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Everything posted by pushbrk
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Question about form I-130
pushbrk replied to SarooR's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Yes, that's OK. BUT.....be very certain he indicates that the location where you will adjust status is filled in as NO Applicable, and the section where you will apply for a visa is correctly filled with the location of the Consulate. My real advice is to indicate you are NOT in the USA, and then file the day AFTER you leave. Less chance for USCIS to make a mistake that way. -
It's still true, PERIOD. Only exceptions are when there IS no Immigrant Visa unit in the country, but even then the most choices you will have is two Consulates. Most often, it is only one. The only way you could EVER file a petition in a country you are visiting, is if there would be an acceptable (rare) set of circumstances justifying it. Don't know or care to speculate about what those would be. If you want to file an I-129F AFTER you have your I-130 filing receipt, it won't hurt anything. It might speed things up, or just be a waste of time. You can't know without trying.
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That's not WHY the K3 visa is obsolete or no longer available. My ex wife was issued a K3 visa in 2006. They stopped saving time a few months later, and became all but obsolete in early 2010. The only change since 2010 is that they get killed by USCIS a little earlier than being killed by NVC AFTER petition approval. It was policy changes, first at NVC and later at USCIS that killed that visa.
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Question about form I-130
pushbrk replied to SarooR's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Unless you are in the USA right now, just enter not applicable for that section after checking NO. Then starting with the passport number, continue to complete the form. Also, advice your spouse to read carefully, including noticing and literally interpreting the little words, like if, or, and etc. They matter. -
You are confusing filing a petition with applying for the visa. Once the petition is approved, the foreign spouse is invited to apply for a visa, where they currently live, or where they are a citizen. Since the the second petition is never going to be approved, a K3 visa will never be applied for anywhere.
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Expedite Visa Interview
pushbrk replied to Lone's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Correct. COVID delays are generally no longer an issue. Those backlogs have been cleared but there are still places in that region that have very long wait times, like Ghana and Nigeria. -
Expedite Visa Interview
pushbrk replied to Lone's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I wasn't talking about "searching" for information here, but it's great you tried. I meant "asking". I can understand why it is difficult to get information about that Consulate though. Maybe post in the appropriate regional forum with a topic title that includes your question. Somebody who has some information might see it and provide some anecdotal information. -
Expedite Visa Interview
pushbrk replied to Lone's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Information IS available and tracked here by Consulate. When you ask, include the country in your question. -
Civil documents for CR1 [merged threads]
pushbrk replied to LincKay's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
That's only an actual requirement if you need it to track name changes. Example Mary Jones, marries Mr. Smith, then divorces him. Later she marries Mr. Bailey. Her divorce mentions Mary and James Smith divorcing but does not mention the name Mary Jones at all. How does the Consulate know the Mary Jones on the Birth Certificate, Mary Smith on the divorce decree, and Mary Bailey are the same person? Answer: By providing that first marriage certificate. If you were in this situation, you would have needed that marriage certificate for USCIS already, for the same reason. If you didn't, it's not needed now either. -
affidavites of personal relationship
pushbrk replied to megaladon's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Correct, and I don't know their intentions, but with an immigrant visa to the USA, she can maintain resident status, while living with her deployed active duty husband abroad. Entering Germany is a separate issue pretty easily handled for the spouse of an active duty military man. -
affidavites of personal relationship
pushbrk replied to megaladon's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
You are overlooking the most important evidence you have. It is last on the list, "any other". For newlyweds living in separate countries, use your evidence of time spent together in person. It's the stamps in passport(s) showing you in the same country, and some photos together. Throw the affidavits away or keep them as momentos. -
Foreign divorce documentation a problem?
pushbrk replied to Budapest's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
FYI, each US State is different in how divorce decrees are handled. "Decree Absolute" is a British term and only used in the US States that call themselves "Commonwealth", MA, KY, PA, and VA. A US State Dept. link has already been given, which when the country is selected, tells the reader the exact acceptable document or documents, as well as how they can be obtained. That's the source. Randomly searching for something available in MA, would be highly counterproductive. -
Civil documents for CR1 [merged threads]
pushbrk replied to LincKay's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
It depends on whether both your married and maiden name appear on them. If they worked for USCIS, then they are probably ok. -
Civil documents for CR1 [merged threads]
pushbrk replied to LincKay's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
For a spouse visa, they need to see the current marriage certificate. Not sure the source of your quote above, but if the marriage certificate is in the local language where the interview takes place, it does not need to be translated. Previous marriage certificates are only needed if they are the only way to track name changes. -
Income Report - No W2 or 1099
pushbrk replied to James1223's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
For the self employed, current income documentation IS the last tax return, either complete copy or tax return Transcript. Depending on the timing of the interview, you may need the 2023 tax return, but when neither 1099 or W2 forms exist, they are not "required". -
It appears that unless you were born in Tunisia or currently living there, no police report is available to you. Not available = Not required. Registration Criteria: A combined police and prison record is available to: Nationals of Tunisia; Foreigners born in Tunisia; and Foreigners presently residing in Tunisia Exceptions: The Tunisian authorities do not issue police records to former foreign residents, unless they were born in Tunisia. In the case of a former foreign resident not born in Tunisia, the Tunisian authorities transmit any criminal record or other derogatory information to authorities with jurisdiction over the foreigner's birthplace.
