3 questions for the IR1 / CR1 visa

[JFH 12,190]

4 minutes ago, AlexDRavn92 said:

She is currently in contact with different schools in the US, because she wants to do her PH.D in the states. Furthermore she is in contact with companies about doing some research/internship in the US as well. She also has texts with her parents, where they are talking about us moving to the US.

 

We are not sure about the living situation yet. We are considering staying the first weeks at my brothers apartment in San Diego until we find our own place. Should we include correspondence with my brother about the living situation?

Sounds good. I would get your brother to provide a statement that he is providing accommodation for the two of you. 

[AlexDRavn92 37]

2 minutes ago, JFH said:

Sounds good. I would get your brother to provide a statement that he is providing accommodation for the two of you. 

Okay i will make him do that.

Should i include that in the I-130 package?

[hm139 55]

Regarding translation of the lease: yes, I translated all seven pages of our lease from when we lived together. It was a doozy to translate all that legalese but I did my best. Our I-130 was approved in less than six months without any RFE, so it clearly didn't hurt.

[AlexDRavn92 37]

7 minutes ago, hm139 said:

Regarding translation of the lease: yes, I translated all seven pages of our lease from when we lived together. It was a doozy to translate all that legalese but I did my best. Our I-130 was approved in less than six months without any RFE, so it clearly didn't hurt.

So you translated yourself ?

 

I thought i had to have a professional company to translate it with a certificate.

I asked one for two pages it was 200 USD, which is a lot of money for two pages.

[hm139 55]

2 minutes ago, AlexDRavn92 said:

So you translated yourself ?

 

I thought i had to have a professional company to translate it with a certificate.

I asked one for two pages it was 200 USD, which is a lot of money for two pages.

Following advice from here on VJ, yes, I translated it myself. Many people have done this without running into problems. If your language skills are poor this will not be a good option, obviously, but from your writing on here i think you could handle it. I included both the original document as well as my translation and I included this statement at the end of the translation of each document:

I, (name), certify that I am fluent in the English and XYZ languages, and that the above/attached document is an accurate translation of the document attached entitled “Blah Blah Blah.”

Signature_________________________________                            Date

My address

[AlexDRavn92 37]

51 minutes ago, hm139 said:

Following advice from here on VJ, yes, I translated it myself. Many people have done this without running into problems. If your language skills are poor this will not be a good option, obviously, but from your writing on here i think you could handle it. I included both the original document as well as my translation and I included this statement at the end of the translation of each document:

I, (name), certify that I am fluent in the English and XYZ languages, and that the above/attached document is an accurate translation of the document attached entitled “Blah Blah Blah.”

Signature_________________________________                            Date

My address

That makes me so happy to hear and will obviously save me a lot of money. 

I will start translating them myself then. I think i will only do the first page of our lease with our names, size, address and all the basic info and then the last page with our signatures.

[Boiler 45,519]

OP is from Denmark, I doubt they will be interested in very much and certainly not in the lease.

[kris&me 572]

if she has been working in Denmark she needs to have filed IRS tax returns (exemption is well over $100,00 a year)

they will want to see the returns 

[Jmatts 2]

8 hours ago, AlexDRavn92 said:

She is currently in contact with different schools in the US, because she wants to do her PH.D in the states. Furthermore she is in contact with companies about doing some research/internship in the US as well. She also has texts with her parents, where they are talking about us moving to the US.

 

We are not sure about the living situation yet. We are considering staying the first weeks at my brothers apartment in San Diego until we find our own place. Should we include correspondence with my brother about the living situation?

 

You may want to look into the "Exceptional Circumstances" which would allow you, as residents of Denmark, to file the I-130 petition with the local U.S. Consulate that has jursidiction – in your case, London.  There's some documentation about this here:  https://www.uscis.gov/about-us/find-uscis-office/international-offices/united-kingdom-uscis-london-field-office and https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2012/May/DOS-I130May1412.pdf

 

One of the circumstances in the non-exhaustive list is: "Short notice of position relocation: A U.S. Citizen petitioner, living and working abroad, who receives a job relocation within the same company or subsidiary to the United States, or an offer of a new job in the United States with very little notice." – this might be something that could apply to your spouse if she got a compelling research position?

 

If they did accept your petition, it could save you the 6+ month wait for petition approval, just to start the D-260 application which then takes another several months...

 

DISCLAIMER: I haven't gone this route myself (as I live in the UK), but it was something that our lawyer pointed out to us early in the process. Hopefully others on this forum have some real experience they can share!

[AlexDRavn92 37]

5 hours ago, Boiler said:

OP is from Denmark, I doubt they will be interested in very much and certainly not in the lease.

What do you mean here?
And what does OP stand for?

 

I would use the lease to show that we live together, since both our names is on the lease.

5 hours ago, kris&me said:

if she has been working in Denmark she needs to have filed IRS tax returns (exemption is well over $100,00 a year)

they will want to see the returns 

She has been studying in Denmark and therefore not making any money really. 

[AlexDRavn92 37]

3 hours ago, Jmatts said:

 

You may want to look into the "Exceptional Circumstances" which would allow you, as residents of Denmark, to file the I-130 petition with the local U.S. Consulate that has jursidiction – in your case, London.  There's some documentation about this here:  https://www.uscis.gov/about-us/find-uscis-office/international-offices/united-kingdom-uscis-london-field-office and https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2012/May/DOS-I130May1412.pdf

 

One of the circumstances in the non-exhaustive list is: "Short notice of position relocation: A U.S. Citizen petitioner, living and working abroad, who receives a job relocation within the same company or subsidiary to the United States, or an offer of a new job in the United States with very little notice." – this might be something that could apply to your spouse if she got a compelling research position?

 

If they did accept your petition, it could save you the 6+ month wait for petition approval, just to start the D-260 application which then takes another several months...

 

DISCLAIMER: I haven't gone this route myself (as I live in the UK), but it was something that our lawyer pointed out to us early in the process. Hopefully others on this forum have some real experience they can share!

Thank you for the info.

I will look into that.

[mrmvkjts 459]

34 minutes ago, AlexDRavn92 said:

 

She has been studying in Denmark and therefore not making any money really. 

 

It doesn‘t matter how much money you make

you still need to file the tax return and you tell them how much money yoj made the past year and you don‘t owe them any money vut you need a tax transcript that shows you‘re not withholding anything

if that makes sense!

 

my husband, USC, made maybe 4k in the  past year here in Austria and of course didn‘t have to pay anything but he filed his paperwork

[AlexDRavn92 37]

20 minutes ago, mrmvkjts said:

 

It doesn‘t matter how much money you make

you still need to file the tax return and you tell them how much money yoj made the past year and you don‘t owe them any money vut you need a tax transcript that shows you‘re not withholding anything

if that makes sense!

 

my husband, USC, made maybe 4k in the  past year here in Austria and of course didn‘t have to pay anything but he filed his paperwork

Okay that makes sense.

 

I will definitely look into that, thank you very much.

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.