IR-1/CR-1 questions

[varuna 0]

Hello!

I will apply for the IR1/CR1 visa for my wife of 4 years who lives in Hungary. I am a USC.

I lived in Hungary from 2009-2011, and for one of those years I did not have an income, so there will be a one-year break in my tax information for the Affidavit of Support (I did not file taxes for 2010 because I had no income). Will this effect the Affidavit of Support because there will be a missing year, or can I simply give tax return information from the three previous years in which I actually filed taxes?

Second, once I apply for the visa, can my wife come visit me with the Visa Waiver Program, or will this adversely affect the visa?

Third, is a photocopy of the marriage certificate sufficient, or should I send them the original?

Lastly, this visa includes issuance of Permanent Residency for my wife upon entry to the US, but I'm wondering if we will still have to pay the filing fee for an adjustment of status? To me right now it looks like the only fees are for the I-130 and the Affidavit of Support? Will there be an interview at the Embassy in Budapest for my wife to pay?

Thank you all on this site for your wonderful help!

[Ryan H 3,790]

Second, once I apply for the visa, can my wife come visit me with the Visa Waiver Program, or will this adversely affect the visa?

Strictly speaking, you don't apply for the visa, you file the petition. When the petition is approved, your wife applies for the visa. To answer your question, she can visit on the VWP, it will have no bearing on the petition or visa. However, she should be prepared to show strong ties to Hungary at the POE and even then, there is no guarantee she will be allowed entry by CBP.

Third, is a photocopy of the marriage certificate sufficient, or should I send them the original?

Photocopy of the certificate is fine.

but I'm wondering if we will still have to pay the filing fee for an adjustment of status?

No, there is no adjustment of status when arriving on a spousal visa. Since you have been married for longer than 2 years (4 in your case), your wife will be issued an IR-1 visa. When she arrive in the US, she will be issued the 10 year green card.

To me right now it looks like the only fees are for the I-130 and the Affidavit of Support? Will there be an interview at the Embassy in Budapest for my wife to pay?

You pay the filing fee for the I-130 to USCIS. You will pay the Affidavit of Support and Immigrant Visa fees to the NVC when the file arrives there. There will also be a fee for the medical examination which is paid to the facility that conducts it. The medical examination can only be done at a facility designated by the Embassy.

Edited July 6, 2011 by Ryan H

[Navyk 78]

If your income in the other subsequent years (2011) is good, then the one year (2010) with no income may not come in the way. But if I were you, I will find a co-sponsor to avoid RFE (request for Evidence), which delays the process at NVC.

It is good that you meet to show strong relationship ties required to be proved at the interview time. But it is better you go to hungary. Her coming to US will make dilute her strong ties to Hungary.

Do not send any Originals at the I-130 level. The Original or Certified copies of Birth, Marraige, Police Clearance certificates will be required to be sent to NVC after I-130 is approved and case is tranferred to NVC, where your foreign spouse actually applies for immigration visa and you provide the affidavit of support for your spouse.

There is no adjustment of status with I-130, as your spouse will get conditional green card CR1 (if married less than 2 years) or 10 years green card IR1 (if marries for 2 years or more).

Fee for I-130 is USD 420, for I-864 is USD 88, for DS-230 is USD 404.