garebear397

Hey everyone, just wanted to make a post about our experience since it was a question we had going into my wife's IR1 visa interview, and there weren't a ton of previous posts about it -- so just sharing if helpful to someone else. So one of the requirements to bring to the CR1/IR1 interview is a police certificate, specifically: "The original police certificate from your country of current residence and countries of previous residence." My wife had previously lived in the US (with her green card) for 2 years, so we didn't know if she needed to bring in a police certificate from the US since it was a previous country of residence. From what we could find it seemed like the answer was NO, and even some other counties embassy instructions specifically state that background checks from the US aren't necessary (presumably because they already do a background check during the USCIS stage) -- those reasons plus by the time we even considered it we didn't have time to get a FBI background check (mailing fingerprints and all), my wife only went with her local Chilean police certificate. And just wanted to report that they did not need the US one, and it was zero issue.

In my embassy's visa interview checklist they say original documents for: applicant birth certificate, any children birth certificate, marriage certificate, police reports, divorce certificates. Nothing about original certificates for petitioner, even explicitly says copies of passport or citizenship documents. I glanced quickly at the Albanian Embassy checklist and it seems to be the same.

Already plenty of information has been shared for you to consider, and I think most experienced members (including myself) would say that I-130 is better overall (cheaper, no "limbo" type situation once fiancé is in the US, easier to plan a wedding etc.), BUT I will say that K-1 has returned to become significantly quicker for the couple to be living together vs IR1/CR1 (not necessarily faster to green card, but faster to being able to live in the US). During pandemic times and until recently both the K-1 and IR1/CR1 were taking a year + to process at USCIS, maybe with the K-1 a couple months quicker, so it was even more obvious that the IR1/CR1 was better. But now K-1 visas seem to be taking only around 6 months at USICS, and IR1/CR1's taking 12-15 months. And, depending on the country, the embassy processing time can also be faster for the K-1. Just for example, my wife just completed her IR1 interview after we initially applied for her I-130 in June of 2023, and she met someone that same day that was doing their K-1 interview after they initially applied for their I-129f in March of 2024 (10 months quicker). Still plenty of pros and cons for both, but for you to consider.

Hey everyone -- just sharing that my wife had her interview today and was approved! Overall it took 2 hours from her entering the building until leaving. They mostly asked about my (the US citizen) work situation and domicile requirements. We expected that, since I have been living in Chile for the past 5 years, but I started a new job in the US back in August and have been going back and forth since then, so between my new salary and having a contract in hand for buying a house, they were good with my I-864 (though we did have my father's joint sponsor I864 ready to go if needed). They didn't ask much about our relationship, I imagine because we have been married 7 years and have two kids, so idk what else could be more proof of legitimacy than that. They said it could take 4 weeks to get the passport back. But we are very glad to be done with this step!

Admitting to it once, even if granted a green card or extension or whatever afterwards, doesn't some how make it not relevant or mean that you can omit it in the future. My wife overstated a tourist visa by two weeks when she was a teen, she has admitted it about a half dozen times now in different interviews and border crossing and it has never been much of an issue -- but that doesn't mean she can now omit it in future green card renewals or citizenship.

Could you send in a I-407 now? And mark that you no longer have the physical green card. I know in theory it has already been submitted, but maybe doing it again will get you a confirmation. I am not sure if you will get a response in time for your trip or not, but when we sent in my wife's they received the form on the 11th and we got an email on the 14th that it was received and confirmed abandoned...so it only took a couple days. She has used that email a couple times since for B-2 visas or when entering the US.

We were notified today by NVC that our interview is scheduled -- for February 5th!

Great news! We had just emailed our representative that was able to contact the NVC and said they were assigning interviews with people DQ in August (we were DQ August 30th) so hopefully we get an interview date soon.

Ahh ok, good to know. Only have seen some second-hand experiences, didn't know it was so risky.

Did they overstay? Or did they get an extension? Those are two very different things. If they received an extension, and were always in status while in the US it shouldn't have much impact on future visa applications. Maybe could impact future tourist visa applications or US entries if it looks like they are trying to abuse their tourist visa (spend too much time in the US). Now if they overstayed (past their i-94 date without an extension), yes that could impact future visa applications for them and their family. But each case is unique. My wife overstayed on accident by a couple weeks when she was a teenager, and then she received several tourist visas afterwards, and a green card later on. They would always ask about it, but after her explanation there wasn't an issue. But like I said each case is unique and will depend on many different variables.

Strongly seconded on all points. I would add if you do continue to pursue I would not add sending her money as part of your "evidence" of a relationship. It actually works to opposite effect as it appears that the marriage could be more of a financial transaction rather than a genuine "love" marriage.

Agreed. That there shouldn't really be much of an issue, they admitted him every time with the ESTA and there is no reason to question his intent now, since he clearly has immigrant intent with the correct visa. The one question that could be an issue, that others mentioned, is if they question how he could stay for so long previously with the ESTA -- how could he afford or take so much time off work. If he worked while in the US on ESTA (even remotely for a non-US company) that is not permitted and could still be an issue now and potentially an issue for his AOS interview as well. Again....I think its very unlikely that this will come up when entering the country right now. But he should be prepared for whatever.

Anyone who has completed the NVC DQ step? How long is it taking for the embassy to contact you after?

This seems like a good question for OP....because it sounds like they are staying in the UK and mentioned growing their career there. If that is the case, @msrodan you don't need any sort of visa. K1 is only for immigration intent of your fiance....they are perfectly fine to go a visit the US, get married there, and return back to the UK.

This thread is only for spousal visas, so probably no one will reply for other family based. There is a different page/forum for other family based I130 visas, so I would check/post there.

Ah ok ok. Thanks for the info! Yeah I think keeping it simpler here is the way to go.

Yeah, fair enough "joint-sponsor" I should have said. Yeah I was only thinking of the I-864a since technically I live in the same physical house as my parents right now, until finding a new house. But I think I will go with just myself as the only sponsor. I do have a signed offer letter, with a start date already in the past. And can always provide more pay stubs when they come in for the interview. Thanks!

Wanted to get advice. We just made it past the USCIS stage of our spousal visa process, and now filling out the I-864. I (the petitioner) just started my new job in the US (living overseas with family the past 5 years) that is salaried and over the minimum income, but have yet to receive my first paycheck. Questions: - Should I only use myself as the sponsor (no co-sponsor)? Because technically I do make enough to cover the requirement, though I would only at this time have a signed offer letter that states my yearly salary. Though at the interview I would have a few more paychecks that my wife could show. - Or should I use a co-sponsor? I had previously asked my father to co-sponsor before I knew I would be moved up before my wife, so no problem there. And I was initially thinking to always include him even when I started my new job (basically just in case), but after reading the instructions better for the I864 I see it says "Form I-864A may only be used when a sponsor’s income and assets do not meet the income requirements of Form I-864." So that made me doubt my plan to include him regardless, since I do now technically earn enough. - If I do include my father as a co-sponsor, should I use the I-864A since currently I am living with him and my mom, until my wife moves up? Thanks for any help!

Ahh ok, thanks for letting me know. I was checking every day because I figured it would be a quick turnaround. And yeah, I mean the money is already gone from my account so I assumed it would have been processed quickly. Another little wait then...

Anyone else who is in the NVC stage, who can comment about how long it is taking to process the fee? I submitted both fees (AOS, and IV) on the 13th, and they still show just "In Process". It says it can take 2-3 business days, but just wondering if someone has already passed that step. Since you can't start doing the applications until the fees are processed.

We got approved! PD of June 4th -- there is still hope for those who have earlier PD dates! We did write to our congressman on July 29th, their office contacted USCIS on July 30th, they got a response from USCIS on July 31st (see message below), and we were approved today on August 1st. So our process of contacting our congressman was very easy and quick, and who knows for sure but it might have helped spur the approval! Worth it for others still waiting to consider. USCIS response on July 31st: "USCIS records indicate that the case is located at the California Service Center and is currently pending background checks. We understand that your constituent may be frustrated by the progress of their case. Please know, USCIS is committed to adjudicating immigration benefits in a timely and efficient manner while also ensuring public safety, national security and compliance with all relevant directives. At this time, we are unable to provide you with a processing time."

Did he submit something else to show his citizenship? Like a passport? I would submit his passport for sure, and maybe submit his birth certificate again with some letter highlighting the "county", and also state. What type of evidence did you submit for seeing each other? Good to include passport stamps, ticket vouchers, etc. Also is there something that might be causing them to question the relationship? Age gap? Religion difference? What country are you coming from?

Honestly I don't think that would be the issue. At the USCIS stage they aren't doing a full blown analysis of the case, more just checking that you have all the min requirements to advance -- both that you submitted all the necessary documents, and also things like you have been together in person, have some baseline evidence you are married, etc. And then at the consular stage they do a more detailed evaluation. Most of the time RFEs are because you missed something on the document side (didn't send in every form, missed a signature, filled in a box wrong, etc.). You will find out soon enough and often if you can get back the necessary document quickly they can actually approve your case pretty quickly as well (I think someone in this thread got back their approval pretty soon afterwards).

No I don't think so, plus we have been married 6 years and still are waiting.

same here! If it makes you feel any better we have PD of June 4th. So, you are not alone!