RobLynC

Hello, can someone clarify if the followings are correct:

Accompanying family member of principal applicant: family member on the same visa petition with the principal applicant and they come to US together.

Following-to-join family member of principal applicant: family member on the same visa petition with the principal applicant but comes to US within the six months after principal applicant arrives US.

If a family member filed separate I-130, he CANNOT be either an accompanying family member or following-to-join family member. He himself is the principal applicant in his own case and needs to file a separate visa petition.

Thanks a lot.

Yes, each one is their own principal applicant. As far as I know with the I-130 (CR1/IR1) route there is no such thing as an accompanying or following to join family member. Other visas may have accompanying children that derive status, but not the immediate relative visa.

Lyn

Hi I have been in the states on a visa waiver and it runs out on the 7th Sept.

I married my husband on the 13th August and filed all documents on 22nd and it was recieved i-131 etc.

I need to go to Britain for an acting job (all confirmed) I need to be there( good money etc) My lawyer is trying to expedite the AP. How possible is this? My job starts 14th October! Only 8 weeks away!

Two other issues.

1 Can i leave on a short trip to Mexico or Canada before my visa waiver runs out or do I have to stay indefinately?

2 Can I apply in person at California Immigration office for a travel document to leave and come back?

Oh and a biggy I'm 6 months pregnant and I need to be back in US for November one month before I am due to give birth.

I hope this is clear and someone can help. My lawyer is difficult to communicate with.

Thank you x

Please speak to your lawyer before crossing any border. If you leave the US while your AOS is pending you may invalidate the application and have to start all over again. You cannot travel without advance parole if you want to continue your application.

Also you may need to check if your chosen airline will allow you to travel so late into your pregnancy. Is a short job really worth the risk of having to stay in the UK until your baby has a passport and you have a visa?

Hope you get the right advice.

Lyn

a) My finace, Danni, and I were planning on me to traveling to NSW, marry, and then begin the process of filing for a CR1/IR1 visa.

B) I have read that marrying while in the USA on a tourist visa is grounds for being barred from ever re-entering the US. This leads me to ask, are there any problems with her visiting again if we follow the above plan and are now married at the time of her entry? This question assumes she uses the visa waiver program again. I'm fairly certain this is OK, but want to be sure.

c) Given the rising costs of air travel however, we have started discussing the possibility of marrying while she is here in January.

From what I have read, this should not be any problem with the CR1/IR1 visa, but just wanted to -make sure-. Again, I assume she comes in on the same visa waiver program. I am more certain I'm correct on this one.

d) I'm leaning toward coughing up the money for my trip down under to get things rolling sooner, but neither of us are wealthy and we do have to watch expenses....

Thank you,

Jon

Hi Jon

a) If you get married in Oz you will still have to file your CR1 (I-130) in the States and it seems to be taking anywhere from 6 months to over a year to complete this process. You would certainly need to think of it taking you about a year with quicker than that being a bonus.

B) Marrying on the VWP is not illegal if your then wife leaves before the 90 days are up. It is only illegal if she stays and tries to Adjust Status from the VW. As for her visiting on the VW after you are married it is a total gamble. Some get through the POE with no questions, others get the third degree. Since she is planning to immigrate to the States it might be harder to prove enough ties to her home in Oz.

c) Yes you can get married while she visits in January, but she will then have to go back to Oz before the 90 days are up to wait out the rest of the Visa process.

d) If you're looking for the cheapest route then it will definitely depend on the cost of flights and the importance of your new wife being work authourised immediately. If she needs to be able to work as soon as she arrive then you need to look at the CR1 route. If you don't mind her not being able to work for a few months then depending on flight costs the K1/I-129f might make more sense. On the K1 you will have the AOS to pay for ($1010 + medical costs of approx $400) on top of the K1 costs and just one flight. On the CR1 you will have 2 flights but only the CR1 costs (approx $900 + medical costs which vary depending on country, in the UK it costs £180), but the benefit will be that on the CR1 your wife will be work authourised the day she arrives as a PR.

Either route could potentially take about a year. The K1 can be filed immediately so the clock can start as soon as USCIS receive it. The I-130/CR1 route can only be filed after you get your marriage cert back so you can't start the count down until after the wedding.

We used the CR1 route. I will admit that it hasn't been easy to spend the first year of marriage apart, but we get nearly 2 years off before having to deal with any more immigration forms (removing conditions will be next for us) and no more money to fork out.

No matter what advise the rest of us give, only the two of you can decide what route will be best for you. Whatever way you go will involve several months of waiting.

All the best

Lyn

Well, i think i'm dreaming. Just spoke to someone at NVC they told me it will take to 2 -3 months for processing at the NVC.

Hi Roca

Don't know why they told you that, other than that's there official processing guestimate.

We spent 5 weeks and 5 days between USCIS approval and NVC case complete, so it shouldn't take 2-3 months if they now have everything. We sent our info 20th June and it showed on the system 24th June then our case was completed 1st July (so about a week from showing on automated system as received and case completed. I then had my interview a month later on 1st August.

From our experience I'd say you might just possibly get it through on time, which would definintely be good as it'll save you from having to AOS once you get stateside.

For the benefit of others reading this, if you live in the UK please DON'T use the K3, it won't save you any time and will just give you more headaches and expense once your stateside. We filed K3 too, but we got stuck in the receipting blackhole at the end of last year when they started transferring from filing at service centers to the Chicago Lockbox. Because we had to wait nearly 3 months after filing the I-130 before we could file the I-129f our I-130 was approved before the I-129f so we didn't have to worry about which one got to NVC/Consulate first. Honestly the days of the K3 getting you to your loved one quicker are over for now.

Hope you get the CR1/IV1 to the consulate in time.

Lyn

I have just read all the way through this thread. I am about to become an immigrant in just a few weeks. My husband lives in South Florida and is surrounded every day by people he knows are illegal immigrants. I also have a friend, from here in the UK (and very much white) who is an illegal of sorts as she fraudulently entered on a VW after getting married to a USC.

As someone who has been made to live apart from her husband for the first year of marriage in order to be legal it is difficult to be sympathetic to those who try to short-circuit the immigration process, or ignore it altogether. Illegal immigration is not a race issue, nor is it a matter of bigotry. It is an issue of law. Breaking the law, even frustrating immigration law, shows that the person is not suitable to be admitted to the new country. If you want to move to a new country then you should be made to respect the laws of that country, ALL the laws of that country.

If you don't like the way illegal immigrants are treated or spoken about, then don't become an illegal immigrant, and don't encourage others to become so either.

Personally, if you choose to break the law then you deserve any and all mistreatment you incur. Follow the legal routes like the rest of us or stop complaining.

On the issue of citizenship by birth. I belong to one of those countries where you no longer receive citizenship just because you are born here. I personally think it is a wise policy. No country has an unlimited amount of resources to support those who won't support themselves. Having a baby within a countries borders should not be the only qualifier for citizenship, otherwise people will (and do) travel just before a baby is born just so they can short-circuit the immigration system. With the modern ease of travel between countries it is time to legislate for the world we actually live in.

Lyn

I paid for the IV bill on line.Can i use it's barcode to send the AOS.As it does not specify IV or AOS on the barcode?

Yes, if both are showing paid then you can just print out two copies of the barcode sheet, one for each form. That's what we did and we got case completed within a week of sending both forms in. Even though we only paid the IV online (my hubby didn't read the instructions I gave him!) they still accepted the online barcode for both as they both showed as payment complete. In total we took less than 6 weeks to get through the NVC and on to the Consulate.

Hope this helps

Lyn

Hi

I did mine at home. I had the picture taken with a normal digital camera and then printed them out on photo paper. Just cut them to size. I sent two in with the DS-230 to the the NVC and got one of them back at the interview.

No need for expensive processing. As long as the picture is clear enough for them to digitally print it onto your visa it will be fine.

Lyn

I think he wants more $$ for the K3 the Adjustment.

Very good point. Lawyers LOVE K-3, they can charge more for filling out more paperwork.

Since the lawyer directly stated there would be no additional fee to file, I'd trust him on that. AOS paperwork is the same either way.

The one advantage of going ahead with getting married is NO AOS. You start over with the I-130. I wouldn't bother with the K3 if you're in the UK. We filed for both, but I have my CR1 visa and the K3 is still pending (probably admin cancelled). With the I-130/CR1 you won't have anything more to do until removing conditions. However it did take 9 months to process everything, and we are considered pretty quick. Even though you get married here unless your Fiancee has been resident here on the appropriate residency visa (leave to remain) for longer than 6 months she can't file directly through the consulate. She will have to file the I-130 with USCIS in either California or Vermont, which is where most of the waiting will be. You can file as soon as you have your marriage certificate though, which we got the same day we filed it (ie the day after the wedding).

Your decision really depends on what is more important. Being together fastest no matter the cost, or minimal amount of hassle. Also if you get married here in the UK your Fiancee will need to apply for a marriage visitor visa (should only take about a week if she's not planning to stay longer than 6 months, or about a month otherwise). The K1 may save you a couple of months over the I-130/CR1, but you will still have a lot of money to pay and restrictions on what you can do until your AOS is processed. Also the time until you can start counting for citizenship is delayed until you have residency, so that's about an extra year or so with AOS, but starts the day you arrive if on CR1.

Either way only the two of you can decide what way to go.

Good luck

Lyn

I'm in Ayrshire, Scotland where it rains all the time, but the scenery is stunning. My beloved lives in Martin County, Florida, where I plan to join him at the beginning of September, as we're at the point of waiting for an interview date. Can't believe it'll have taken us a year to finally get to live as husband and wife.

Lyn

definitely get the new one. I got mine in less than 5 working days. It's valid for 12 months and the old Subject Access Form is not longer valid for using with visa applications. They stopped using them mid-April 2008

Hope that helps

Lyn

Great guide, looks like you spent a lot of time on it. I've added a few comments and additions in green for you to have a look at.

Great job

Guide_for_IR1_or_CR1_Visa.doc

Hello all. I am a member of DTTUSA and I am writing here to request help. I have my congressman willing to assist me in addressing the out of order processing that is happening at USCIS. They say that they process cases of similar type in the order in which received, but that is simply not the case.

If you have filed an I-130 petition that was processed at VSC and was NORMAL by all accounts...no expediting, etc...no errors..etc...and have ALREADY received your NOA2, would you be willing to email me your EAC# and timeline so I can share it with my congressman? I promise you 100% confidentiality.

my email is US_Carolena@hotmail.com

Carolena

Hi Carolena

My husband filed our I-130 5th Nov 2007 (received 9th Nov 2007) and we were approved 19th May 2008. We are currently still at NVC, our DS230 and I864 both should be received at the NVC today. While I understand your concern, and admire your stand in trying to get the unjust situation resolved I would rather not give my case number out to a complete stranger.

Our case is a first marriage for both of us, with nothing in either of our backgrounds to hold us up. In fact my husband works on defense contracts and has already had security clearance through his job for over 20 years.

Please feel free to use our timeline as an example, but we would rather keep our case number to ourselves, especially when we still have a ways to go yet.

Lyn

Got one other quick question for those of you who have interviews in the UK. Do we need 2 police certificates? One to send to the NVC for processing and the other to take to the interview?

Any help is appreciated.

Cheers

Dave

Hi Dave

Personally I would get yourself a second copy, as it's only another £5. NVC do say on their web instructions that they recommend this as you need to send them the originals (or certified copies) and they can't guarantee that these will make it to London with your file, in which case you have to provide originals (or certified copies) at the interview. If you only get one copy and it gets lost it's another £35 to reapply. With this whole immigration process it's definitely better to be safe than sorry. I also got second copies of my birth and marriage certificates from the Registrars office to send with the DS230. They cost me £13.50 each and it only took 10 minutes, as both were registered at the same office where I live.

Hope this helps

Lyn