VirginiaYasin

4 hours ago, Mike E said:

Does your county or state have a cooling off period after getting a divorce decree?

not sure what you mean. Divorce happened 2 years ago and i can't imagine it is illegal to remary after 2 years. i hope i didn't misunderstand what you mean by "cooling off period" 

4 hours ago, Mike E said:

This depends on what country issued the divorce decree and what countries the spouses were residing in at the time of the divorce.

divorce is for the US citizen and it happened in the us. I just took official divorce decree from our country clerk but i am not sure if this is enough. do i need it notarized? document i have is only 2 pages.

Just now, Redro said:

Be aware very few K3s are approved… so, you’re looking at either 1.) I130 being approved a month or 2.) after the K3 is filed NOTHING. . . I-130 is approved in the normal processing time. 

yes thanks for heads up, i know not a lot of k3s are approved but i still hear it is worth a shot so why not try. 

if k3 is approved, does that change I130 at all? i mean, spouse can enter the USA with k3 while i130 is pending.. then does she complete the i130 process in the USA?

1 minute ago, Crazy Cat said:

You can't file a joint return until spouse has either a SSN or ITIN.   You can amend from "MFS" to a joint return later.

i see. thanks again. if i file "Married Filing Separately" and he is in her country( no ssn), does that help my taxes at all? do i get a bigger refund BEFORE ammending the taxes?

hi folks, if US citizen is divorced. 

what is the difference between divorce decree and final divorce document.

one of them is 2 pages, other one is 8. 

it was a simplified divorce. 

to avoid RFE, which one should be submitted or is there anything i should be aware of? any other document related to divorce?

10 minutes ago, Crazy Cat said:

 File as "Married Filing Separately" until your spouse has a SSN.  Then amend your taxes after the fact.   You might call it a delayed benefit.

oh i see, thank you. 

so there is no really "big" benefit until spouse has SSN and amend the taxes after she arrives to usa. 

Just now, Mike E said:

Other than K-3 being approved, none.

thank you, if k3 is approved before i130.. spouse has an option to come to usa and finish pending i130 when interview is ready in her HOME COUNTRY, right?

i mean is there any other downside of approved k3? does that approval hurt I130 or change I130 process at all?

2 minutes ago, Crazy Cat said:

The I-129F would be administratively closed.  It is not a harmful denial.  There is no downside in submitting it....unless, imo,  they issue a K-3 visa (very, very unlikely, but possible)

i understand, thanks for explaining. so to be clear, first file i130, get the notice(reciept) then file k3 and hope it is issued faster than i30.

if k3 is issued, spose can visit the usa while i130 is pending and complete the i130 process in her home country when interview is schedule.

if k3 is denied, it is still ok because i130 is approved(most likely, assuming there is nothing wrong with i130)

is this all true? so it makes sense to apply k3

2 hours ago, Redro said:

Is this an existing F1? Or would the person be reapplying for a new F1? And does the person have the intention of actually studying in the US or are they just using the visa to be with the USC while they are waiting out the process? 

yes existing. she used it in the past(visa still valid) now she got accepted by a school but acceptance is only valid for 1 year and i130 may take 2 years. she wants to go to school while i130 is pending(consular process) and i plan to move to her school state. she will 100% be fulltime student (not drop it when entering the us), i am actually moving to her school state so we can be together as well. but we don't want to complicate things. hear many many people visit while i130 is pending, even with tourist visa. but i also don't know the details. is this doable? 

1 hour ago, Mike E said:

Some have claimed it worked for them:

 

Another thread to read is:

 

This thread is interesting because it is clear I-129F caused a doomed I-130 to be denied faster:

 

Personally, if there was a problem with a petition I filed, I would want to know sooner than later. 

IMHO yes. There are 4 outcomes, from most likely to least likely:

 

1. I-130 is not accelerated, and I-129F is denied.

 

2. I-130 is accelerated and I-128F is denied

 

3. I-130 is not accelerated and I-129F is approved

 

4. 3. I-130 is  accelerated and I-129F is approved

 

Outcomes 2 and 3 can lead to a K-3 visa (if I-129F is approved before I-130 and uscis sends I-129F to NVC) and neither an IR-1 nor CR-1 visa. There is a 1 in 10,000 chance of this. You are 4 times more likely to die from choking on food than getting a K-3 visa. https://injuryfacts.nsc.org/all-injuries/preventable-death-overview/odds-of-dying/
 

So what if you get a K-3?

 

* you have to file I-485 to get a green card

 

* it is  2 year multi entry visa

 

* you have a 2 year stay which can be extended if I-485 is filed

 

* the endorsed visa grants you travel authorization until the K-3 visa expires 

 

* you can apply for an EAD without applying for I-485. 
 

* the income requirements are just 100 percent of poverty  limit. This combined with the previous point can be a boon to couples where the petitioner has marginal income. The beneficiary can enter on the K-3, get the EAD, help to double the household income, and produce a compelling I-864.

 

 

 

thank you for detailed response.

20 hours ago, Boiler said:

The last thing most people would want is to actually be issued a K3

 

Does it do anything to speed up your case, not sure, it is free to play.

is there any downside of filing k3 while i130 is pending? i mean, if i130 is approved and k3 is denied, it is not a "bad" denial. so why would someone not give it a shot?

10 hours ago, Paul & Mary said:

Hopefully you get it before filing the I-130 . . . sounds like visa shopping to me.

yes she got it 2 years before filing i130. she is now in her country because her education ended. now she wants to continue to a different school but her acceptance letter is only good for a year and i130 may take 2 years. so she wants to go to school while i130 is pending. but we don't want to complicate things. hear many many people visit while i130 is pending, even with tourist visa. but i also don't know the details.

10 hours ago, Paul & Mary said:

There are no benefits of taxes in filing for a CR-1.  The "advantage" may apply once you are married and you can file jointly.  As previously mentioned the spouse would need a ITIN.

thanks, i was meaning "getting married and filing as married" when i said filing for a cr1(you need to be married to file cr1)

so my wife is abroad and she has no social security number or ITIN. does that mean, i don't really get any benefit?

sorry i'm confused and not familiar with tax area.

my short question is, what do i need to do to get any tax benefit with foreign wife, who lives abroad and has no social security number or ITIN?

Hi folks, has anyone filed K3 with I130? 

Some people say it is useless but according to definition K3 is for bringing foreign spouse to US quicker.

Is it worth a shot?

Hi folks, has anyone filed K3 with I130? 

Some people say it is useless but according to definition K3 is for bringing foreign spouse to US quicker.

Is it worth a shot?

has anyone used F1, STUDENT visa after filing I130? 

hi everyone, we are trying to avoid RFE so if anyone can help, it would be great.

Do we need to submit birth certificate, police report and ID of MY FOREIGN WIFE?

If yes, do they have to be translated by certified person? We have copies of these documents in english, can we just submit them as is or do we need them to get translated officialy?

thank you.

Hello dear community, I'm currently in progress of submitting CR1 application for my wife abroad. I am the US citizen.

• I'm curious if there is any tips/recommendations for getting tax benefits during next 2023 tax session?
• Is it a myth that we can get more return because we will be married?
• My wife is not in the US, can I still change my status to married with IRS? do they need US marriage certificate?
• my wife currently doesn't work and has no income, is this an advantage or disadvantage for my taxes?
• If she works and gets paid, do/how i show her income in my tax returns?

I'm sorry if I asked too many questions but if you can reply, it can be helpful for other people.

If anyone has experience/knowledge and can share, I will appreciate. Thank you

2 hours ago, Redro said:

You won’t be able to know how long the CR1 will take because

1.) You can’t choose your service center 

and 

2.) even if your NOA1 indicates your are at Vermont… you might be transferred to California or Nebraska while you wait… 

The best advice I can give is to plan on 12 months. If the petition is approved before that EXCELLENT. If it isn’t you can hope for a long time waiting so your partner arrives on IR1 as opposed to CR1 and you save a lot of money and heartache as you skip the ROC phase in the US. 

thank you and i understand you completly. you are right.

12 months is actually not bad, but please help me understand: each service center on uscis processing time shows over 15months, so how is it 12 months total?

do you think if i prepare myself for 18 months, it is correct?

16 minutes ago, Mike E said:

K-1 https://www.visajourney.com/timeline/stats.php?history=90

 

CR-1 https://www.visajourney.com/timeline/irstats.php?history=90
 

CR-1 is faster

thank you, 

can you please help me understand what i asked above? do you not believe USCIS takes now 6-12 months to process K1 now? I know it changes for everyone, and it depends but how come some people only took 1 year if california takes 18months only USCIS part? thanks again.

20 minutes ago, Boiler said:

Most K1s go through California

 

Say 18 months as an average but add on a bit for Turkey as it is backlogged 

thank you very much. can you please teach how to estimate this for CR1 as well?

also please answer if you can: do you not believe USCIS takes now 6-12 months to process K1 now? I know it changes for everyone, and it depends but how come some people only took 1 year if california takes 18months only USCIS part? thanks again.

9 minutes ago, Crazy Cat said:

The average K-1 (from NOA1 to Interview) is 625 days according to the VJ analysis tool which is driven by member data.  I strongly concur with your advice concerning a CR-1.  It is much superior, imho.

can you share that tool and how to use it? thanks.

Hi all, i'm confused about estimating how long the process for K1 takes for my foreign fiance?

I know for each application, first step is USCIS, then NVC and consulate. I know things can change however is it possible to AT LEAST guess a number?

Right now, USCIS website says: Nebraska takes 5 months,  California takes 16months, Vermont takes 9months. 

Also some people says USCIS thinks this will reduce to 6 months soon. (They are reducing backlogs)

I hear some people arrive USA after 1 year.

I know nobody can say it for sure but as an estimate, can someone please help me guess how long it takes from day 1 to arriving to USA in general? (if applying today)

Country is Turkey.

Without knowing this, I am having hard time deciding K1 or CR1 thank you again.

7 hours ago, Loren Y said:

When my wife and I got married, we didn't bother with the whole name change thing, it doesn't make you more or less married, and we have had no issue with different last names. If it really is a issue, later after you are all done with the immigration process, a quick visit to a judge and you can change your name.

12 hours ago, M+K IL said:

She doesn't have to change her name,.it is an option. 

 

My wife and I wanted to change our names but decided to wait until naturalization so we don't have to deal with either mismatched names or home country's bureaucracy.

 

in our country, unfortunately it takes more time and application if you choose to use your lastname, otherwise i wouldn't do it etieher but by default, bride takes husband's lastname so it is a must. i hope you understand.

but to clarify, we can still fill and send paperwork with her "new" last name and change everything (passport, id) later before the interview and this will be ok right?

thank you all, i have one another -i hope last- question.

if we get married fast and file cr1, what evidence we submit for our relationship? we don't have(like most people in our situation) much in common like lease, bank accounts, credit cards, health insurance etc.

we never had anything together. our relationship is %100 real but we don't have much other than photos, vacations together, whatsapp chat etc. is this problem or very common?

do i have to at least open a bank account together before submitting the application?

2 hours ago, carmel34 said:

She doesn't need a passport for you to file the I-130 petition after marriage.  She doesn't need an ID.  You will need a marriage certificate.  Find the I-130 and I-130A to become more familiar with the forms and process, and read the guide here on VJ.  She will need a current passport much later in the process, at the NVC stage, which will be 12-18 months after filing the I-130.

thank you, but when i file the forms, i will use her new legal name with my last name right?

1 minute ago, Crazy Cat said:

Yes.  Use her new legal name on all immigration paperwork.  You will have plenty of time to change her passport name. 

okay but you said "use her new legal name". so you mean when we fill the papers, we will use her "new" legal name (including my last name) but change passport and IDs later.

but don't we need copy of her passport and ID in the application? in this case, that copy in the application will have her "old" legal name. 

am i overthinking? but i know these small stupid mistakes can cost a denial so thanks