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Everything posted by pushbrk
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7 Years Officially Married
pushbrk replied to Mr.clever's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Even a few months could make the difference. As things stand now, moving forward would be a waste, and probably assure you NEVER get a visa. -
7 Years Officially Married
pushbrk replied to Mr.clever's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
The concept is that you conduct yourselves in ways people with bona fide marital relationships do. The last 5 years is gone. Next step, is to get together in person for at least a few weeks. She is your petitioner and sponsor. You cannot get this visa on your own. Consular Officers know that people do what is important to them. If you and your wife have not seen each other in person, in five years, everybody knows that means that seeing each other was NOT important to one or both of you. In your circumstances, that equates to a relationship only for immigration purposes. Change the circumstances by spending some significant time together in person. -
5 years of income or just job history?
pushbrk replied to Drew3435's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
The above is correct, and unless it's Mumbai, current income and last year's "total income" line from tax return (not likely the same number) are the most important. One is NOT required to have qualifying income for the past three years. -
IR1 with no income in US (Merged)
pushbrk replied to NicolòVito's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Correct that they should not under those exact circumstances. Hacking is dead wrong though. That's two belts and two sets of suspenders. The three years of qualifying income is the norm for Mumbai only, and not a definite even there. What I would advise in such a situation is to delay submitting the I-864 until a pay stub for one full pay period is available after starting said job. State the current income as the gross times the number of pay periods in a full year, and expect success. Consular officers are trained to consider the totality of circumstances. While they are not supposed to approve based an unemployed person's "job offer", they can certainly consider a Doctor's NEW and high paying actual job. -
Affidavit of Support, Assets ???
pushbrk replied to Jalan's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Yes, it's a BIG IF. -
Affidavit of Support, Assets ???
pushbrk replied to Jalan's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Yes, but one possible option is to sell the property in Ukraine. Once it's converted to cash, it's liquid. -
Careful reading of instructions, is how you cure you confusion. Not doing so, is WHY you are confused. Perhaps another member has a solution for avoiding a trip to Kenya for a new Police Certificate, but that may well be exactly what is needed. Time to understand, things must be done a certain way, no matter how inconvenient. if the Consulate didn't accept her Police Certificate, then it was not the correct one from the correct place. It is or isn't what it is or isn't. Get the right one, no matter what you have to do to get it, or there will be no visa.
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Joint sponsor possible tax issue
pushbrk replied to jaywave's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
You have already been told to enter 1 there, and I told you the Consulate doesn't care about her tax filing status. -
Visa approved however...
pushbrk replied to ChelseaPresutti's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I-824 is a USCIS form. NVC is Dept. of State. If NVC has your case, there will be no I-824. Time to become an A-Student of the I-864 instructions and the form itself. USCIS did you a lucky favor, to transfer the case without the I-824. -
Visa approved however...
pushbrk replied to ChelseaPresutti's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Yes, 1 d. What you "thought" is completely wrong. The US Citizen files a petition. That was done and the petition was approved. Only the Consulate section instead both Consulate and Adjustment location should have been indicated. This is covered very well in the excellent "step by step" I-130 instructions, that take you through each section of the form. An approved petition from USCIS opens the door for the foreign spouse to apply for a visa abroad through the department of state. USCIS does not issue visas. The visa application process begins at NVC. You will never "adjust status". It's one or the other, not both. More than a decade ago, the K3 visa was viable. Maybe that's the one you got back then. Different animal, and you seek both a visa and adjustment of status. That visa has been virtually unobtainable since February, 2010. -
Visa approved however...
pushbrk replied to ChelseaPresutti's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Wow. No, your visa was not approved. The I-130 petition was approved. Had you completed it properly to indicated a visa will be applied for (in Sydney, not Melbourne) the file would have been sent to NVC, and later to Sydney. Because you said BOTH you wanted a visa AND to adjust status within the USA, you must now file an I-824 (with USCIS, not NVC) with its fee, and wait about another year, for the case to go to NVC. NOT directed at you, but directed at all those who say, "If you have no complications, you do it yourself." I will say again, that's an incomplete (false) statement. If you have the aptitude and motivation to do your homework, along with the necessary language skills including interpreting questions and instructions literally, and pay close attention to details, you PROBABLY can do it yourself, with some help from the members here. Here is yet another example of how a simple mistake, can make one wish, well at least that they had done SOMETHING...."different". -
Police Clearance Certificates Available Fees: 1000 plus return postage fee Document Name: Police Clearance Certificate (PCC) Issuing Authority: Directorate of Criminal Investigations Special Seal(s) / Color / Format: There is no Special Seal(s) / Color / Format Issuing Authority Personnel Title: Directorate of Criminal Investigations Registration Criteria: Please visit cid.go.ke Procedure for Obtaining: Please visit cid.go.ke Certified Copies Available: Certified copies are not available Alternate Documents: There are no alternate documents Exceptions: None Comments: U.S. Embassy Nairobi Consular Section Immigrant Visas Unit has determined police clearance certificates for all refugees and asylum seekers residing in Kenya, as well as for anyone undocumented in Kenya with no legal status, are unobtainable given Government of Kenya policies on producing these documents. Additionally, once Kenyan Department of Refugee Services (DRS), formerly the Refugee Affairs Secretariat, issues a police clearance letter, they will not issue another police clearance letter, regardless of expiration date for U.S. immigration purposes.
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Exactly what I was able to clearly read, and my advice would match the above.
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Joint sponsor possible tax issue
pushbrk replied to jaywave's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
This is not an issue for the affidavit of support. If your liquid assets are comfortably more that required, you probably don't need a joint sponsor though. I strongly disagree. The filing status is never an issue with Consular Officers. -
civil documents (Split)
pushbrk replied to Sinafise's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
The underlying concept here is that "married" is "married". You only need one marriage certificate per marriage. -
The real issue is not the number of visits, but the total amount of time spent together. Without knowing more about the actual circumstances, it's difficult to know whether there are red flags here. I second all the recommendations for the US Citizen involved to join us here. It is the US Citizen that starts and ultimately manages the spouse visa process. The guides here are a great resource, as are answers to the questions asked, but none of that is a substitute for becoming an A Student of the I-130 instructions and the form itself. The person with the strongest English Language skills, is usually the one who will have the most effective "study" and comprehension of the actual instructions and form.
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Wait until 2 years married
pushbrk replied to Paula&David's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
The Naturalization process, would not be "prolonged". Eligibility will be delayed. -
NVC Questions
pushbrk replied to TioPeperino's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
"Document" are things like birth certificates, etc. A pay stub is always going to be a copy or scan. It's "supporting evidence" not "documents" in this context. -
Wait until 2 years married
pushbrk replied to Paula&David's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Correct, and it is the IR1 or ten year green card you are after. You can get a CR1 visa, say three months before your anniversary, but then enter AFTER the 2nd anniversary to receive IR1 "status". So, you've got about 10 months. Find out how long the interview queue is for your Consulate, and you could get the visa 4 or 5 months from now and still be ok. Might not need to delay very long, if at all. -
Question on CR1 Visa
pushbrk replied to fritz222's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Once you add.... "This does not cover those involved in fraud or misrep or immigration shenanigans." I don't have any problem with it either. 😀 -
Question on CR1 Visa
pushbrk replied to fritz222's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
SOMETIMES, the Consulate gives an opportunity. That would be when there is something is missing, or they think more evidence might change their mind. But,,,,so, so, so many "denials" or "refusals" are final, and the notice the applicant is handed, says the Consulate is returning the file to USCIS "with a RECOMMENDATION, that the approval of the petition be "revoked". It is only a few months later, that the PETITIONER, (not the visa applicant) is given an opportunity to make their argument. Usually, those arguments fail. When they succeed, that is NO GUARANTEE the visa will be issued. Quite often, the "reaffirmed" petition results in a second and final visa denial. The only REAL assurance of a visa, is to actually HAVE a bona fide relationship, with adequate evidence, and no actual disqualifying factors. -
Question on CR1 Visa
pushbrk replied to fritz222's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Which usually fails. You did not mention sending it back to USCIS. A very small percentage of those cases result in an eventual visa. -
I-864A Co-signer needed items
pushbrk replied to Eduardo 209's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Correct, but it's name is "Tax Return Transcript". Other tax transcripts will not work. To the OP. There are no "cosigners". If advice on how to do this correctly, first understand the correct terms. An I-864 form is used by a "family member" of a sponsor. The petitioner is the primary sponsor. If the petitioner doesn't qualify on their own, they can combine income with a qualified "household member" by using the I-864a. If the petitioner has NO INCOME, they need a "Joint Sponsor" because they have no income to combine. If that "joint sponsor" is married, their spouse should provide an I-864a, no matter whether they have income or if their income is needed to qualify. Affidavits of support are not just statements and evidence of "qualification". Primarily they are a "contract". Before you start, study the I-864 instructions, THEN ask the questions you still don't understand. WHY do you think you need a "co-signer"? -
Question on CR1 Visa
pushbrk replied to fritz222's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Actually, that is not how things work. A CR1 won't be denied without a reason. However, if the reason exists, no amount of quality application and preparation can overcome it. The most common reason for a spouse visa denial, is that the Consular Officer does not believe the relationship is genuine or "bona fide". Preparation and evidence can prevent those denials, but ONLY IF there's enough convincing evidence submitted up front. Contrived evidence doesn't work. Consular Officers are well trained to spot that. Sure, some with bona fide relationships are denied, and some fake relationships slip through. Anybody who is actually worried about that, SHOULD BE WORRIED. If not, be confident and competent, instead of a worrywart.