Jump to content
artigano

Questions from New User/I-130 applicant

 Share

8 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Colombia
Timeline

Hello everyone:

I'm a new user on this site. I got married to my Colombian wife about a year ago in Colombia. I'm 44 and she's 21 - so yes there is a big age difference - but her father was 48 when he married her 19 year old mother, so I guess it runs in the family.

I just sent the 1-130 yesterday and I want to be prepared for the Consular interview well ahead of time. So these are my issues:

1. I'm planning to attend the interview in Bogota, but do they let me in? Will they ask us lots of intrusive questions?

2. What about the age difference? Will that come up as an issue and be grounds for denial?

3. What kind of evidence do they look for as evidence of the validity of the marriage? We already have a joint bank account and she's been to the US and met my family and I've been to Colombia many times. We have the wedding pics and pics each other with the respective families, phone bills and emails. Do they look at these?

4. What about the fact that I waited a year to file? Our reason is that she's in university and we agreed that she should complete her degree before she came to the US. She wants to get her MBA here in the US, but she's still in undergraduate.

5. She has a tourist visa so she's been here. Will they give us a problem about that - like why she didn't come to the US on her tourist visa and apply for the green card here? (she wanted to finish college)

Thanks for everyone who has been through this.

Brad

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline
Hello everyone:

I'm a new user on this site. I got married to my Colombian wife about a year ago in Colombia. I'm 44 and she's 21 - so yes there is a big age difference - but her father was 48 when he married her 19 year old mother, so I guess it runs in the family.

I just sent the 1-130 yesterday and I want to be prepared for the Consular interview well ahead of time. So these are my issues:

1. I'm planning to attend the interview in Bogota, but do they let me in? Will they ask us lots of intrusive questions?

2. What about the age difference? Will that come up as an issue and be grounds for denial?

3. What kind of evidence do they look for as evidence of the validity of the marriage? We already have a joint bank account and she's been to the US and met my family and I've been to Colombia many times. We have the wedding pics and pics each other with the respective families, phone bills and emails. Do they look at these?

4. What about the fact that I waited a year to file? Our reason is that she's in university and we agreed that she should complete her degree before she came to the US. She wants to get her MBA here in the US, but she's still in undergraduate.

5. She has a tourist visa so she's been here. Will they give us a problem about that - like why she didn't come to the US on her tourist visa and apply for the green card here? (she wanted to finish college)

Thanks for everyone who has been through this.

Brad

1) each consulate is different... somebody with specific knowledge needs to answer

2) grounds for refusal are a lack of evidence of bonafide marriage relationship...

3) comingling of property, communication, visits, standard stuff a marriage entails

4) delay in filing should have no effect unless you did not maintain your marriage relationship during that time

5) Previous visas will not be a concern... only not honoring the authorized stays on previous visits will become problematic... Entering the USA on a non-immigrant visa with intention of immigrating is a big NO NO... so the fact she did not is actually in her favor.

YMMV

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Iran
Timeline
Hello everyone:

I'm a new user on this site. I got married to my Colombian wife about a year ago in Colombia. I'm 44 and she's 21 - so yes there is a big age difference - but her father was 48 when he married her 19 year old mother, so I guess it runs in the family.

I just sent the 1-130 yesterday and I want to be prepared for the Consular interview well ahead of time. So these are my issues:

1. I'm planning to attend the interview in Bogota, but do they let me in? Will they ask us lots of intrusive questions?

2. What about the age difference? Will that come up as an issue and be grounds for denial?

3. What kind of evidence do they look for as evidence of the validity of the marriage? We already have a joint bank account and she's been to the US and met my family and I've been to Colombia many times. We have the wedding pics and pics each other with the respective families, phone bills and emails. Do they look at these?

4. What about the fact that I waited a year to file? Our reason is that she's in university and we agreed that she should complete her degree before she came to the US. She wants to get her MBA here in the US, but she's still in undergraduate.

5. She has a tourist visa so she's been here. Will they give us a problem about that - like why she didn't come to the US on her tourist visa and apply for the green card here? (she wanted to finish college)

Thanks for everyone who has been through this.

Brad

1) You can come to the interview...they may interview both of you to compare answers. See if there are any discrepencies, however, I think it is better to go to the interview. They can see how the both of you relates as "husband and wife."

2) Age difference may be a problem. But if you highlight that your wifes father and mother had an age difference and that your wife's father and mother approved of their daughter marrying you, it was not a problem.

3) Bring all the evidence you can gather....Telephone records of calls, IM logs, print out email letters, photos, shared accounts or records of joint ownership on things, airline tickets showing travel to be together.. The more the better. Even if they don't look at the stuff, have it ready.

4) Totally worried for nothing. You have valid reasons for waiting to file because of her desire to complete her university in Columbia. As a married couple, you want to get off on the right foot and that means being practical and purposeful in matters of employment/education/life.

5) Applying for a Green card here on a tourist visa is impossible. You can not change from one visa status (tourist) to (immigrant) in mid stream. It is actually seen in a negative way by immigration because you would be trying to skip steps (adjust status quickly) in the process. If you guys tried to apply for a CR-1 visa here while your wife was here on a tourist visa they would have said, "NO. Your wife came in on a tourist visa and must leave on a tourist visa. If you want to apply for a CR-1, you must do so according to the RULES for CR-1 visa."

So there you go.

Best of luck.

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline
5) Applying for a Green card here on a tourist visa is impossible. You can not change from one visa status (tourist) to (immigrant) in mid stream. It is actually seen in a negative way by immigration because you would be trying to skip steps (adjust status quickly) in the process. If you guys tried to apply for a CR-1 visa here while your wife was here on a tourist visa they would have said, "NO. Your wife came in on a tourist visa and must leave on a tourist visa. If you want to apply for a CR-1, you must do so according to the RULES for CR-1 visa."

I agree with all you said until the highlighted above...

If she entered on a tourist visa they would not apply for a CR-1 visa as they would have applied for LPR status via an I-130/I-485. Under certain circumstances people who enter on a non-immigrant visa are able to adjust there status to LPR without leaving the country... those are the allowable exceptions to the RULES....

YMMV

Link to comment
Share on other sites

Filed: AOS (apr) Country: Chile
Timeline
Hello everyone:

I'm a new user on this site. I got married to my Colombian wife about a year ago in Colombia. I'm 44 and she's 21 - so yes there is a big age difference - but her father was 48 when he married her 19 year old mother, so I guess it runs in the family.

I just sent the 1-130 yesterday and I want to be prepared for the Consular interview well ahead of time. So these are my issues:

1. I'm planning to attend the interview in Bogota, but do they let me in? Will they ask us lots of intrusive questions?

2. What about the age difference? Will that come up as an issue and be grounds for denial?

3. What kind of evidence do they look for as evidence of the validity of the marriage? We already have a joint bank account and she's been to the US and met my family and I've been to Colombia many times. We have the wedding pics and pics each other with the respective families, phone bills and emails. Do they look at these?

4. What about the fact that I waited a year to file? Our reason is that she's in university and we agreed that she should complete her degree before she came to the US. She wants to get her MBA here in the US, but she's still in undergraduate.

5. She has a tourist visa so she's been here. Will they give us a problem about that - like why she didn't come to the US on her tourist visa and apply for the green card here? (she wanted to finish college)

Thanks for everyone who has been through this.

Brad

You have many months to wait for an interview grasshopper. I would suggest reading the guides and the NVC flowchart and worry more about the NVC paperwork than the interview (which is likely 1 year or more away from now unless you are a direct consular filer).

I am 20 years older than my spouse which caused issues (as far as I can tell) when I (the USC) tried to unsuccessfully to immigrate to Canada where my spouse lives. After waiting nearly 2 years for Canadian immigration and having no forward progress, I moved back to the U.S. and started the process for my husband to come to the U.S. We will have been married 3 years soon and if that isn't enough proof of a valid relationship, I really don' know what else is. My advice, as others have said, co-mingle your finance (get joint property, bank accounts, credit cards, whatever you can do) and keep pictures, and proof of your communications.

My blog

10/01/2005: Married in Toronto

02/15/2006: Began Canadian Immigration

09/19/2007: Withdrew CIC application (they still hadn't processed anything)

10/01/2007: Moved back to U.S.

----------------------------------------------------------------------------------

IR-1 application through Montreal Consulate

10/26/2007: I-130 mailed to CA Service Center

10/29/2007: USPS confirmation of receipt of I-130

02/13/2008: NOA-1 received (107 days)

07/02/2008: I-130 approved

07/22/2008: AOS filed including EAD and AP

07/25/2008: NOA-1s for all 3 received

08/20/2008: Biometrics appointment

08/22/2008: Received RFE for Affadivit of Support and Medical

10/21/2008: Submitted I-865W in lieu of co-sponsor and medical info to NSC

11/14/2008: online case status not updated since filing of AOS in July 2008

01/20/2009: Received another RFE for Affadavit of Support Info

02/02/2009: Responded to RFE with brand new AOS based on 2008 tax return (if that doesn't shut them up, dunno what will)

02/19/2009: EAD card received in mail (no updates on Online Case Status ever made)

02/23/2009: AP received (again, no online updates)

02/26/2009: Received interview appointment letter for 4/6/09

04/06/2009: AOS approved for unconditional GC

04/21/2009: GC received

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Colombia
Timeline

Thanks for all the replies:

I did open a joint bank acct. when she was here last summer. That's about all we have jointly. As far as credit cards, since she doesn't have credit here, I'm not sure if that's possible. I'll look into that. I own my house and car, and there's no way the mortgage company would let her get on the title.

Hello everyone:

I'm a new user on this site. I got married to my Colombian wife about a year ago in Colombia. I'm 44 and she's 21 - so yes there is a big age difference - but her father was 48 when he married her 19 year old mother, so I guess it runs in the family.

I just sent the 1-130 yesterday and I want to be prepared for the Consular interview well ahead of time. So these are my issues:

1. I'm planning to attend the interview in Bogota, but do they let me in? Will they ask us lots of intrusive questions?

2. What about the age difference? Will that come up as an issue and be grounds for denial?

3. What kind of evidence do they look for as evidence of the validity of the marriage? We already have a joint bank account and she's been to the US and met my family and I've been to Colombia many times. We have the wedding pics and pics each other with the respective families, phone bills and emails. Do they look at these?

4. What about the fact that I waited a year to file? Our reason is that she's in university and we agreed that she should complete her degree before she came to the US. She wants to get her MBA here in the US, but she's still in undergraduate.

5. She has a tourist visa so she's been here. Will they give us a problem about that - like why she didn't come to the US on her tourist visa and apply for the green card here? (she wanted to finish college)

Thanks for everyone who has been through this.

Brad

You have many months to wait for an interview grasshopper. I would suggest reading the guides and the NVC flowchart and worry more about the NVC paperwork than the interview (which is likely 1 year or more away from now unless you are a direct consular filer).

I am 20 years older than my spouse which caused issues (as far as I can tell) when I (the USC) tried to unsuccessfully to immigrate to Canada where my spouse lives. After waiting nearly 2 years for Canadian immigration and having no forward progress, I moved back to the U.S. and started the process for my husband to come to the U.S. We will have been married 3 years soon and if that isn't enough proof of a valid relationship, I really don' know what else is. My advice, as others have said, co-mingle your finance (get joint property, bank accounts, credit cards, whatever you can do) and keep pictures, and proof of your communications.

Link to comment
Share on other sites

GO TO THE INTERVIEW.

and by the way, GO T0 THE INTERVIEW.

the age difference issue and proof of valid marriage is nothing compared to if you do not GO TO THE INTERVIEW.

the embassy will certainly let you in since you are the sponsor.

just complete all the paperwork, medical exams, DAS entry/exit certificates, any required police certificates, pay the fees, have all marriage certificates, any former divorce certificates, birth certificates, tax return copies, current passports with at least 6 months left on them, etc....and then GO TO THE INTERVIEW.

the interview process will consist of showing up at the embassy, getting in a special line for K1, K3 applicants, then going to an interview window and speaking with a application paperwork processor to insure all your docs are in order, and then waiting in another area for your/her name to be called over the loudspeaker to approach another window where you will at last speak with a Consular offical. the fact that you have GONE TO THE INTERVIEW, speaks volumes.

the whole process can take about 4 to 6 hours after entry into the embassy.

I advise being in bogota at least 3 days before the interview to complete all the medical exams including vaccinations and paying the interview fee at the local bank close to the embassy. and by the way, be prepared to pay at least 200 dollars for extra vaccinations at the doctors office.

try getting a room close to the embassy neighborhood.

also, some of the certifications such as entry/exit records for your wife can be ordered at what ever local office of DAS she lives near and picked up in Bogota. do this at least two weeks prior to going to bogota.

if you have a morning appointment, go at least one hour early. also, BRING A COAT, bogota is cold.

I've been twice to the embassy for interviews, both for the original K1 and the Follow to Join visas, and I never saw any colombian beneficiary being denied if their sponsor was with them.

I saw plenty of unescorted beneficiaries being denied or required to come back with further evidence or information/forms.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Colombia
Timeline

And read this forum

http://www.visajourney.com/forums/index.php?showtopic=2572

The information is PRICELESS, and all here are willing to help answer more questions as they arise. AND YES GO TO THE INTERVIEW :)

Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...