pollycranopolis

My wife's CR1 visa has been approved, and she is preparing to immigrate to the US in approximately 1 month. She has been living and working in Qatar for the past 10 years as an expat. She has amassed considerable back-pay and savings while in Qatar (approx. $60kUSD). She currently holds no US bank accounts. I was wondering how she would go about transferring these funds from her accounts in Qatar to the US quickly (and legally of course). Can she simply transfer the funds into my (spouse) US bank accounts? Can she physically bring the funds with her? Or should she/does she have the ability to open a US bank-based account and make a transfer from her current bank (her current bank does not operate in the US, and she has not yet received a SS number). Any advice is appreciated.

1) Yes.

2) Should not be an issue. Provide proof and a written letter stating why you did not have to file last year.

Technically I DID file last year - It's just an extremely low amount (about $6,000). Will this have an effect? Also, is it advisable to JUST SEND official tax transcripts for 3 years, and NOT the official returns, W2's, etc? Some people have suggested they PREFER these transcripts.

I'm happy to report that my I-130 has been approved for my spouse living abroad (Qatar). I have a few questions in regard to the filing process for upcoming NVC paperwork.

1. Is it possible for me (petitioner) to complete all the remaining pre- interview paperwork on behalf of the beneficiary if I can obtain all the beneficiaries required documents and signatures? (AOS, D – paperwork, etc)
2. In regard to support paperwork: I've worked my current job since Feb 14' (less than a year, making substantially above required income levels.). However, I have NO income for the last reported tax year (2013) as I had returned to finish college while relying on savings. The previous two tax years (2012, 2011) I was just at the edge of income requirements. Based on this scenario, should I expect to seek out a joint sponsor, or rely on my current job situation (in good standing, less than a year, substantially above income requirements) to fulfill NVC’s expectations for support?

Any advice is appreciated. Thanks!

I needed to refresh my memory on how a G-325A appeared. I removed the post containing incorrect info that I posted along with your post quoting said incorrect info.

Use mailing addresses on the I-130 unless the form specifically calls for a physical address.

Use physical addresses for the G-325A.

Thanks for the advice! Just what I wanted to know.

Is this correct?

To answer your question, a mailing address can be used unless the question specifically asks for a physical address.

Once you file the I-130, I suggest you read the wiki I linked to below for how the NVC process works. If you wait for the NVC to send you anything (if they do at all), then you will unnecessarily wait for a long time.

http://www.visajourney.com/wiki/index.php/NVC_Process

So mailing address (PO Box) for petitioner and beneficiary on I-130, physical addresses for both on G25A?

Following a members suggestion, I have used my mailing address (different from my physical address on my G25A) for Line B-2 on the I-130 (as this is the location where I physically receive mail). My question is in regard to my spouses address on the I-130. Like myself, my spouse's physical address does not accept mail, so she must use a PO Box address to receive mail through her company.

- Should I likewise replace her physical address with her PO Box mailing address on our I-130 forms? The reason I ask is in regard to further documentation she needs to receive from the NVC - If they go by her physical address, she will most likely not receive any mail they send her. Thanks!

Addtionally I have a question about the i-30.

*Item 2: My spouses address is along the lines of simply "Street name, building 38, city, country". She uses work PO box for all mail, and does not have a particular apt number or postal code - ideas on how to fill this out considering the available info?.

*Item 13/14: She has visitied the US, but is not currently in the US - Is it ok to put yes for 13 and leave 14 blank?

- I am a USA citizen.

- I married my foreign spouse via civil wedding in the US (MD) April of 2014.

- No prior fiancé or K3 visa was acquired prior to marriage.

- Wife possesses a valid US tourist visa, and has made numerous trips to the US over the last several years (1-2 weeks at a time, 3-4 times a year).

- Wife was born in Philippines, but has lived and worked in Qatar as an ex pat since 2003.

My wife has returned to work in Qatar as usual. I was going to start the process of filing for a CR-1 Visa. I wanted to check with you guys to see if there are any nuances I should consider not mentioned per the step-by step guide located here: http://www.visajourn...tent/i130guide1. Any addtional considerations in regard to the details of my case that stick out, or additional tips or tidbits I should remember when filling out these forms is appreciated.

The reason I am asking is that while the guides on this site seem pretty straightforward, the handful of immigration attorneys I've talked to make the process out to be much more complicated (of course they would right?!). Average fees seem to be hovering around $2,500 to have attorneys take over the filing process.

Thanks!

K-3 visas are rarely if ever granted anymore, they are obsolete. The K-3 was used years ago when the time between filing the petition for the i-130 and approval of the visa took many years. Now the wait time is only 6-12 months. The proper way to do it is to file an i-130 for the cr1 while the intending immigrant waits for interview in their home country. The foreign spouse can visit using a visitor while waiting for the interview, but must make sure not to over stay and must return to home country for the interview.

Any differences between the k1 fiance visa, and the k3 spouse as far as wait times/rules? Would these allow for her to get here faster, and remain pending a i-130? Reason I'm asking is that I wont be in a position to file a cr1 0r i-30 until jan/feb of next year. If I would apply for fiance visa now, and it would get approved by say, Jan/Feb 14, wouldnt that allow her to remain for marriage and AOS? Would intent to imiigrate still be an issue at that point?

OP you are missing the point entirely... Regardless of if she is coming in her NEXT vist or the visit after that or the visit after that or so on and so forth... She CANNOT enter the USA on a tourist visa withy he intent to stay in the USA... This is playing with fire. The AOS process you keep referring to is a loophole in the law which allows a citizen to spontaneously marry someone who is visiting on a tourist visa (who arrived without prior intent to marry and adjust status) to stay and adjust status.

If there was an easy button where your foreign spouse could just wait it out here in the USA with you without the inconvenience of waiting apart, well, there would be little need for this forum. What you are proposing is illegal, clear and simple and will carry a ban. Once you marry, she goes back to her job, she can come visit you (be sure to provide proof of ties to her country that she resides in so they don't think she is intending to stay) as much as she wants, but it is up to the immigration to let her in or not... Then... She will niter view and receive the visa in the country she resides in...

Thanks for the info. Very helpful. I have a pretty good grasp now on the points your'e making. You can marry in the US, but theres no guarantee your spouse will be able to get back into the US using a B2 (tourist visa) once they leave (until the US spouse completes a Cr-1, and eventually the other spouses visa is approved). Also, the cases where spouses stay awaiting green card approval are for special circumstances where it is genuinely understood by immigration that the marriage was not planned. Otherwise, it's illegal, and a heavy gamble to take (with 10 yr possible ban).

Just because others have done it and gotten away with does not make it legal. And perhaps their spouses came to the US and were not intending beforehand to do it. Entering the US with a visitor visa with the INTENT(which you have already stated that you have) is visa fraud and carries a ban, with no appeal.

After marriage, she would return to her home country. On the NEXT visit, she would like to stay as the paperwork gets proccesed. However, it may still amount to fraud if there was original intent, even though she had initially returned home abroad? If the intent to marry was not extablished, how would AOS work upon her return to the US after marriage?

K-3 visas are rarely if ever granted anymore, they are obsolete. The K-3 was used years ago when the time between filing the petition for the i-130 and approval of the visa took many years. Now the wait time is only 6-12 months. The proper way to do it is to file an i-130 for the cr1 while the intending immigrant waits for interview in their home country. The foreign spouse can visit using a visitor while waiting for the interview, but must make sure not to over stay and must return to home country for the interview.

So I would file a 1-30 for her from the US (as a sponsor), and once processed she would interview in her country? Would she interview in Doha (her work country) or Phillipines (her home country)?

I'm assuming that you are suggesting that she uses her tourist visa to come to the US and wait for the green card to be processed. Am I right?

To put it bluntly, that is visa fraud. Any foreigner who enters the US with a non-immigrant visa but intending to stay as an immigrant is committing immigration fraud, regardless of whether they are married to a US citizen.

The proper and legal way to do it is for her to go back to Doha and continue to work while you petition for her to receive a green card, which is the I-130.

I-130 is a petition and can only be filed by US citizen or permanent resident of the US.

As of now, the I-130 process, once filed, will take approximately 8 - 9 months to receive a visa. K-3, on the other hand, is not worth pursuing because the process will take just as long as the CR-1, which is the spousal visa that leads to a green card.

Please check out this info page for details on how you can proceed with the I-130 petition and the follow-up procedures.

*Intending being the point of contention. I understand that entering the US with an intent on marrying and staying afterward is a no-no. However, I know of other couples in a similar scenario who have had thier foreign (tourist visa) spouses stay after they have married in the US, and are awaiting spouse green card approval. Is this possible?

Would the process be quicker should we hold off on marriage, and instead go through the fiance visa channel first? (she already has valid tourist visa).

Ok, here is the skinny..

*Met My fiancé through social networking 3 years ago.
*She is a native of the Philippines, but currently lives and works in Doha, Qatar (last 10 years as ex-pat).
*She has a valid tourist Visa, and has entered the US legally on multiple occasions (even before we met).
*Since meeting, she has come to the US every couple months for 1-2 week periods to visit me over the last 3 years (I myself have never left the country).
*We were planning a courthouse marriage in the US upon her next visit (a couple months).

*She would then return to Doha as usual (for work) for at least a 2-3 month period after our marriage.

*After returning to Doha for work, (2-3 month period) she would like to be able to resign from her job, and return to the US to live with her husband (me) while the necessary paperwork is processed to grant her residency status, and the option to legally work.

Question: Given this scenario, what are your thoughts on the best options, processes, and forms for this to be accomplished smoothly?

P.S. - I've done a little research, but am still confused (1-30 for her (by me, US citizen?), then K-3?)

I'm also a little worried about intent to marry issues. Would our US marriage, followed by her prompt return overseas have any implications on her being able to stay awaiting green card status on her next US visit?