Fereshteh

3 minutes ago, Roel said:

What do you mean? They dont care because your USC spouse can leave to work in the US and it has 0 impact on your viss. Even if you would supposedly need to do something in the US also, they wouldn't care because you should not be making any solid plans without Visa in hand. 

Sorry, let me clarify:

How do you know they do not take your obligations into account? What is your basis for that judgement.

Obviously I am not talking about travel plans, plane tickets, etc.

15 minutes ago, geowrian said:

Nope, your schedule has no impact to them. They will work at their pace and nobody else's.

Thank you so much for responding. Have you seen cases with "deadlines" that have been ignored? Just curious as you seem very experienced and certain about the process.

15 minutes ago, aaron2020 said:

 

Thanks for your response. How do you know?

Like what are your reasons for believing that?

4 minutes ago, Roel said:

They absolutely dont care. Why should they? 

 

You - together- dont need to go back to the US. Your husband  needs to go and he can travel there any time. You dont need to enter US together. No idea where you got that idea from. 

An attorney that has had many clients from middle east/north africa mentioned that sometimes they do that, specially to Iranians. It was also consistent with my previous visas: they always stretched AP to the last minute. But the difference is: as you said, the deadline was always my own.

The thing is once he leaves I cannot legally stay in the country where we live... I was hoping considering the ban not applying to me, the fact that I lived in the US for 6 years, and that by our deadline I will have been in AP for 9.5 month could mean something good will happen soon 😞 Guess not...

Hello,

So I wonder when it comes to visa issuance do they take your schedule into account?

My husband (petitioner) and I both live abroad temporarily. Since the day we filed our papers we have indicated that we are abroad for his profession, and that we must return to the US in May 2019 in order for him to fulfill his professional obligations. His timeline has zero flexibility.

Now, I have been in admin processing for almost 8 months. Even though I'm Iranian pp9645 doesn't apply to me because of recent travel to the US on tourist visa. Do you guys think they care about our timeline?

Since we have to enter the US together, do you think they might be holding up the visa until closer to our return date which they are aware of?

On 11/13/2018 at 10:05 AM, zainrafique said:

my case is under administrative processing since Jan 2016. my wife finally hired a lawyer and filled a writ of mandamus. i need to know will this writ be helpful? embassy has my passport and i have never got any slip (white / blue) from embassy.  has anyone experienced the consequences of the writ of mandamus>? 

Hey there. How did it go? Did you get your visa?

I was interviewed in August 2018. I'm also an exception from the ban because I was present in the US after the effective date of the ban for about one month. 5 months of administrative processing and counting...

On 7/2/2018 at 4:31 AM, BenSF said:

I am seeking the fastest and most reliable way for a US visa for my Iranian soon-to-be-spouse, so we can be together. As we would be starting the visa application process only now, I am concerned that the visa ban is a big problem.

 

Would love to hear feedback on two avenues I'm considering.

 

First more details for context:

-I'm a dual US-Philippines citizen living in California

-We met in 2015 in the Philippines

-My girlfriend is an Iranian passport holder

-She has no existing ties to the US besides me

-We plan to marry this coming August 2018

 

Ideas:

#1 Pursue a waiver and go through K-1 or CR-1. According to the US  "From December 8, 2017 through June 15, 2018, at least 809 applicants were cleared for waivers." (https://travel.state.gov/content/travel/en/News/visas-news/revisions-to-presidential-proclamation-9645.html)

 

#2 Obtain a 3rd country passport. The visa ban doesn't apply to "Any dual national of a country designated under the Proclamation when traveling on a passport issued by a non-designated country" (same link as above)

 

It sounds like #1 has been pursued fruitlessly for most.  Has anyone heard of individuals pursuing a US visa by first obtaining a 3rd country passport? 

 

 

Hey there, just wondering what did you guys end up doing? I am also Iranian waiting for my CR-1 visa.

Hey there, please keep us posted on how it goes. I'm also Iranian (unfortunately no Norwegian citizenship lol) and considering all that's going on would love to know how other Iranian cases go.

2 hours ago, WandY said:

Nobody here knows if (or when) you will be approved. Like everyone else, you'll have to wait.

Thanks. I'm afraid you misunderstood my question, but I got other responses 🙂

3 hours ago, Lil bear said:

If approved , the visa will be issued based on the acceptance of his intent to restablish US domicile. He must enter before OR with you.. so he can stay with you and you can travel together if that works. Or he can go ahead if that is needed for his school commitments.. it isn’t needed for your visa. 

Thanks for your response Lil bear. Good to know it is not needed for the issuance of the visa since we plan to enter together.

2 hours ago, pushbrk said:

That is the correct answer to the question you actually asked.  Hopefully, you'll have your visa before he returns to the US.

Thanks pushbrk... I really hope so too...

Hey all,

I had my CR-1 interview in August and I was put in administrative processing which still continues (not unexpected, I'm Iranian).

Currently my American husband and I both live abroad because he is studying.  His study abroad ends May 2019 and then we have to move to the US  for him to finish the degree in the US.

We have provided proof of his continued domicile in the US, as well as all sorts of letter from school mentioning the exact period he needs to be abroad and when he needs to return to the US. The officer seemed convinced with all that.

My question is: Are they gonna issue my visa once it is ready, or are they gonna wait for my husband to actually return to the US to issue my visa? Or maybe they are gonna wait until closer to his return?

Thanks.

PS. As you know citizens of Iran are subject to an ongoing travel ban. However, due to my unique circumstances and according to the text of the ban I'm an exception. So please kindly try to answer my question focused on the domicile part. Much thanks.

Interesting. So their process is different in different places.

On 8/25/2018 at 7:16 PM, lorene21 said:

Unfortunately not all cases. A friend of a friend, got rejected. Not AP at all. Just rejection

Hopefully you get your visa soon. I wish you all the best!!! and thank you so much for letting us know what happened with your case. It gives us hope!

You are very welcome. Thanks for contributing so much. I guess other people's stories is our only way of figuring out how things are progressing.

7 hours ago, Amr8 said:

Hello everyone, I need help please

when I answered the 10 questions after the interview .. 1 question was to list my family names and date of birth and country of birth and where do they reside

well, I forgot to mention where do they reside and I noticed that today 😕

what do you think I should do ?

leave it and hope it wont be a big deal ?

 

thank you

Are you talking about form 5535? My version didn't even ask for it.

Couple of weeks ago. In the Caribbean which is where I reside for now.

Hey all,

Iranian citizen here. Interviewed for CR-1 recently. I was placed in AP immediately. No refusal. I also had to fill out 5535 and send to embassy later.

I lived in the US for 5.5 years and got married IN THE US. But had to leave for husband's studies. I agree that the ban has been translated to mandatory AP for 100% of the cases.

Hey there, wondering how your process has been going?

I'm in the same situation. Case in NVC.

On 12/17/2017 at 4:12 PM, dsufi said:

I am an Iranian born US citizen. I applied for CR1 visa for my Iranian spouse about a year ago and the case completed NVC processing and was sent to US consulate on Dec 13, 2017. I am reading conflicting articles on Travel Ban 3 impact on immigration visas. Does this ban impact my petition at this stage and if so how exactly?

Hey all,

So my husband is my petitioner. His income is not enough to support me. So we made my mother in law a joint sponsor. She is using my father-in-law's income as well to be my sponsor.

- So my husband filled out I-864 + supporting docs - but he has zero income, so that's it.

- My mother-in-law filled out another I-864, she put in that she is using the income of household member + supporting docs.

- My father-in-law filled out I-864a + supporting docs. Here is important point: My mother in law signed I-864a, part 5, as the sponsor, and my father in law signed part 6 as the household member.

We submitted our docs to NVC.

Now I got a letter from NVC saying that my husband, whose income we are NOT using for sponsorship, should have signed part 5 of I-864a as the sponsor.

My question is: I thought I-864a is a contract between the household member and the de facto sponsor, but from their letter it looks like it is a contract between household member and *petitioner*. What did you guys do? Is it possible NVC has made a mistake? Should I call them and is the person on the phone gonna have access to my forms?

Thanks in advance for your help.

Hey all,

I was trying to pay the fees on NVC webiste. So I selected both AOS and IV fee, but then the site said I cannot pay both at the same time. It said I should pay AOS fee, return to the page and then pay IV fee. I paid AOS successfully, but when I went to the first page to now select and pay IV fee, it doesn't work. Basically I select IV fee, it shows "Total amount: 325$" and once I click "Pay the fee", it sets the total amount to 0 while IV fee is still selected.

Anyone else having the same problem?

@K-1Applicant2017 Hey there, any updates on your case? I'm in the same position. Just got my NVC letter. Trying to see if I should proceed to interview or not. Thanks in advance.

When the assets of the beneficiary are used for affidavit of support, does he or she have to sign the I-864A?

My husband is my sponsor but we will be using my assets for sponsorship. Does it matter that we filed taxes as "married filing separately"?

Hello all,

My husband is a US citizen and my sponsor for immigrating to the US. We both lived and got married in the US, but had to leave the country shortly after our marriage because he got admitted into a school abroad.

Once abroad we filed the i-130 that got approved a few weeks ago and our case is now in NVC.

My question is: can we proceed with the application and get the immigrant visa while he still studies abroad? His will be studying abroad til May and he HAS TO return to the US after that to finish his studies there (the school can issue a letter stating this 0 this is how the program works). All his bank accounts and other financials are in the US. Are those enough to establish his domicile in the US? Can we get the immigrant visa before we permanently return to the US?

Thanks!

On 2/24/2018 at 7:58 PM, ms_bobdog said:

@Fereshteh I will be talking to an accountant some time in the week. If I find out anything else I will let you know. From my understanding, as a nonresident alien married to a USC, you can choose to be treated as a resident alien and taxed on your worldwide income (that comes under married filing jointly and then you can either apply foreign income exclusion or foreign tax credit) but it doesn’t seem like you are interested in that (I am not, at this point). Were you out of the US for the whole of 2017 or partially? 

Yeah please let me know if you learn anything.

I understand the same: that we can file as resident alien if file jointly or if we do "married filing separately" we file as non-resident alien. IRS itself tells people you are entitled to choose whatever way you pay less which in my case would be filing separately since I have foreign income that will not be subject to tax if we file separately. I spent the first 7 days of 2017 in the US on H1-B visa and then later in December 2 weeks on tourist visa.

On 2/21/2018 at 1:09 AM, ms_bobdog said:

I could be wrong, but you shouldn't need to worry about US taxes until you get your CR-1 or IR-1 stamped on your passport. At least I am not worrying about it now even though NOA2 was received because it still doesn't make me a resident alien in any way.

Thanks. That's what I thought too, and it makes sense. I can't even enter the US as of now.