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DaveInPeru

CR1 or I-485? So confused please help

By DaveInPeru in IR-1 / CR-1 Spouse Visa Process & Procedures

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DaveInPeru Rookie

DaveInPeru   0

Posted
Filed: Country: Peru
 Timeline
Posted

Any help or references greatly appreciated, I'm fearing that my attorney gave me incorrect information. Quick facts:

  • I am a US citizen.
  • I married a Peruvian, in Peru, in September 2013.
  • I have been living with her in Peru since July 2014
  • In February 2015 our I-130 was approved
  • In March 2015 we received her case number from the NVC

Now my confusion: When I log in to the NVC it says her visa class is CR1. The attorney I talked to told me that I needed a I-485 and never told me anything about a CR1. I am also reading that I must be living in the US in order to file the CR1. Is that true? The attorney we spoke to knew full well that I was planning to move to Peru...

I'm not sure if I need to do something different. I can move back to the US and we can live separately if that will help our chances and make the whole process significantly faster. Or do we just go ahead and move forward with the DS-261 (that would be the next step right?) and paying the fees. Or (hoping this isn't the case) do we need to start over and do this totally differently?

Thank you very much in advance.

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

1) Fire that attorney, and never speak to them again.

2) Proceed with the DS-261.

You will not be filing an I-485 because your wife will be seeking a CR-1 immigrant visa.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

1.i 485 only used if beneficiary inside usa.

2. Need nvc doc intake, fee payment, for cr-1 visa. Click link below for the bible.

3. Us citizen location not matter. Study domicile instructions in i-864.

attorney seems confused. Disengage.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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DaveInPeru Rookie

DaveInPeru   0

Posted
Filed: Country: Peru
 Timeline
  • Author
Posted (edited)

Thank you Hypnos. Luckily we only paid the attorney a one-time fee to review our I-130 packet and answer some questions. That's why I'm here and not calling her.

But do I not need to be in the US to file the CR-1? Note that I do work for an American company, remotely via VPN, from here in Peru and I maintain a US bank account into which my paychecks from this company are direclty deposited. I continue to pay US taxes and don't earn money from any Peruvian company. Financially no one can even tell that I don't still live in the US. Should I be OK?

Edited by DaveInPeru
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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

As a US citizen you can file an I-130 from anywhere, but when it comes time to file the affidavit of support (I-864) you will need to show that you are either currently domiciled or are resuming your domicile in the US.

Ways to do that may include: seeking or finding US-based employment; continuing to file US federal income taxes; renting or buying a US residence, etc.

The lawyer you spoke to was an idiot.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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grad_student Collaborator

grad_student   11

Posted
Filed: IR-1/CR-1 Visa Country: Pakistan
 Timeline
Posted

My brother in law is a lawyer and has been handling immigration cases of Somalis for some years. Even he told me about I-485. You wont believe how many lawyers arent familir with DS-261 route. Fire that lawyer

Come join the Scan Date to Case Complete thread. To be added to the Scan Date to Case Complete spreadsheet, simply post your Scan Date and/or Case Complete date in the thread. You will be added to the spreadsheet which is available now.

http://www.visajourney.com/forums/topic/592291-scan-date-to-case-complete-spreadsheet/

https://docs.google.com/spreadsheets/d/1bLgqeV5tr9zHOSY5IqtYn3RURVO3C0iMBGVwUviVruk/edit#gid=0

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