ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresCan you apply for K-1 visa if you are married?
No, it's not legal and anybody who does this will likely wind up in a bad way.
magdasalMalePhilippines2010-08-31 18:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 just got sent back

Hey JC
Was just going through your post..Seems like lot of people have already responded.. :)
Me too had filed for my wifes i130 which returned back coz of part c address, but I think I actually l had a mistake. in the notice of rejection they usually state name...dob..country of birth as such..In my case it said Country as "Unknown" I checked my I 130 and its screwed up coz i filled it online so the form did not accept State/Country altogether ..as a result they can see only state after printing it and a big + sign..so it was not clear.
But like ur case i have stayed in India and both of us have studied pretty in same schools till 18. We got married this June`10 and I stayed in India at my parents place for 2 weeks only. I put that 2 weeks as duration of staying together..
anyways lot of stuff i guess :)
letsee m a bit angtsy coz u never know what the USCIS guys r expecting..
Will send out my packet tday..
tc
swap


Good point about that, BTW. Watch out when filling out the PDF form they provide. When you fill that thing out and print it, the printer often cuts out anything that doesn't exactly fit in the boxes on the form. It is not really WYSIWYG. And I could never figure out how to change the font size, so the filled in PDF form text uses much more space than it should.
magdasalMalePhilippines2010-09-06 18:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 just got sent back
This is insane. It's not even made clear what living with your spouse means....what legal standard are they using? The truth is, they aren't using any legal standard at all...they are 'eyeballing' it, combined with the rest of the forms and the 'evidence' to decide. The entire process is totally subjective. There is nothing you can do to guarantee approval. They were, at least, very honest about that.

This kind of ambiguity is just nuts. USCIS never defines the terms they use. What does "give that last address at which you lived together" mean? Lived together, really? Define "lived together". They don't do it. Is this a "red-flag" question? Don't fill it out, because you use the standard definition of domicile and you are lying? It may be. Maybe an immigration lawyer understands this kind of gibberish, based on precedent, but how can someone who isn't an expert in immigration law know what they are talking about?

This question is so noxious that I've now changed my I-130 form 5 times because I really have no idea what their standard of "living together" is. It's enough to drive you crazy. And there are many more questions on these forms like that. I don't hate the people who work at USCIS...I just hate the people who wrote the laws that allow this kind of psychopathic idiocy to work it's way into the system.

OK, I feel better now...I got that off my chest.

Edited by magdasal, 19 August 2010 - 07:47 PM.

magdasalMalePhilippines2010-08-19 19:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDo I have an NOA1 here?

Why would you expect that an I-130 petition, leading to a CR-1/IR-1 visa, would be processed at the Texas Service Center?


Hi Darnell,

I was looking at the USCIS site which described which service centers service which parts of the the country. My state fell under the Texas Service Center...I think I've read quite a few timelines where I-130 petitions were routed to regional service centers from Chicago. Looks like that has changed (or maybe this is normal, I don't know), so I was just curious about it.

Congrats on the notice ! Good Luck !


Thank you so much!

Edited by magdasal, 03 September 2010 - 09:07 PM.

magdasalMalePhilippines2010-09-03 21:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAos problem...Not enough income.

How far off the mark are you guys? could he pick up some additional hours on a second job to get you there? 


DRboundMaleDominican Republic2014-02-10 07:48:00
Middle East and North Africaread that and tell me if u want me to conutny or to stop
Apologies, I didn't intend to offend here...I just didn't get it at first.

But if this is what I now think it is, then I understand...not a IR1/CR1 question, but certainly something the OP feels a need to discuss.

Some very hard stories around here sometimes.
magdasalMalePhilippines2011-04-04 19:30:00
Middle East and North Africaread that and tell me if u want me to conutny or to stop
Um...I going to go out on a limb here and guess that this isn't an IR1 question...am I right?
magdasalMalePhilippines2011-04-04 19:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Advice for newly self-employed

The number of concern on your 2010 tax return is line 22. As a self employed person, that is also what you state as your current income. AGI is not a consideration for your situation. Yes, I would document the assets and provide the tax returns and expect to be approved. NVC reviews but does not "approve" your I-864. That's entirely in the hands of the Consular officer.


Thanks a lot pushbrk! Line 22 of 2010 tax returns is what I'll use. So I'll include my 2010 tax returns with the I-864 as well as my bank statements. Out on monday then (I've completed the 2010 returns, just haven't mailed them yet)!
magdasalMalePhilippines2011-03-25 18:38:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Advice for newly self-employed
Fairly straightforward situation, but I really don't want to be asked to provide a co-sponser if I can avoid it :blush: This is for an I-130, btw.

I'll start by telling you what I have and what I want to show.

1) I have cash assets (bank accounts & liquid money market fund) well in excess of what I would need if I had zero income and wanted to sponsor my wife on assets alone (i.e., with zero income, I have a good bit over 3 times 125% of the current poverty level). I'm just not sure how they (NVC/embassy CO) looks at that. I'm under the impression that the interviewing CO has a lot of leeway in determining if they are convinced a petitioner can support the beneficiary. I've got the bank statements to back it up too.

2) In 2009, I had a miniscule amount of paying work. Only about $7000 in income, but I had a good deal of savings to tide me over until late 2010. That was also the period of time I married my wife, who is still in her country.

3) In the last quarter of 2010, the company I had been contracting for emerged from bankruptcy and retained me as a self-employed contractor (my choice, btw) and a very nice hourly rate and I've earned back more than enough in assets to sponsor my wife and have a very good monthly income for the last 7 months. I have no contract, etc with that company...they just renew the PO for my contract services monthly and I keep working and making money.

So, even though I only started earning income again in late 2010, it's more than enough money (AGI, on my 2010 tax return) to sponsor a spouse. But for 2009 (in the last 3 year range), my income is negligible.

What do you think? Even though I don't have to provide the 2010 tax returns, which would provide good evidence of my current income, should I include that with the I-864 along with the 3 previous years transcripts? I really want to convince them beyond a shadow of a doubt that I meet the sponsorship requirements.

Also, I'm planning on including bank statements for the last 6 months...that would show the deposits I make for the from the work I've been doing for the past 7 months. Would that help in the I-864 package?

Any advice welcome.
magdasalMalePhilippines2011-03-25 18:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffidavit of Support question
Yeah, on the 1040, rent income should, I think, go on line 17 and on a schedule E. It counts toward the line 22 total, so if it's a about $3,000 a year, it will help you do this without a co-sponsor, if that's the way you want to go.

The co-sponsor looks like a pretty sure deal though, based on the raw income you listed for your brother.

Edited by magdasal, 27 March 2011 - 02:55 PM.

magdasalMalePhilippines2011-03-27 14:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffidavit of Support question
I think your brother's co-sponsorship is more than sufficient.

In any event, the 15,832 alone isn't enough to do the trick, but based on your brother's co-sponsor income, I can't imagine how you would have any difficulties.

My understanding about USEM's being strict on AOS is that it applies mostly to K-1 visas.

Edited by magdasal, 27 March 2011 - 02:43 PM.

magdasalMalePhilippines2011-03-27 14:41:00
IR-1 / CR-1 Spouse Visa Process & Procedureshow to find my filling location?
Great! Good luck to you on your journey :)
magdasalMalePhilippines2011-04-02 12:23:00
IR-1 / CR-1 Spouse Visa Process & Procedureshow to find my filling location?
Did you recieve an NOA1 hard copy in the mail? It says right at the bottom of the I-797C (NOA1) which service center you were assigned to.
magdasalMalePhilippines2011-04-02 11:53:00
IR-1 / CR-1 Spouse Visa Process & Procedureshow to find my filling location?

yeah i got my NOA1 long time ago.i will check on it


Yeah, make sure to keep up with your status on the USCIS website. Sign up for an account if you haven't already. It should show you there:


https://egov.uscis.g...ectusertype.jsp
magdasalMalePhilippines2011-04-02 11:38:00
IR-1 / CR-1 Spouse Visa Process & Procedureshow to find my filling location?
USCIS will notify you of which Service Center they sent your petition to when you get the NOA1. It's pretty much based on service center work load so you won't know until then.
magdasalMalePhilippines2011-04-02 11:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNeed Lawyers?
I suspect most people here on VJ didn't use a lawyer, since this is really a 'do it yourself' site. And there is no reason to use a lawyer for most visas unless you have some heavy complications...or run into severe trouble during the process.

And, as has been attested to many times here by many who turn it all over to lawyers...they mess the process up quite frequently, costing additional time and money. So I think there is more risk in using a lawyer than not.

There are some very outstanding lawyers, mentioned here on VJ for trouble cases and from what I read, they get good results...but are usually a last resort when something terrible happens with the process.

If you've got a straightforward case and want to *know* it's done right, then I recommend you do it yourself.
magdasalMalePhilippines2011-04-02 10:06:00
IR-1 / CR-1 Spouse Visa Process & Proceduresdid i passed my interview?
Congratulations :dance: :dance:

Ya know, I wonder why they just don't say 'You are approved!' anymore? I read that they used to do that not too long ago.
magdasalMalePhilippines2011-04-03 09:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNo approval, No RFE, No touches yet

any Jan filers in same boat?


You should find a lot of folks in your boat...5 months seems to be pretty average, with plenty going over that.

Just try to put it out of your mind for now. Makes the time go by faster...then one day soon, it will come.
magdasalMalePhilippines2011-04-06 17:41:00
IR-1 / CR-1 Spouse Visa Process & Procedures2010 TAX ? whats the best way ? Extend or Single or Married

DO NOT file as "Single" file Jointly, or married separate filings. I have seen visas denied when a couple file as single.


Oh man, don't tell me that :unsure:

This debate pops up here all the time and I went the other way. I guess I'll find out soon if that kills it.
magdasalMalePhilippines2011-04-04 19:11:00
IR-1 / CR-1 Spouse Visa Process & Procedureslost passport by consulate
Did you try calling the consulate? It's harder for them to dodge a phone call than an e-mail.
magdasalMalePhilippines2011-04-07 17:37:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs this a common NVC recording responds?

I wonder if there could be a thread that list out all the automatic voice recording of common status of paper work. That would be nice.


You mean like this one?

http://www.visajourn...mated-messages/
magdasalMalePhilippines2011-04-11 18:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNVC so slowwwwww!!! is it normal?
In my experience, it's not so much that the NVC is slow...it's their feedback that's slow. The AVR system, in particular, lags actually processing badly. I sent a package in and waited 7 days for the AVR system to even acknowledge the fact that they had it...and when the AVR system acknowledged it, it announced that I already had an RFE...which took an additional 7 days to be e-mailed to me.

So things happen fairly fast...you just don't get notified until a week or more after they've happened.
magdasalMalePhilippines2011-04-20 19:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresApproved CR1 visa but worried!
My understanding of this process is that 'approved' is approved! The other stuff will be sent to her. They didn't ask for anything because they didn't need anything more to arrive at their decision...based on the way you described the interview, it was a cursory 'already approved' interview.

In other words, stop worrying, take 'yes' for an answer and start celebrating...you've got it made!

Congratulations :dance: :dance: :dance:

Just book the next flight here when she gets the visa delivered.
magdasalMalePhilippines2011-04-05 20:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresForgot to send Payment

So they will send it back in a few days ? :) :)


Well, I don't work there so I can't make any promises about the exact time frame...but it won't take too long before they realize they didn't get their money...and they do send those packages back with a letter explaining that they want the money before the will even attempt to process the package.
magdasalMalePhilippines2011-04-13 20:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresForgot to send Payment

There's no way to send it as an addendum to the original package ?


I'm pretty sure they will send it back to you. You will have only lost a couple of days anyway. Just wait until it comes back then resubmit with the check. If you send stuff to them without a documented request from them (i.e. A letter from them), things tend to go very wrong.

No big deal...just a few days.
magdasalMalePhilippines2011-04-13 19:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMNL case number just last year. Is this still valid???

My Uncle told me he already paid for the immigrant visa fee. Now, since they already have MNL case number, are they eligible for an interview? Can they now set their appointment and go ahead for their medical?


Um no and no...your uncle has to send in the forms first..then NVC will review them and let you know.
magdasalMalePhilippines2011-04-01 20:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMNL case number just last year. Is this still valid???
Darnell has all the info you need right above your last post, so I won't repeat any of that. Those links he gave lay out everything you need to do, step by step.

Yes, if he has a case number (MNL number), then the I-130 petition must have been approved by USCIS already. So that long step is out of the way...he's 2/3 of the way there.

Sounds like the fees have not been paid yet, but the dad would need to confirm if he's already made the payments or not. They stay in 'Processed' status until the check/credit card clears.

I assume the dad is the petitioner (and also the agent?). If so, he will have to take the steps necessary to get this done. The dad really needs to contact NVC ASAP. After he follows Darnell's instructions about what to say, that should 'reset' the clock and give you another year from that contact.

Again, Darnell has it all laid out step-by-step in the links above.
magdasalMalePhilippines2011-03-31 20:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMNL case number just last year. Is this still valid???
I'm not completely sure I understand all of the details you mentioned about this situation, but what I am sure of is that your cousin's case at the NVC is valid for 1 year from the time the petitioner last had contact with the NVC. If case number you mentioned was issued in AUGUST of last year, it will remain valid until AUGUST of this year, so it should still be active. I hope that helps answer one of your questions.
magdasalMalePhilippines2011-03-31 19:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUSCIS Update

This was odd.. I was never notified of my RFE by email but now I see they emailed me about responding to my RFE..

The email makes no sense.. 1st paragraph they they talk about receiving my response..2nd paragraph they talk about receiving a timely response..
This is confusing lol either they received or they are waiting to receive.. I know they got the evidence today..

On May 2, 2011, we received your response to our request for evidence. This case is being processed at our CALIFORNIA SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

Once a timely response to the request for evidence is received by USCIS, we review the evidence or information you submitted. If you submitted the requested evidence, we continue with the adjudication of your application or petition in light of the new evidence.


I think that second paragraph is just USCIS-speak CYA boilerplate telling you what will happen after they get your RFE (which they have). They do a lot of cut & paste in their correspondence I think.

BTW, USCIS doesn't really notify you of much (I don't think RFE's) by e-mail except NOA1 & NOA2. Even then, it's not noted for reliability. You always have to wait for the snail-mail RFE to arrive anyway to even tell what it is about. Usually you just check the USCIS case status portal every day to see if anything has changed or you get an RFE. You should set up an account here and add your USCIS case number to that. It's usually reliable:

https://egov.uscis.g.../jsps/login.jsp

Don't be shy about calling USCIS either if you think something is wrong, especially with an RFE.

NVC does work pretty well through e-mail for their notifications.
magdasalMalePhilippines2011-05-02 20:49:00
IR-1 / CR-1 Spouse Visa Process & Proceduressponsor/income

does anyone know how much yearly income does my husband need in order to sponsor me so we dont get denyed?


Sure, if it's just the 2 of you in the family (no children or other dependents), it's $18,387. See here:

http://www.uscis.gov...00045f3d6a1RCRD
magdasalMalePhilippines2011-05-08 15:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHELP!!!!
Wow, that is a bad break, sorry to hear about that. Was there any explanation from the USCIS as to why you never got a notification (RFE) about the missing page? Did you get an NOA1 when the package was sent in the first time? Has your husband gotten an NOA1 when he sent the package a second time?

In any event, getting a Senator involved after only one month isn't likely to help, unless you can show that the USCIS was negligent with the first petition.

Best of luck on your journey...it's probably not much consolaton, but at least you are back in the game now.
magdasalMalePhilippines2011-05-08 16:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNVC

finally SIF :)


Congrats! I got a SIF today too :dance: But, the web site has a banner up top saying they are currently performing system maintenance and you may not be able to make payments today...I hope the SIF isn't really because of the system maintenance.

Edited by magdasal, 14 May 2011 - 07:51 AM.

magdasalMalePhilippines2011-05-14 07:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130

Can anyone tell me if I made a huge mistake. It seems when I submitted my I-130 to lockbox in Chicago I failed to put my wife's "date of first marriage" on the G325-A (biographic info). I have a receipt number and the package has been sent to California for review. Should I be prepared to submit another G325-A? Also, my wife's passport style photo was not exactly to the specifications (U.S.) will this also be a problem?


1) I'll let somebody more knowledgeable handle that one.

2) I can only tell you that in my case, I sent the wrong size photos (Philippine passport sizes) and they didn't care...unless the sizes are way out of whack, I suspect they usually let it slide. You will have to submit more photos during the NVC/Medical stage...just make sure those are the right size.
magdasalMalePhilippines2011-05-15 19:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs this NVC SIF for real?
Thank you ~happyndinlove~...docs are all together...just gonna check on the official 'Case Closed' and my wife is already going for an 'advanced medical' in Manila next week...just to get that over with well before the interview. Best of luck to you and yours!

Hi Darnell, old friend...yeah, I know all about that...it's just that this weekend, they put a big old red banner on the payment portal saying that they were performing maintenance on the site and you may not be able to make payments and it cast doubt in my mind whether the SIF was real or not because the SIF happened at the exact same time that banner showed up. I was expecting a SIF within the next couple of weeks, but the timing of that banner was just...unfortunate, given my nature... :P
magdasalMalePhilippines2011-05-15 23:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs this NVC SIF for real?

Congrats to both!!! :dance:
Bob


Thank you much!
magdasalMalePhilippines2011-05-15 16:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs this NVC SIF for real?
The maintenance banner is now off of the login page...and my SIF is still there, so it looks like it's real after all :dance:
magdasalMalePhilippines2011-05-15 16:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs this NVC SIF for real?
Thanks for the cheering words sis&sull!

I hope it is true...cuz it's going to smart a bit if it's not real.
magdasalMalePhilippines2011-05-14 10:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs this NVC SIF for real?
Anybody else check their SIF status at the DOS online invoice payment site today? I'm expecting a status update on my I-864 RFE and got a SIF this morning...but, there is a banner on the top of the site saying they are doing system maintenance today and you may not be able to pay visa bills until after 6 PM.

Hope this isn't a 'false positive'...I've been jumping up and down all morning, until that doubt entered my mind.
magdasalMalePhilippines2011-05-14 09:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresApproved
Congrats! :dance:
magdasalMalePhilippines2011-05-14 09:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMissing Documents checklist
Well, if it's any comfort, I'm now an expert on this subject...I just got one of these today as well.

Called NVC and they said send the required checklist package to my wife for review by the CO during the interview. The NVC operator explicitly said it should be presented in a 'sealed envelope'. And if I screwed it up again kiss that visa bye-bye (she didn't say that, but the checklist letter basically did).

I hate this. I'm feeling pretty sick right now.
magdasalMalePhilippines2011-05-17 20:15:00