IR1 Filing at Consulate or Lockbox?

[David and Marina 0]

I (USC) am living outside the US currently with my wife of 3 years and our two sons. (married in the US)

We have no immediate rush (IE, we probably could wait a year, maybe a bit longer) to move back to the US as I have a good job that is secure until at least this December (end).

Our local embassy is in Kingston Jamaica.

Should we file with the Chicago Lockbox as I have a US Domicile (mom's house), or should we file with the embassy in Kingston to have our applications processed quicker?

Please advise, as I am lost on this one.

Also, since we live in a visa waiver country, I understand (from some Canadian answers) that she could travel back to the US while the I-130 is processing. I know there is always a risk she could get turned away, but we have a mortgage here, I am on contract work, we have anything they would want to prove "ties", but I just wanted to ask if it was illegal. It would seem to me (logically) that if we filed an I-130, that shows our intent to do it the legal and proper way, so not to sneak into the country with her, but I know sometimes (although it appears small) people have issues with the POE. We have never had that issue and we have traveled back 4 times a year or so since we moved out of the US.

Thoughts or insights would be MOST helpful! Thank you.

[canadian_wife 1,785]

Honestly, filing directly with the consulate will be faster and less hassle (although you may need a stonger domicile in the US than your mother's house - a job for example. Montreal is really strict on domicile however Kingston may not be) but if you are not looking to move for a year or so, perhaps you can wait.

Yes she can travel on the VWP however, no guarentees that she'll be admitted so you should bring strong ties to your home country when applying for admittance

Good luck

[David and Marina 0]

Honestly, filing directly with the consulate will be faster and less hassle (although you may need a stonger domicile in the US than your mother's house - a job for example. Montreal is really strict on domicile however Kingston may not be) but if you are not looking to move for a year or so, perhaps you can wait.

Yes she can travel on the VWP however, no guarentees that she'll be admitted so you should bring strong ties to your home country when applying for admittance

Good luck

I was thinking it wouldn't be faster, as the consulate would have to process it then send it off to the NVC. As opposed to the other way around. I would think the NVC processed ones would be faster, and it would be a matter of the embassy just receiving it and holding the interview. The domicile thing is tough, as if I am currently working overseas, that is hard to prove, but I may just have a sponsor form sent just in case. The really dumb part about all of this is that we went through AOS in the states, and ONLY the interview was left (they had taken biometrics, etc), and we left two weeks (didn't know it at the time) before the interview. We did send a letter when we left letting them know we were withdrawing it, and the reason, and received a letter back from them as well. It would seem logical if we could just restart it, and update any information, but government doesn't run efficiently like that. That was three years ago, so obviously we stayed married.

Is that the consensus though to file it through the embassy directly?

[pushbrk 12,094]

I was thinking it wouldn't be faster, as the consulate would have to process it then send it off to the NVC. As opposed to the other way around. I would think the NVC processed ones would be faster, and it would be a matter of the embassy just receiving it and holding the interview. The domicile thing is tough, as if I am currently working overseas, that is hard to prove, but I may just have a sponsor form sent just in case. The really dumb part about all of this is that we went through AOS in the states, and ONLY the interview was left (they had taken biometrics, etc), and we left two weeks (didn't know it at the time) before the interview. We did send a letter when we left letting them know we were withdrawing it, and the reason, and received a letter back from them as well. It would seem logical if we could just restart it, and update any information, but government doesn't run efficiently like that. That was three years ago, so obviously we stayed married.

Is that the consensus though to file it through the embassy directly?

NVC doesn't get involved with DCF filings. It's all done in Jamaica. An address, bank account and maybe a driver license is all the domicile you're likely to need. Restarting AOS is not an option because you are outside the USA and would need to commit visa fraud to enter the USA to complete AOS. DCF, IR1 visa is the path. Once you have the visa in hand, she has six months to use it, so plenty of flexibility.

Don't confuse domicile and sponsorship. Sounds like you WILL need a joint sponsor or a new job in the USA. I didn't notice you indicating your wife's citizenship but Jamaica certainly isn't part of the VWP.

Edited April 2, 2010 by pushbrk

[David and Marina 0]

NVC doesn't get involved with DCF filings. It's all done in Jamaica. An address, bank account and maybe a driver license is all the domicile you're likely to need. Restarting AOS is not an option because you are outside the USA and would need to commit visa fraud to enter the USA to complete AOS. DCF, IR1 visa is the path. Once you have the visa in hand, she has six months to use it, so plenty of flexibility.

Don't confuse domicile and sponsorship. Sounds like you WILL need a joint sponsor or a new job in the USA. I didn't notice you indicating your wife's citizenship but Jamaica certainly isn't part of the VWP.

No I was just saying it is too bad the US is not that efficient, hence why we are going the IR1 route. We live in the Cayman Islands, she is not from Jamaica.

The embassy in Jamaica doesn't do DCF filings though, so that won't be better. They did however state they receive I-130 forms, so I was thinking it might be easier to send it to the Chicago Lockbox to be faster, which I still am not sure of at this point.

Not sure if the domicile thing will be an issue, as we have enough money in our savings account to suffice, and the money I am making here should show that I can support her fine without having anything in the States at this time (as I am on contract here).

Does Jamaica do DCF, as I was told (by them) they do not?

[sachinky 464]

Domicile is NOT the same thing as sponsorship.

If you qualify for DCF, go for it!