doodads

I filed for a CR-1 for my wife and she was approved. When she arrived at the airport (Dulles) in the USA, we had been married two years and one month. She asked the POE officer for a 10-year green card since we had been married over 2 years, but he said he had to give her a 2-year green card. A week later we returned to the airport and talked to a POE officer and explained the situation. He called the Texas Service Center, and they told him to fax them copies of her passport, visa, and marriage certificate and they would review it and call us. They never called us.

We contacted our congressman's office and explained the situation to a woman on his staff. After 8 months and MANY unreturned phone calls to her, the woman on the staff finally called me last week and said that the Service Center told her that my wife cannot get a 10-year green card until we apply for it right before her 2-year green card expires.

I thought that if we were married for more than 2 years when she arrived here, she could receive her 10-year green card right away. Does anybody know if what we have been told is correct or not?

Thanks,

Bob

U.S. citizen can file for K-1 ONLY 2 times..And thats it...

And also has a waiting period to file a second K-1(in same cases they will also need a waver)..

Not true. I filed for three K-1s, two for the same woman, and all three were approved.

My wife tried to get a 10-year green card when she entered the US in December. The POE officer told her that she could not get one because we did not live together the whole two years two months we have been married.

My wife came here in December, 2 years and 2 months after we married. She told the POE officer how long we had been married, and requested an IR-1 visa. The POE officer told her that since we were not living together for all of the 2 years and 2 months of the marriage, she could not get the IR-1 visa. He gave her a CR-1 visa.

Bob

My wife came here in December on her CR-1 visa. She mentioned to the POE officer that we have been married 2 years and 2 months at that time. The officer told her that since we did not live together for all of that 2 years and 2 months, she could not receive the 10-year visa.

Bob

Guys,

Maybe I'm worry about nothing but, When I filled my wifes I-130 I gave her my family name along with her complete name. Her 1-NOA arrived with my family name. I asked her to get her passport changed to add my family name. She told me that the passport office in Cali Colombia told her that her passport was too new to get changed??

Now I worry what will happen when I send a photo copy to the NVC and at the Embassy in Bogota, when they see my family name is not on her passport.

Anyone had this problem?

Thanks

I did all of my wife's paperwork using her new surname (my surname). Her passport had her previous surname. She went to the interview, showed them our marriage certificate, and there was no problem. She received her CR-1 visa.

"Another option is to file as single now and amend the return after she arrives."

Pushbrk,

It is very dangerouse to follow your advice. If he/she is married she/he MUST state it. otherwise they will be in bad situation.

They have two opptions: Married filing separatly or Married filing jointly.

If a peson is married but he/she claim himself/herself as a single it will create a lot of problem after ...

Not true. I filed single status before my wife got her ITIN number. Once she got it, I amended the return and filed jointly. I don't know if you can file jointly without a social security/ITIN number.

The IRS doesn't care. They have your extra money from filing single until you file an amended return.

Dont think her parents stand much of a chance of getting a visitors visa to come and visit someone who is illegally here in the US... you need to go and talk to a immigration lawyer about sorting out your wifes status.... you may be able to do AOS without her having to leave the US but only a good immigration lawyer will be able to look at your case and give the best advice for you.....

Kez

NOPE there is no possibility to adjust status from a K1 if you did not marry the original patitioner. It has already been argued here on VJ. The only way is to return to her home country.

Sorry but I have to beg to differ.... I know of 2 couples that I met here in Boston who were at their interviews at the same time as us, both were doing AOS after entering on a K1 and not marrying theperson who filed for them, they stayed in the US and married years later and both of these couples were approved the same day as us.... so please dont tell everyone that they cant do it.... much better to advise a visit with an immigration lawyer and let them look at all the facts....

Kez

Were is kitkat when you need her.

here is the law:

It's specific to K-1. It's in INA 245(d)

The Attorney General may not adjust, under subsection (a), the status of a nonimmigrant alien described in section 101(a)(15)(K) except to that of an alien lawfully admitted to the United States on a conditional basis under section 216 as a result of the marriage of the nonimmigrant (or, in the case of a minor child, the parent) to the citizen who filed the petition to accord that alien's nonimmigrant status under section 101(a)(15)(K) .

The 101(a)(15)(K) section is the section that describes the K-1 visa. In plain language INA 245(d), that says that a K-1 alien cannot adjust status except as a result of a marriage to the original petitioner.

http://www.visajourney.com/forums/index.ph...82032&st=15

is the link to the thread it is not possible to adjust from a K1 except by the original petitioner

They can not do AOS based on their K1..... you are right.... BUT they can file an I-130 along with their AOS and file based on a current marriage to a USC.... they are two entirely different things..

Kez

You are saying that she can adjust her illegal status because she is now married to a USC?

Good luck....

Good luck to you. My wife is also from Siberia (Novosibirsk). I know that it is a very long trip to get there. I also fly there from Dulles.

Bob

I don't get it. Most states let illegal immigrants get drivers licenses. Why do they put conditions on legal immigrants?

If this guy isn't a troll, how on earth will they get approved if he has NO money????

Hello

I would like to ask that, would it be a problem that I didn't file for AOS for the first time that I went to the US by K-1 Visa. We married within 90 days and did apply for Social Security Card number but then we left the US after I stayed there for 3 months to move back to live in Thailand, we called INS before we left there, they said if I would leave USA more than 90 days then no need to file for AOS because it would not give any effect if I would leave the US more than 90 days. But now since my husband is back in the US and will apply IR-1 Visa for me to go back to the US. So I would like to know that would be a problem or not.

Please kindly advise about this.

Regards

That's what my wife and I did. It was not a problem. We applied for and she received a CR-1 visa.

My wife will be coming here from Russia at the beginning of December on her CR-1 visa. Her passport with the visa in it was going to expire in December, so she got a new passport.

Will she have any problems coming here with her two passports, the current one and the "expired one with her visa in it? Or do we need to ask the embassy to put her visa in her current passport?

Thanks,

Bob

Someone asked this question before....maybe you. To be on the safe side, I would have the Embassy re-issue the visa in the current passport. Call or better yet, email the NVC and ask them the same question.

That way if the customs and immigration officials at Port of Entry don't let your wife in, your wife can show the NVC said it was ok to come to the US with a current passport and no visa in it (with old passport and US visa)

See my post directly above yours.

I have heard from the U.S. Consulate in Moscow concerning our situation. They said that my wife can enter the U.S. using both passports: her old passport containing the CR-1 visa, and her new passport.

Get the visa stamped in the new passport and avoid potential problems.- there could be some and then it would be too late and complex.

Good luck, L.

I am waiting for the embassy in Moscow to reply to my question on this situation. Hopefully if she needs the visa in the new passport, she can send the two passports to them. She is a 4 hour plane ride from Moscow.

My wife will be coming here from Russia at the beginning of December on her CR-1 visa. Her passport with the visa in it was going to expire in December, so she got a new passport.

Will she have any problems coming here with her two passports, the current one and the "expired one with her visa in it? Or do we need to ask the embassy to put her visa in her current passport?

Thanks,

Bob

She has the visa to travel now and if I were you I would have her travel on her VALID PASSPORT with VISA now. All you are doing by delaying travel is creating one more problem by showing up at customs with a valid visa in an expired passport and a valid passport with no visa. Your just asking for hassles from customs and immigrations officers at the airport.

If you want to wait, just ask the US Embassy to place the visa in the new passport.

Her passport was going to expire in December, so she got a new one. The visa is in the passport that was going to expire in December. When she comes here, her old passport will not have reached it's expriation date, but it is superceded by the new passport.

Yes, it is true. We had to pay nothing when my wife had her interview.

Bob

My wife will be coming here from Russia at the beginning of December on her CR-1 visa. Her passport with the visa in it was going to expire in December, so she got a new passport.

Will she have any problems coming here with her two passports, the current one and the "expired one with her visa in it? Or do we need to ask the embassy to put her visa in her current passport?

Thanks,

Bob

I received a letter today from NVC stating that they have completed processing our case and forwarded our file to the US embassy in Moscow. They state "Note that certain visa categtories will not be scheduled for an interview until the case's priority date is eligble." The priority date given is March 16, 2006. My wife will get a CR1 visa.

Can somebody explain how this priority date works? I did a search of the postings and nothing came up.

Thanks,

Bob

For 2005 I filed single status because my wife was not here to sign the W-7, and I didn't have much time to file. Later I submitted the W-7 with an amended return (she is still not here, she is waiting for her visa). She got the ITN and the IRS is processing my amended return as I write this.

Bob

Actually, I contacted the offices of my Congressman and both Senators. One Senator replied that he was retiring and leaving office in January, so he couldn't help me. Both the Congressman's office and the other Senator's office contacted DHS, but the Senator's office came through first.

So if I were you, I would contact all three (two Senators and the Congressman). Call first, they will email a privacy form to fill out. Ask for the person who handles immigration matters. Then email/fax them the details/documents to support your case.

Bob

Im so happy that things worked out for you!!!! Please send that god luck mojo my way! Im contacting my representatative this week....Im a little sonfused as to whom I have to contact my senator or congressman?

Back in December, I posted here that my K-3 petion for my wife was denied because DHS said that I did not respond to their RFE in 89 days. The letter said that there was no appeal to this decision. I never received the RFE. Our status shown in my account on their website has not changed since they received my paperwork back in June 2006.

I contacted my Senator's staff in December, not hoping for much help from them. Yesterday a woman on the Senator's staff telephoned me and said that the case is being reopened. She faxed me the RFE, I completed it, and she faxed it to DHS. There is justice!!

Concerning our IR1/CR1 paperwork, I was waiting for the IV Bill. There was nothing about its status in my account on the DHS website. Last week I called the NVC, and the woman said that the IV Bill was mailed out to me, and it was returned as undeliverable. She read the address that it was sent to, and it was my correct address. She told me that they would send it to me again. Unbelievable!

Bob

Mine hasn't been updated in six months.

Bob

As I wrote here about 3 weeks ago, I received a letter stating that my K-3 petition was denied because I didn't answer a RFE (which I never received) in 89 days.

However, on my account on the BCIS website, it gives the same status as it did in June when my paperwork was received by them.

So I would not give much hope to what you are reading about your case on their website.

Bob

Contact your congressman and senators. That's what I did for my similar situation. They both said that they are going to talk to their contacts in the Service Center.

Bob