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Sheep
Jul 24, 2003
I'm through to pretty much the end game on getting my wife permanent residency. We finished the consular interview abroad, got her passport back with the visa/temporary I-551 in it. The only thing that has occurred since then is paying the ELIS immigrant fees, which I did back on June 1st, but the ELIS webpage is showing the case status just sitting at 'accepted' and hasn't moved since I paid the fees. Will it move to optimized and then closed before we fly in or at some point afterwards or what?

Also this is the final thing aside from handing that gigantor manilla folder over the attending official at our port of entry, right?

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Sheep
Jul 24, 2003

RICHUNCLEPENNYBAGS posted:

I have a vague recollection that my wife said the officer who did her biometrics told her she might have some problems down the road, having taken my last name, because her Korean passport obviously has her maiden name. Is this a real problem? What do people usually do? I understand it's not customary for Koreans to change their last names on marriage (plus if it's anything like Japan it's a hassle when you start talking about foreign names) so I don't know if they have a procedure in place over there or what.

If it's anything like Japan, you just go down to city hall and they have a stamp specifically for name changes. My wife's passport is still in her maiden name but page 5 lists an amendment showing her new married surname and where her family registry originally was (for whatever reason). It was free and only took two hours to process.

Sheep
Jul 24, 2003

RICHUNCLEPENNYBAGS posted:

I had the impression that you weren't allowed to have a name that was not written with a combination of the Zyôyô Kanzi and Zinmei Kanzi.
Names using katakana are allowed - notably lots of older women have first names involving katakana + ko, such as my old landlord, Mutsuko. Apparently it was a pretty popular thing a couple of generations ago. Anyways I'm fairly sure exceptions would be allowed for those married to non-citizens even were that not the case - I think the restrictions on having to use jimei kanji and all that was a more pre-WW2 thing, and the whole concept of jinmei kanji just sticks around due to inertia and tradition or whatever.

Edit: you most definitely do not have to use joyo kanji for names, as a fair number of names use archaic kanji that are no longer joyo. For example, 福圓.

Sheep fucked around with this message at 09:10 on Jul 27, 2013

Sheep
Jul 24, 2003

Clochette posted:

The USCIS received my I-130 on September 24, 2013. I'm a citizen of the US and my husband is from the UK. Neither of us were married before, and neither of us have criminal records or anything that would complicate it. I'm hoping it'll take a few more months, but people keep telling me horror stories about how it could take years for him to get a green card. :ohdear:

I was in a similar situation as you; I think all told, including a dumb mistake on my part (photocopy rather than original sponsor signature on a document at the interview at the embassy), it took about eight months from start to finish. "Getting a green card" isn't an issue since immigrant spouse visas automatically confer permanent residency - the visa itself states that it acts as a temporary I-551 ("green card") with a validity of one year - ie until the real card arrives in the mail.

As long as your spouse isn't like Chinese or Indian or one of those other countries USCIS views with more suspicion than others, you should have no problem - and since your spouse is British... should be no problem!

Edit: you haven't gotten a NOA or anything yet? Could be a bit longer, anyways. I can't remember exactly when I sent everything off but it looks like I got important emails from NVC/USCIS/etc on May 23rd 2012 (NOA1?), June 6th 2012 (NOA2?), July 12 2012 (moved to next step: sort your documents and all that, here's your cover sheet, send everything to NVC), March 20 2013 (docs received, wait for interview date), April 2 2013 (interview date set), May 20 2013 (interview), May 30 2013 (immigrant visa issued).

Note that between July and probably January - a six month period - I just sat on my documents since the medical exam can't occur more than like six months before you enter the country, and we weren't quite ready to leave soon. So all told in my case it took just a tiny bit over a year from receiving the documents to issuing the visa, even with me wasting six months in the middle of it all.

Sheep fucked around with this message at 23:36 on Feb 2, 2014

Sheep
Jul 24, 2003

flavor posted:

The only way to get permanent residency immediately is direct consular filing
That is not the case; I did it without DCF. My wife's visa looks exactly like the one below except instead of IR-1 it was CR-1.

quote:

Do you have any source for this?



The visa itself serves as I-551 ("green card") until the actual card comes in the mail; as soon as you cross the border on a CR- or IR- series visa and the officer stamps your passport and writes down your A# ("registration #" on the visa itself plus a leading "A0") on it, you're a permanent resident.

If you're looking at the VJ FAQ on the K- series, the K- series isn't technically an immigrant series, thus why it doesn't confer permanent residency; the main thing they're used for are K-1 ("fiancee visas") applications and getting spouses into the country as fast as possible, then filing for AOS to permanent resident. The IR- and CR- series however are "do the entire process, then immigrate" visas, and automatically confer PR when you enter.

Edit: see this guide for VJ's breakdown of the IR/CR process. Basically I should have written "immigrant spouse visas" instead of just "spouse visas" in my original post; I went back and edited it in.

Sheep fucked around with this message at 23:40 on Feb 2, 2014

Sheep
Jul 24, 2003

flavor posted:

Thank you for all this information. I sure didn't know about it and I also surely didn't mention DCF. We're talking about a person who (at least presumably, since she didn't state anything different) is in the US and whose spouse is in the UK. That's where a K-3 would apply. You said ""Getting a green card" isn't an issue since spouse visas automatically confer permanent residency". The K-3 IS a spouse visa.

Look, I salute everybody who is lucky enough to be able to do DCF, but the default is the K-3, which doesn't confer permanent residency and that sure as hell is a "spouse visa" if words have meaning.

It's important to be clear - if you're eligible to apply for a K-3, you're eligible to apply for a CR-1 or IR-1 as well. The difference is "get in as fast as possible then file for AOS" (K-3) or "get everything sorted, then enter and be a permanent resident" (CR-1/IR-1). Two of the three available spouse visas automatically confer permanent residency upon entering the country, so my statement wasn't exactly incorrect or anything - as I said, I just should have written "immigrant" in front of "spouse visas". The K-3 visa, again, is technically not an immigrant visa (read the second sentence of the VJ FAQ on it, or the Wikipedia page, or the state.gov page on K-3 visas which is entitled "Nonimmigrant Visa for a Spouse (K-3)"), which is why it does not confer permanent residency.

I apologize for the confusion but don't get up in arms, please.

Edit: VJ has a good comparison of the various filing options for anyone who isn't aware.

Sheep fucked around with this message at 00:52 on Feb 3, 2014

Sheep
Jul 24, 2003
You're just being unhelpful and nitpicking over things that have long been fixed now, even despite my apologies. Don't know what to tell you other than 'get over it' at this point.

Thanks for the spelling corrections, anyways.

Sheep fucked around with this message at 00:28 on Feb 3, 2014

Sheep
Jul 24, 2003

Powerlurker posted:

Well, also there's the whole thing that the government basically considers K-3 visas obsolete and just processes them as a CR-1/IR-1 application at this point.
Do they even issue them anymore then? The nonimmigrant and immigrant consular affairs numbers just list the K- series as fiancee visa now. I've never run into anyone who has used a K-3 visa, honestly. Plenty of K-1 and CR/IR-1s though, which is why it's so easy to forget that the thing exists at all.

Sheep
Jul 24, 2003

Sharks Below posted:

I've read that for the IR1/CR1 visa you really only need the certificate, how true is this? I worry that I'll just send that and the couple of other things and it won't be enough or is the rest of the supporting documentation for the interview?

I just submitted a copy of the marriage certificate and a rental agreement showing us both as tenants for a couple of years. Even with my wild-west translations of everything that was apparently plenty for a CR1 from a country that isn't China/the Philippines/etc.

Sheep fucked around with this message at 13:25 on Jul 9, 2014

Sheep
Jul 24, 2003

Sharks Below posted:

Man, you know what's tough when both parties are living outside the USA? Establishing a domicile. :negative:

Do you not have the option of asserting that you never relinquished any previous domicile you had? That's what I did.

Sheep
Jul 24, 2003
We're about a week out from being able to file form I-751. Only issue really is that the form available on the USCIS websites says "Expires 4/30/2015" and no newer form is available. What's the deal, can we use the old form?

Also any suggestions for what kind of "supporting evidence" to send along? We don't have kids yet nor do we own a house (do share an apartment, copy of lease on hand). I've heard stories of people sending like pictures from their weddings and what not which just sounds .. creepy-ish. Guess we could send our collection of selfies of us taken with our cat and give someone a laugh.

Sheep fucked around with this message at 02:27 on May 6, 2015

Sheep
Jul 24, 2003

Ashcans posted:

The expiration date on the forms has nothing to do with whether it is still accepted by USCIS - that date is related to the OMB, and it basically means that date is the deadline for which the form is supposed to be reviewed and any necessary updates made (in order to prevent forms falling horribly out of date through neglect). If you look up any form on the USCIS website, it will show you the 'edition date' for the current form. Pretty much the form you download from USCIS is always going to be accepted.
Good to know! That is some confusing wording they use though.

quote:

You should include documentation that shows you have been living and acting as a couple since your original petition - leases, joint accounts, insurance you share, trips you have taken, photos of you at notable places or events (USCIS doesn't really care about photos of you smiling together on a bench because that's pretty easy to fake. If you have pictures of the trip you took somewhere together, or of you at life events together, it's more useful - although still not a replacement for other documentation).

Yeah this is all pretty easy then since she's the beneficiary on my 401(k), we're on the same auto/renter's/health insurance policies/apartment lease, and have a joint bank account. Pretty sure I can show enough financial mingling or whatever they want to call it that it won't be a huge deal that we don't have children or a house together yet.

Sheep fucked around with this message at 04:31 on May 6, 2015

Sheep
Jul 24, 2003

Ashcans posted:

Anyone can translate for you, as long as they aren't connected to the application (ie, you can't do this for yourselves).

This is not the case. I did the translations for my I-130 application myself and I was the petitioner. Translated documents included bank statements, marriage certificate, shared apartment lease, and some other multi-page documents. I just included a copy of a translation/simultaneous interpretation certification I had, though I'm mot sure if that was even necessary in the grand scheme.

Anyways point being you can in fact do the translations yourself.

Sheep
Jul 24, 2003
That is correct. That letter is the document which, along with your now-expired I551, confirms your legal presence within the US.

Sheep
Jul 24, 2003

Miggles posted:

Is it essential to have a face to face lawyer for immigration?

Kind of asking if there is a goon lawyer here to take my case. Recently got married, need help.

Your wording is kind of ambiguous but just so it is clear, it seems to be a common misconception that a lawyer is necessary (or even beneficial) when attempting to immigrate to the US. Unless the applicant has some kind of criminal record/previously been removed from the US or the applicant and petitioner don't have the English level necessary to fill out the paperwork then a lawyer isn't particularly necessary unless you've just got more money than sense and can't be bothered.

Sheep fucked around with this message at 03:04 on Dec 18, 2016

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Sheep
Jul 24, 2003
CR-1 or IR-1 depending on how long you've been married for. Since she will (hopefully?) remain continually employed it should be comparatively easy, though you might have to jump through some hoops with regard to the domicile requirements unless you'll have co-sponsors already living in the US.

Good news is that upon crossing the border as an IR/CR-1 holder you automatically become a permanent resident which is pretty :yotj: Little helpful tip from experience though, be proactive and contact the social security office yourself rather than relying solely on the checkbox on the immigration forms since in my case (and that of a lot of others, apparently) the SSA was never actually notified of us immigrating and it delayed receiving an SSN by several weeks.

Sheep fucked around with this message at 23:06 on Feb 15, 2017

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