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Old Oct 30th 2018, 3:54 pm
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Default Visa Questions

Hi

I am at the NVC stage of my visa with the DS260 and sponsorship to complete. I have a few qurstions:-

1. As my wife has not worked this past 18 months I have found someone else willing to sponsor me. Does my wife still have to complete this and submit tax returns even though she has not earned enough to be a sposnsor? or can the other person who we know just complete this?

2. I ended a role in December 2017 wokring in the US using an E2 work visa ahead of applying for my own CR1 visa. Today I got a call offering me a permanenet role over in the US again workiing for the same company who put me through my E2 visa which is valid until 2020. Basically if all goes to plan I will be employed again which will allow me to use the E2 work visa again. If I enter the US under my E2 visa I take it I can still carry on with the CR1 process to still get my greencard? Do I need to let anyone know or is it just a case of flying back to the UK to have my interview and medical when needed?

If my CR1 is approved and I enter the US ahead of the approval on my E2 work visa how would I then enable my CR1? Normally this would be done upon enterinfg the US for the first time but if I am already over in the US when it is all approved would I have to leave and then enter back using my CR1 or would I just go to an office somewhere in the US to activate my CR1?

Cheers

Stu
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Old Oct 30th 2018, 4:15 pm
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Default Re: Visa Questions

Originally Posted by stu_blue
Hi

I am at the NVC stage of my visa with the DS260 and sponsorship to complete. I have a few qurstions:-

1. As my wife has not worked this past 18 months I have found someone else willing to sponsor me. Does my wife still have to complete this and submit tax returns even though she has not earned enough to be a sposnsor? or can the other person who we know just complete this?
Yes, she needs to complete the I-864 as well. She is the main financial sponsor whether she meets the criteria at the time of completion of the affidavit or not. She is the one they will go after first for reimbursement of means tested benefits you receive; the joint sponsor will be the second person.

2. I ended a role in December 2017 wokring in the US using an E2 work visa ahead of applying for my own CR1 visa. Today I got a call offering me a permanenet role over in the US again workiing for the same company who put me through my E2 visa which is valid until 2020. Basically if all goes to plan I will be employed again which will allow me to use the E2 work visa again. If I enter the US under my E2 visa I take it I can still carry on with the CR1 process to still get my greencard? Do I need to let anyone know or is it just a case of flying back to the UK to have my interview and medical when needed?
Personally, I don't see why you can't enter the US with and use a valid E2 visa work visa while the CR-1 is being adjudicated. That's only my take on it. Someone else will be along to affirm or deny this.

If my CR1 is approved and I enter the US ahead of the approval on my E2 work visa how would I then enable my CR1? Normally this would be done upon enterinfg the US for the first time but if I am already over in the US when it is all approved would I have to leave and then enter back using my CR1 or would I just go to an office somewhere in the US to activate my CR1?

Cheers

Stu
Your CR-1 cannot be approved without your attending the CR-1 visa interview in a foreign country (in your case it will be at the US Embassy in London). Since you have to leave your passport there, you won't be able to return to the US to continue working until you have had the passport returned with the visa in it and then it can be stamped at that entry. If the CR-1 is denied, it should not have a bearing on your E2 and you should still be able to enter the US to continue working.
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Old Oct 31st 2018, 3:52 pm
  #3  
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Default Re: Visa Questions

Thanks Rete.

So after the interview how long would they hold my passport for before getting it back?

Does anyone else have any other info on me entering the US on an E2 visa while I am in the middle of a CR1 application?
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Old Oct 31st 2018, 11:15 pm
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Default Re: Visa Questions

If it doesn't go into administrative processing, then the turn around from those who have done this recently is 7 to 10 working days max. If it goes into administrative processing, it could be months. In that case, you can ask for your passport back and they will notify you when the visa is ready to be issued and you will send them the passport by courier.
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