CR-2 visa Handy

[taj'samericanwife 0]

Hi rami and everyone! wow, im so glad you logged in through visa journey...anyway, please take the time out to read my situtation. it very similar to yours. unfortunately, i already came to the united states without my family. My parents and relatives told me i had to come first and get a job and make everything stable for my family blah blah. and no one wanted to help me out when i was still in the philippines with them. anyway i was a new graduate that time and i also did want to prove i can work and support my family and bring them to america myself...so i guess its working out well. im a professional now and i have a steady job...

the thing that is going through my mind is whether i should do the K3 or the CR1 for my husband. I am planning to file by january 2009 and I dont think they will get the interview and everything done before our second year anniversary which is Oct. 18, 2009...so after our second year anniversary and they go for interview after that I am hoping they will give their IR1 and IR2 visa for my husband and son instead of the CR1 or CR2 because we are 2 years married already.

plus the issue with my son, I want him to enter the united states as a LPR already so that all we would have to do is give another form to get his american citizenship once he enters. if my son were to enter on a K4, I would have to make a separate petition, another I130 for my son when he enters...plus the headaches of changing my husbands status and all that if we go through the K3.

I just want to ask you what you did...did your wife have to send two separate I130s? one for your son and one for your husband? I know the I129F does not ask for any fee and I could go for the route K3 because It might come up before the petition for the CR-1 gets approved but Ill have to see how it is being done in the Philippines. I'll have to call them and ask too if my husband can get his visa thing done through the embassy in manila because after all he is in the Philippines but he is from Pakistan.

The embassy in the Philippines did not even reply! the one in pakistan that i email everyday, replys to me and answers my questions!

i look forward to your next post rami! best of luck and thank you...

oh yeah...are there any precautions i should take since my husband is pakistani and muslim? really worried about that...super worried!

[RomeoNan 0]

Hi,

First of all im happy to read your post even im not logging in there anymore, but I receive private mails whenever someone flagged me. So it would be my pleasure to share my knowledge with you.

Secondly congrats!!! For the new job and the graduation, and so sorry for being away from your family, based on your current status in the US, I think yea its much better if you file for your family thru the USCIS instead of the petitioning from overseas thru an embassy either in Philippines or in Pakistan. Because you live here in the US. And as I know you cannot file from overseas while you live in the US. So the best choice is filing from the US. For both the husband and the child.

Since you are a US citizen and married to foreign spouse, then you might file I-130 for them. i.e. one I-130 petition for both of them; you are the Petitioner and they are the beneficiaries, just follow the I-130 instructions and you’ll be fine.

Now you asked about the visa type, to be honest with you; you don’t have to worry about the visa type, im not sure if k3 visa is applicable for your husband, but you can read the instructions of that visa in visajourney.com forum just to check if it works with the husband, because I thought its only for the Fiancées; i.e. before marriage occurred. To be more known just read who can apply for k3 visa.

I can remember that k3 visa is get the foreign fiancé to the US so he/she could wait here in the US for the Immigration visa instead of waiting overseas. Again read more before taking the decision.

But to give you a clue about the k4 visa for your child, its better for you and for the child if you let him/her get entered the country thru an Immigration Visa. Do you know why? Just because you are a U.S Citizen and your natural child is qualified for the U.S citizenship but since you are not meeting the residency requirements of the 5 years then the child is not a US citizen by derivation. But like in my child’s case, your child is qualified for the citizenship under the “Child Citizenship act Of 2000”, here is the link http://travel.state.gov/visa/immigrants/ty...types_1312.html

And the requirements to meet that act is as follows:

1- the most important condition is to let the child enter the country thru an Immigration visa 2- at least one parent is a U.S citizen 3- under age of 18

so now, what do you think? What im trying to say is applying for IV for your family is much better than k3 and k4, you would save money and time and paperwork.

But its up to you.

In my case I applied for IV for my child thru the US embassy- Jordan and it took almost a 25 days and finally they came to the US . and just last week we received the mail having the green card for my 10months old daughter. And yesterday I went to the Social Security office and I applied for a SSN card for here. And im supposed to receive her SSn card next week and I think by then I’ll apply for the citizenship for her according to that act of citizenship for child act of 2000, mentioned above.

my U.S citizen wife applied for immigration visa for me last year and I came to this country and it took me a while to settle in and find a job while moving between NY and Chicago and finally im stable in Chicago and we were less than two years married, so that’s why they issued me a CR-1 visa, that means I have to renew my green card after two years from issuance date of the first green card. But as I you mentioned that you are already married to your husband for more than two years, so if you are going to apply for an IV for him then they supposed to issue him IR-1 visa and your daughter in the same application but they will give her IR-2 visa

you asked about the steps after filling the I-130, I don’t know whats the process thru USCIS, but you are right after applying for the I-130 for both of them, then they will send the instructions and more forms to be filled out to Manilla, i.e. to your family’s address there in Philippines. When you read the I-130 instruction sheet, you’ll find out what are the required documents which you supposed to submit with it, I guess

G-325 (Biographic data form) it’s a very simple form; having information about you , I think you need to submit three forms of the biographic data, one for each( the child, husband and another one for you because you are the petitioner and they need to collect information about you), and I think they need English copy of your marriage certificate, your U.S passport biographic page. And maybe the birth certificates of all of you. Again!!!!!!1 read the instructions of the I-130 petition

about the Affidavit of support, yes you need to sign one for your husband, but the child no need, to be honest with you I hate this form because its fucken complicated and long enough, but don’t forget to make sure which form you have to fill it out; i.e. either I-864, I864w, or I-864z or anything else, since you have a jobe and income in the US, I think you’ll be fine with I-864. also read that form instructions, there are some documents required to be submitted with it, such as the last w-2 forms for the last three years, letter from your employer indicating how much money you make and whats your title and how long you have been in there.. if you want you can read my profile and you’ll see more information about the I-864, and VisaJourney is packed up with info about it as so.

And yes my child was exempted from the affidavit of support because she is under age of 18; she only 10 months and because one of her parents is a USC which is my wife. In my case I have a friend who accepted to sign the affidavit of support for me when my wife applied for IV for me last year. So you still able to find a co signer to support your family if your income doesn’t meet the calculations of the god damn affidavit of support form. Yes I hate it. But I know ciouple of things about it HAHAHAHAH

I hope that I answered your questions, if I were you I’ll go thru IV for them its much faster and more reliable and less money.

Finally there I no problem that your husband is Pakistani and muslim, if he has a good moral and his criminal record is clear then there is nothing to worry about, this is USA hun, there is no place to discriminate between people based on their religion or their original nationality.

Best of luck

-Rami

[taj'samericanwife 0]

Hi rami! How are you? Thank you so much for replying...i have a couple of questions more...

1. Did your wife file at the same time with you and your daughter? same time right? and you said only one (1) I 130 form for both of them since i would have to list my son's name under my husband's I 130...? someone suggested i file one I 130 for my husband and one I 130 for my son? so that means two payments of the I 130...i will try to call the USCIS to find out.

2. Since you and your daughter filed at the same time...did you have any problem with her immigrant visa coming first? or yours and your daugther's came at the same time? what I am very worried about is...if i file together my son and husband...my son's IV will come first...and the processing of my husbands will take longer...and when my son's IV will be issued he will have to travel within 6 months too right? what it is passed that 6 months and they have not given my husband's visa...my son would have to travel to the US without his father...and it would just be me and the baby and i have to work...OR since yours and your daugther I 130 were together...it speed up the process? because of your 10 months old daughter? where is she now? is she in the US with you? and your wife here too?

3. I understand that my son is exempted in that I 184 thing...but what will be the total income required that i have to show...for me and my husband only (2 household members only) since my son is exempted?

My husband and I have decided...we will do the IR-1 route...we are not married for 2 years...we will still be two years in october 2009. which is in 10 months...i plan to file in january only for my husband...because if i file same time...my son's might come up first and i can not take care of him alone here while working...and my husband will be very sad that me and my son are together and he is still waiting for his visa. but if i file theirs together and by doing that...it will make things faster...i will file them together...i just need to know from your experience.

actually my husband just graduated from medical school last oct. 2008...he is doing more studies...he is in his master's program in public health which will finish in november 2009...and he is also doing his internship in internal medicine which will finish in november 2009...so i hope the visa and everything will be ready by then...

we were deciding that my hysband come first...find a job too so that i will not be the only one working for our son...but maybe after 1 -2 months my husband arrives and he has a job, my son can come so i will not be working so much...

thank you again! looking forward to your next reply! GOD bless you rami...

[taj'samericanwife 0]

oh yeah and one more thing... "In my case I applied for IV for my child thru the US embassy- Jordan and it took almost a 25 days and finally they came to the US" so it only took 25 days for your daughter to get her visa...i was looking thru your timeline...wow...it was so fast and quick for you! i really wanted to file when i was still in the philippines with them but like i said i was still a student and no relatives wanted to help with the financial support. i had to show them and do it on my own and i thank GOD everyday for at least letting me find a job very quickly here in america...

so please answer my ??? since your wife did your visa and daughter's visa together...it went faster?

thank you so much!

[Waheed 0]

Hi taj's,

Ive also been married for 2 years now and its going to be 3. I have been here in India with my wife ever since our marriage and have made a trip back home once. My dad applied on my behalf in Aug 09. I am the petitioner and I filed a I-130 for both My Wife and Son through our Lawyer we have known for 20 years. He assured us that we both would be in the US in max time of 6 months which is coming true now. As I do not have income to support my family my dad became the beneficiary as he is still working and get retirement funds also. We have not had a problem so far and everything has been going smoothly.

[taj'samericanwife 0]

hi waheed...what about your son? did you include him in your wife's I 130? did you file separate peitition for him?

[RomeoNan 0]

oh yeah and one more thing... "In my case I applied for IV for my child thru the US embassy- Jordan and it took almost a 25 days and finally they came to the US" so it only took 25 days for your daughter to get her visa...i was looking thru your timeline...wow...it was so fast and quick for you! i really wanted to file when i was still in the philippines with them but like i said i was still a student and no relatives wanted to help with the financial support. i had to show them and do it on my own and i thank GOD everyday for at least letting me find a job very quickly here in america...

so please answer my ??? since your wife did your visa and daughter's visa together...it went faster?

thank you so much!

Hi Taj's,

First, my wife applied for me an IV last year, and it took about month and half, almost two months, she went to Duabi to live with family and i came to the US, by then she was pregnant and she born our girl overseas in Jordan, then she applied for IV again for my daughter and it took about 20-25 days to get approved, now we are together here in Chicago, both my daughter and I are having Green cards, as what i heared before im supposed to file for the citizenship for her immediately once we get her green card and SSN card, because i told you according to citizenship of child Act of 2000, she is qualified for the USCship, but me, i have to wait for three years while having the green card, so in my case i'll be qualified for the USCship in or after Dec 2011, regards to your question about I-130 for your family, im not sure if the USCIS will issue your son a visa before the father, make sure to read more about that, to be honest with you, that doesnt sounds right to me, since you'll file for both of them in one time then there is some simlutanouse in there. Again, the secret is reading the I-130 instructions.

Good Luck

[Waheed 0]

Hi Taj's,

We filed a seperate petition for him. We went through a lawyer and he said it was the safest and quickest way.

[taj'samericanwife 0]

hi rami and waheed! thanks for the reply! it sounds right to file separate I 130 for them and file at the same time. but the

thing i am just worried by sons will be ready first before my husband and of course i would want them to come at the same time...how could i take care of my son alone? i am the one supporting the both of them so far. my husband just graduated, no job yet too. also, when they both come here, at least i can work and my husband can take care of our son while they are settling in and eventually when my husband gets a job, i can work less and stay home more for our son.

im sure you both know that life in america is not that easy...esp with kids...having a nanny and day care and all that. its not like back home where you can get help easily. and like i said, i had to do everything for my family...imagine leaving my son back in the philippines because no one wanted to help me with being a co sponsor or fees with the forms because at that time i was still a nursing student? it all goes back to how the family is...well i guess its working out okay because i am now proving myself...that a can do this for my family...and to think im a woman! you guys are just lucky that ur USC spouse's family helped out

also rami filed though the dcf and im so surprised how fast it went. my husband is pakistani and he is living in the philippines...and we will file in the us embassy in the philippines. i hope it won't take that long for him, he might even be put on AP! oh my goodness i really hope and pray not! what i am still deciding is to file I 130 for my husband first then after 2 months my son so my husbands will at least be first in the race because my son's will most probably get his done in 3 -4 months and how can i take care of a baby alone and work? what im saying is i want both of them here and to come at the same time...visas ready same time... i can not do it myself if my son comes first...any more advice brothers?