Filing where married?

[mms 0]

For the IR-1/CR-1, is it necessary to file and interview through the U.S. embassy in the country where the marriage took place? If the beneficiary is the citizen of another country (not where the marriage took place), can the processing be shifted to there?

Thank you!

[Anh map 2,098]

K3 is interviewed where the marriage took place. CR1 is in beneficiaries home country.

[Darnell 8,478]

mms - i'm sorry - i can't follow here, there and ....

but...

say yer lass lives in UAE and is China Citizen, PRC, on a 2 year work contract.

Then ya got married in France.

She can have the I-130 interview in UAE whilst her 2 year work contract is valid.

[mms 0]

K3 is interviewed where the marriage took place. CR1 is in beneficiaries home country.

If this makes a difference, my spouse has been residing in the country where the marriage happened but may have to return to his home country.

[Anh map 2,098]

K3 is interviewed where the marriage took place. CR1 is in beneficiaries home country.

If this makes a difference, my spouse has been residing in the country where the marriage happened but may have to return to his home country.

Ok, now you supply more information. For the CR1 it would be in the country of legal residence, or the home country if they return to the home country. On the I-130 you will indicate their address abroad along with where they apply for the visa. Check out the example form here on VJ: http://www.visajourney.com/examples/INS-Form-I-130.pdf

[What Happened? 4]

K3 is interviewed where the marriage took place. CR1 is in beneficiaries home country.

If this makes a difference, my spouse has been residing in the country where the marriage happened but may have to return to his home country.

Ok, now you supply more information. For the CR1 it would be in the country of legal residence, or the home country if they return to the home country. On the I-130 you will indicate their address abroad along with where they apply for the visa. Check out the example form here on VJ: http://www.visajourney.com/examples/INS-Form-I-130.pdf

I read in the instructions that NVC will send your petition to the country where the marriage took place for an interview for a K3 visa. However if your marriage took place in the US, then the petition is sent to the country of your spouses citizenship for the interview.

For CR1 visas, the petition will be sent to the appropriate consulate depending on your spouses residency status in the country he/she is living in. If the spouse meets the residency requirement they may interview in the country of residence. However I have read instances where individuals were allowed to interview at a consulate in the country where they are currently living but the petition was then sent to the spouses country of citizenship in order for the visa to be issued. I suspect that legal residency status may have been an issue in those instances.

[mms 0]

K3 is interviewed where the marriage took place. CR1 is in beneficiaries home country.

If this makes a difference, my spouse has been residing in the country where the marriage happened but may have to return to his home country.

Ok, now you supply more information. For the CR1 it would be in the country of legal residence, or the home country if they return to the home country. On the I-130 you will indicate their address abroad along with where they apply for the visa. Check out the example form here on VJ: http://www.visajourney.com/examples/INS-Form-I-130.pdf

I read in the instructions that NVC will send your petition to the country where the marriage took place for an interview for a K3 visa. However if your marriage took place in the US, then the petition is sent to the country of your spouses citizenship for the interview.

For CR1 visas, the petition will be sent to the appropriate consulate depending on your spouses residency status in the country he/she is living in. If the spouse meets the residency requirement they may interview in the country of residence. However I have read instances where individuals were allowed to interview at a consulate in the country where they are currently living but the petition was then sent to the spouses country of citizenship in order for the visa to be issued. I suspect that legal residency status may have been an issue in those instances.

Thanks-- that is very useful. I think the concern will come down to residency requirement. My spouse lost his residency card and has petitioned to have it replaced but he has been told his record cannot be located. It has been many years since he first moved there. We are looking at the option of re-applying for the residency (which seems silly as he plans to move to the US), but we also might have to consider having him go back to his country of citizenship (UK) to finish the proceedings from there.

[tHund3r 0]

Please those who have the same experience ---like filing in the country where the marriage took place but the wife has to go back to her home country coz she is not legal to stay in the foreign country...what will happen to the application? Please share those who have experience like this....thanks.

[What Happened? 4]

K3 is interviewed where the marriage took place. CR1 is in beneficiaries home country.

If this makes a difference, my spouse has been residing in the country where the marriage happened but may have to return to his home country.

Ok, now you supply more information. For the CR1 it would be in the country of legal residence, or the home country if they return to the home country. On the I-130 you will indicate their address abroad along with where they apply for the visa. Check out the example form here on VJ: http://www.visajourney.com/examples/INS-Form-I-130.pdf

I read in the instructions that NVC will send your petition to the country where the marriage took place for an interview for a K3 visa. However if your marriage took place in the US, then the petition is sent to the country of your spouses citizenship for the interview.

For CR1 visas, the petition will be sent to the appropriate consulate depending on your spouses residency status in the country he/she is living in. If the spouse meets the residency requirement they may interview in the country of residence. However I have read instances where individuals were allowed to interview at a consulate in the country where they are currently living but the petition was then sent to the spouses country of citizenship in order for the visa to be issued. I suspect that legal residency status may have been an issue in those instances.

Thanks-- that is very useful. I think the concern will come down to residency requirement. My spouse lost his residency card and has petitioned to have it replaced but he has been told his record cannot be located. It has been many years since he first moved there. We are looking at the option of re-applying for the residency (which seems silly as he plans to move to the US), but we also might have to consider having him go back to his country of citizenship (UK) to finish the proceedings from there.

If you reapply for residency in the country he is currently living in, your spouse will need to live there for six months after the legal residency is granted before being allowed to interview there and be granted a visa there.

We were potentially facing the same situation as you are...except in Italy. Fortunately for us my husband will be able to interview and get the visa in Italy.....not Lagos...thank you Lord.

Edited November 16, 2009 by What Happened?

[ao_cons 1]

Check your NVC Case Number. What city/state code is in it? NVC will forward your package to whatever US embassy has jurisdiction over that place.

Make clear where the beneficiary will be at the time of the interview when you file your application. Add it in the cover letter of your I-130. Do it again with NVC. Call them and explain too. Again, check the NVC Case Number. NVC won't take it to a different embassy from what's listed in the case number.

[tHund3r 0]

K3 is interviewed where the marriage took place. CR1 is in beneficiaries home country.

If this makes a difference, my spouse has been residing in the country where the marriage happened but may have to return to his home country.

Ok, now you supply more information. For the CR1 it would be in the country of legal residence, or the home country if they return to the home country. On the I-130 you will indicate their address abroad along with where they apply for the visa. Check out the example form here on VJ: http://www.visajourney.com/examples/INS-Form-I-130.pdf

I read in the instructions that NVC will send your petition to the country where the marriage took place for an interview for a K3 visa. However if your marriage took place in the US, then the petition is sent to the country of your spouses citizenship for the interview.

For CR1 visas, the petition will be sent to the appropriate consulate depending on your spouses residency status in the country he/she is living in. If the spouse meets the residency requirement they may interview in the country of residence. However I have read instances where individuals were allowed to interview at a consulate in the country where they are currently living but the petition was then sent to the spouses country of citizenship in order for the visa to be issued. I suspect that legal residency status may have been an issue in those instances.

Thanks-- that is very useful. I think the concern will come down to residency requirement. My spouse lost his residency card and has petitioned to have it replaced but he has been told his record cannot be located. It has been many years since he first moved there. We are looking at the option of re-applying for the residency (which seems silly as he plans to move to the US), but we also might have to consider having him go back to his country of citizenship (UK) to finish the proceedings from there.

If you reapply for residency in the country he is currently living in, your spouse will need to live there for six months after the legal residency is granted before being allowed to interview there and be granted a visa there.

We were potentially facing the same situation as you are...except in Italy.

I am sorry, but I did not get it. The husband is a USC and the wife is a foreign worker in Canada. The wife has to go back to her home country because she is no longer legal to stay in Canada. What will happen to their CR1 application?