social security and CR1 or IR1

[919191 0]

Dear attorney or friend

I’d like to ask you some simple question, and I will really appreciate your answer.

I married US citizen and my husband filed I-130,(when he was in US) it was approved, and NVC approved, and I had an immigrant visa interview in the US embassy, but visa was denied because right now my husband is working in the middle east and we both live in middle east. Embassy said that No domicile. And we were told that when we plan to move to US come back again.

And second time we went to embassy they asked evidence for approve that we intent to move to US, so my husband will resign tomorrow and then we want to go to embassy again.

My question is,

First, if my husband didn’t find job in US, is affidavit of support problem?

He has retirement, but it’s not enough, if add social security, that would be enough income, but he didn’t start to collect yet, can statement from social security office be considered income?

Second, my visa simble is CR-1 when NVC notice me the interview date in the US embassy, NVC write a letter to me on the date of second marriage anniversary , so we thought in that case NVC will change visa simble to IR-1, but they didn’t. Do you think US embassy will give me

1. IR-1 visa? (because married more then 2 years)

2. CR-1 visa? (Because NVC write CR-1, but when I enter US they give me 10 year green card stamp?)

3. CR1/IR1 visa? (It’s just like sometime they give two type of visa , like B1/B2, write two type of visa)

4. Do you think I need to remind them when they are ready to give me visa?

Sincerely,

E-MAIL: imi9191@yahoo.com

[CutienPurg 0]

If your husband does not already collect Social Security benefits he couldn't very likely use them as income.........I too would like to claim to be a millionaire but I have yet to win the lottery If he is soon to be eligible to collect social security benefits and he can show that , then I assume it would be acceptable income especially if it were combined with some kind of pension. However, in the meantime you have to eat.

http://www.visajourney.com/forums/index.ph...mp;#entry599625

U.S. citizens residing abroad temporarily are considered domiciled in the U.S. if their employment abroad meets the requirements of INA section 319 ((1). Sponsors who are domiciled abroad may nevertheless submit an affidavit of support if they convince the USCIS or consular official that they will reestablish domicile in the U.S. on or before the date the intending immigrant obtains LPR status. Sponsors who are U.S. citizens and who are accompanying the intending immigrant to the port of entry will be deemed to have established domicile in the U.S.; sponsors who are LPRs will similarly be deemed, unless the LPR is denied admission to the country.

http://www.uscis.gov/files/form/I-864.pdf instructions

If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following conditions apply:

C:You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status. You must submit proof that you have taken concrete steps to establish you will be domiciled in the United States at a time no later than the date of the intending immigrant's admission or adjustment of status. Concrete steps might include accepting a job in the United States, signing a lease or purchasing a residence in the United States, or registering children in U.S. schools. Please attach proof of the steps

All the best to you both

One would think you should eligible fr LPR status if your marriage is more than 2 years old.

[lucyrich 20]

Second, my visa simble is CR-1 when NVC notice me the interview date in the US embassy, NVC write a letter to me on the date of second marriage anniversary , so we thought in that case NVC will change visa simble to IR-1, but they didn’t. Do you think US embassy will give me

1. IR-1 visa? (because married more then 2 years)

2. CR-1 visa? (Because NVC write CR-1, but when I enter US they give me 10 year green card stamp?)

3. CR1/IR1 visa? (It’s just like sometime they give two type of visa , like B1/B2, write two type of visa)

4. Do you think I need to remind them when they are ready to give me visa?

Your visa will either have IR-1 or CR-1 written on it, but there's no practical difference between the two types of VISA. What's important is the STATUS you get upon entering the US. A CR-1 visa can lead to either CR-1 status or IR-1 status, depending on whether or not the second wedding anniversary has passed before entering the US. An IR-1 visa, if it was issued correctly, can only lead to IR-1 status, since the second anniversary must have already passed before entering the US.

The age of the marriage at the time of the visa issuance is important for determing whether the letters IR-1 or CR-1 appear on the visa. But the age of the marriage at the time of entering the US is what's important in determining whether the status is conditional, requiring later filing for removal of conditions.

At the consular interview, remind them that your second anniversary has passed, and ask them what kind of visa you should get. It should be very a simple matter for them to note the anniversary date and issue an IR-1 visa. This shouldn't be a problem at all. But even if they get this wrong, this part isn't terribly important.

When you enter the US, remind them of your anniversary date, and make sure they give you unconditional LPR status.

The two types of immigrant visas are processed essentially identically, and they don't always determine which type will be issued until the visa is actually issued (if the visa is issued very close to the two year anniversary, a tiny delay in the last bit of processing can switch it from CR-1 to IR-1). They may be a little sloppy about the distinction in the earlier stages of processing. Don't worry.