decision alone. Your attorney cannot make it up for you, we cannot make it up for you, no one else can make it up for you. Think about it long and hard and make the best decision to fit your needs...

Remember that you have the rest of your lives ahead of you... Is waiting a few months for a visa worth the peace of mind of knowing that your path to getting permanent residency will be alot safer... If you went ahead with attempt to adjust on a tourist status, are you prepared with what you will have to do if it does go wrong...

Big decisions... don't take it lightly...

Edited by zyggy, 22 February 2006 - 04:27 PM.

zyggyNot TellingCanada2006-02-22 16:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHELP!


You sent in what you got at the time of the marriage and you didn't get an RFE?

We did not get a RFE for that. Maybe it depends on the individual country though.



You have to get it from the Registrar General of Ontario...

You need to fill out this form and send it to the Registrar General. You can request Expidited Processing due to your need for immigration. You'll need to include the letter that you got from the NVC requesting it

The link for the form is here

http://www.forms.ssb...File/11075E.pdf

I believe that want the "Long Form", but I would get one of each to be sure.

You can also apply for it in person at the following locations

http://www.cbs.gov.o...lish/4ULMNQ.htm

Edited by zyggy, 23 February 2006 - 11:31 AM.

zyggyNot TellingCanada2006-02-23 11:27:00
IR-1 / CR-1 Spouse Visa Process & Proceduresa question about the interview in montreal

Thanks a lot!!!! :)

Where I have heard K visas getting theirs the same day, I have never heard a CR-1 get their visa the same day in Montreal. Count on either giving them a prepaid Expresspost Envelope or staying until Monday or Tuesday...
zyggyNot TellingCanada2006-02-16 13:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDo you get a choice of interview dates? (Montreal)

Hi all!

My husband and I want to take a trip in late July/early August, but we just realized that we could have to do his interview around that time!! Do you get a choice of interview dates, or do they just tell you "Come on August 1"? And if it's the latter, can you call and say that you can't make that day because you will be out of town?

Thank you!! :) Have a great weekend.



You get what Montreal gives you... You have no choice in the matter...

I would strongly suggest that whatever you had scheduled, that you reschedule it. They are not very good with rescheduling anything...
zyggyNot TellingCanada2006-02-24 16:05:00
IR-1 / CR-1 Spouse Visa Process & ProceduresOh my God


I would not be worried, as you say you exited using USVisit where all your departure information was captured. If there was no overstay the system will reflect that and vice versa.

When that visitor departs and airport or seaport, we will verify his or her identity and capture their departure information. This tells the Department of Homeland Security if that person entered legally but yet stayed here illegally.


You'd think this would be the case that a checkout with USVisit will update the departure data. However, knowing the DHS, I wouldn't count on it. Most likely USVisit and I-94 databases exist differently and are not linked. Personally, I would make sure I send the I-94 and evidence of departure to the nearest CBP office.

Check out this link for USVisit and I-94 information.
http://www.twmlaw.co...es/usvisit.html

The biometric collection of the US-VISIT program is part of an effort by the Department of State and the Department of Homeland Security to create mutually accessible databases. Given the massive amount of data to be coordinated, employers and employees should plan on the occasional system failure, e.g., departure and arrival information not coordinated; computer error indicating no biometric match.

Employers should advise employees to keep their own record of their entry and departure from the United States and to return the Form I-94 on departure. This evidence might prevent an employee from being denied admission to the United States or otherwise jeopardizing his or her visa status. Employees should be advised that failure to participate in the US-VISIT program could affect their eligibility for future visas, admission to the United States, or maintenance of status for immigration purposes.


Did you keep the receipt that you got from US Visit. Did you get a passport stamp when you arrived in your arrival country. If so, you can include a copy of this when you send your card back. Your experience is not unique and is quite common. I would get into a complete panic about it, but take measures to return the card to the USCIS at the London KY address.
zyggyNot TellingCanada2006-03-01 08:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat to do after beneficiary divorces and remarrys a different applicant

Thanks for all the feedback on this and other forums ... let me try and clarify based on some of that feedback.

She came in good faith to marry the USC, though it was certainly not based on the thought of a long term marriage. Both parties were aware and this was not a scam of the USC. She was initial treated very well. In fact the marriage was consummated based on the initial time together. That all soon changed dramatically.

While I agree that the original process and petitions would probably have been denied, not the least of which is the fact they are second cousins, we are operating now under the assumption that the lack of attending the interview in December has triggered a process that USCIS will deny the application and probably close the case.

The I-485 app was the only additional paperwork that was submitted ... no application for SSN or a work permit.

We met with 3 lawyers.

The first said try to work it out with the USC (ostensibly, continue the fraud) or try VAWA, though evidence is thin of actual abuse -- he made an interesting point that those trying to perpetrate fraud or whom have no resources to leave are unfortunate enough to have plenty of evidence of abuse. Those who are able to leave under threat of actual abuse, often don't have evidence to back it up. Just anecdotal reports.

Luckily, she left before physical violence occurred. She had had enough of the emotional violence and physical threats and throwing things and the drinking and the drugging and the disappearing for days at a time. The mother-in-law took out a restraining order that I am getting a copy of to back our filings to USCIS.

The second lawyer brought up trying to calculate the 180 days and exit the country to keep from incurring the 3-10 yr. bar, and then starting another K1 or K3/IR1/CR1 process. As I said in my previous post, we've given up that course of action as we felt that we have either already overstayed past 180 days (or soon will) and we do not plan on having her leave the country in order to try and be a "test case" for interpreting the rules.

The 3rd lawyer who does primarily corporate immigration law (friend of a friend) suggested a "realistic approach". I had asked him how we could "work the system" in order to keep her here as long as possible, clean up / close her current application as easily as possible, get her a divorce and remarry her as quickly as possible, begin our own permanent status process as soon as possible -- all with keeping our separation down to the smallest time possible.

He said get a divorce and "paper" her current file with a certified letter and anything that would help support future process on why the original process was abandoned.

He advised that the overstay bar would only be triggered if she left the country. So keep her here, get married on our time line and then begin our process.

My confusion is, what process do we start after we get married? What forms do we file?

We've joked ironically with each other that we wished we'd met earlier so she never had to go through what she did ... that the process would be more legit and less hardship. We love each other very much and our mutual extended family is ecstatic that we found each other through all of this.

This is a start of a beautiful relationship that is marred by a legal entanglement that we'd like to make right ... even if it stretches the interpretation of the original intent of the immigration process. Ostensibly she will be here out of status for a bit, we will get her divorced (a process that is underway), get married ourselves and then proceed with a change of residency and AOS.

I appreciate any concrete assistance and guidance as to forms and processes you may be able to offer.

Jon & Aghavni (which means 'Dove' in Armenian)


Unfortunately there is no easy way to go about this...

She cannot just marry you and have you file the I-485 as she can only sucessfully adjust based on marriage to the original petitioner.

You have a choice...

She can try the I-360 and see what happens and stay or

She can go home and you can file a I-129F to get her to come to the US as your fiancee. However, if she stays past the 180 days, you'll have to apply for a waiver for her to come..


So lawyer 1 and lawyer 2 were both right, lawyer 3 was way off... they can't tell you what to do and neither can we... but those are your choices...

Best of luck with your decision.
zyggyNot TellingCanada2006-03-03 14:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat to do after beneficiary divorces and remarrys a different applicant

Just asking, because I don't know much about this stuff (Thank God) but is the husband's point of view taken into account for the I-360 form you mentioned? Just that the poster stated the following:

it was to be a paper only arrangement in order to gain a green card.

Also, the husband and mother in law are not helpful and in fact are antagonistic and now blame my girlfriend for the husband's emotional and addictive problems. Their theory is that he "fell in love with her" and was driven to emotional distress when she did not reciprocate feelings.

Just curious if both sides of the story are taken into account...


However, if the purpose of the marriage it was only to get a GC.. why didn't the OP stay through til they actually got the GC.

The I-360 does not take anything regarding the husband into account. However, you just can't file an I-360... you have to have independent documentation of the abuse for this type of adjustment to be successful by either an assessment by mental health professionals, police reports, photographs, letters from physicians who have seen the abuse, etc.

It should be noted that if the I-360 is filed, the USC spouse is no longer involved and is an affidavit of support is no longer in force.

Edited by zyggy, 03 March 2006 - 12:35 PM.

zyggyNot TellingCanada2006-03-03 12:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat to do after beneficiary divorces and remarrys a different applicant

I'm new to the forums and this whole immigration process ... I appreciate the helpful advice and support that I've witnessed in other posts.

I have posted this in a few forums I thought would be the best places to get some advice. Apologies in advance for the multiple posts.

My girlfriend and I met back in late October and started dating at the end of November. It's been a highly emotional and passionate love affair ever since.

She originally came over on a K1 visa to marry her second cousin in March '05. To be honest, it was to be a paper only arrangement in order to gain a green card. They married within the initial required 90 day period in California, but resided in Washington state.

Helen was biometric scanned by USCIS, second week of October '05.

She was given an interview appointment towards permanent residency status (scheduled for December 9, 2005 at the Seattle Field Office), but did not attend due to the need to flee emotional and escalating physical abuse from her husband.

1 month post nuptial, she discovered that her husband has a severe drinking problem, is a drug user and is verbally and emotionally abusive.

The abuse started to escalate to physical threats and acts on herself and the husband's mother who lived with them.

The mother-in-law has taken out a restraining order that I am trying to get a certified copy of from the Clark County, WA. Clerk's Office.

Helen fled to relatives in Florida in late October (just in time for the hurricane). She called the 800 number and told the customer service person that her husband was sick and she could not appear at the December interview. The rep said to write a letter of explanation. Helen did not write the letter nor appear at this interview.

Jump ahead ... we meet through mutual relatives, start dating, fall in love and we'd like to start our own process.

I'm looking for some confirmation and some "go forward" advice on processes from the forum. We've consulted several lawyers and basically, it comes down to the following scenario as I see it.

Get her divorced, paper her existing file with a certified letter explaining what happened, file any other supporting documents (like the current restraining order and copy of upcoming divorce judgment), we get married and start our own process.

At first, we concerned ourselves with the 180 day "out of status" calculations and tried to conservatively estimate when she would have to leave in order to not trigger a 3 or 10 year bar. Our thought was that she'd leave and we'd start a new K1 or maybe a K3 or IR1/CR1 process.

We've since abandoned that line of thinking as our consultations have led us to find out that there is no consistent guide or application of the 180 day calculation, and since ultimately, it should all be forgiven when we marry and file for AOS on our own, we won't endanger her by having her leave.

Can she continue the process on her own? What about filing I-751 on her own? I think we will have trouble establishing that the marriage was genuine as there was no mingling of bank accounts or property, etc.

Also, the husband and mother in law are not helpful and in fact are antagonistic and now blame my girlfriend for the husband's emotional and addictive problems. Their theory is that he "fell in love with her" and was driven to emotional distress when she did not reciprocate feelings.

Is there a helpful step-by-step guide on forms or processes we should be following? What should we be preparing? My assumption is that we start a IR1/CR1 process or start the AOS process after we get married.

I appreciate any and all advice anyone can give us in this matter. Also any tips of words of support form others who have gone through a similar scenario.

Thanks! Jon & Helen




Your friend needs to talk to a immigration attorney about this and request that an I-360 be filed so that she can adjust status based on emotional and physical abuse. You friend can adjust based on this petition. However, she could no longer file an I-485 based on marriage to a new husband as adjustment can only be performed by marriage to the original petitioner.
zyggyNot TellingCanada2006-03-03 12:02:00
IR-1 / CR-1 Spouse Visa Process & Procedurestax transxripts vs. tax returns

thanks for your input, now I only have one more little question:
if we use the transcripts, do we need the W2s from the tax returns?

Also, my joint sponsor hasn't file his 2005 returns yet and I know it has time till April but so many ppl write that now 2005 is the current tax year. It is ok to just send in 2004, 03 ans 02, right??



If your joint sponsor intends to use his own income only (and not those of his wife), then yes, he'll have to include the W-2's as well. If he does want to include his wife's income, then the spouse will have to fill out an I-864A as well.

If he hasn't filed for 2005 yet, then those aren't his latest tax returns.

Edited by zyggy, 06 March 2006 - 10:01 AM.

zyggyNot TellingCanada2006-03-06 10:00:00
IR-1 / CR-1 Spouse Visa Process & Procedurestax transxripts vs. tax returns

we sent Tax returns (copies).....and they were good, we got case complete :thumbs:



They actually prefer the transcripts...
zyggyNot TellingCanada2006-03-06 09:31:00
IR-1 / CR-1 Spouse Visa Process & Proceduresfilling I-130 in conjunction with I-485 and VWP

Yodrak,

Not what I was saying in the context of my reply to scy.......I was asking how is it grounds for denial at AOS if one has been honest at POE and granted entry. The law is that if one is granted entry they can apply to adjust status. If they havent lied on entry (which could be used against them) and are otherwise not illegible there is no reason that one wouldnt be approved AOS. The US government despite how it seems sometimes is not in the business of keeping couples apart that are both in the US, providing one is eligible of course.


aussiewench,

Are you sure about that first statement you've written? You seem to contradict it in your last statement, with which I agree.

Let's take an extreme and obvious example - a person requesting entry is questioned and truthfully answers that they are coming to the USA to lay low for a few years before poisoning the NYC water supply system. The law requires that having answered truthfully the person must be granted entry?

Yodrak



How??.....when if questioned or questioned and answers truthfully, one is granted entry. Thats what the law requires. See my first post and any other law pertaining to this.

To the OP...in addition to my posts. If your wife is questioned, she must answer those questions truthfully, ALWAYS.....or it could come back to haunt when doing AOS. It is very doubtful when they know she is entering with intentions to immigrate, that she will be granted entry.


Aussiewench...

it does not matter if they were admitted or not.. if they were asked the specific question or not... all that matter is if the intent was there at the time of entry. The fact that they were admitted to the US is inconsequential.

If at the time of entry one had the intent of immigrating to the US subsequent to that entry, then the entry based on a non-immigrant tourist status was fraudulent, pure and simple.

Edited by zyggy, 08 March 2006 - 03:14 PM.

zyggyNot TellingCanada2006-03-08 15:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAsk for help-URGENT.

I was just suggesting that I might consider applying for a TN if it meant I could officially live & work in the US faster, but I don't think they'll issue one after you've filed for CR-1 or K3, because that would show your intent to immigrate. (Kinda like they won't usually issue a visitor's visa [or let you into the US as a visitor] if they know you're planning to stay permanently.)

I hope that makes sense. :blush:



If one has immigrant intent.. one cannot get TN status period... If one has filed an I-130, one has put the US Government on notice of one's immigrant intent...

From NAFTA

1. Each Party shall grant temporary entry and provide confirming documentation to a business person seeking to engage in a business activity at a professional level in a profession set out in Appendix 1603.D.1, if the business person otherwise complies with existing immigration measures applicable to temporary entry, on presentation of:

(a) proof of citizenship of a Party; and

(B) documentation demonstrating that the business person will be so engaged and describing the purpose of entry.

This gives the basis for granting TN status.

Note that temporary entry is defined as

temporary entry means entry into the territory of a Party by a business person of another Party without the intent to establish permanent residence.

The above section of NAFTA describes why it's VERY sketchy to try to adjust when one is on a TN status...

Edited by zyggy, 08 March 2006 - 04:06 PM.

zyggyNot TellingCanada2006-03-08 16:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresGetting married April 20 I have a few questions

Stone,

What you need is commonly refered to as a "Single Certificate" I found a thread about it in the old forums, though it relates to marriage in China, it should be of some help.

[url="http://www.visajourney.com/forums2/index.php?showtopic=31708&hl="single+certificate""]US Single Certificate[/url]


Chok Dee

Ty




Hi Stone,

That might be a reference to the Thai house registration. Can you give me a link to where that is listed on the thaivisa site?

Ty



Hi everyone,
well I'm about a month away from starting the Visa process. Im excited but im sure I'll stat to get impatient very quickly. To my point, I am assembling all the paperwork I need to get married In THailand. On Thaivisa.com it says I need:
Certificate from your home municipality concerning notification of marriage.
Are they talking about a simple letter? Or is there a certain form or what? If anyone knows what I need please help me out and let me know where or from who you got it.

Thank yoU!
Stone


Ty,
Here is the link http://www.thaivisa.com/305.0.html

Thanks for your help.

Stone


This certificate would be available from the US Consulate. Call them to determine what is required to get one. From what I understand it isn't much...
zyggyNot TellingCanada2006-03-09 08:22:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTaxes

My wife is a USC living and working in the UK..and now has to file her federal income tax return..

Anybody offer any advice or help with this ?



She has to file a 1040... she can exclude up to $80,000 of income.. She does that by filing either an 2555 or 2555EZ.

If she makes more than that, then she can take a foreign tax credit on the portion above that by filing a form 1116.

The US Embassy in London has an IRS attache section. They give excellent advice to US expats in the UK...

Edited by zyggy, 13 March 2006 - 02:19 PM.

zyggyNot TellingCanada2006-03-13 14:17:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 and 864 Requirements


The insturctions for the 1 year of tax returns only apply to the USCIS regarding I-485 adjustment cases. They DO NOT apply to the State Dept and CR-1/IR-1 cases. So three years of tax return information will be required.

Im not so sure about that any more zyggy. When the new rules first came out it definately appeared as if it was only for adjustment cases. However going by the newly released U.S. Department of State Foreign Affairs Manual Volume 9- Visas and what has appeared on the US Embassy Manila website it may indeed now be including those applying for an immigrant visa at posts abroad.

This is an extract which is highlighted on the actual document.

(4) Certified copy of completed most recent federal tax return with all
supporting schedules that the sponsor had filled prior the time of
AOS signing. Each return must have all pages in the correct order
and must be stapled together.

Full docement here

US Embassy Manila

Additionally, petitioners (or cosponsors, if needed) filing an I-864 AOS are required to submit ONLY ONE YEAR'S TAX RETURN, CURRENT AS OF THE DATE THE SUBMITTED I-864 WAS NOTARIZED (this is a change from the previous requirement of submitting tax returns from the three most recent tax years).

The actual signed and notarized I-864 AOS must be an original copy. However, faxed copies of tax returns are acceptable.

Click here to read more about the required I-864 Affidavit of Support (NOTE: THE RECENT CHANGES IN I-864 AOS REQUIREMENTS ARE IN THE PROCESS OF BEING UPDATED ON THE MAIN U.S. DEPARTMENT OF STATE WEBSITE)

http://manila.usembassy.gov/wwwh3217.html


I would however suggest having 3 years until such time that this is stated in the instructions recieved from NVC with the I-864.



I hadn't heard about the new Foreign Affair Manual... I'm going to have to peruse it now... Thanks Lorelle..
zyggyNot TellingCanada2006-03-17 13:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 and 864 Requirements

Hi All,

I am trying to get things done as my I-864 will be coming shortly. And I want things to be done ahead of time.

I have had nothing but grief with this part of the process. We have had our original co-sponsors (my parents) back out because they read all the paperwork and freaked out ...We now have another co-sponsor and I just want to have things clarified and made as simple as possible so there are no surprises again...

Does anyone know how many years of tax returns are needed for CR1's?
Is it simply 1 year or 3 years? There was a memo on the USCIS website dated 12/21/05 that stating that some visas no longer require 3 years of tax returns. However, I can no longer find that memo on their site.

If anyone has any experience with this recently, it would be of great help to us.

Thanks,

-Rose


The insturctions for the 1 year of tax returns only apply to the USCIS regarding I-485 adjustment cases. They DO NOT apply to the State Dept and CR-1/IR-1 cases. So three years of tax return information will be required.
zyggyNot TellingCanada2006-03-15 09:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTravel on CR1

Hey guys, just a quick question... I don't think that you need an approved travel form to travel outside the country on a CR1, but I just wanted to make sure before my husband heads off to South Africa! If you know will you please write back??
Thanks for your help!!!



A CR-1 once activated is the same as a GC... no additional travel permits are required as far as the US is concerned.
zyggyNot TellingCanada2006-03-28 08:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWierd question: 1-864 and 2005 tax vs filling status


This comes directly from the IRS at http://www.irs.gov/p...01.html#d0e1644



I provide all the support for my wife (academic scholarship student) and stepson and I am entitled to claim them as dependents under U.S. tax laws. I have done so since 2003 and I do not worry at all about an audit.


Alcurin - My wife has been in the USA since May 2005, she did not work in Germany where she is from and did not work here in the USA. We got married on July 29th 2005 and she got her SSN# in Nov 2005. When in Turbo Tax I claimed her as a dependent - it said my spouse cannot have the same SSN as the dependent (her). How do you do this for your spouse and is it possible? (I assume it is, since you said you have done it for the past 2 years). Thanks!


You leave the SSN number blank and send the 1040 in with a W-7 to the International Tax Office in Philadelphia. They will issue a ITIN and process the 1040.
zyggyNot TellingCanada2006-03-02 09:13:00
IR-1 / CR-1 Spouse Visa Process & Proceduresstarting immigration for spouse while still in his country.

I dunno. We did ours in Australia. They charge American Dollars there - so I used my card to avoid a fee on HIS card.

It was no problem BUT we did DCF, so not sure if the same thing applies. I would assume a bank could get you the money in AMerican dollars? A certified check maybe?



You should be able to get an international money order drafted in US Dollars... especially from American Express. However, it would probably be easier to have someone in the US write the check for you... and you pay them back in some way...
zyggyNot TellingCanada2006-04-12 08:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAdjustment of Status, IR-2?

I'm not missing anything that's pertinant. I entered as an USC and my kids could only enter with me under the IR2. It is valid as record of perminant residence for one year. They have SSN numbers here in the USA, the visa was record enough to give them any identification and registrations they needed, etc.

When we did the Montreal appointment, we spoke actually with some rather 'higher ups' in the office, there was special attention on our case, everything was to be taken care of for us before we left.

We were told that Homeland Security should have picked up on the USC information in the very first application for the K1 where it asks about the birthplaces of both parents and given us a letter that recommended that we explore the option of USC before going through the full K1 process.

After explaining our situation in Montreal, we were reimbursed for a couple items (around $1200), but paid out around $1100 for the two children to file for the IR2s -- so really we never really got any of our money back, considering I did the medicals and all the other paperwork, it was like $2000 wasted at the start.

We were told by Montreal there would be no problem and that all we had to do was get my passport, send it back to Montreal. Montreal would stamp the kids Visas and send them back to me and the whole thing was finished in two weeks. They told us we'd paid for the IR2 and everything and we'd have one more cost to worry about, when the year was up, we'd get this paperwork and get perminant residence.

I suppose I'll have to call someone for information, this is a bit complicated.


I agree with Meauxna.. it is my belief that the children became US Citizens the second that their IR-2 visas were endorsed..

From USCIS Website: http://uscis.gov/gra...residing_US.htm

Does my child qualify for automatic citizenship under the CCA?

Under the CCA, your child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:
At least one parent is a U.S. citizen,
The child is under 18 years of age, and
The child is admitted to the United States as an immigrant.

Do I have to apply to USCIS for my child’s citizenship?

No. If your child satisfies the requirements listed above, he or she automatically acquires U.S. citizenship by operation of law on the day he or she is admitted to the United States as an immigrant. Your child’s citizenship status is no longer dependent on USCIS approving a naturalization application.

What documentation can I get of my child’s citizenship?

If your child permanently resides in the U.S, you can obtain evidence of your child’s citizenship by applying for a Certificate of Citizenship. You will need to file Form N-600 (Application for Certificate of Citizenship) and submit it to the local USCIS District Office or Sub-Office that holds jurisdiction over your permanent residence. You can also apply for a U.S. Passport from the Department of State.


At this time I would file a N-600 as well as apply for a US Passport..

Your children did not get Green Cards because they are not eligible for them.. they are US Citizens.

Edited by zyggy, 17 April 2006 - 02:49 PM.

zyggyNot TellingCanada2006-04-17 14:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAdjustment of Status, IR-2?

If you are saying that your children have their "conditional" Green Card, then they must apply to remove the conditions three months before the 2 year anniversary of their conditional GC. You use form I-751 to do this. Go onto the USCIS website, forms section, and you will be able to download the actual form and the instructions.

I have never heard about USCIS mailing you applications. Applying for anything is usually up to the individual requiring either the visa or change of status.

If I am incorrect, as I am not familiar with the IR-2, someone else here on VJ will correct me.

Good luck.



If both you and your husband are US CItizens, your children may be US Citizens as well. Have you looked into this avenue... you need to give us more details about your citizenships to be able to help you further...
zyggyNot TellingCanada2006-04-17 09:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1 or IR-1 ?

Not sure about whether you will get Cr1 or IR1 but if it is CR1 you will have to remove conditional status when you get to America.



If you are married for more than two years it should be an IR-1 visa.. ask the Consular Officer if the visa will be issued as an IR-1 since you have been married for more than 2 years...

You also can tell the CBP officer to list your status as an IR-1 because you have been married for more than 2 years at the POE when you enter the US on a CR-1.
zyggyNot TellingCanada2006-04-19 08:50:00
IR-1 / CR-1 Spouse Visa Process & Proceduresk3 and back for cr1

I also thought that you only need them if you had a joint tax return and are not using the spouse's income so they can see how much the individual person makes.


I have another question. What happens to the K3 visa when we all get our CR1? Do thez take it out, put the CR1 on top of it or what?? Does anyone know



They don't take the K3 out.. they cancel it by stamping it with a cancelled stamp. There are two boxes on the cancelled stamp. One states "with prejudice".. the other "without prejudice".

If the CR-1 visa is denied... the K-3 visa is cancelled.

However, if one was issued the K3, the CR-1 shouldn't be denied as the relationship issue has already been addressed. The only reason I could think a CR-1 visa would be denied after the K3 is if a crime of moral turpitude was committed between the issuance of the K3 and the CR-1 (in which case the alien would be deported anyways) and if the suppoort issue is not addressed.

Edited by zyggy, 20 March 2006 - 12:07 PM.

zyggyNot TellingCanada2006-03-20 12:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow long should I wait for an interview time in Cudad Juarez

Our case was alos sent to Ciudad Juarez on 02/17/06, we already have our interview set up for next week. We are going for the K3 visa. Hope you get yours soon.



There is a big difference in wait times for CR-1 interviews and K interviews in Cd. Juarez... This is one instance where filing for a K visa is better than DCF...
zyggyNot TellingCanada2006-05-01 14:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow long should I wait for an interview time in Cudad Juarez

deleted

Sorry.. it's true.. it could take even longer.. I had heard about a year...

And there's nothing you or your congressman can do... their backlog is their backlog...
zyggyNot TellingCanada2006-03-10 12:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 Divorce in Future - Help Needed

Well here is my story - I am a USC, got married 3 months ago overseas. The wife came here a month ago and has a CR1 visa and has her 2 year GC. She has totally changed since she has arrived, far different from the gal I knew and fell in love with. Her constant nagging is driving me up the wall. She became extremley upset when I refused to start paperwork to sponser her younger brother to visit us (I have a feeling that he would overstay and never leave). I'm a regular working guy and really can't afford any more financial responsibility. I have done everything I can to make her happy - put in a satellite TV so she can watch her programs from back home, got a good long distance company so she can call home more often, we go out to nice places, this summer she will be starting English language classes, gave her a generous allowance so she can buy what she wants, I encourage her to find a job if she desires, I told her I would buy her a nice home next year (still saving), we currently live at my moms. She wants to know what my life savings is - how much and where? if I don't tell her then I don't trust her and it will never work. I continue to refuse to say. She has told me 2x already that if I wanted to divorce "her" that would be fine with her. Everyday I bang my head against the wall trying to figure out what i am doing wrong? and why I can't please her? My fear is that if I try to divorce her, she will lie and cry "abuse" and how do I get her out of my moms place?
Is there someone I can talk to? someone I can report this to?

Nevada Joe



If you want to divorce her.. talk to a divorce attorney... they will guide you on what to do...
zyggyNot TellingCanada2006-05-11 10:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresExpired I-130

Ok, so yesterday my husband had his interview and didn't get the visa they said they are waiting for FBI checks.

I know the I-130 is valid for 1 year. We sent ours in July of 2005. Next month will be a year..what happens if he gets his visa in Aug past the 1 year mark?



I don't understand what you mean...

But if it refers to the petition validation date, the consulate will automatically extend it as long as you are actively persuing the visa.
zyggyNot TellingCanada2006-06-06 11:31:00
IR-1 / CR-1 Spouse Visa Process & Proceduresinterview in Montreal or Vancouver

Ditto what the others stated, sucks when youhave to tarvel a great deal just foir a 5 minute interview!!! But ALL cr-1, ir-1 goto Montreal. Montreal hands out the Visa the NEXT day around 2 pm, or you can give them a prepaid expresspost envelope. Goto the Canadian forum, and at the top is a thread called ther Canadian clearing house, lot of info regarding hotels in Montreal and other visa stuff.



As others have said, Vancouver only issues K visas. If you need a CR-1 visa, Montreal is the only Immigrant Visa Post in Canada and therefore is the only post that can issue Immigrant Visas.
zyggyNot TellingCanada2006-06-19 07:25:00
Removing Conditions on Residency General Discussionhow long does USCIS keep our files?
Forever...
zyggyNot TellingCanada2008-03-25 15:21:00