RJS7

Just called NVC. Not only were they able to confirm receipt of my file from USCIS but the helpful guy on the phone was able to tell me my case number and invoice number. He also took my email address.

My case was approved at USCIS on 6 Jan 2016 from CSC so I would suggest anyone in the same boat to give NVC a ring.

A friend of a friend married a guy from Ireland about 20 years ago and they lived there ever since. She visited the US alone once and went to an immigration office. I don't know if they told her incorrect info or if she misunderstood it, but she and her husband sold all their stuff, sold their apartment, quit their jobs, the whole bit ... and bought tickets to America - under the misinformation that they could work on his green card while in the US.

So they got on their flight and landed in NYC. They were separated at immigration and she was let in (American citizen) while he was sent back to Ireland! She was allowed to say goodbye and that was that. Can you imagine that situation? Just horrible. So they started the actual process then and the consulate allowed them to do an expedited case due to their circumstances but it still took 8 months til they actually got back to the US together (she went back to be with him after a week or two in NY). Crazy, eh?! The poor couple. I couldn't believe it.

Harsh yes but you just can't assume things in immigration matters. If the situation was reversed and they were trying to immigrate to Ireland for example, it can take up to a year to get a spousal permission to remain here (the immigration mechanics are a little different in Ireland). There is no right to remain past the normal 90 day visa waiver and no right to work while the application is in process.

Our medical was around the 3rd of december, collected a week later. Sent off after Christmas holidays on the 31st of December as i didnt want it sitting around with a chance to get lost during the holidays,recieved interview date on 5th Jan for 22nd of jan.

Can you give us a run down of how the interview went? Questions asked etc?

Very good question

I would imagine that you may spike an interest if you ran close to the limits, you know staying 89 days per visit or 5 months total in a calendar year

Similar to you I travelled a lot but stayed well within the rules

I know they have a record because the CBP actually said to me 'wow you visit us a lot'

I guess if you act like an idiot at the desk (as some people do) you may black mark yourself

I saw a drunk Brit in Vegas refused a flight as he was rude and obnoxious

No I didn't know that in respect of 5 months total per year. I wouldn't get near that in truth in my current circumstances but, nevertheless, useful to know. Still though, good to know that a consistently compliant travel record is a valuable asset to the would be traveller presenting at POE

And definitely no good a travel record will help a belligerent drunk.

How much weight does a CBP put on past good compliance with VWP conditions? My wife is a USC (we both live in Ireland for the moment - I am in CR1/IR1 process) and I've travelled to the US on VWP 7-8 times over the past 5 years, each time as a bona-fide tourist for 2-3 weeks and each time returning on the intended date as specified to the CBP official.

Does this factor into the CBP official's decision making to any significant degree or is past performance viewed as insignificant to possible future intentions at each POE event?

Or does it essentially all boil down to questioning and verbal/non verbal response to same?

The FEIE is not available to a person who is not a USC or LPR.

https://www.irs.gov/Individuals/International-Taxpayers/Frequently-Asked-Questions-About-International-Individual-Tax-Matters#ForeignEarnedIncomeExclusion

But if non-resident alien elects to be treated as a US resident for tax purposes (necessary for the NRA to file jointly with USC spouse) then does the exemption not apply as it would to a normal US resident?

https://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad---Nonresident-Alien-Spouse

If you file jointly based off what I have read you will also pay taxes on what your spouse also made. So that income depending the spouses's country made be paying taxes twice. Their and USA. Wrong. There is no double taxation. The US gives a US tax credit for foreign taxes paid.

I was going to file jointly with my husband until I find the details of needing all his income for the year when he is already paying taxes.

As for amendments, I'm unsure but less contact with the IRS is something I prefer. Even though we might have gotten more back, the frustration just isn't worth it when we are already stressed enough with immigration. Electing to be a US taxpayer is easy when the foreign spouse has little or no income. It's a no brainer if the foreign spouse made a ton of money in a country with a lower tax rate than the US; don't make the election to be a US taxpayer. For those in the middle, it's having to do the tax returns both ways (MFS or MFJ) to see which is the better result. The difference can be several thousands of dollars.

Note that the US also provides for a foreign earned income exclusion as an alternative to claiming a foreign tax credit. This allows for the complete exclusion from taxable for foreign earned income (eg salary) up to a limit of somewhere around USD 120K to USD 150K.

???? Even if that was true, which it is not, that is not what ESTA asks.

IRCC the ESTA asks if you have been arrested or convicted for a crime that resulted in serious injury to a person or serious harm to property or government. Therefore, if the arrest and/or conviction does not relate to said crime then it is not required to be disclosed. What constitutes "serious" however is not something I can say but there are help guidelines on the ESTA website.

A misdemeanour is a crime AFAIK, being a lesser grade than a felony. In some States a violation is not a crime (but is an offence) that does not result in a criminal record. But like I said if it not the kind of "serious" crime mentioned above then my opinion (layman) is that there is no misrep when not disclosed on an ESTA.

Totally separate to the issue of the ESTA is the issue of an outstanding warrant. I would find it incredible that a person would not be arrested at POE if CBP know (or become aware during routine questioning) there is an outstanding arrest warrant. However I am not a lawyer so I don't know what powers a Federal agency would have with respect to a violation of a State law (other than heavy duty ones like murder).

Do you think it will be a problem that my fiancee lives in the US, and not somewhere else? Would they have let you through if your wife was instead living in the US at the moment, but you lived in Ireland?

Can't say myself but if you search around the forum I'm sure you'll find an answer. You won't have been the first person to go through this you know.

Thanks for your answers. Also, do I have to tell the officer in customs at the airport that I'm going to get married when I'm arriving on tourist visa? I'm afraid they don't want to let me through if I tell them my true intentions.

Tell him the truth and you'll be fine. I got married in the US in last year, flying from Dublin. Told the customs officer straight off that I was traveling to the US to get married but would be back in Ireland 2 weeks later. He asked if both myself and my (now) USC wife live in Ireland (we do), what I do for a living and after that I was on my way.

You just need to satisfy them you are going over for your stated purpose and that you won't overstay. I had a letter from my employer stating when they expected me back at work plus some recent utility bills in both our names in my bag. Customs officer didn't ask for anything bar answers to his questions.

1. Country USC resides in: Ireland
2. Is there a USCIS field office in this country / Is DCF still possible? No
3. When did you file the I-130: Mailed Dec 8, 2015 and received Dec. 17, 2015
4. How long had you been living abroad: Just over 4 years
5. Do you reside in the country legally? Yes.
6. What is the reason for your residence: Post graduate student on a study visa, then on a post-graduate work permit, then long term relationship with Irish citizen
7. Did you list your foreign address on all forms in I-130 package? Yes.
8. Did you send I-130 package from abroad? Yes, through An Post (Irish post office), registered package
9. Did you include evidence of your residence abroad in the I-130 package? Yes. Copies of: letter from Irish Immigration Authorities confirming basis of legal residence in Ireland, utility bills in both names, Irish private medical insurance in both names, various holiday return flight tickets to destination and return to Ireland.
10. Did you mention the fact you reside abroad in the cover letter or write a letter describing your current situation and the evolution of your relationship with your spouse (mentioning your residence abroad)? Yes but only as a reference of our correspondence address.
11. Has your case been "auto-expedited"? How long between NOA1 and NOA2? Yes, only 20 days and over the Christmas period also.

Wait, is living abroad an issue when expecting to receive a hard copy of NOA1? That's what I am awaiting in my case.

I got this following email:

Your case has been accepted and routed to the USCIS California Service Center for processing. Within 7-10 days by standard mail you will receive your official Receipt Notice (Form I-797) with your Receipt Number ***********. With the official Receipt Notice (Form I-797) you may visit www.uscis.gov where you can check the status of your case using My Case Status. We suggest you wait until you have received your Form I-797 before checking My Case Status."

So, they will send this to my address abroad, yes? It is the one I put in the I-130 and G-325A. I'm assuing this is still NOA1, not NOA2?

It wasn't a problem for me and I live in Ireland. Got the same email on 17 December and received the hard copy (which is NOA1) in the last week of December.

NOA2 is what they send you when your case has been approved.

Which one visa? f2a?

Which one visa? f2a? And you have green card or citizenship, dud?

And also congrats dud..... I hope we are also going to approved..... This January

Thanks everyone, I hope you all get some good news soon also.

Mkatel0317, my spouse is a US citizen so I'm IR1/CR1 visa category. F2A is for spouse of a LPR (green card holder) IIRC.

Hi guyz am a little bit confused here,my priority date says 22DEC and my notice date says 24DEC .just wanting to which fits into i-130 NOA1..tnxx

Priority date only really applies to visa categories that have an annual limit (e.g employment). The US only issues a certain amount of certain visas every year so they assign priory dates to applicants to manage the inflow. You don't become eligible for a visa until your hit your priority date.

The good news that there is no limit to spousal visas (fiancé too I think). That's why you have a priority date before the notice date, your priory date is the day USCIS received your I-130 and the notice issued two days later telling you this. I got the same in my NOA1, priority date 15 Dec and notice date 17 Dec.

Well folks it looks like a bit of good news to start us off. I checked the USCIS website this evening and saw the following.

"On January 6, 2016, we approved your Form I-130, Immigrant Petition for Relative, Fiance(E), or Orphan, Receipt Number WACXXXXXXXXX. We will mail your approval notice. Please follow the instructions in the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address."

Didn't get an email notification yet so I'm going to wait until I get my NOA2 in the mail before definitely saying I'm in my way to NVC. However let's hope this is the first of many quick I-130 turnarounds for Dec 2015 filers.

I'm filing from abroad and at California Service Centre.

Maybe I can help a little op. I'm Irish and my wife is a USC and we both live in Ireland. We got married in OH last year and filed our I-130 petition (spousal visa) with USCIS in December. Got our NOA1 on 17 December so the ball is rolling (however slowly)

The reason why we went spousal rather than fiancé visa when we thought about a visa many months ago? Simple, I wanted to be in a position to work as soon as I land in the US. For me the risks associated with not being able to work asap outweighed the foreseeable visa process being quicker with a fiancé visa. However, everyone has their own priorities.

Best advice I can give at this point in your visa journey is to read the guides and clearly understand the ins, outs, pros and cons of either visa and figure out what is best for you both in your own circumstances. I know you are looking into a crystal ball a bit but nothing is without risk and all you can do is make the best informed decision you can for both you and your significant other.

As regards travelling on VWP while visa application is in process, this is something I will personally test in May 2016 when my wife and I intend to travel to OH to visit her family as we have done regularly over the past 5 odd years. I am not worried about it. My intent to be able to convince the immigration and customs official that will be returning to Ireland in 2 weeks (which is true). I'll bringing what docs I can to prove this (employer letter, recent utility bills on both our names etc). This is in line with virtually everything I have read on this site.

Keep in mind point of entry when coming from Ireland is Dublin airport, not the US airport you land in. Consequently, it is mostly US and Irish citizens passing through so the risk of potential fraud is relatively low. Nevertheless, be prepared to prove to the official of your bona-fides everytime you pass through. That's my rule of thumb.

For example, when travelling to OH to get married I told the official at Dublin airport that I was travelling to get married and that my wife and I were both returning to Ireland afterwards. He asked if we both lived in Ireland and I truthfully said yes. He also asked what line of work I am in and once I truthfully answered that I was on my way. I had various documents to prove I was coming back but he never asked for any proof to my answers.

Hope this helps.

Might be a bit late with my input here but my wife is from Ohio and I'm from Ireland, although we both live in Ireland. We got married in Ohio this year and when I was passing through Dublin pre-clearance I told the officer that I was going to the US to get married and I didn't have any problems. I brought documentation like a letter from my employer, utility bills etc to show I have strong and current ties to Ireland, but the officer didn't ask to see anything like that.

That being said, he did ask if we both lived in Ireland, which we did at the time (and still do). So since your future wife lives in the US, that might put a different spin on things - just be prepared to evidence that you intend to return home after being married.

Totally separate from immigration matters, when you go to get your marriage licence be prepared to be split up and both answer some questions about your relationship. I can't remember exactly what they were, but it was 5 or 6 written answers needed to questions like where you lived, how long have you know each other etc. Basic stuff like that. We had to do this as I didn't have a US social security number. Also, check with the probate court in the county that you intend to be married for any docs you will need to get your marriage license. I brought my birth cert as well as my passport for example. It's easy to order a certified copy of your Irish birth cert if you need it.

Let's hope by Christmas 2016 we'll all be sitting on visas in the passport!

Sent off my I-130 package on 8 December 2015 and received email confirmation of receipt and forwarding to California Service Centre on 17 December. I'm also expecting a 9 to 12 months end-to-end process. I emailed my embassy a couple of months ago and they said currently 9 months but always subject to change.

Just as a follow up. Check the website of the probate court in the county you need to attend for the licence. It should tell you what you need.

Failing that, just call into them and ask. That's what my mother in law did for us before we travelled from Ireland.

I got married to my wife near Cleveland in September 2015. We both live in Ireland and we had our wedding near where she is from.

To answer your question, no I did not need to provide a SSN to get the licence. What I did need to provide was my passport and my birth certificate.

Also, because I don't have an SSN they split myself and my wife apart to answer 5 question on a form to check if they match - the idea is to screen for sham marriages I reckon. The court official didn't really look at the answers but it might be one of those things that pop up as part of immigration process - that's just a guess on my part though.

Getting your hands on your birth certificate from Ireland shouldn't take long at all. If you order online from the registrar you'll get a certified copy in the post within a week (if delivered to an Irish address) and it only costs 20. It's the long form one you'll get.

See here http://www.citizensinformation.ie/en/birth_family_relationships/registrar_birth_marr_death.html

More experienced VJ'ers, please correct me if I am wrong, but where a certified copy of the birth certificate is issued by the appropriate authority (registrar for Ireland) I believe this is a good as the original for US immigration purposes.

Getting your hands on your birth certificate from Ireland shouldn't take long at all. If you order online from the registrar you'll get a certified copy in the post within a week (if delivered to an Irish address) and it only costs 20. It's the long form one you'll get.

See here http://www.citizensinformation.ie/en/birth_family_relationships/registrar_birth_marr_death.html

More experienced VJ'ers, please correct me if I am wrong, but where a certified copy of the birth certificate is issued by the appropriate authority (registrar for Ireland) I believe this is a good as the original for US immigration purposes.

Getting your hands on your birth certificate from Ireland shouldn't take long at all. If you order online from the registrar you'll get a certified copy in the post within a week (if delivered to an Irish address) and it only costs 20. It's the long form one you'll get.

See here http://www.citizensinformation.ie/en/birth_family_relationships/registrar_birth_marr_death.html

More experienced VJ'ers, please correct me if I am wrong, but where a certified copy of the birth certificate is issued by the appropriate authority (registrar for Ireland) I believe this is a good as the original for US immigration purposes.

Hi all,

I was in the U.S. on a J1 in 2002 and looking around VJ I note that as part of the IR1/CR1 process NVC would normally ask for a copy of the DS2019.

However, while I still have my old passport with the J1 visa, I have lost the DS2019. I checked with the travel company who organised my J1 and they did not keep a copy.

Will this be a problem for me? Is it just a case that NVC want to confirm that there was no overstay? If yes, I can provide other evidence that I did not overstay. The stamp on my passport shows when I entered the U.S. and I have a letter from my college in Ireland confirming that I was physically present at the college for registration that year, about a week before my J1 visa expired.

Will this be good enough?

Thanks

Thanks for the info. It's just that I've various conflicting posts on VJ on if there is a need for follow up info. Most say that the doctor makes you source the information/letters from your GP yourself and others say that the doctor contacts the GP directly.

I'm just trying to understand the process to help understand what kind of records I should bring with me in advance and what kind of follow up docs might be required.

Thanks for the link but FAQs don't appear to address my particular question. Is there anywhere else I could find such info?