-
Posts
40,395 -
Joined
-
Last visited
-
Days Won
57
Content Type
Profiles
Forums
Partners
Immigration Wiki
Guides
Immigration Forms
Times
Gallery
Store
Blogs
Everything posted by pushbrk
-
K1 Visa vs CR1 Visa for Pakistan? No Photos
pushbrk replied to fiddyfour's topic in K-1 Fiance(e) Visa Process & Procedures
How many trips to visit is less important than how much time spent together. If you can't have an extended visit, then yes two or three visits total would be much better than the situation you are in now. Chances of eventual IR1 approval through Islamabad, is much better. Focus on minimum requirements, is a mistake, particularly for countries with a record of high US immigration fraud. I never advise a K1 visa coming from Pakistan. It's not going to be CR1. It will take more than two years, so it will be IR1. -
Moving abroad while pending I-130
pushbrk replied to hiilmohviem's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Not really an option, since you already filed the I-130. You would have to withdraw it first. -
Even with the I-134 you must have a qualified "co-sponsor" in order to be approved for the visa. This comes later at interview time. You don't mention the country, but in Thailand, or Philippines, the Consular Officers do not accept co-sponsors for K1 visas.
-
While "consummation" as one would define it traditionally, may well not be possible during a visit, the traditional/practical definition is not what matters in this case. For the I-130 filing, he only needs proof they've been together in person after the wedding ceremony but before filing the I-130. That (primary) evidence can be a passport entry stamp to Syria, and/or boarding passes for flight to Syria. It is not required to show they were ever together alone.
-
You do not need translated proof you lived together or any government document. State the addresses with start and end dates on any forms as requested. The evidence to support that would be in passports or boarding passes showing whichever one of you was in the other's country. You could also use rental or lease agreements. I know this is a spouse case, but for example, when required to show evidence (understand the difference between "evidence" and "proof") of having met in person prior to filing a fiancée petition, evidence of being in the same country is all the primary evidence required. Photos together are good, but considered secondary evidence.
-
Yes, your financial situation may negatively impact your ability to sponsor your spouse for an immigrant visa. US Immigration laws don't provide for understanding difficulty, if it means the taxpayers are going to be on the hook to support the immigrant. Like you said, most people can't afford to rent in the USA and abroad, so they don't even try. The US Citizen goes back to the USA and pays one rent. Your choices are yours to make but you don't get to make choices for the US taxpayer. You've already been told that your wife's hardships won't get an expedite approved, and you've been told the visa decision will most likely made sooner than the expedite could be approved anyway. If you want to do a fundraiser, it should not become information that relates to your wife's immigration process.
- 52 replies
-
- medical exam
- expedite
- (and 8 more)
-
Small typo on i130
pushbrk replied to novakoala's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Not needed. -
CR1 for my fiancé while I'm deployed
pushbrk replied to xyang410's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Correct. The evidence of meeting is required to be filed with the I-130. You can file after April Everybody here understands your situation and desire, but filing without that evidence will just be a waste of time and money. That I-130 will be denied. File after you've been together. -
DQ'ed but confusion about correspondence
pushbrk replied to mglev's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
If you are DQ, just ignore any mention of a police certificate that is clearly not required due to the stay being less than six months. -
This petitioner is male, but a female petitioner would need to provide previous marriage certificates in any case where that's the only documentation of name change. A male petitioner who has never changed their name based on marriage, does not need to submit prior marriage certificates, just the divorce decree(s) or death certificate(s) This is one of many cases where instructions apply only when the context indicates it. Unfortunately, there are many misunderstandings due to the context not being made clear in the instructions. Example: Petitioner with the birth name Mary Jones, married Mr. Smith, divorced him and married Mr. Harris. Assuming the applicable name change, there is no way to document that Mrs. Harris the Mary Jones on the birth certificate is the Mary Smith on the divorced decree without documenting the name change from Jones to Smith. The best way to do that in these cases is to track the name changes by submitting the prior marriage certificate to Mr. Smith.
-
Missing documents for i130 case
pushbrk replied to esam30's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Because you didn't apply for anything at all. You filed a petition for alien relative on behalf of your spouse. The I-130 puts you on the CR1 or IR1 visa path. A second/separate I-129F opens a path to a K3 visa for maybe a day, before it is administratively closed in favor of the already filed I-130. Being new should quickly be overcome by you studying the guide (top of any page here) and the actual form instructions. -
A careful reading indicates this applies to benefit requests to USCIS. We'll have to see, but in my understanding the I-130 has already been approved, and is not a "benefit request" anyway. This case is now in the hands of the Dept. of State, specifically the Immigrant Visa Unit in London. I would be quite surprised if it has any impact in this case. If it's CR1 instead of IR1, this memo could impact removing conditions.
-
Missing documents for i130 case
pushbrk replied to esam30's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
If you filed an I-130 you are on the path to CR1 or IR1 visa. For all practical purposes the K3 visa died 15 years ago. -
Your address change has no impact on your actual timeline. Ignore the change in the timeline. You will still need to deal with the change of country once the petition is approved. NVC will assign it according to the original I-130 and it will take a few weeks for you to provide the necessary information to get it changed to NZ.
-
Not if explained as I said above. It will slow it down for as long as it takes to read a sentence.
-
No, that's not a problem. On the I-130, you are asked if you filed a petition before and the result. Answer yes and then explain I-129F approved, entered, married and filed to adjust status. Had to leave for emergency before receiving Advance Parole.
-
Replying to myself to add the exact language from the current field manual regarding proxy marriages. The laws of the place of celebration govern the validity of the marriage.[65] Each jurisdiction’s civil authorities set their own requirements for authorizing a marriage, including any requirements regarding the location of the parties and the officiant. A virtual marriage is valid for immigration purposes if it is valid in the state or country that issued the marriage certificate, and it does not violate the public policy of the United States or a state where the petitioner resides, or where the couple will reside. For the marriage to be valid for immigration purposes, the parties also must consummate the marriage after the ceremony if the parties were not physically together for the ceremony.[66]
-
Context is king here. The case from Reddit was two months ago. Not sure of the actual date, but the filing date was certainly prior to the date of the new memo linked in your post. Here's a quote from an RFE sent October 22, 2025 (after the date of the linked memo) that describes what is needed at this time. Of course this petition was filed months prior. The couple was together but failed to provide evidence. The RFE response will include the required/requested evidence. 1. PROXY MARRIAGE Based on the evidence submitted, it appears that the marriage between Noah Marriott and (names deleted) was virtual. Furthermore, it appears that the married parties were not physically together in the same location for the wedding ceremony. For a virtual marriage where both parties are not physically together at the time of marriage to be recognized for immigration purposes, the marriage must be valid in the jurisdiction which issued the marriage certificate and consummated after the marriage ceremony, but before filing the Form I-130 petition.
-
I've seen no evidence of this. What I HAVE seen is RFEs because the necessary evidence of consummation was not included with the petition. To the OP, in your situation, you must submit clear "primary evidence" that the two of you were together in the same place for the proxy ceremony....OR....that you were together in the same place between the date of the ceremony and the date the petition was filed. I've seen this be successful many times, either way. Primary evidence would be passport stamps and/or boarding passes showing you were both in country on a certain date. (date of ceremony or later date as indicated above) Photos are secondary evidence. Include that too, along with similar evidence of previous time spent together in person.
-
Being married as suggested by the OP, "looking odd" is not a reason for denying a petition. They've already spent quite a bit of time together in person. Evidence they were together during the proxy marriage is all that is required to satisfy USCIS in this situation. By now USCIS has seen this hundreds of times. I say go for it.
