Filed I-130 from Sweden, but can I file the CR-1 from within the US?

[spacetofu 8]

Hi,
about 5 months ago my husband and I filed our I-130 Petition from Sweden (sent to the Chicago Lockbox). We haven't heard back yet, but we have plans to move to the US by summer as an immediate family member is ill, and I am wondering if it is possible for us to move to the US during this time and file the CR-1 while in the US and have the interview in the US instead of at the US Embassy in Sweden? 

[Roel 7,191]

You already filed for cr1. You cannot move to the USA before you receive that visa.

 

There are no US embassies within the US so no you cannot have an interview there. 

 

Spouse visa take a about 12 to 14 months to complete. So don't make any solid plans. You just have to wait like everyone else. 

 

If someone is ill in the US then your US spouse can go alone. You cannot move until your process is done. 

Edited February 5, 2018 by Roel

[spacetofu 8]

2 minutes ago, Roel said:

You already filed for cr1. You cannot move to the USA before you receive that visa.

 

There are no US embassies within the US so no you cannot have an interview there. 

 

Spouse visa take a about 12 to 14 months to complete. So don't make any solid plans. You just have to wait like everyone else. 

Hi, I have not filed the CR1 yet, I filed the I-130 and am waiting for it to be approved. 
I know there are no US Embassies in the US... I have heard of people having interviews in the US at various Service Centers? 
 

[Cyberfx1024 7,978]

3 minutes ago, spacetofu said:

Hi, I have not filed the CR1 yet, I filed the I-130 and am waiting for it to be approved. 
I know there are no US Embassies in the US... I have heard of people having interviews in the US at various Service Centers? 
 

Where did you hear this? What you heard is not true in regards to a K1 or CR/IR1 visa. The interview has to be out of the country.

[Mollie09 1,543]

4 minutes ago, spacetofu said:

Hi, I have not filed the CR1 yet, I filed the I-130 and am waiting for it to be approved. 
I know there are no US Embassies in the US... I have heard of people having interviews in the US at various Service Centers? 
 

The I-130 is the petition that gets you the CR-1 visa, so you have filed it.

Interviews in the US are for people adjusting status inside the country, you applied from outside.

[Roel 7,191]

8 minutes ago, spacetofu said:

Hi, I have not filed the CR1 yet, I filed the I-130 and am waiting for it to be approved. 
I know there are no US Embassies in the US... I have heard of people having interviews in the US at various Service Centers? 
 

Oh wow. You really need to read more about cr1 visa. You already filed it. Just wait and don't plan anything. If you'll be lucky you'll have your visa by summer. 

 

People have interview as part of aos which is not part of your process. 

[Khallaf 649]

30 minutes ago, spacetofu said:

Hi, I have not filed the CR1 yet, I filed the I-130 and am waiting for it to be approved. 
I know there are no US Embassies in the US... I have heard of people having interviews in the US at various Service Centers? 
 

sorry to say this but you can't go anywhere until your case is approved, the NVC stage is complete, and you have your visa in your passport, I believe they are finishing up May and are working into June, and possible July cases at Nebraska service center. I would venture to say you have a good 6 months at the very least before your case is 100% completed and you have visa in hand. the entire process can take 12-14 months start to finish.

[pushbrk 12,109]

5 hours ago, spacetofu said:

Hi, I have not filed the CR1 yet, I filed the I-130 and am waiting for it to be approved. 
I know there are no US Embassies in the US... I have heard of people having interviews in the US at various Service Centers? 
 

You have filed a petition.  Nothing stops YOU from moving back to the USA.  Your Swedish spouse is a different matter.  They can "visit" the USA, but since visas are issued for ENTRY into the US, they are only issued OUTSIDE the US.  So, the foreign spouse is not authorized to "move to" the USA, only to "visit" the USA.

[pushbrk 12,109]

4 hours ago, Khallaf said:

sorry to say this but you can't go anywhere until your case is approved, the NVC stage is complete, and you have your visa in your passport, I believe they are finishing up May and are working into June, and possible July cases at Nebraska service center. I would venture to say you have a good 6 months at the very least before your case is 100% completed and you have visa in hand. the entire process can take 12-14 months start to finish.

"YOU" in this case refers to the US Citizen Petitioner, who definitely can move to the USA at any time.

[Khallaf 649]

5 minutes ago, pushbrk said:

"YOU" in this case refers to the US Citizen Petitioner, who definitely can move to the USA at any time.

if you noticed in her first post she didn't say that SHE was the USC I know the USC can move at any time

[pushbrk 12,109]

1 minute ago, Khallaf said:

if you noticed in her first post she didn't say that SHE was the USC I know the USC can move at any time

Then perhaps we don't know whether it is SHE who can move or her husband, so rather than saying YOU, it's best to be clear who can move and who cannot.

[Boiler 43,434]

I assume the OP is the beneficiary and second the need to read up on the process.

[spacetofu 8]

Okay, thanks everyone. Yes I am the American and my husband is Swedish. I have heard some rumors in my community that one can apply for it within the US, though I see it is for those adjusting status. So we will wait. I have read a lot on it though I have run into some conflicting info for some stuff. 

[NikLR 13,220]

It is illegal to visit the usa with the intent to adjust status which is what you are suggesting your husband do.  

He will have to finish the process in Sweden.

Adjustment of status is only applicable to those already within the USA. 

[NikLR 13,220]

15 hours ago, Roel said:

Oh wow. You really need to read more about cr1 visa. You already filed it. Just wait and don't plan anything. If you'll be lucky you'll have your visa by summer. 

 

People have interview as part of aos which is not part of your process. 

Actually no they have not already filed for the CR1.  The USC has only filed the I-130 petition which puts them on the CR1/IR1 path.  The ds-260 is actually the visa application and is not filed for until the NVC stage by the beneficiary. 

However as I mention in an earlier post, i agree that AOS is not currently viable for the OP's path as visiting the USA with the intent to live here and AOS is illegal.  The CBP would deny entry and it would be a very long flight back to Sweden.  

Edited February 6, 2018 by NikLR
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