CR-1/IR-1, US entry ban waiver (merged)

[pushbrk 12,903]

9 hours ago, sidmando said:

I believe it was Sept. 13, 2018.

So, with timelines approaching 2 years now, and you haven't filed yet, let's see. You're looking at March 2023 or thereabouts.  Only 6 months left of the ban at that time.  Seems wiser to delay at NVC and have the interviews AFTER the ban is lifted.

[pushbrk 12,903]

9 hours ago, sidmando said:

Could someone help me understand the correct way of using this site? On every other forum/bulletin board site I have used one just creates a new thread every time they have a new question to ask or subject to discuss. So I assumed that was how this site worked. Apparently I was wrong. So do I understand correctly that everything I post from now until eternity should be part of the same thread? If so, how do users become aware if I have raised a new subject or asked a new question?

Thanks for helping a newbie out!

Someone just did, including explaining why we get confused when we see only part of your case issues.  Quote people you are replying to or react to what they say.  That's how they know something new has been posted.

 

**** Four threads on the same/ similar issues merged.  Please do not start more than one thread on your case./ question, it can be considered spamming and confuse memebrs trying to help.  If you have any follow on questions or additional info, post them in this thread as a reply. *****

[sidmando 15]

On 2/10/2021 at 3:00 PM, Coco8 said:

FYI if she had been working, she needs to answer the truth in the forms. Not telling the truth would be WAY worse, because like others said, the ban is forgiven by marriage to US citizen and also, illegal work is forgiven by marriage. Lies are not forgiven and that would be the worst case scenario.

 

What USCIS understands as working could be something we might not consider working or might not realize it was working. Babysitting, for instance, even for a friend or relative, is considered working. 

So, just to make sure I am understanding correctly, since your advice is to answer truthfully in the forms, and since she was in fact working under the table as a server in a Mexican restaurant in Atlanta for a few months, should I include that in her employment history on form I-130A?

[SalishSea 17,842]

2 minutes ago, sidmando said:

So, just to make sure I am understanding correctly, since your advice is to answer truthfully in the forms, and since she was in fact working under the table as a server in a Mexican restaurant in Atlanta for a few months, should I include that in her employment history on form I-130A?

Yes.

[HRQX 4,145]

2 minutes ago, sidmando said:

should I include that in her employment history on form I-130A?

Yes, include it.

[Coco8 1,042]

Yes, you have to include it and it will be alright. Plenty of people here went through the same and it is forgiven for spouses of US citizen (it's the law). The real problem would be if you do not include it and trying to prove she did not work when she actually did. She can be banned for life. 

 

9 minutes ago, sidmando said:

So, just to make sure I am understanding correctly, since your advice is to answer truthfully in the forms, and since she was in fact working under the table as a server in a Mexican restaurant in Atlanta for a few months, should I include that in her employment history on form I-130A?

 

Edited February 12, 2021 by Coco8

[HRQX 4,145]

11 minutes ago, Coco8 said:

and it is forgiven for spouses of US citizen (it's the law).

Also not an issue for other Immigrant Visa (IV) applicants since the DOS's FAM doesn't bar those that worked without authorization in the past.

Edited February 12, 2021 by HRQX

[sidmando 15]

OK, next question on filling out for I-130A

My wife does not speak English, and I am filling out the form for her. So on part 4 (the Spouse Beneficiary's Statement), should I say that an interpreter helped her fill it out and then list myself as the interpreter?

[pushbrk 12,903]

3 hours ago, sidmando said:

OK, next question on filling out for I-130A

My wife does not speak English, and I am filling out the form for her. So on part 4 (the Spouse Beneficiary's Statement), should I say that an interpreter helped her fill it out and then list myself as the interpreter?

No.  You are the "preparer" not the interpreter.

[sidmando 15]

OK, next question about the I-130. I am filling the form out online and am now on the section where I provide details of my wife's previous travel to the US. I need to enter her travel document number. Attached is a photo of her passport page with the (cancelled) visa. Can anyone tell me which number is the travel document number?

[HRQX 4,145]

31 minutes ago, sidmando said:

Can anyone tell me which number is the travel document number?

The field for travel document number is left blank. The I-130 is asking about passport or travel document; travel document as in the following examples:

 

Do answer the I-94 number field. Look it up here: https://i94.cbp.dhs.gov/I94/#/home

[sidmando 15]

15 minutes ago, HRQX said:

The field for travel document number is left blank. The I-130 is asking about passport or travel document; travel document as in the following examples:

 

Do answer the I-94 number field. Look it up here: https://i94.cbp.dhs.gov/I94/#/home

Thanks very much! A couple more questions. I followed the link you provided for the I-94. When I entered my wife's info I found her travel history, which included several trips to the US, but when I query for the I-94 number it says "no record found for traveler". So should I just leave that field blank? Also, for the following 2 questions -- 1) what was the beneficiary's date of arrival? I assume this means the date she last traveled to the US, correct? and 2) when does the beneficiary's authorized stay expire? what date should I use for that, since her visa was cancelled in 2018 when she was denied re-entry?

[HRQX 4,145]

11 minutes ago, sidmando said:

I followed the link you provided for the I-94. When I entered my wife's info I found her travel history, which included several trips to the US,

My mistake about I-94 field. Actually also leave that field blank.

 

If you see the paper version of I-130 it says to only answer the following fields if the beneficiary is currently in the US:

• Class of Admission
• I-94 number
• Date of Arrival
• Date authorized stay expires

Essentially the same for online version of I-130.

Edited February 15, 2021 by HRQX

[sidmando 15]

OK, next question on filling out the I-130. I'm at the part where it asks about the beneficiary's spouse and whether he/she has any kids. Since my wife is the beneficiary, and I am her spouse, then the question is whether I have any kids. I don't have kids of my own, but my wife has a daughter from her previous marriage. I have not legally adopted her daughter, so I'm not sure whether or not to list my stepdaughter as my child. Can anyone tell me if I should list her or not? Thanks!

[Nelly_M 7]

On 2/12/2021 at 4:53 PM, pushbrk said:

No.  You are the "preparer" not the interpreter.

In that case, who would be the interpreter? If the foreign spouse who lives overseas is not fluent in English, does he/she need to hire a certified translator in order to u understand the form or can the preparer who usually happens to be a US spouse also be the translator?