Tineka

We were also married in Toronto. You will get a "Solemnization of Marriage", which the minister fills out. We sent that in in lieu of the marriage certificate.

Just thought I would share our story so far in case it helps. My husband is a USC and I am Canadian. We were married December 2010. We had been waiting for our marriage certificate (it does indeed take at least a couple of months in Ontario, at least) before we sent off paperwork for the CR1. However, we ended up submitting the initial application WITHOUT the marriage certificate, since it was taking so long. We anticipate getting a RFE -- request for evidence, and will submit the marriage certificate at that time. Other VJers told us that having an RFE will only cause us another week or two (provided we respond quickly).

Also, about your fiance/wife visiting -- this is fine, but remember that 1) When she is crossing the border she has to bring ties to Canada (a lease, mortgage, employment letter, etc) and 2) She can only stay for 6 months. I am currently in the US will go back when my 6 months here is up. I didn't really have strong ties when I was crossing, but after detaining me and questioning me closely, they let me through.

Some tips:

Re: Marriage Certificate

It is very important that you the person officiating the wedding send in the paperwork to register the wedding ASAP. MAKE SURE you follow up with them, and also provide them with the means to Fed-Ex/Express Post the paperwork. The longer it takes to register, the longer it takes to get your marriage certificate. Also, have your mayor or MPP look into it if it is taking too long.

Re: Application

If we were to do it again, we would have not waited at all for the marriage certificate and would have had everything Fed-Exed out the day after the wedding.

God bless!

Thank you Kimsue!!!! Awesome!

Hi! Here is a link to an example of an RFE that someone has gotten regarding the J1 residency requirements: J1 RFE

I never got this RFE, but I sent in the proof it asks for, and I would recommend you do the same. So if you have the DS-2019 or IAP-66 (depending on when you did your J1), you can send in a copy of that- it should say whether the two-year requirement applies. My husband (the beneficiary) couldn't find this form so I had him photocopy the actual visa from his passport, which says BEARER IS NOT SUBJECT TO SECTION 212(E). TWO YEAR RULE DOES NOT APPLY. I also sent a copy of a document he received from the organization he got the visa through. Lastly, I typed up a page clearly labelled as an Addendum to the DS-230. I wrote in bold type that my husband came to the US on a J1 visa in XXXX year and that the two-year residency requirement did not apply (as it clearly says on his visa). I then answered the 6 questions from the above-linked RFE and signed and dated the sheet.

If you provide similar evidence and draw attention to that evidence in your IV package, you should be fine! Good luck!

Hi, I know that you can order them online at irs.gov. Scroll down on the left hand side of the page, under 'Online Services' and click "Order a Tax Return or Account Transcript"

HOWEVER I have an additional question to add to this thread, if you will permit me. Hopefully we can get all squared away with this tax transcript stuff at once. There is an example of an I-864 cover letter here on VJ (http://www.visajourney.com/wiki/index.php/I-864_Cover_letter). It describes including a "Federal Tax Return, W2 and 1099INT, 1099DIV" AND a "Tax Transcript". What is the difference between a tax return and a tax transcript? What is a W2, 1099INT, and 1099DIV? Are these things optional?

THANKS!

Hello!

I am the Canadian wife of a USC, and we filed our I-130 mid-March. Last summer, I lived (but did not study) in the US for 4 months on a J1 visa. Can you please tell me what proof did you include that the residency requirement did not apply? Thanks!

I hope you all have a very quick journey through NVC! My case number was assigned 3/24 and I might have had my case complete last week if I hadn't gotten (another) erroneous RFE.

Since you guys are just starting at the NVC, a little advice that I hope might save someone some time... don't assume that NVC workers actually understand the law! In particular, don't assume they understand whether the beneficiary is required to provide police certificates from countries the beneficiary might have lived in. For the beneficiary's country of nationality and country of current residence, the time period is 6 months; for other countries, the time period is 12 months. This information is correct on the "Documents the Applicant Must Submit to the NVC" page, but I got an RFE requesting a police certificate from the UK (not my husband's country of nationality or residence), even though he only lived there 8 months. The other day I finally got a supervisor to admit that this request was in error.

So if the beneficiary in your case lived in another country for more than 6 but less than 12 months, I would strongly recommend attaching an addendum to your DS-230 citing the regulation at issue - 22 CFR sec. 42.65( c)(1).

Also, if the beneficiary ever came to the US on a J1 visa, include in your IV packet proof that either they fulfilled the 2-year residency requirement or that the residency requirement did not apply. I didn't know about this when I first sent my packet in.

Sorry if this post is really boring and/or irrelevant, but for someone with a slightly "complicated" case like mine, this information could save you weeks at the NVC.

Thank you! We really appreciate the advice!

Hello all!

I am new to this site and appreciate the wealth of information here. You all are wonderful and the site has helped so much. Some facts about me:

I am from Toronto, Canada, and my husband is a USC. We were married 12/31/2010.

In the province where I live, it takes 10-16 weeks to get a marriage registered and then get the certificate. We were devastated when we found this out, but had already made all of our wedding plans. We decided to wait until the marriage certificate came before starting our application process.

Recently, a friend also applying for a visa for his Canadian wife advised us to send the application without it, so we did (we sent our marriage 'solemnization' instead). We received an email notifying us that they received our application on March 25, 2011.

Thankfully, our marriage certificate recently came to me in the mail!

My question: can I send the marriage certificate in NOW, to the Chicago Lockbox where we sent in the I-130, in order to avoid an RFE??

THANKS!