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Sara & Mark

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Posts posted by Sara & Mark

  1. Hello all, I hope I have provided enough information in my recap below for any and all that are willing to assess my situation and provide some answers and guidance.

    My wife received her CR-1 Permanent Residency Card shortly after entry into the USA in mid December 2013.

    The time is quickly approaching to file the I-751 form to remove the conditions and receive a new Permanent Residency Card.

    Our concerns are as follows......

    Although my wife has made several trips to the USA since receiving her CR-1 she has yet to move here from Sweden.

    We have strong proof of our love, our relationship, and the strength of our marriage through her several trips to the USA, the daily phone calls and emails between us, and available notarized letters from family and friends as proof of our relationship and marriage.

    We are concerned that they will not approve her I-751 due to her not yet living in the USA.

    Thank you in advance for your thoughts, advice, and guidance, they are greatly appreciated.

  2. She might be able to attempt entry on the VWP program, but shouldn't need to. Upon endorsement by CBP at PoE, her endorsed immigrant visa itself acts as temporary proof of a green card for a period of usually one year. She could enter the US, activate her LPR status, then turn around and leave the same day if she wished to tie up loose ends in Sweden. After her LPR status is activated, she should be fine to return to the US provide she stays outside for less than six months, and possibly up to a year.

    I have come to find out that there are no provisions in the VWP that allow someone with a CR-1 visa to enter the USA with the intent of not immigrating.

    We have already made plans to spend Christmas together in the USA, flights and hotels purchased months ago prior to receiving notification that her immigrant visa interview is now scheduled prior to her departure to the USA. :(

    If she were to travel to the USA on her CR-1 visa, with the intent of returning to Sweden two weeks later, it is my understanding that the Swedish government would consider her ineligible for any of her social benefits (medical, dental, etc) because she is no longer considered a citizen.

    If we want to spend Christmas together, it looks like we have no other option but to request a rescheduling of her interview date. Unless anyone knows of a loophole in the system that is.

  3. Yes

    Here's the but.........

    When she enters the US, the CR-1 will be activated; however, a standard entry stamp will be placed on the passport page next to the visa. This is the "endorsement" that allows the visa itself to act as a temporary green card until the actual card arrives in the mail (after the production fee is paid). The temporary green is valid for 1 year from date of endorsement; however, your wife should probably return before 6 months go by to avoid any problems.

    Thank you for your reply.

    It would appear that upon entry into the USA on her CR-1 visa, she is considered an immigrant, in turn the Swedish government would recognize this as leaving Sweden, and when she returns to Sweden two weeks later she would not be entitled to any of her social benefits.

  4. Ive just finished filing everything with the NVC, I'm going to the US for 9 weeks on Friday, from receiving AOS bill to filing the DS-26and receipt of my civil documents has been really quick (9 days!), I'm guessing if i get my case complete in a couple of weeks, then my interview date, its gonna be around mid to the end of December. Is there anyone i can call/write to to request that my interview date be after the 9th Jan when i return ? or should i just wait for it to e scheduled and then re schedule it ?

    I am in a similar situation, my wife has received an "Immigrant Visa Interview" date, but due to unforeseen circumstances she is unable to make the appointment. My wife wrote to the US Embassy requesting the interview be rescheduled for January 2014, this was their reply...........

    We will not be able to tell the available appointment slots for January before the middle of December. Since all our appointments are scheduled via the National Visa Center (NVC), we cannot guarantee that there will be an appointment available and will therefore strongly encourage that you keep the appointment on November 18, 2013. If not, please resubmit your inquiry in December.

    So, we are unsure if she should not attend her interview in November, and then wait to request a new interview date when December rolls around.

    I'm calling the NVC to see if they can provide any guidance.

  5. I too went back to Sweden to sell our apartment quit my job etc after "activiating" my CR-1. I came back to the U.S. just shy of six months later. I was asked by the CBP agent why I had been gone so long, but he was satisfied with my answer that I had been tying up loose ends and selling our condo. I had no problems what so ever. Before leaving the U.S. the first time I had managed to get my SSN and get a valid driver's license. That made it easier to start the job hunt while I was still in Sweden.

    Thank you for the information, very helpful coming from someone from the same country as my wife.

    So let me ask you this........

    After activating your CR-1 visa you are considered as immigrating from Sweden to the USA, upon your return to Sweden were you still entitled to your social benefits (medical, dental, etc) as if you had never left or did you lose them?

  6. My wife is a Swedish citizen currently residing in Sweden.

    I am an American citizen currently residing in the USA.

    My wife’s CR-1 visa interview is scheduled for November 18th, 2013 at the US Embassy in Stockholm, Sweden.

    Without providing too many more details to possibly complicate answers, my question for all you unbelievably knowledgeable and helpful members out there in VJ land is this……..

    If she is granted her CR-1 visa, can she travel to the USA with the intent of NOT immigrating, but rather return to Sweden and immigrating at a later date prior to the expiration of the CR-1 visa?

    Thank you in advance for your time, expertise, and any answers or guidance you can provide.

  7. Congratulations, I'm happy for the both of you, enjoy your lives together.

    My wife and I were neck and neck with you as far as our timelines go, but we fell behind due to USCIS's inability to return to us many "Original Documents" submitted during the I-130 process, documents that are also required at the NVC stage.

    We had to request new original copies from various countries and have the certified translation redone sad.png

  8. You don't need to send originals of anything to USCIS. A photocopy of the birth certificate along with a certified translation is fine.

    Thank you for the input.

    This is also a required "Civil Document' needed when the DS-230 "Visa Application" is submitted to NVC, do you know if this documents will be forwarded to NVC when the petition is approved?

    Or will I need to obtain another copy for the NVC?

  9. Question...........



    My wife resides in Sweden, she is a Swedish citizen but born in Iran and also an Iranian citizen.



    USCIS is requesting her Birth Certificate which is in Farsi.



    I was informed that USCIS will accept a photocopy of this document sealed together with certified translation of it rather than the original document sealed together with a certified translation of it.



    Anybody out there in VJ land had experience with this



    Thank you to all of you in advance for your time and attention to this inquiry.


  10. Question...........

    My wife resides in Sweden, she is a Swedish citizen but born in Iran and also an Iranian citizen.

    Her visa application (DS-230) is at the NVC, one of the required "Civil Documents" is a Birth Certificate which is in Farsi.

    Her interview will be at the American Embassy in Stockholm, therefore her Birth Certificate is not in the language spoken at that Embassy. I was informed that NVC will accept a photocopy of this document sealed together with certified translation of it rather than the original document sealed together with a certified translation of it.

    Anybody out there in VJ land had experience with this

    Thank you to all of you in advance for yout time and attention to this inquiry.

  11. Hi all,

    Just wanted to share that we got an RFE just now via text (don't know what they want yet though). This is good news cause this means that they are (finally) working on our case.

    Now let's just hope they get what they want real fast so we can get an approval.

    Take care.

    E.T.

    Us to, RFE on 1-11-2013, but like you said, at least someone has laid their hands on the late July 2012 I130 applications.kicking.gif

  12. Let us know what the USCIS Customer Service line tells you. Don't settle for the word of the first person you talk to. Request to be escalated to a tier 2 rep who can see more information about your case.

    I received yet another notification from USCIS the following day, see below, which prompted me to call and discuss the notifications with them, I was forwarded to a tier 2 rep, she told me they were experiencing issues with their notification system and to disregard this notification and the previous one.

    She informed me she was the rep handling my case, no additional information is required, and that everything was on track for completion within the normal six (6) month processing time for an I130 at CSC.

    *** DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number: WAC1290442512

    Application Type: I130 , IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

    Your Case Status: Request for Evidence

    On January 11, 2013, we mailed a notice requesting additional evidence or information in this case I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

    A request for evidence is made when an application/petition is lacking required documentation/evidence (initial evidence) or the officer needs more documentation/evidence (additional evidence) to determine an applicant's eligibility for the benefit sought. We may send you a request for evidence at any stage of our review. The request will indicate what evidence or information is needed for us to fully evaluate your application or petition. The notice will explain where to send the evidence and will give the deadline for your response. Your application or petition will be held in suspense during that time. If you receive a request for evidence and have questions about what you need to submit, you may call our National Customer Service Center at 1-800-375-5283.

    If you have questions or concerns about your application or the case status results

    listed above, or if you have not received a decision from USCIS within the current

    processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at www.uscis.gov under Check Processing Times.

    *** Please do not respond to this e-mail message.

    Sincerely,

    The U.S. Citizenship and Immigration Services (USCIS)

  13. Get married, make sure she leaves before her i94 expires so she doesn't overstay which means troubles in the future. Start the process asap after you get married taking advantage you are together and make sure she's home to get her medical exam and blood test and interview scheduled, etc...

    Good luck on your journey! and congrats!!! :D :D

    You sure can, we did the same thing.

    Like the others said, start the I130 paperwork as soon as you can.

    Let them know she will be returning home for the interview in her homeland.

    Don't overstay the tourist visa.

    You'll be fine. :thumbs:

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