GenevieveHawkins

Hello;

After multiple delays my husband was able to secure a CR1 visa one month ago. At that point we were so close to our 2 year anniversary that I thought it was better to enter on or after our two year wedding anniversary (no removal of conditions then). We found a decent price for an airline ticket exactly on our two year anniversary, which is today. Some questions:

1: My husband would be considered an IR1 now, right? Do we need to show the English translation of our marriage certificate or do something else?

2: We are travelling together (me, my husband, and our baby). Should we go through LAX immigration as a family (both me and baby are USC) or do they need to interview my husband seperately?

3: Has anybody on here done this (I mean granted CR1 but changed to IR1 at POE). I'm terrified they'll give him a CR1, which I think would expire the day he arrives in America for the first time!

Thanks for any advice anyone can give....we have a flight tonight and this is all new to me, so I'm overthinking it....

I checked the CEAC website and instead of saying "ADMINISTRATIVE PROCESSING" it now says "ISSUED." Hooray! But it's been 7 days and they have not mailed the visa yet...I asked a few days ago and they said they were gathering documents.

I'd like to book our flight back to the US, but obviously we have to wait for the visa in hand. I'm worried that maybe the Embassy will hold onto my husband's passport and visa until after our two year wedding anniversary July 2...I guess that changes it to IR-1 so it would be crazy to fly and have him POE before then.

Can anyone tell me how long it should take to be mailed? Or should we make the 600 mile journey to Bangkok to pick it up ourselves?

Interesting! I did not have a problem with entering our Thailand address...but keep in mind that the software tracks your IP address, so if you are physically present in the US maybe that's causing a problem? I tried filing when I was physically in the US (I thought I HAD TO file in US so I pushed it onto a short trip), got completely different screens and got confused. From Thailand my filing was very straightforward: After my Thai address and information, they asked me if I wanted to test for the foreign income credit (I said yes).There are two exclusions you can qualify for: The first is the physical presence test, meaning that your husband spent 330 our of 365 days of the tax year (2013 I guess?) in Canada. I passed that test, so I did not explore too deeply into the second, which I think means that his only income was paid by a company with a 100% foreign presence. Since he is in Canada, US tax forms (W-2's, 1099's etc) are probably not being filed--they are in my case, as I work on the Internet for a US based company. So I think he'd be under a line item for "Other income." There's another credit you might be able to claim if you're paying for foreign housing, but as I said, all of these just bring your US taxes down to 0 so unless your incomes are pretty high, it's not really necessary. Then there's the question of filing status: If you can and it doesn't change anything, it's good to file MFJ (Married Filing Jointly), but to do that you need either a US social security number or an ITIN. It means your income from your job is added onto the form, but this A: For most couples gives bigger standard deductions B: Adds to your case for proving the bona fides of your relationship, if that's an issue and C: It strengthens your immigrant case to show that you have a solid income yourself (even though they assume you need to find a new job). I filed MFS (Married Filing Seperately) simply because there was too much hassle to get my husband (Who has never been to America) and ITIN number. So it's not make or break. Hope you get the issue on the address fixed....I spent two hours talking to n IRS agent, who was actually surprisingly friendly, regarding my taxes. I had heard horror stories but it really turned out to be pretty simple...good luck!

I'm sorry to hear about all of the problems...it seems sometimes that one denial leas to other denials, or at least puts you under closer scrutiny. But the denial on the CR-1 should be checked into a little bit...why was it denied? Was it an actual denial, or a request for more evidence? Sometimes when you're emotional about these situations it's easy to glance at the top, see where it says no, and not even want to read the rest. But that doesn't help, and no, they don't care. The best answers will be found in the document you already have from before. Reread the denials, all of them. What were their reasons, in their words? A 221G is denial, but is actually a request for more evidence. An actual denial in most situations will come with a waiver, which I've hear takes another year to answer. Something does seem incredibly screwy here, not that consular officers always get it right...

If he was living in Canada all year with you and his income was from Canadian sources, he should not owe US taxes, but still should file them. I think they cap the deduction for living abroad at $96,000 US per year, so if income was below that number he'll be okay. You can get an accountant if the tax situation is tricky but if it's straightforward for the piece of paper just go on TaxAct. If it's like me living in Thailand with my husband they'll zero him out (i.e. no deductions, no credits, no taxes owed) and then you'll have the piece of paper. Try to shore up your assets to offset the loss of income. Best!

You would have the best guess at why they would want to interview after drilling your husband. The reason would be due to the findings of the A P review. The A P is due to something that requires time to look into the situation that developed during the first interview. Its possible there will be no second interview if they discover what they need and simply grant the visa. Was he asked to leave his passport in January?

Your husband didn't understand what the officer must have been saying. It is correct that people can take up to one year to provide additional info or docs to the embassy and be granted a second interview. I have seen this in several cases I helped with and here on V J at times.

Thanks all. They gave my husband back his passport in January with a 221-G about showing more assets/income/joint sponsor. We have some assets (in Thailand--just some motorbikes and land up north) but when my husband showed them that at interview, the officer said she didn't want to see them (something about domicile). We live in Phuket so I've been mailing certified since then. The first 221-G I sent them my parent's I-864As, pay stubs from my job, and mailed his passport to the Embassy. The second 221-G came back saying file your 2013 taxes, get a bill of sale on your parent's house, a job offer letter for you in Las Vegas a letter from your employer and a detailed timeline for your planned arrival in the States. I sent all this into them (except for the job offer letter--had my employer state that I am working on the Internet and can therefor work in the US as well as I do in Thailand). The next 221-G came back saying get I-864As from your parents (??? already turned in on the first 221-G) photocopies of your parents passports (??? I turned in photocopies of their birth certificates with their I864As before, and was told that was fine as my parents have never left America and therefor don't have passports) and my parents 2013 taxes (Okay). Of course several weeks go by between each request for more documents/new submission. They still have my husband's passport at the Embassy.

They did ask for more proof of our relationship but that was earlier, on our I-130--I've been living in Thailand with my husband for over two years and we have a 15 month old baby together, so our relationship is pretty established...

Hello all (and Happy Mother's Day),

I was updating my VJ timeline and noticed that there's a space for a second interview. When I drilled my husband about his interview in January (been in AP since then) he said that the consular office very flippantly told one of the Thai women interviewing for a fiancee visa that "If you don't pass this time you can come back again for interview next year." Huh? I hope that doesn't happen with our case...but can somebody explain the reasons why they would have a second interview on a K or IR/CR-1 visa?

Thanks for the replies....I think I'm overworried...but it's hard not to be! My income was right on the 125% line for a family of three (me, husband, and baby) when I filled out the original documents, but I thought my I-864 had gone through for the Embassy to schedule his interview. So when they came back with my parents as joint sponsor, I wasn't too surprised. We had intended on living with my parents in Las Vegas for the first few months while my husband got adjusted to America (he's never been there). But then after submitting the first documents asked for, they came back needing more documents again...and a different list this time. So now I'm just freaked out about the AP...I don't know how long it takes, or if they'll come back after a month with yet another list of documents we need to produce. As far as I know everything is clear on my husband's side (his medical check, police clearance certificate, passed interview, etc).

It's good to know it's good for six months from issuance. Whew! Now we're getting into odd territory, since our two year wedding anniversary is July 2 (when his visa changes to an IR-1 without needing conditions removed on entry to the US). I'm ready to go anytime...but I've heard it's much better to wait until two years of marriage so you don't have to have conditions removed. And how much does a green card cost? There's a fee for a temporary green card, a removal of conditions, a 10 year residence card? I'm probably getting ahead of myself...but this is all new to me...

Hello,

My husband had his visa interview on January 23 2014 in Bangkok. They asked for some additional documents (mostly on my side with the I-864 and intent to redomicile--joint sponsorship from my parents, 2013 taxes etc). We've been in administrative processing since last submission of documents for about a month now...they seemed confused about how to classify my job (I work on the Internet as an editor for a US based company)...they wanted a job offer letter, which confused me a lot, as I can work my job in America as I can work the job in Thailand. So I had my boss write a letter for me trying to clarify that. And now long administrative processing, with no end in sight.

Me and my husband and baby can leave Thailand like yesterday...as is we told the landlord of our rental house in Phuket that we were planning to move and not buy the house. He sold it and wants us out ASAP so we're frantically making alternate arrangements. I don't know if I have to go back to America alone with the baby (She is a US citizen from me) first to get or do something. But it's now been three months since my husband's interview/medical check. I thought the CR-1 visa was good for six months from issuance, but now I've read it's good for six months from medical check. Can someone clarify for me? If they keep us in AP for another three months then we have to go through the whole process again?

Thank you all for the responses! And for moving the thread. I've been browsing the forum for a little while but am still confused on the household size matter...USCIS Bangkok told me I'd need two 864As (one each for mom and dad) and two 864s (one for me and one for my parents I guess). I asked them about what the household size is (3 on one, 2 on the other, or 5 on both) and they haven't responded yet. I've told my mom to just mail me back the forms with signatures and some spaces left blank until I figure it out...and pray that the Thai post doesn't lose it! I've always been a learn by doing type...greetings all...

Hello all;

I'm new to this forum (of course). I am the US citizen petitioner living in Thailand with my husband and our baby. We have an approved I-130 and now I'm filing the AOS (affidavit of support) in Bangkok. I work on the internet and fortunately can show some income, but it's below the 125% income requirements. As is we planned on living with my parents in Las Vegas until we got off our feet so I asked and mom and dad agreed to be joint sponsors. But what does this make our household size? Am I filing a I864 with a household size of three (me husband and baby) and mom filing an 864 with a household size of 2 (mom and dad) or are we both saying our household size is 5 (all of us together) ? I am confused...