CR-1 visa process

[J&Cmay2016 4]

I am super confused on the process of filing for a CR-1 now. The situation is this. We are both in the philippines. We got married a month ago, so i cant actually file the I-130 until ive been here for six months. By that time my tourist visa will be changed to a dependent visa. So I understand the process of filing the I-130 and how to do that here in manila. However, once the I-130 gets approved i get lost. After approval, is there another application and interview stage? or is it just the I-130 process? I've read the guide and personal accounts on the forum and i cant seem to wrap my head around it! Also he is not philipino he is indian, will that have an effect on the process? He's been here for 8 years on a valid work visa. We don't actually plan on returning to the us for a year anyways so a wait to file isn't a big deal. anyone who has gone through this in manila please help! 

[Jorge V 195]

You should contact your USCOS office to check on their requirements for DCF. Some offices are stricter than others, so you might be able to file before the 6 months.

 

After the I-130 is approved your case will be forwarded from the USCIS office to your embassy. I'm not sure how the embassy is setup in the Manila but it and the USCIS office might be in the same building. The embassy will receive your case and assign you a case number. This case number will allow you to complete form DS-260 online. The DS-260 is the visa application. Your embassy will also send you instructions on gathering certain documents (such as the I-864), fee payment, and on how to schedule your interview. Your spouse will be required to undergo a medical exam and attend an interview with an immigration officer at the embassy.

 

The length of this process can vary depending on the embassy, but I can give you my experience with DCF in Mexico:

 

- My I-130 was approved in 9 days

- Case was forwarded to the embassy

- Case assigned 5 days letter

- 5 days after that I received a letter from the embassy with instructions

- I completed the DS-260 and scheduled my appointment. Earliest appointment was for one month in the future

- Attended interview, received approval

- Visa was mailed to me exactly 1 week later

 

Once you have received the visa you are free to travel to the US.

Edited September 15, 2017 by Jorge Valdivia

[J&Cmay2016 4]

thanks that clears a lot of my confusion. Quick question on the I-864. I quit my job in the states to move here with him bc his job is here. However, once we get his visa straightened out his company will be transferring him to the states. So i have no income to use on the I-864, but since he has his job already set up to continue in the states, can he fill it out for himself? or will i need to have my dad fill one out for us? and if so, which version will he need to fill out? will i still need to fill one out to, then?

[geowrian 22,335]

Just now, J&Cmay2016 said:

thanks that clears a lot of my confusion. Quick question on the I-864. I quit my job in the states to move here with him bc his job is here. However, once we get his visa straightened out his company will be transferring him to the states. So i have no income to use on the I-864, but since he has his job already set up to continue in the states, can he fill it out for himself? or will i need to have my dad fill one out for us? and if so, which version will he need to fill out? will i still need to fill one out to, then?

The I-864 looks at current income, not future income. The CO will take into account the public charge concern using a totality of the circumstances (so being employable is good), but the statutory minimums for the I-864 must be satisfied. What really matters is if he is considered to still be earning the money at the time the I-864 is submitted (at NVC and the interview).

 

If the primary sponsor's income/assets are insufficient, then they need a joint sponsor. The joint sponsor would fill out their own I-864 and provide their own income/asset evidences as needed (plus evidence of being a USC or LPR). If he is married and lives with his spouse, they may want to see an I-864A from her (not technically required but they have asked for this so the spouse knows what is going on and involved). Even if using a joint sponsor, the petitioner must still file an I-864 as the primary sponsor.

 

Note that you can file the I-130 without waiting the 6 months, but it would need to be filed in the US....it may be a month or two faster to wait for DCF, but you aren't "required" to wait for DCF.

[J&Cmay2016 4]

ok, ty. It would be easier if they would just take his income, as that is what we are living on and will be living on when we return to the states, but i had the backup plan of having my dad fill one out. I will probably have him fill one out soon just so i have it with plenty of time. since he will have to email a copy back to me from the states. or will he have to mail the original? does it matter? 

[geowrian 22,335]

18 minutes ago, J&Cmay2016 said:

ok, ty. It would be easier if they would just take his income, as that is what we are living on and will be living on when we return to the states, but i had the backup plan of having my dad fill one out. I will probably have him fill one out soon just so i have it with plenty of time. since he will have to email a copy back to me from the states. or will he have to mail the original? does it matter? 

Maybe I misread something...? Where does he work now? And would income continue from the exact same source upon return to the US? If so, his income may be accepted.

 

NVC accepts a copy/printout now, but a wet signature is sometimes required by the CO for the interview later.

Edited September 19, 2017 by geowrian

[J&Cmay2016 4]

Yes hes a financial manager at the company handling the jamaican, usa and british accounts. They have an office in the US but he could work remotely from anywhere once we get there. So it would be the same source.

[geowrian 22,335]

6 hours ago, J&Cmay2016 said:

Yes hes a financial manager at the company handling the jamaican, usa and british accounts. They have an office in the US but he could work remotely from anywhere once we get there. So it would be the same source.

On 9/19/2017 at 10:33 AM, geowrian said:

However, once we get his visa straightened out his company will be transferring him to the states.

I'll defer to others on how likely they are to accept this situation. Originally you stated that they will transfer him to the states, but now you're saying he will work remotely for them. This may seem like a distinction without a difference, but there are 2 concerns involved, and which one it is creates an issue for the other. The issues can be overcome, but I'm just relaying them so you're aware.

 

1) I-864. If the income will continue from the same source, it can be counted. If he will be transferring to a US branch, that's no longer the same source.

2) US Domicile. If he is working remotely for foreign company, the the job cannot be counted as evidence of US domicile. US domicile is needed for the I-864. So other sufficient evidence is needed first, which may mean returning to the US before the visa is issued to establish domicile. I say "may" because it depends on the totality of the circumstances and the CO has broad discretion here, so having a plan of what to present for domicile would be recommended.