ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresPlease help!

Thanks for your response.

Does it matter which country we get married in? Can i go to the US and get married in court and then make my application and return to canada? or is it better for her to come to Canada and get married in a court here?


dont think it matters what country, as said above the quicker the marriage certificate is issued the better. You can marry in the states but you MUST return to Canada as you have intent when crossing the border. you might have some problems at the border though, as you are getting married and they will want to know that you are not trying to "immigrate" without the proper visa. It is not illegal to marry in the states nor do you need a visa for it but you will have to do the cr-1 visa.
its far too early for me, hope that made sense.
CanadiandggalFemaleCanada2010-11-06 03:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPlease help!

Hi,

I am a Canadian Citizen (in Montreal, QC) and am planning to get married to my girlfriend. She is a dual citizen of Canada and the US and she lives in Detroit.

I have read the other posts but am still very confused about which kind of Visa I need to apply for.

We are not married or engaged yet because we were not sure what we are allowed to do to make this process easier.

I am planning on moving to the US but since i do not have work authorization I am not sure if I can apply and remain in Canada and continue working and saving money until the process of getting my green card is complete?

I was also wondering if it was possible to apply for my green card and while we are waiting for that process to finish, if she can move to Canada?

Im assuming that the CR-1 is the one i need to complete...is this correct? (since as a canadian i can enter the US anytime) and also once the CR-1 application is sent am I allowed to go visit while the visa is being processed.

Thanks in advance.


If you two are not even engaged yet a finacee visa k-1 could be a better choice but if you marry I suggust cr-1. Yes you can apply for the cr-1 and then work and wait it out in canada. You can visit during the process just bring tons of ties to canada, letter from job,lease agreement and always be honest.
CanadiandggalFemaleCanada2010-11-05 18:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresError on Interview Notice
No it shouldnt be a problem, On my interview letter they used my maiden name as well. I didnt have a problem at the medical or interview, just bring her passport in the married name etc.
CanadiandggalFemaleCanada2010-11-07 12:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresThanks to everyone ...APPROVED!!!

CONGRATS I was approved today as well and i am still trying to get my head around the whole thing but I am SUPER HAPPY!!!!! Congrats to you!!!


Congrats!! Heck Ive been in the states for 5 days and Im still trying to wrap my mind around the fact that I am Now HOME for good :)
CanadiandggalFemaleCanada2010-11-05 18:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 Packet

Hi guys,

Almost ready to send off the I-130 packet and just wanna check we've included everything necessary.

cover letter
completed and signed form i-130
check for i-130 filing fee
completed and signed form G325a with photo (petitioner)
completed and signed form G325a with photo (beneficiary)
Copy of ALL pages of petitioners US passport
Copy of petitioners US birth certificate
Copy of marriage licence and certificate
Copy of ALL pages of beneficiarys UK passport
Copy of beneficiarys UK birth certificate
Copy of UK deed poll noting change of name as a child of beneficiary
completed form G1145
Copy of affidavit from petitioner and beneficiary
copy of affidavit from petitioners parents
copy of affidavit from the Pastor who married us
copy of our wedding invitation
proof of joint bank account
proof of joint utilities (electric, tv, internet)
proof of life insurance documents
proof of joint lease on condo
copy og IM chat
copy of letters to each other
copy of emails to each other
copy of facebook messages and wall to wall
copy of wedding cards sent to us
copy of passport stamps proving visits to each other (is it okay to just assume they can look at the copied pages at the start as proof of this or do i need to print them again)
photographic evidence from beginning of relationship up to the wedding

sound okay?

forgetting abything obvious?!

thanks


No I think you covered every base, That has got to be a big pile worth of paperwork, I think Mine was maybe 1/4 of that.
I doubt you will get a RFE, they will carzy to do so hehe
CanadiandggalFemaleCanada2010-11-10 13:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresProlong NVC Process

Hi VJers,

In contrast with all others are aiming, we are to prolong our NVC process. :luv: Husband and I are going to renew our vows on July 2011 here in the Philippines and we are worried that the visa might expire before our 're-wedding' date (since it only has 6-month expiry) if we pay aos and iv bills and submit aos and iv packets at this early.. ds 3230 have just been received by NVC and iv bill is generated. Hubby is hesitant to to pay it at this early. When is the best way to pay for it and send aos and iv packets? and, does all cr-1 visa expire 6 months after medical exam? Thank you all in advance!

--eia


Your Hubby can pay it whenever he'd like as they will not case complete your case without the aos and Iv packets. If you are worried about being approved too soon then wait a month or two before sending in the paperwork. yes it expires 6 months after the approved INTERVIEW date not medical date. You should be fine as long as your interview date isnt before March.
CanadiandggalFemaleCanada2010-11-11 08:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPlease help on the 864

I'm new. My husband, USC and me, Canadian citizen. We filed the I-130. I need help. My husband is employed in the US, makes 44k annually. We do not have kids yet. He does have an apartment, he does not own a home. Will we need a joint sponsor for the 864? He has not filed US taxes for 3 years cause he was living in Canada with me. This is his first year in the US since 2007. The poverty guidleines are confusing me. He has 3k in savings and my RSVP is at 10k, Canadian. Please help. I am overwhelmed. I filed DCF. Trisha



If he makes 44k as of this year with the current US company then yes you guys are good to go(no co-sponsor needed). I am sure there is a dcf forum, you could also message Birdnerd, she has gone through this recently and she may be able to help you with your questions.
I wish you luck :)
CanadiandggalFemaleCanada2010-11-12 09:39:00
IR-1 / CR-1 Spouse Visa Process & Proceduresa time question

I'm just worried that we might not have enough time for the k1 visa by now.. I wouldn't want to risk it since we have already put a downpayment on our venue


If you are not marrying till september you should be fine with the k-1 fiancee visa if you start it asap... the only other choice is get married and file cr-1 spousal visa but then you are going to have to cancel the venue anyways.

Edited by Canadiandggal, 15 November 2010 - 04:55 PM.

CanadiandggalFemaleCanada2010-11-15 16:51:00
IR-1 / CR-1 Spouse Visa Process & Proceduresa time question

Hi, I know this is probably asked a lot, so sorry for the repetitive nature of the question. I really couldn't understand those processing time charts

I'm a Canadian, wanting to marry my American fiance and move there to be with him. Our wedding is scheduled for next september, but the wait of being here in Canada is killing me so we're considering doing the legal marriage this december in order to cut some time off our wait. I'd really rather get legally married on my september wedding day though, so I'm trying to weigh if its worth it.

so the question is, from your initial filing, how long did you have to wait until you could enter the united states to stay?

thanks so much, I'm really torn about this issue so any advice could help.


Ok lets see, the current time-line for K-1 fiancee visa is in between 7months-9 months from start to finish. The cr-1 visa(spousal) is taking about a year. I suggest you two submit the fiancee paperwork asap and that way you can marry in September. :)

Hi, I know this is probably asked a lot, so sorry for the repetitive nature of the question. I really couldn't understand those processing time charts

I'm a Canadian, wanting to marry my American fiance and move there to be with him. Our wedding is scheduled for next september, but the wait of being here in Canada is killing me so we're considering doing the legal marriage this december in order to cut some time off our wait. I'd really rather get legally married on my september wedding day though, so I'm trying to weigh if its worth it.

so the question is, from your initial filing, how long did you have to wait until you could enter the united states to stay?

thanks so much, I'm really torn about this issue so any advice could help.


Unfortunately either way you will have to wait to move there but fiancee visa could get you there by may-july :)
where is canada are you located? as this could impact your timeline, Montreal is still quite backlogged
CanadiandggalFemaleCanada2010-11-15 16:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 to IR1 at POE, where is it actually written?

Hello,

This topic has been clarified and reclarified to death on this board. I know that, even if you have a CR1 visa, if you enter the US after your two year anniversary you can get an IR1 status stamp on your passport. Many people have said this and I know it's true because it's what we did :-P

My question is where in the law/regulations/guidelines/etc is this specifically written? I can't find it on the USCIS website.

I ask because we were given the IR1 stamp at entry after explaining/demonstrating to the POE officials, but now several months later in the mail we were issued at a 2 yr conditional GC. I'm scheduling an infopass appointment to get it fixed but I've already bumped into a USCIS official that doesn't know about this. I'd love to have something written somewhere that I can quote.

Any help would be appreciated.


you waited 7 months to receive your Green card?
CanadiandggalFemaleCanada2010-11-15 16:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 to IR1 at POE, where is it actually written?
What Is Conditional Residence?

If you have been married for less than two years when your spouse enters the United States on an immigrant visa, the permanent resident status is considered “conditional.” The immigrant visa is a conditional resident (CR) visa, not an immediate relative (IR) visa.

You and your spouse must apply together to USCIS to remove the conditional status within the ninety days before the two year anniversary of your spouse’s entry into the United States on his or her immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card). See Remove Conditions on Permanent Residence Based on Marriage on the USCIS website.

From http://travel.state....types_2991.html

Took me a few minutes to find hehe
CanadiandggalFemaleCanada2010-11-15 16:13:00
IR-1 / CR-1 Spouse Visa Process & Proceduresasking a noobie question

So when people get a sign in failed are they refering to the NVC payment portal? or a different area of the website

just wanted to know as I'm thinking this is suppose to mean their case at NVC has finished right (AOS and IV finished processing and being prepared to be sent to a consulate)?


When people say sign in fail or SIF this is refering to the NVC payment portal. This means that your case at the NVC has been completed and you are now waiting on the interview. Once you get SIF call nvc a day later to confirm.
CanadiandggalFemaleCanada2010-11-16 18:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresGreenCard
I have been told 4-12 weeks on the average. Mine has yet to show up, been here 3 weeks :)

hey....we poed the same day

Edited by Canadiandggal, 21 November 2010 - 12:24 PM.

CanadiandggalFemaleCanada2010-11-21 12:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI dont have tax returns etc.

i am 21 and i have never filed any tax returns etc what do i do when i send in my aos package i dont have any of that stuff?


I take it you are the petitioner? pretty sure you have to file your taxes unless you were ineligible and have not had to. If you have never had an income I think you can write a letter and you will definitely need a co sponsor. Wait for someone with more experience to help you :)
Good luck
CanadiandggalFemaleCanada2010-11-21 17:22:00
IR-1 / CR-1 Spouse Visa Process & Proceduresalways think I am careful.....

Whatever you read, you misinterpreted. If you sent complete tax returns you do not also need transcripts. Writing name and case number on every page is a good idea, not a requirement. Case number on photos is not required. If you did what you say you did, relax and have a happy holiday.


Agreed :)
I misread and thought you didnt send anything for taxes...Its either or, Not both :)
CanadiandggalFemaleCanada2010-11-25 11:38:00
IR-1 / CR-1 Spouse Visa Process & Proceduresalways think I am careful.....

So I sent out aos last week....and didn't send tax transcripts (did send copies of my taxes and w-2's)....the guides said transcripts were optional....but now I see otherwise, so will probably get rfe for that....then, I just sent iv package last night, and went over and over it, and see that I made 2 mistakes....forgot to write case number on every page :unsure: and I only wrote my husbands name on the back of his photos....didn't write the case number...this morning I saw someone got an rfe for not putting name and case number on the back of the photos. I feel so stupid, and we were moving so fast, and I have messed it up...


DOn't be hard on yourself. Sometimes things happened that you somehow over look. To be honest it all depends on which person looks at your paperwork, Tax transcripts well yes you should be getting an RFE but at least you will know what is needed. As for the lack of case numbers on paperwork and photos that is a 50/50 chance you may not get a rfe. Just get all your transcripts ready as well as anything else you were missing and be ready for a rfe, then send it off the moment you find out about an rfe, It shouldn't hold you back that long. :)
Good Luck
CanadiandggalFemaleCanada2010-11-25 09:25:00
IR-1 / CR-1 Spouse Visa Process & Procedureshow important is family and their friends?
Ha I would definitely of been denied if our family and friends mattered...I think That would be a little too much as we can only be ourselves and cannot control others.
CanadiandggalFemaleCanada2010-11-26 15:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat to do after POE??

I would strongly advise you to march over to the SS office right away and apply for one. The box on the DS-230 is not the most reliable. Also it takes ages for the info to process.

So you really should do it yourself. I did that on the Monday after I arrived and had my SS Card 4 days later. Granted it was only a name change since I already had one from a previous J1 visa, but it WILL definitely be faster if you apply in person.

2 Days later I got my driving license. I'm glad we got everything so fast by being proactive.



Or if you are me a ssn just randomly appears in your mailbox. I checked no on the ds230 forms even double checked yesterday and was going to go to the ssn office this coming friday. As i poe'd on oct 31st and someone said go on the 12th I think as they say to wait 10 days. Instead both my sons and mine just showed up in the mail box, I am not sure how exactly but I am not complaining :) Maybe because I have a ITIN number they just randomly thought hey have a ssn ? Heres to goodluck
CanadiandggalFemaleCanada2010-11-09 08:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat to do after POE??

Hey everyone, my husband and I arrived at Chicago yesterday. What do I do now in regards to his whole visa process?? He came here on an cr1 visa. How do we get a SSN? What exactly do I have to do in the 90 day period they gave us?? Im confused! I will post POE details when I get some rest! Thanks


Hmm 90 days, are you thinking of a k-1 visa?

If you checked yes on the ds230 form for the ssn then you sit and wait to see if it comes. If you ticked no on the ds230 for the ssn then you wait 10-14 days then go to your local ssn office and apply in person.
CanadiandggalFemaleCanada2010-11-07 09:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMontreal Interview Time
we showed up just before 7am and by 730 there was a line up. Four of us went up together and everyone was out by 9ish...I didn't get Out till 940 But they forgot to do my fingerprints so I had a bit of a wait. Still 940 was awesome. Show up for 7ish
CanadiandggalFemaleCanada2010-11-29 08:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 Visa & Green Card!
I poed on October the 31st and received my greencard on the december 12th. So did sara jane. I am sure it will be there soon as they say 4-8 weeks. You i551 will do fine for a trip back home, it proves that your are a us resident and is good for one year. have a happy christmas. :)
CanadiandggalFemaleCanada2010-12-13 14:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresGreen Card

My POE was on November 4 and still no SSN or green card... I too checked the box on the DS-230 to automatically issue. Wondering if where you make your POE makes a difference in how long you have to wait. Also wondering if I could go and file for a SSN even though I checked that box? Just don't want to cause any confusion.
Thanks for your help


Maybe I got my ssn like a week after I got here and I got my GC 5-6 weeks after Poe
CanadiandggalFemaleCanada2010-12-16 18:08:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPoverty Level

I see this mentioned quite often. What is the 125%.. Is this from the poverty level figure of 14k??
What is the required amount for 864form and for a spouse??


Click on the link for poverty level figures

http://www.uscis.gov...form/i-864p.pdf
CanadiandggalFemaleCanada2010-12-27 10:53:00
IR-1 / CR-1 Spouse Visa Process & Procedures2010 Tax forms

Im in the process of reading all the irs stuff OMG soo much stuff...It does say that if i Married during the year that he needs ti have itin number and apply as if he were a resident alien...even tho he has no ssn or residency here... I know i can amend later if i file without him...however a question for you...is HIS money considered taxable? He doesnt work for anything US based at all has no ties with US business but it scares me to think that if his income (which isnt much actually in US dollars) can be taxable to US...seems crazy to me but im wondering about what happened with you? Can you share your experience about your spouses income taxed or not taxed?
thanks,
Ameena


Honestly I cannot remember, He is the US citizen so It was my income you are thinking about and I didn't have a large sum something like 4-7000 dollars so It didnt really affect the tax return BUT He got HUGE return due to file jointly and adding my son as a dependent.
Almost time to do taxes and I can actually use a SSN this time, wont be such a big return this year though.
Good luck.
CanadiandggalFemaleCanada2010-12-29 07:38:00
IR-1 / CR-1 Spouse Visa Process & Procedures2010 Tax forms

That's what I thought--thanks! I might try to follow Loto's instructions for applying for an ITIN for my husband when I file...but then again, maybe we'll get lucky and get an interview date before April! And I suppose if it's cutting it close, we can always file for an extension...it might be worth it to simplify things (by waiting on our interview--if we'll have one in time--and just using his SSN once he gets here).

Thanks!


I did not find doing the ITIN application February of this year to be hard, it was actually quite simple. Although It does suck that they want passport Id. From filing date to date of received direct deposit refund it was 5-8 weeks. We received the ITIN's within 4 weeks and we used the online system to see if our return was processed... here http://www.irs.gov/i...d=96596,00.html
CanadiandggalFemaleCanada2010-12-20 14:40:00
IR-1 / CR-1 Spouse Visa Process & Procedurescr1 entry

Excuse the comment but why isnt he contacting the US Embassy or he should already know the status of his case
I dont mean to be rude but why is he asking some body here when he has the Embassy to contact and get details of this ? ? ? ?
Surely we dont know ALL DETAIL OF YOUR SITUATION..but how do your think they will just change it from a CR-1 to a IR-1
if they dont have the paperwork. USCIS cant make changes along the way if they are aware of your changes along the way
unless you advise them of your situation. Upon Entry the US INS cant make a change out of noplace, without documents
and of what your trying to do. INS at the border just allows or disallows your request to entry. Without
the Embassy's yellow envelope how will he entert the USA at the border. To file a IR-1 you have to submit paperwork so upon entry they have the correct info from the Embassy on the status of the Visa and the and kind of Visa your entering the USA on.
Visa entries to the USA are limited usually to 6 month after they are issued to come and enter the USA.
If you come after this time you have to re apply for a new Visa since the one you have has expired 6 month after being issued.

Better go to the US Embassy and ask them and be sure you have and can enter the USA with a expired Visa

And regardless who or what time frame it is. you cant have a visa expire and come into the US later asking for something else but what the Embassy provided them but a CR-1. He should go to the US Embassy to ask them or e mail and ask the Visa office what they suggest to do. Thats the only word he needs to worry about. USCIS HAVE RULES THEY MUST FOLLOW ALSO, and we cant just change them to make them fit our needs. Thats why they have regulations and procedures & rules to follow also.

Good Luck



Did she say that she had an expired visa? do you know the exact date that she got the visa? Probably not...right?

It is truely up to you if you feel you want to wait the extra two months but like said by other posters make sure that your visa does not expire by that time. You will have to tell the POE the new information and hope they change it. if you do get a cr-1 and it is after your second anniversary, you can always make appointment when you get here to try to correct it.

Edited by Canadiandggal, 27 December 2010 - 08:50 AM.

CanadiandggalFemaleCanada2010-12-27 08:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiled the I130 what do I do next
You filed the i-130 correct? You do not file anything more... you will go through NVC where they will want some documents then you wife will get a medical and go to a interview, from there she should be issued a ir-1 visa if you two have been married over 2 years.
CanadiandggalFemaleCanada2011-01-05 20:17:00
IR-1 / CR-1 Spouse Visa Process & Proceduresjoint bank accounts
Wachovia,M&t bank and PNC all allowed me to be added to my husbands account without a SSN.
CanadiandggalFemaleCanada2010-12-22 11:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSocial Security Card
Depends most people check off yes on the ds230 for ssn but sometimes it doesn;t arrive so if it has been 10 days or more, you can go in to apply.
CanadiandggalFemaleCanada2011-01-06 09:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffadivit of Marriage
My mom did an Affidavit for me and I sent her this to use.

Third Party Affidavit

Toronot, Ontario, Canada June 4th 2009


In re application for a Visa for the United States of America

Evidence in support of a bona fide marriage between [NAME], Applicant, and [NAME], Beneficiary


AFFIRMATION OF Karen Grace


[NAME], being duly sworn, deposes and says:


1. I am making this affirmation in connection with the application of [NAME] for a Visa for the United States of America. The contents of the affirmation are based on my own knowledge and are true.

2. I was born on [DATE] in [TOWN, COUNTY, COUNTRY].

3. My address is [TOWN, COUNTY, COUNTRY].

4. [NAME], the beneficiary, is my daughter.

5. [WHEN THRID PARTY FIRST MET / BECAMAE AWARE OF RELATIONSHIP OF PETITIONER AND BENEFICARY]

6. [OTHER OCCASIONS THRID PARTY HAS WITNESSED FIRST HAND, WHICH CONFIRMS THE RELATIONSHIP IS GENUINE]

7. I have visited [NAMES] in their home in [PLACE], and found them a very happy couple and obviously in love.

8. I was a witness at [NAMES]wedding on [DATE].

9. I have personal knowledge of the bona fide of [NAMES] relationship. Their marriage is legitimate, viable, and not entered into for any immigration-related purpose.


_________________________

[NAME


Sworn before me this _______ day of _______, 2008


_________________________

Edited by Canadiandggal, 11 January 2011 - 11:33 AM.

CanadiandggalFemaleCanada2011-01-11 11:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresEntering Canada to get married

Hi!
I (US citizen) am planning to enter Canada and get married Jan.22, 2010 to my Canadian Fiancee. We plan to live there about 6 months before coming to US. We will start
k1 immediately following the wedding. What may I be asked to present to the Border Officials when I attempt to cross into Canada to get married and stay there the 6mos.?


Yep you are thinking the cr-1 and it is taking approximately a year from start to finish. You will just produce your us passport
CanadiandggalFemaleCanada2010-11-30 12:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarried, and finally ready to start CR1 :D

Correct but the OP can file AOS packet along with the I-130 and all be well right? I'm not talking to file the stand alone i130 if the spouse in in the usa .. The aos packet must be filed to adjust... The i130 does noting but proves that a relationship present.


Your sentence has just confused me...

No she does not have to file the AOS packet as she will need to file a cr-1 visa which consists on The I130 NO AOS. She will not AOS period. I have never heard of someone being able to file a i130 and a aos along. Maybe you are thinking of a i129F and then the aos.

Thank you all very much :)

I know about not overstaying haha, and I've got 2 B2 stamps in my passport so I learned about the 6 month rule a couple years ago.

I've been saving up all the documents and pictures I can. Recently added to the collection: Receipts from hotel after wedding, more boarding passes, wedding pictures, and of course wedding documents. My collection folder is getting fat quickly :lol:

Anyway, I just wanted to make sure I had the option to be with him when he petitions (double check all my info, help him with questions, be ready to jump on VJ etc lol)


I should add. We sent the petition while I was here in the states and I spent the next 3 months with him.
CanadiandggalFemaleCanada2011-01-10 19:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMarried, and finally ready to start CR1 :D

Isn't it that even if she should overstay and is married to a US. Citizen while here ANY overstay, unlawful presence etc would have beeb forgiven and so would be allowed to adjust status to a resisent?


No because she is doing the cr-1 , that only applies to AOS people.
If she overstays she would be denied at the interview and would need to do a waiver to overcome the ban.

Never risk yoru future for one day when you have the rest of your life to look forward to :)
CanadiandggalFemaleCanada2011-01-10 17:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling for Spouse & her child?

NVC won't deal with this issue. Unless a member knows exactly what will be needed, it's best to email the Consulate directly for the answer. I wouldn't pay an attorney just to answer this question. The Consulate will do it for free.


I guess that would work too, Just expect a long wait to get an answer. It is best that you start emailing them now rather than later on in your journey. E-MAIL: MONTREAL-IV-DV@STATE.GOV
CanadiandggalFemaleCanada2011-01-14 13:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling for Spouse & her child?

This was what you wrote on the subject. "You should not have to get permission from his dad if he is not on the birth certificate and does not see his son but you never know." It's not an answer, much less a Canada specific one. My point is not only is it untrue that you "never know" but you in fact, you "must know". What seems "should be" is of no importance whatsoever. The OP needs a Canada or perhaps even provincial or county specific answer as to what "is".


Which is why I said clarify with NVC or a Immigration lawyer. As all I KNOW is that If the father is Involved or on the birth certificate You will NEED a Court order or a Notarized letter from the other parent But I do not KNOW for certain when the father is not present or on the birth certificate. SO my best advice is to seek an answer through NVC and a Lawyer
CanadiandggalFemaleCanada2011-01-14 12:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling for Spouse & her child?

Never say never. It is well known that in the Philippines, unless the father marries the mother, they have no parental rights, no matter how involved they might be in the child's life. I'm not aware of any other country where it's quite so cut and dried but in the PI, it's that simple. So, now YOU "know".



This is Canada, so a Canada specific answer is needed.


Pretty sure I was giving a Canada specific answer, but I guess not.

IN most cases IN Canada you need a notarized letter or a court order to leave the country .. I got a court order however there have been people who have moved without any consent when the father was considered unknown (not on the birth certificate)
I would clarify this will NVC or a immigration lawyer.
CanadiandggalFemaleCanada2011-01-14 05:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling for Spouse & her child?

Hello that funny , because if your filing a i-130 for your spouse you do not have to file a separate i-130 if the child will come up with the parent. for ir/cr visa the child can migrate with the parent or wait 6mos, but after the 6month date you will have do a i-130 all over.when you do the visa application it will ask you all children , and the children that will migrate.


I am sorry but you are wrong. A i130 must be filed for a child of a cr-1 , Its called a cr-2, the child is a separate visa petition that is connected together at the NVC stage.

You are giving this person bad information, Unless this has change in the matter of a few months.

Purpose of Form :
For citizen or lawful permanent resident of the United States to establish the relationship to certain alien relatives who wish to immigrate to the United States.
Note: A separate form must be filed for each eligible relative. USCIS processes Form I-130, Petition for Alien Relative, as a visa number becomes available. Filing and approval of an I-130 is only the first step in helping a relative immigrate to the United States. Eligible family members must wait until there is a visa number available before they can apply for an immigrant visa or adjustment of status to a lawful permanent resident
CanadiandggalFemaleCanada2011-01-14 05:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling for Spouse & her child?

Hello,

Ok,

Yes you must file two i130's one for your wife and one for her son. Also no g325a is needed for the child.

You should not have to get permission from his dad if he is not on the birth certificate and does not see his son but you never know.

You want to show proof of relationship not really proof of marriage, emails,photo logs,chat logs,letters ,cards,plane tickets, hotel receipts , notes from friends, anything that shows you two have a relationship.

http://www.visajourn...tent/i130guide1



I should also mention you can send it all together in one package, My husband sent My son's and mine in one package , both had there own paperclips and checks.

Edited by Canadiandggal, 12 January 2011 - 08:54 PM.

CanadiandggalFemaleCanada2011-01-12 20:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling for Spouse & her child?

Hello,

I'm new to the whole forum thing and I am just looking for some guidance if anyone has any.

I just recently married a Canadian citizen on Dec 29th, 2010 in Chicago. We have planned for her to move down to the states with her 5yr old son. I have a few questions.

Do I have to file a seperate I-130 for her son? you can send them as one package though.Since the father is not listed on his birth certificate and she has sole custody(never married) do we need to obtain permission from him?

I've read that we have to show evidence of the marriage, other than the license, is their any other proof that we can provide since we just got married not more than a few weeks ago?

If anyone can help with these questions, we would surely appreciate it!



Hello,

Ok,

Yes you must file two i130's one for your wife and one for her son. Also no g325a is needed for the child.

You should not have to get permission from his dad if he is not on the birth certificate and does not see his son but you never know.

You want to show proof of relationship not really proof of marriage, emails,photo logs,chat logs,letters ,cards,plane tickets, hotel receipts , notes from friends, anything that shows you two have a relationship.

http://www.visajourn...tent/i130guide1

Edited by Canadiandggal, 12 January 2011 - 08:47 PM.

CanadiandggalFemaleCanada2011-01-12 20:43:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDS 230 and I 864 questions

For the DS 230:

On the question:
In what occupation do you intent to work in the United States?

I Put Unknown

Should my husband put "not sure" or should he put what he has experience in?

Also asking for ALL children (#29) they mean children of him right, since the application is for him? Just making sure....
All of his children

For employment (#32) List below all employment for the last ten years.........what if there is a two year break? Should he put anything there?

I put all employment and if there was a time I put the reason. "2005-2007 Unemployed.


For the I-864:

Where you list your income I want to list a small pension I get monthly from a divorce. It is income and I will receive it for the rest of my life. Should I list it as a second employer? I have W-2's from them and also a letter stating that I receive the pension, when it started, how much I receive per month and year, and that I will receive it for life. They're not exactly my employer but I don't know where else to list it and also list the income.

Thanks! :D


Edited by Canadiandggal, 14 February 2011 - 11:33 AM.

CanadiandggalFemaleCanada2011-02-14 11:32:00