Living in Mexico, Filing in Korea, not exactly sure when we will move to the States

[zinmemini 1]

CR-1

 

Wife Korean citizen
Me American citizen

 

- married in Aug 2015 in Korea
- met each other in Mexico at a missions center.
- still working in Mexico
- since we are "missionaries" -> we don't really have income but we get a little bit of stipend for each month ($500).
    One of my relatives is going to joint sponsor my wife.

 

- now we are trying to head back to the States.
- My area of expertise is a niche market so that I am not finding job openings but once there is an opening I can move back pretty fast.

- In order to prepare for the smooth transition, we want to prepare for CR-1 in advance. (given the current nature of policy changes)

- baby on the way in June
- for that my wife is going to Korea in April and come back to Mexico in September
- I will be going to Korea shortly in June and going to come back in June.

Would I need to visit the embassy myself for direct consular filing of CR-1? or my wife can just go there with all the documents (Because I won't be there until June)
direct consular filing would be recommended in my case?
My wife is planning to stay in Korea for 6 months. Would that be enough for the whole process?
Or should I just file an Adjustment of Status once we move back? (going into the States with travel visa)

     since we are going to have our baby, I thought it wouldn't be a problem with this option?

 

Thank you!

 

[Ben&Zian 4,397]

CR-1 is different than DCF.

 

Had to edit this line from first post, I misread. I do not think DCF still applies to your situation since your wife is a citizen of Korea not Mexico. I do not think you can use the embassy in Mexico for DCF with a third country party in your wife's case. Plus DCF in Korea does not work still because you must be legally living there for a certain amount of time before DCF becomes applicable to your case

 

As for CR-1 the whole process would take about 12 months. 

 

Don't "adjust status once we move back with a tourist visa". That is visa fraud as you had prior intent of your wife adjusting status and staying. Tourist visa's are for.... visiting then leaving.... So no don't do that.

Edited February 27, 2017 by Ben&Zian

[Ben&Zian 4,397]

~Self deleted~

Edited February 27, 2017 by Ben&Zian

[geowrian 22,335]

You won't qualify for DCF as you much be a current resident in Korea (generally that requires living there for the past 6 months). You'll have to do a normal CR-1/IR-1. ETA: 10-12+ months.

 

Having a child on thew way has no impact for immigration to the US for your wife.

 

Entering the US on a non-immigrant visa with the intent to stay/file for AOS is visa fraud. Do not do this. Do not think about doing this. Nothing good will come from it and nobody on VJ can help you with it.

[zinmemini 1]

 

In this case, CR-1 to Chicago lockbox would be the best option?

and DCF in Mexico is not an option for my wife?

 

This means that if I get a job within a year, I will need to be away from my wife?

[NigeriaorBust 4,087]

 You can file at any time during the process.  Your child will probably derive US citizenship from you assuming you where in the US as a young adult.  You will file for their passport after birth. Your wife will need to wait on the CR1 visa.  They have been taking about a year.  There may be a small slowdown because of people filing to be the price increase . If you file now it may mean she stays in Korea an extra couple of months.  I am sure her family will love the extra time with the baby

[zinmemini 1]

You guys mentioned that "you much be a current resident in Korea ". Who is "you" in this case?

In this case, CR-1 to Chicago lockbox would be the best option?

Then where is the interview held?

and DCF in Mexico is not an option for my wife?

 

This means that if I get a job within a year, I will need to be away from my wife?

[geowrian 22,335]

8 minutes ago, zinmemini said:

 

In this case, CR-1 to Chicago lockbox would be the best option?

and DCF in Mexico is not an option for my wife?

 

This means that if I get a job within a year, I will need to be away from my wife?

Do both you and your wife have residency in Mexico for at least 6 months? If so, you could do DCF there. DCF timelines vary from embassy to embassy, but it's usually weeks to a few months.

[zinmemini 1]

Here is the thing.

My wife has a work visa.

But I don't. I am here with a travel visa. 

I am in the process of obtaining work visa.

But given the nature of my work "missions" here, it wasn't possible for me to get a visa..

[geowrian 22,335]

6 minutes ago, zinmemini said:

Here is the thing.

My wife has a work visa.

But I don't. I am here with a travel visa. 

I am in the process of obtaining work visa.

But given the nature of my work "missions" here, it wasn't possible for me to get a visa..

With a travel visa, you do not have residency for DCF. You are a tourist and only visiting...not a resident. Once you actually get the work visa, and have stayed in Mexico for 6 months, then you should be fine to file.

 

Even with DCF, just note that the CR-1 visa may expire in your stated timeframe. The visa will only be valid for 12 months from the medical or 6 months from interview, whichever one comes first. You may need to adjust plans slightly in that event.

Edited February 27, 2017 by geowrian

[zinmemini 1]

What do you mean CR-1 will expire?

 

Sorry I am realizing that I don't really know this whole process well enough...

 

Could you suggest a good solution for me?

 

 

[xPandax 1]

What visa type do you have in Mexico? Some visa types have a family unity provision where you can bring your wife over and apply at one of the field offices.

[geowrian 22,335]

Just now, zinmemini said:

What do you mean CR-1 will expire?

 

Sorry I am realizing that I don't really know this whole process well enough...

 

Could you suggest a good solution for me?

 

 

A visa is only valid for a certain timeframe. You can't use it after its expiration date. A CR-1 visa (the one you would get with either DCF or through the US lockbox) is only valid for up to 12 months from the medical OR 6 months from the interview date...whichever one comes first.

 

As for solutions:

1. If you get residency in Mexico, then once you have resided in Mexico for 6 months you can do DCF. I'll defer to others more knowledgeable with Mexico's DCF process for if time spent as a tourist counts or not.
2. File the I-130 at the US lockbox and do a normal CR-1 visa process. ETA: 10-12+ months.

[geowrian 22,335]

16 minutes ago, zinmemini said:

But I don't. I am here with a travel visa.

Sorry, I misread that as "tourist" visa instead of "travel" visa. What is the exact visa you came on?

[zinmemini 1]

I  meant as in tourist visa.

 

I just asked around and it looks like the work visa (FM3) can come out in a month since my wife has FM3 already.

 

So I would need to wait for FM3 and then do a direct consular filing (which would take another 6 months to establish my presence + DCF)

or 

US lockbox (10-12 months)

 

But if we do US lockbox, where would there be an interview?

Because my wife would be going to Korea and come back around September or August.