Question about immigration from Israel

[stoogenmeyer 0]

Hello,

I was hoping to ask some questions here.

My wife is an american, we are married since august 19, 2012, and currently residing in Israel.

We want to move to the states. Currently I have a tourist visa valid for the next 10 years.

We are trying to figure out how to apply for a green card (IR-1 visa??) and all the instructions are all over the place, making it very difficult to apply without missing something.

Please help. From what we managed to gather so far the process seems to go something like this (mainly we are concerned with the initial forms to file)

From the Step-by-step guide for I-130 on VisaJourney we can see that there are two packages described there:

1) An I-130 Package

2) An I-485 Package

About the I-130:

The checklist is easy to understand, but isn't it missing the I-864 form? Is the checklist complete and there's nothing else required in the I-130 package? The I-864 does show up in the I-485 checklist, which leads to my second question about the I-485 form.

About the I-485:

Do we have to file this form (package)? If so, why? Are we supposed to file it at a later time, if I am at the states? I thought we only needed the I-130 package.

The I-130 package asks for my (Israeli) birth-certificate. I thought it wasn't needed, is it?

Can hebrew documents be translated by me?

Do they have to be notarized?

In general, what documents need to be notarized?

Also, how many passport pictures are required to be in the I-130 package, I see some people say that you need to put two for each person.

As you can notice, we're quite puzzled.

If anybody can just help with getting the initial package set-up correctly.

Thank you very much,

If you need any other information just let me know.

Thanks,

Or and Laura

P.S.

Is there any way for us to move to the US now so I could start working/looking for work there, we are kind of a young couple waiting to start our lives and stuck in Israel because of it. I understand it takes much longer to get the green-card when you are already in the states, but what are our options for us already moving, are there such things as a work visa while waiting for your green card? I am aware this can take between a year or two and this is why I'm asking, I'd prefer being there and starting our lives but not having a green-card for a long time, then just waiting here and not starting our life. Thank you so much.

[Darnell 8,479]

You are studying 'Guide2'

You should be Studying 'Guide1'

Have another look ?

[stoogenmeyer 0]

Hello and thanks for replying,

From looking at the guides section I see that when Both US citizen and spouse are living abroad, they need to file a DSC, but that does not apply to Israel for some reason, we still have to send an I-130 to the chicago box.

Also can you clear something up for me?

Is a green card any different then an immigration visa?

I'm starting to think that is the case.

Is a green card just a working permit? If so I would be interested in pursuing a green card and trying to apply for the IR-1 at a later time, as we are stuck in Israel at the moment and would rather move first and then worry about the other stuff.

[Penguin_ie 5,995]

An immigration visa leads to a greencard- you cannot get a greencard while abroad. Ie your spouse petitions you for an visa: http://www.visajourney.com/content/i130guide1 then you apply for the visa and have the medical and interview at the embassy. You get approved, and upon entry to the USA, you get the greencard.

[stoogenmeyer 0]

Thanks, can we refer to guide1 even if my wife is not residing in the US right now? We are both living in Israel right now.

Also, thanks for clarifying that about the green card being issued after I get an immigrant visa.

I saw there is also K-3 visa, is this a possible path we can take to get a non-immigrant visa, enabling us to move the US, finding work, then waiting for the immigrant visa process to complete? Does anybody have any experience with a K-3 and why did he go through that path?

Thanks!

[Penguin_ie 5,995]

Yes, refer to Guide 1. DCF is only for certain countries, and Israel is not one of them.

The K3 is obsolete; it was useful when the CR-1 took several years but not they take the same time, so the CR-1 is superior as it leads to an immediate greencard. With the K3, you could not work in the USA until you adjusted status, ie more expensive.

[stoogenmeyer 0]

Hey thanks, but what do you mean CR-1, is it the same as IR-1?

So is there no way to work in the US while waiting for your forms to be approved?

[Ozz777 23]

Hey thanks, but what do you mean CR-1, is it the same as IR-1?

So is there no way to work in the US while waiting for your forms to be approved?

That is correct. You can visit as a tourist but cannot work or move to the US permanently until your CR1/IR1 visa is approved, which could take up to a year or more from the time you file the I130 petition. CR1 is for those married for under two years at time of approval, IR1 is for those married over two years at time of approval.

[Penguin_ie 5,995]

There is no way to do that unless you have a separate work visa.

CR-1 is if you have been married less than 2 years; IR-1 if married more than 2 years

[stoogenmeyer 0]

Ok, so from what you just exaplained - we need to apply for a CR-1 visa.

To do this, we need to send an I-130 package as described in guide1's checklist.

I understand that checklist and we have most of it ready.

About the cover letter - what do you recommend writing in it, meaning any explanations for our petitions and such? We are just a normal couple (my wife is an american) looking to move to the US, what could we possibly write there.

About the Evidence of marriage, we wave an apartment lease on both our names (in hebrew sadly), do we need to include it translated and notarized? Does everything translated has to be notarized?

I've seen people mention facebook/skype chats and such, is that required? That would not be a problem but it seems bizarre.

Are pictures required? We can provide those.

Thank you very much for your help

P.S.

Will we be required to file an I-864 form at a later date or is it to sent with the initial package? thanks

Any other forms that should be included in the first package and are not included in the checklist on guide1?

[stoogenmeyer 0]

Sorry for the double post, but also remembered another question:

Is it possible to include the form fee as cash in the envelope? I'm not sure we can send them our Israeli checks.

[Ryan H 3,819]

Ok, so from what you just exaplained - we need to apply for a CR-1 visa.

To do this, we need to send an I-130 package as described in guide1's checklist.

I understand that checklist and we have most of it ready.

About the cover letter - what do you recommend writing in it, meaning any explanations for our petitions and such? We are just a normal couple (my wife is an american) looking to move to the US, what could we possibly write there.

About the Evidence of marriage, we wave an apartment lease on both our names (in hebrew sadly), do we need to include it translated and notarized? Does everything translated has to be notarized?

I've seen people mention facebook/skype chats and such, is that required? That would not be a problem but it seems bizarre.

Are pictures required? We can provide those.

Thank you very much for your help

P.S.

Will we be required to file an I-864 form at a later date or is it to sent with the initial package? thanks

Any other forms that should be included in the first package and are not included in the checklist on guide1?

Filing an I-130 with USCIS is only the first step. You will be dealing with the NVC after the petition has been approved months down the road. The I-864 is filed when you are at the NVC stage, not with the initial package.

Translations do not need to be notarized, but they do have to have an attestation statement that states the translation is accurate and the person doing the translating is competent to do so. I suggest having a 3rd party sign the attestation statement on the apartment lease translation.

Pictures, chats, Skype, Facebook, etc. are not required; what you choose to include from such items is up to you. Select what you feel makes the most compelling case. My two cents is this, evidence of time spent together is your best evidence.

Is it possible to include the form fee as cash in the envelope?

No

I'll surmise the Israeli checks you spoke would not be from a US bank or other US financial institution so you can't use those either. Is there someone in the US who can write the check or obtain a money order that you can send your package to and they would then place the payment with it and send it on to USCIS?

Edited July 27, 2013 by Ryan H

[stevie b 141]

Ok, so from what you just exaplained - we need to apply for a CR-1 visa.

To do this, we need to send an I-130 package as described in guide1's checklist.

I understand that checklist and we have most of it ready.

About the cover letter - what do you recommend writing in it, meaning any explanations for our petitions and such? We are just a normal couple (my wife is an american) looking to move to the US, what could we possibly write there.

About the Evidence of marriage, we wave an apartment lease on both our names (in hebrew sadly), do we need to include it translated and notarized? Does everything translated has to be notarized?

I've seen people mention facebook/skype chats and such, is that required? That would not be a problem but it seems bizarre.

Are pictures required? We can provide those.

Thank you very much for your help

P.S.

Will we be required to file an I-864 form at a later date or is it to sent with the initial package? thanks

Any other forms that should be included in the first package and are not included in the checklist on guide1?

the cover letter is not necessary, although many people use it as a table of contents or an evolution of the relationship.

the evidence is good so far, and yes you should include pictures and anything else that proves your relationship over time.. think quality more than quantity.. applies to fb chats also, although most folks needing these are separated and showing they still communicate.

each and every document not in English needs to be translated .. does not have to be notarized .. whoever does it will sign a brief paragraph that the translations are true and accurate. certified docs not needed at this point.. any docs you send should be copies only

the 864 and your intent to establish domicile in the US will be required later... since you are filing from abroad, I believe this will go to the embassy, but someone else here will chime in for sure.

the fees must be paid in US dollars... no cash... many folks will send the pack to a family member or friend in the states, have them get a money order and then mail it off.

anything you send, ensure you have a tracer on it to prove receipt

go to the department of state website and read up on immigrant visa process and follow all the links .. you will have links to the nvc.. which will outline the 864 requirements and intent to domicile. the intent to domicile information is better here on vj.. the 864 requirements are very well defined in the instruction pdf on the state website

later in the process you will be supplying original birth and marriage certificates for the immigrant spouse. if you do not have originals, now is the time to track down some copies and have them certified by the issuing agency

the cr/ir category of visa is assigned automatically by default although there are instances that by the time it comes to POE, the visa type should be changed to an ir, which can be done by cbp at the time of entry

good luck

Edited July 27, 2013 by stevie b

[stoogenmeyer 0]

Thank you!

I understand we will have to worry about the I-864 at a later time then.

My wife's dad will possibly be able to use a check from our american bank account and compile a package there.

We will also include a confirmation that we have a joint account there as well.

My wife asked me to ask, since one of her parents will probably have to be one of our joint-sponsors on the I-864, will it be possible to change that fact later on, maybe when my wife gets employed in the states- would we be able change that to just have her signed on the I-864 so her dad is not on it anymore?

About the translations, if I make the translations myself, is that acceptable? Where do I add the paragraph that all translations are accurate and truthful?

thanks again

[Ryan H 3,819]

My wife asked me to ask, since one of her parents will probably have to be one of our joint-sponsors on the I-864, will it be possible to change that fact later on, maybe when my wife gets employed in the states- would we be able change that to just have her signed on the I-864 so her dad is not on it anymore?

If her dad is the joint sponsor, then he will be held to the contract of the I-864 until one of the following happens:

• Immigrant is credited with 40 quarters of work
• Immigrant becomes a US Citizen
• Immigrant surrenders green card and leaves the US or has green card revoked and is deported
• death

About the translations, if I make the translations myself, is that acceptable? Where do I add the paragraph that all translations are accurate and truthful?

I've never seen a hard rule that says you cannot self-translate; however, I usually suggest having a third party that is fluent in the language sign the attestation statement (even if you do the translating yourself). The attestation statement can either be on a page by itself or it can appear at the end of the document being translated.