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dagreen95

USC in Spain with Wife- Job Offer in USA

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I am a USC who has been following this forum for the past two weeks. I am grateful for all of the advice that you have offered in the past and hope that you can dedicate some of your time to help me.

I have been living and working legally in Spain for the past 9 years and have been with my wife for the past five. We got married in California in December of 2013 while on Christmas vacation. She did not enter the country with a K-1 Visa as we did not stay in the U.S. for more than ten days.

Recently, I have been offered a job in the state of Florida that will pay 55k per year. We would like to leave Spain and start a new life in Florida in July 2015. My questions are about what is the best steps to take for my wife to obtain her CR-1 Visa.

Should my wife join me with the visa waiver and apply from the States? Can she do this and not be forced back to Spain or be stuck over there?

Would it be better for us to start the process in Spain and then for me to move to Florida? Could she join me while the first steps are in process?

Any suggestions?

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This post is several years old, but assuming Spain still does DCF (Direct Consular Filing), this is your best route. It will be much faster than the traditional CR-1/IR-1 route.

http://www.visajourney.com/forums/topic/112257-checklist-after-dcf-of-i-130-from-us-embassy-in-spain/

And having her enter with VWP with intent to immigrate is fraud, so no one will suggest you go this route.


K1 Visa Process AOS Process

Mar 18 2013: I-129F mailed to CSC Nov 15 2013: I-485 with EAD/AP filed at Chicago Lockbox

Sept 19 2013: Interview - Approved!! Jan 25 2014: EAD/AP Card Received

Oct 6 2013: POE - Chicago O'Hare June 2 2014: Permanent Resident Card Received!

Oct 27 2013: Wedding!

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Will that job remain open that long?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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You not a problem, her another issue.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I asked for an exception due to short notice job relocation and was approved for DFC! Thank you ChicagoSarah for the suggestion. My appointment to present the I-130 is on July 6th. I believe that along with the I-130 I need to bring my marriage certificate, a completed G-325A for each of us, passport photos, and evidence of our relationship.ITime to write to them.

I hope the process does not take too long.

Dear IV Unit Madrid :

I am writing for permission to file Form I-130, Petition for Alien Relative, for my wife through Direct Consular Filing at the American Embassy in Madrid. I am a U.S. Citizen who has been a legal resident in Barcelona, Spain since 2006 and am married to a Spanish citizen. Recently, my employer has provided me with short notice about a job relocation within the same company to the United States.

I am attaching the following document to accompany my petition:

  • Employer Letter- to demonstrate short notice for relocation
  • U.S. Passport- to demonstrate U.S. citizenship
  • Spanish Residency Permit (TIE)- to demonstrate legal residency in Spain
  • USCIS Policy Memo PM-602-0043.1- to demonstrate that my request can be granted as an exceptional circumstance- Chapter 21.12 © (7)

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Good luck!

Be sure you've been filing taxes in the US or have a letter ready based on IRS guidelines as to why you were not required to file. You'll need to meet the requirements for the I-864 at some point in the process and will need tax transcripts from the last 3 years.


K1 Visa Process AOS Process

Mar 18 2013: I-129F mailed to CSC Nov 15 2013: I-485 with EAD/AP filed at Chicago Lockbox

Sept 19 2013: Interview - Approved!! Jan 25 2014: EAD/AP Card Received

Oct 6 2013: POE - Chicago O'Hare June 2 2014: Permanent Resident Card Received!

Oct 27 2013: Wedding!

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dagreen95, how much notice did your employer give you in the letter? nevermind, I saw that it was mid-July and you were writing in mid-May!

Edited by Norway2Cali

04/30/2014: Married :)
08/11/2015: I-130 mailed to Chicago lockbox via FedEx
08/17/2015: NOA1 - Nebraska Service Center

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