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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IR-1 / CR-1 Spouse Visa General Discussion

AandLKC

Who can request consular processing ??is it only for K3 ?? or CR-1 to ?
Len_and_Bren
QUOTE(anish and lijy @ Oct 8 2007, 06:56 PM) *
Who can request consular processing ??is it only for K3 ?? or CR-1 to ?


DCF is only available for immigrant spousal (CR-1 and IR-1) visas. BOTH the USC and the spouse must be residing legally abroad -Consulates have different requirements as to how long residency needs to be in existence before you apply.
Hope this helps, L.
AandLKC
QUOTE(Len_and_Bren @ Oct 8 2007, 08:57 PM) *
QUOTE(anish and lijy @ Oct 8 2007, 06:56 PM) *
Who can request consular processing ??is it only for K3 ?? or CR-1 to ?


DCF is only available for immigrant spousal (CR-1 and IR-1) visas. BOTH the USC and the spouse must be residing legally abroad -Consulates have different requirements as to how long residency needs to be in existence before you apply.
Hope this helps, L.


I am aware of DCF .... i am taking about "stating you want consular filing on your i-130 form when filing from U.S.A ) ??

I think you can request it ?? is it only applicable for K-3 or IR/CR-1 i don't know ??
pushbrk
QUOTE(Len_and_Bren @ Oct 8 2007, 06:57 PM) *
QUOTE(anish and lijy @ Oct 8 2007, 06:56 PM) *
Who can request consular processing ??is it only for K3 ?? or CR-1 to ?


DCF is only available for immigrant spousal (CR-1 and IR-1) visas. BOTH the USC and the spouse must be residing legally abroad -Consulates have different requirements as to how long residency needs to be in existence before you apply.
Hope this helps, L.


All spouse and fiance visa cases receive "Consular Processing". The question does not relate to DCF. The issue of "Consular processing" as a request, refers to K3 petitioners who want their I-130s to be processed through a Consulate abroad, in order to obtain an immigrant visa instead of having their I-130s held for use in the status adjustment process. Prior to November 2006, all I-130s associated with K3 cases were forwarded to NVC and on to Consulates if they ever cleared NVC.
Nutty
QUOTE(anish and lijy @ Oct 8 2007, 09:05 PM) *
QUOTE(Len_and_Bren @ Oct 8 2007, 08:57 PM) *
QUOTE(anish and lijy @ Oct 8 2007, 06:56 PM) *
Who can request consular processing ??is it only for K3 ?? or CR-1 to ?


DCF is only available for immigrant spousal (CR-1 and IR-1) visas. BOTH the USC and the spouse must be residing legally abroad -Consulates have different requirements as to how long residency needs to be in existence before you apply.
Hope this helps, L.


I am aware of DCF .... i am taking about "stating you want consular filing on your i-130 form when filing from U.S.A ) ??

I think you can request it ?? is it only applicable for K-3 or IR/CR-1 i don't know ??



Direct Consular Filing can only be requested by a US citizen who works and lives OUTSIDE THE USA. If you live in India as a US citizen and then get married, you can go to the consulate and file directly.

AandLKC
QUOTE(Nutty @ Oct 9 2007, 03:03 PM) *
QUOTE(anish and lijy @ Oct 8 2007, 09:05 PM) *
QUOTE(Len_and_Bren @ Oct 8 2007, 08:57 PM) *
QUOTE(anish and lijy @ Oct 8 2007, 06:56 PM) *
Who can request consular processing ??is it only for K3 ?? or CR-1 to ?


DCF is only available for immigrant spousal (CR-1 and IR-1) visas. BOTH the USC and the spouse must be residing legally abroad -Consulates have different requirements as to how long residency needs to be in existence before you apply.
Hope this helps, L.


I am aware of DCF .... i am taking about "stating you want consular filing on your i-130 form when filing from U.S.A ) ??

I think you can request it ?? is it only applicable for K-3 or IR/CR-1 i don't know ??



Direct Consular Filing can only be requested by a US citizen who works and lives OUTSIDE THE USA. If you live in India as a US citizen and then get married, you can go to the consulate and file directly.


I am not talking about DCF ( direct consular filing) i am asking about "Consular Processing" they are two different things ..

DCF -- you have to be outside the U.S.A
Counselor Processing - its something you can request when filing i-130 .... how effective ?? i don't know ... form the post above i am understanding that its only for K-3

have anyone done it before ... how fast is it ??
Sangrita
QUOTE(anish and lijy @ Oct 9 2007, 10:10 PM) *
I am not talking about DCF ( direct consular filing) i am asking about "Consular Processing" they are two different things ..

DCF -- you have to be outside the U.S.A
Counselor Processing - its something you can request when filing i-130 .... how effective ?? i don't know ... form the post above i am understanding that its only for K-3

have anyone done it before ... how fast is it ??



Did you read Pushbrk´s comment? (Post #4).

AandLKC
QUOTE(Sangrita @ Oct 9 2007, 03:37 PM) *
QUOTE(anish and lijy @ Oct 9 2007, 10:10 PM) *
I am not talking about DCF ( direct consular filing) i am asking about "Consular Processing" they are two different things ..

DCF -- you have to be outside the U.S.A
Counselor Processing - its something you can request when filing i-130 .... how effective ?? i don't know ... form the post above i am understanding that its only for K-3

have anyone done it before ... how fast is it ??



Did you read Pushbrk´s comment? (Post #4).


yes ... i think now you can still request for "Counslar Processing" if you want to ?? Have anybody ever done that ?? is it any faster that USCIS ??
waiting4ever
QUOTE(anish and lijy @ Oct 9 2007, 05:00 PM) *
QUOTE(Sangrita @ Oct 9 2007, 03:37 PM) *
QUOTE(anish and lijy @ Oct 9 2007, 10:10 PM) *
I am not talking about DCF ( direct consular filing) i am asking about "Consular Processing" they are two different things ..

DCF -- you have to be outside the U.S.A
Counselor Processing - its something you can request when filing i-130 .... how effective ?? i don't know ... form the post above i am understanding that its only for K-3

have anyone done it before ... how fast is it ??



Did you read Pushbrk´s comment? (Post #4).


yes ... i think now you can still request for "Counslar Processing" if you want to ?? Have anybody ever done that ?? is it any faster that USCIS ??


I have never heard of such a thing. If you file in the United States, it first has to be processed by the USCIS and then NVC, in case of CR-1. It only processes at the consulate is if you do DCF.
MargotDarko
We have not had any reports so far of successfully requesting consular processing for the I-130 when the I-129f was also filed. We've had one report of someone clearly requesting it all over the I-130, but they still had the I-130 held and only the I-129f forwarded to the NVC. So as far as I can tell, they're not following what they said they would do unless there's some tricky, mysterious way to request it.
T Atta
My husband is going through consular processing for an IR-1. Our I130 was filed in 2002. It got held up in security so we filed for the K3 in 2003. The I130 was approved in late 2005 and was forwarded on to the State Department. To date, the K3 is "pending security clearance". In theory, the K3 is supposed to be the faster route to reunite families...obviously it did not work for us.
pushbrk
QUOTE(waiting4ever @ Oct 9 2007, 03:18 PM) *
QUOTE(anish and lijy @ Oct 9 2007, 05:00 PM) *
QUOTE(Sangrita @ Oct 9 2007, 03:37 PM) *
QUOTE(anish and lijy @ Oct 9 2007, 10:10 PM) *
I am not talking about DCF ( direct consular filing) i am asking about "Consular Processing" they are two different things ..

DCF -- you have to be outside the U.S.A
Counselor Processing - its something you can request when filing i-130 .... how effective ?? i don't know ... form the post above i am understanding that its only for K-3

have anyone done it before ... how fast is it ??



Did you read Pushbrk´s comment? (Post #4).


yes ... i think now you can still request for "Counslar Processing" if you want to ?? Have anybody ever done that ?? is it any faster that USCIS ??


I have never heard of such a thing. If you file in the United States, it first has to be processed by the USCIS and then NVC, in case of CR-1. It only processes at the consulate is if you do DCF.


The OP's question does not relate to DCF in any way. These answers are ust confusing the point.

Requesting Consular processing on an I-130 is something K3 filers do when they don't want their I-130 held for AOS. USCIS routinely holds I-130's when an I-129F for spouse has been approved. Successfully requesting Consular Processing does not circumvent USCIS processing, it just gets the petition forwarded to NVC and the Consulate so an immigrant visa can be the result instead of stateside status adjustment.

See here:

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

If no I-129F is filed or contemplated, the I-130 will receive "Consular Processing" after USCIS approval, like any other "visa" process.
waiting4ever
QUOTE(pushbrk @ Oct 10 2007, 09:30 AM) *
QUOTE(waiting4ever @ Oct 9 2007, 03:18 PM) *
QUOTE(anish and lijy @ Oct 9 2007, 05:00 PM) *
QUOTE(Sangrita @ Oct 9 2007, 03:37 PM) *
QUOTE(anish and lijy @ Oct 9 2007, 10:10 PM) *
I am not talking about DCF ( direct consular filing) i am asking about "Consular Processing" they are two different things ..

DCF -- you have to be outside the U.S.A
Counselor Processing - its something you can request when filing i-130 .... how effective ?? i don't know ... form the post above i am understanding that its only for K-3

have anyone done it before ... how fast is it ??



Did you read Pushbrk´s comment? (Post #4).


yes ... i think now you can still request for "Counslar Processing" if you want to ?? Have anybody ever done that ?? is it any faster that USCIS ??


I have never heard of such a thing. If you file in the United States, it first has to be processed by the USCIS and then NVC, in case of CR-1. It only processes at the consulate is if you do DCF.


The OP's question does not relate to DCF in any way. These answers are ust confusing the point.

Requesting Consular processing on an I-130 is something K3 filers do when they don't want their I-130 held for AOS. USCIS routinely holds I-130's when an I-129F for spouse has been approved. Successfully requesting Consular Processing does not circumvent USCIS processing, it just gets the petition forwarded to NVC and the Consulate so an immigrant visa can be the result instead of stateside status adjustment.

See here:

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

If no I-129F is filed or contemplated, the I-130 will receive "Consular Processing" after USCIS approval, like any other "visa" process.


I agree with what you say. I know that the original question does not relate to DCF. The OP seems to believe that there is a way in which one can file in the United States and then request it to be processed by Consulate rather than the USCIS. My response is that this is not possible. If one files in the United States, it must go through USCIS. There is no way that one can avoid USCIS and request for "consular processing" when filing in the United States.
pushbrk
QUOTE(waiting4ever @ Oct 10 2007, 08:14 AM) *
QUOTE(pushbrk @ Oct 10 2007, 09:30 AM) *
QUOTE(waiting4ever @ Oct 9 2007, 03:18 PM) *
QUOTE(anish and lijy @ Oct 9 2007, 05:00 PM) *
QUOTE(Sangrita @ Oct 9 2007, 03:37 PM) *
QUOTE(anish and lijy @ Oct 9 2007, 10:10 PM) *
I am not talking about DCF ( direct consular filing) i am asking about "Consular Processing" they are two different things ..

DCF -- you have to be outside the U.S.A
Counselor Processing - its something you can request when filing i-130 .... how effective ?? i don't know ... form the post above i am understanding that its only for K-3

have anyone done it before ... how fast is it ??



Did you read Pushbrk´s comment? (Post #4).


yes ... i think now you can still request for "Counslar Processing" if you want to ?? Have anybody ever done that ?? is it any faster that USCIS ??


I have never heard of such a thing. If you file in the United States, it first has to be processed by the USCIS and then NVC, in case of CR-1. It only processes at the consulate is if you do DCF.


The OP's question does not relate to DCF in any way. These answers are ust confusing the point.

Requesting Consular processing on an I-130 is something K3 filers do when they don't want their I-130 held for AOS. USCIS routinely holds I-130's when an I-129F for spouse has been approved. Successfully requesting Consular Processing does not circumvent USCIS processing, it just gets the petition forwarded to NVC and the Consulate so an immigrant visa can be the result instead of stateside status adjustment.

See here:

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

If no I-129F is filed or contemplated, the I-130 will receive "Consular Processing" after USCIS approval, like any other "visa" process.


I agree with what you say. I know that the original question does not relate to DCF. The OP seems to believe that there is a way in which one can file in the United States and then request it to be processed by Consulate rather than the USCIS. My response is that this is not possible. If one files in the United States, it must go through USCIS. There is no way that one can avoid USCIS and request for "consular processing" when filing in the United States.


That's true but even with DCF, USCIS adjudicates the petition. The difference is that a USCIS office inside or near the Consulate does the adjudicating. NVC is what gets skipped, not USCIS. USCIS offices abroad tend to be far less backlogged than the US Service centers. The DCF process is generally far more streamlined.

Again, this has nothing to do with the OP's original question. It does address their second point of confusion, however.
Nutty
QUOTE(pushbrk @ Oct 10 2007, 09:30 AM) *
QUOTE(waiting4ever @ Oct 9 2007, 03:18 PM) *
QUOTE(anish and lijy @ Oct 9 2007, 05:00 PM) *
QUOTE(Sangrita @ Oct 9 2007, 03:37 PM) *
QUOTE(anish and lijy @ Oct 9 2007, 10:10 PM) *
I am not talking about DCF ( direct consular filing) i am asking about "Consular Processing" they are two different things ..

DCF -- you have to be outside the U.S.A
Counselor Processing - its something you can request when filing i-130 .... how effective ?? i don't know ... form the post above i am understanding that its only for K-3

have anyone done it before ... how fast is it ??



Did you read Pushbrk´s comment? (Post #4).


yes ... i think now you can still request for "Counslar Processing" if you want to ?? Have anybody ever done that ?? is it any faster that USCIS ??


I have never heard of such a thing. If you file in the United States, it first has to be processed by the USCIS and then NVC, in case of CR-1. It only processes at the consulate is if you do DCF.


The OP's question does not relate to DCF in any way. These answers are ust confusing the point.

Requesting Consular processing on an I-130 is something K3 filers do when they don't want their I-130 held for AOS. USCIS routinely holds I-130's when an I-129F for spouse has been approved. Successfully requesting Consular Processing does not circumvent USCIS processing, it just gets the petition forwarded to NVC and the Consulate so an immigrant visa can be the result instead of stateside status adjustment.

See here:

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

If no I-129F is filed or contemplated, the I-130 will receive "Consular Processing" after USCIS approval, like any other "visa" process.


My apologies for maybe not understanding....But my understanding was they were trying to avoid the USCIS for processing and I thought only citizens who resided outside the US can have "consular processing." Direct Consular filing and Consular processing sound similar
pushbrk
QUOTE(Nutty @ Oct 10 2007, 11:09 AM) *
QUOTE(pushbrk @ Oct 10 2007, 09:30 AM) *
QUOTE(waiting4ever @ Oct 9 2007, 03:18 PM) *
QUOTE(anish and lijy @ Oct 9 2007, 05:00 PM) *
QUOTE(Sangrita @ Oct 9 2007, 03:37 PM) *
QUOTE(anish and lijy @ Oct 9 2007, 10:10 PM) *
I am not talking about DCF ( direct consular filing) i am asking about "Consular Processing" they are two different things ..

DCF -- you have to be outside the U.S.A
Counselor Processing - its something you can request when filing i-130 .... how effective ?? i don't know ... form the post above i am understanding that its only for K-3

have anyone done it before ... how fast is it ??



Did you read Pushbrk´s comment? (Post #4).


yes ... i think now you can still request for "Counslar Processing" if you want to ?? Have anybody ever done that ?? is it any faster that USCIS ??


I have never heard of such a thing. If you file in the United States, it first has to be processed by the USCIS and then NVC, in case of CR-1. It only processes at the consulate is if you do DCF.


The OP's question does not relate to DCF in any way. These answers are ust confusing the point.

Requesting Consular processing on an I-130 is something K3 filers do when they don't want their I-130 held for AOS. USCIS routinely holds I-130's when an I-129F for spouse has been approved. Successfully requesting Consular Processing does not circumvent USCIS processing, it just gets the petition forwarded to NVC and the Consulate so an immigrant visa can be the result instead of stateside status adjustment.

See here:

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

If no I-129F is filed or contemplated, the I-130 will receive "Consular Processing" after USCIS approval, like any other "visa" process.


My apologies for maybe not understanding....But my understanding was they were trying to avoid the USCIS for processing and I thought only citizens who resided outside the US can have "consular processing." Direct Consular filing and Consular processing sound similar


They sound similar but are not the same thing. The OP already stated they were aware of DCF and were not asking about it.

Petitions are adjudicated by USCIS.

All visas receive "Consular Processing".

The question is really "How do I get my I-130 petition to the Consulate?"
AandLKC
QUOTE(Nutty @ Oct 10 2007, 01:09 PM) *
QUOTE(pushbrk @ Oct 10 2007, 09:30 AM) *
QUOTE(waiting4ever @ Oct 9 2007, 03:18 PM) *
QUOTE(anish and lijy @ Oct 9 2007, 05:00 PM) *
QUOTE(Sangrita @ Oct 9 2007, 03:37 PM) *
QUOTE(anish and lijy @ Oct 9 2007, 10:10 PM) *
I am not talking about DCF ( direct consular filing) i am asking about "Consular Processing" they are two different things ..

DCF -- you have to be outside the U.S.A
Counselor Processing - its something you can request when filing i-130 .... how effective ?? i don't know ... form the post above i am understanding that its only for K-3

have anyone done it before ... how fast is it ??



Did you read Pushbrk´s comment? (Post #4).


yes ... i think now you can still request for "Counslar Processing" if you want to ?? Have anybody ever done that ?? is it any faster that USCIS ??


I have never heard of such a thing. If you file in the United States, it first has to be processed by the USCIS and then NVC, in case of CR-1. It only processes at the consulate is if you do DCF.


The OP's question does not relate to DCF in any way. These answers are ust confusing the point.

Requesting Consular processing on an I-130 is something K3 filers do when they don't want their I-130 held for AOS. USCIS routinely holds I-130's when an I-129F for spouse has been approved. Successfully requesting Consular Processing does not circumvent USCIS processing, it just gets the petition forwarded to NVC and the Consulate so an immigrant visa can be the result instead of stateside status adjustment.

See here:

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

If no I-129F is filed or contemplated, the I-130 will receive "Consular Processing" after USCIS approval, like any other "visa" process.


My apologies for maybe not understanding....But my understanding was they were trying to avoid the USCIS for processing and I thought only citizens who resided outside the US can have "consular processing." Direct Consular filing and Consular processing sound similar


All visas receive "Consular Processing".

The question is really "How do I get my I-130 petition to the Consulate?"


has anybody done this before ?? any success ??


pushbrk
QUOTE(anish and lijy @ Oct 11 2007, 02:27 PM) *
QUOTE(Nutty @ Oct 10 2007, 01:09 PM) *
QUOTE(pushbrk @ Oct 10 2007, 09:30 AM) *
QUOTE(waiting4ever @ Oct 9 2007, 03:18 PM) *
QUOTE(anish and lijy @ Oct 9 2007, 05:00 PM) *
QUOTE(Sangrita @ Oct 9 2007, 03:37 PM) *
QUOTE(anish and lijy @ Oct 9 2007, 10:10 PM) *
I am not talking about DCF ( direct consular filing) i am asking about "Consular Processing" they are two different things ..

DCF -- you have to be outside the U.S.A
Counselor Processing - its something you can request when filing i-130 .... how effective ?? i don't know ... form the post above i am understanding that its only for K-3

have anyone done it before ... how fast is it ??



Did you read Pushbrk´s comment? (Post #4).


yes ... i think now you can still request for "Counslar Processing" if you want to ?? Have anybody ever done that ?? is it any faster that USCIS ??


I have never heard of such a thing. If you file in the United States, it first has to be processed by the USCIS and then NVC, in case of CR-1. It only processes at the consulate is if you do DCF.


The OP's question does not relate to DCF in any way. These answers are ust confusing the point.

Requesting Consular processing on an I-130 is something K3 filers do when they don't want their I-130 held for AOS. USCIS routinely holds I-130's when an I-129F for spouse has been approved. Successfully requesting Consular Processing does not circumvent USCIS processing, it just gets the petition forwarded to NVC and the Consulate so an immigrant visa can be the result instead of stateside status adjustment.

See here:

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

If no I-129F is filed or contemplated, the I-130 will receive "Consular Processing" after USCIS approval, like any other "visa" process.


My apologies for maybe not understanding....But my understanding was they were trying to avoid the USCIS for processing and I thought only citizens who resided outside the US can have "consular processing." Direct Consular filing and Consular processing sound similar


All visas receive "Consular Processing".

The question is really "How do I get my I-130 petition to the Consulate?"


has anybody done this before ?? any success ??


According to your timeline you haven't filed an I-129F, so just don't and your I-130 will go through NVC and on to the Consulate routinely. If you did file an I-129F, then after approval, file an I-824 requesting it and wait a few months. The fee is $340.
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