Ethiopian Wife in UAE working while waiting

[Together And Afar 0]

Hello and thanks to all in this website, supporting eachother and helping eachother while themselves.

I am United States citizen, my wife is Ethiopian. Our relationship is 2 years old, our age now is (me) 23, and 22 (she), age difference about 9 months. 1 week ago we married in Ethiopia. I returned to US 3 days ago, and 2 days ago she returned to UAE for work.

I will be starting the process as soon as possible.

My question is...

1...My Ethiopian wife is now in United Arab Emirates working with working visa, while waiting for process. Can she interview and required documents with the US embassy/consulate in UAE, or does she need to return back to Ethiopia?

2...K-3 or CR-1 best option for us?

Edited July 11, 2011 by Together And Afar

[Darnell 8,478]

CR-1.

IF she is in UAE, legally, around the interview time, then she can interview in UAE.

This will pre-suppose that she's gonna be there at least 9 months from today, if you file the I-130 this week.

There's additional steps you two must do for NVC processing and intake, as well, prior to interview appointment setting.

[fazmo 24]

Unfortunately, a visa interview based on marriage must take place in the consulate where the marriage was registered. She will be required to attend the interview at the Addis Ababa consulate.

CR-1 is the better option for you.

Edited July 16, 2011 by fazmo

[Ryan H 3,790]

Unfortunately, a visa interview based on marriage must take place in the consulate where the marriage was registered. She will be required to attend the interview at the Addis Ababa consulate.

Incorrect, if a beneficiary is a legal resident of a country at the time of a visa interview, they can interview in that country, they do not need to return home.

OP: as Darnell already told you, if your wife is a legal UAE resident at interview time, she can interview in Abu Dhabi.

To answer your other question, CR-1 is the best option.

[fazmo 24]

Incorrect, if a beneficiary is a legal resident of a country at the time of a visa interview, they can interview in that country, they do not need to return home.

OP: as Darnell already told you, if your wife is a legal UAE resident at interview time, she can interview in Abu Dhabi.

To answer your other question, CR-1 is the best option.

Try that and you will see it is correct. May be a direct quote from the state department's website will convince you.

"It should be noted that under U.S. immigration law, a foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place."

link: http://travel.state.gov/visa/immigrants/types/types_2993.html

I have seen a dozen people (Some I know personally) who had residency in other countries but were ordered to have their interview in the Addis Ababa consulate simply because their marriage was registered in Ethiopia.

Please check your facts first. If the visa is sought on basis other than marriage, then yes, the applicant can apply at the consulate of his/her residence (not necessarily the home country). Your advise may cost someone tons of time. But I understand the confusion.

[Darnell 8,478]

Thankfully, the K-3 visa process is NOT the path these two are on - is different process, altogether.

Thanks for the link, though.

I stand by my original statement.

[Ryan H 3,790]

The link you posted deals with K3. In this State Department link, Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1), nowhere is that requirement stated. I quoted a key section of the link below:

Visa Interview

Once the NVC determines the file is complete with all the required documents, they schedule the applicant’s interview appointment. NVC then sends the file, containing the applicant’s petition and the documents listed above, to the U.S. embassy or consulate where the applicant will be interviewed for a visa.

I stand by what I said earlier.

[Darnell 8,478]

Let me add one more thing.

When yer filling out the I-130, be certain that you are CLEAR for her domicile country, differentiate between NATIONAL ORIGIN/Country of Passport Issuance vs LEGAL RESIDENCE IN UAE.

This will probably mean yer writing in RED INK somewhere on the form, plus putting out a letter of attestation for her LEGAL RESIDENCE in UAE, requesting interview in UAE in same letter of attestation as well as in the general cover letter that yer including with the I-130.

Edited July 16, 2011 by Darnell