CR1 Visa Question

[nebodihome 0]

Situation: I am a citizen of the U.S., plan to marry my fiancee in her country A, and I plan to work and live in a country B for the next 2-3 years, after which we will move to the U.S.

My idea:

1. We marry in her country A.

2. I move to B, where I start work.

3. I maintain residence in the U.S. while working in country B, maintain bank account, make trips to U.S., etc.

4. I petition for the CR-1 by submitting the I-129 in Chicago.

5. She interview in her country A, receives Visa.

6. I fly back to the U.S. and then she enters the U.S. on her Visa.

7. We go back to live in country B and then move back to the U.S. after the completion of my assignment.

My assumptions:

1. Even though I will have income in country B, this is okay since my mother can sponsor.

2. Even though I will be temporarily living in B, I can show that I have a residence in the U.S., so it should not be a problem to do all this even though I'm working abroad.

3. Once she comes into the U.S. on a CR-1, she can exit the country and enter freely again later, unlike on a K1.

Can this all work? Originally, the idea was to wait until I go back to work in the U.S., but if I can maintain residence and my mother can sponsor my fiance, I don't see why I can't do my plan? After all, just because I have an assignment abroad doesn't mean I am not an engaged U.S. citizen...

Edited January 10, 2012 by nebodihome

[VisaJourney2011 14]

Wow very secretive code name for: Country A, B...

okay anyways...lets move on.

If you marry, then you have to file CR1 which is I-130, which is for your spouse.

I-129F is for K1 Fiancee, i think you got mixed up there.

Once you submit your I-130, you have have to file several other documents. It is also good idea to have your Home US address where they will mail any issues with your applications (ex: RFE(request for more evidence, or any missing documents etc...)

So it is good idea if you have someone who will mail all these documents from US to the USCIS and then to NVC.

Overall, your plan is a very Grand plan so just be prepared for any unforeseen issues.

Best wishes

Edited January 10, 2012 by VisaJourney2011

[nebodihome 0]

Country A is Colombia, Country B is Rwanda or Kenya

Thank you for the well wishes. I know it's not easy to pull off, and of course I will have a relative helping me with all the documents in the U.S., but overall I just wanted to make sure my plan does not do something where it's obvious that U.S. officials will not let it go through. For example, they will say to her, "Your spouse is currently in Rwanda? You're crazy! Wait until he is in the U.S., get outta here!"

Wow very secretive code name for: Country A, B...

okay anyways...lets move on.

If you marry, then you have to file CR1 which is I-130, which is for your spouse.

I-129F is for K1 Fiancee, i think you got mixed up there.

Once you submit your I-130, you have have to file several other documents. It is also good idea to have US address where they will mail any issues with your applications (ex: RFE(request for more evidence, or any missing documents etc...)

So it is good idea if you have someone who will mail all these documents from US to the USCIS and then to NVC.

Overall, your plan is a very Grand plan so just be prepared for any unforeseen issues.

Best wishes

[Deputy Purple 1,294]

Moved from "K-3 Spouse Visa Process & Procedures" as the OP is clearly asking about CR-1 process.

[Darnell 8,478]

item 4 - you really meant I-130, not I-129F. Pursuing a K-1 or a K-3 is silly, given your parameters. You want to pursue a CR-1 visa.

[nebodihome 0]

My only real concern would be whether my then-wife would be allowed to re-enter as it would probably be considered suspicious that she left the U.S. for 2 years after becoming a legal permanent resident. I just read this: http://www.avvo.com/legal-guides/ugc/maintaining-lawful-permanent-residency-while-traveling-abroad

Does anyone have input on this? If my U.S. company sponsors my then-wife's visa abroad, which it would, would that be good enough evidence to the DHS that she has definite intent to return? Since she is married to a U.S. citizen and is being sponsored by his company abroad?

item 4 - you really meant I-130, not I-129F. Pursuing a K-1 or a K-3 is silly, given your parameters. You want to pursue a CR-1 visa.

Yes, you are correct. I meant I-130. By the way, I was waiting for you to appear!!! Do you have input with regards to how likely it would be that my then-wife would even be allowed to enter the U.S. again after leaving for 2 years? Is it enough to document that she is living with her U.S. citizen husband who has an assignment abroad?

[Darnell 8,478]

Item 7 - sorry, not have clue for your intended duration. Now you are mentioning 2 years.

Just remember a few bits, aye? Add these into yer equation:

1. after visa issuance, have 6 months (usually) to enter into the USA

2. a good pattern 'to return' to USA whilst living abroad with you, seems to be every 4 months - return to USA for 2 to 3 weeks, then back to your Country B.

3. remember, it can take up to a year to have the visa interview date set - if you wish to make it longer than that - delay sending things into NVC, but do keep in touch with them - you have up to 1 year to submit all into NVC. So,

get married in country A, the two of you live in Country B for a year.

File the I-130, take 2 to 7 months on approval then

delay your documenent intake at NVC to span a year from start to finish

then

ask for a later interview date when the casefile is at NVC.

you can stretch things, you betcha - but there are some hard dates/durations that you must factor, or refactor into yer timeline for your plan. You could actually have the last thing to do, for the two of you to come into the USA together, activating the IR-1 visa, 2 or 3 years after you marry - no need to rush to file with USCIS, no need to rush paperwork at NVC.

Good Luck !

[nebodihome 0]

Item 7 - sorry, not have clue for your intended duration. Now you are mentioning 2 years.

Just remember a few bits, aye? Add these into yer equation:

1. after visa issuance, have 6 months (usually) to enter into the USA

2. a good pattern 'to return' to USA whilst living abroad with you, seems to be every 4 months - return to USA for 2 to 3 weeks, then back to your Country B.

3. remember, it can take up to a year to have the visa interview date set - if you wish to make it longer than that - delay sending things into NVC, but do keep in touch with them - you have up to 1 year to submit all into NVC. So,

get married in country A, the two of you live in Country B for a year.

File the I-130, take 2 to 7 months on approval then

delay your documenent intake at NVC to span a year from start to finish

then

ask for a later interview date when the casefile is at NVC.

you can stretch things, you betcha - but there are some hard dates/durations that you must factor, or refactor into yer timeline for your plan. You could actually have the last thing to do, for the two of you to come into the USA together, activating the IR-1 visa, 2 or 3 years after you marry - no need to rush to file with USCIS, no need to rush paperwork at NVC.

Good Luck !

Okay, thank you for the excellent advice. The truth is that there is no set date on my assignment. I could make it 1 year or I could stretch it to my entire lifetime if I really wanted to, most likely. In the end, I just want the two of us to be able to live together and for her to be able to come to the U.S. when I do.

Once I come back to the U.S., I would also likely transfer to a different company at that time, therefore I doubt that at any point in time I will be able to say, "Exactly one year from now, I will be back in the U.S."

I think the best thing to do is, as you said, marry in A and live in B, and then when I start looking for a job in the U.S. again, I could forward everything to the NVC. Then, they would set an interview in say 2-7 months, and she would have another 6 months to enter the U.S. on the Visa. This would then give me 8-13 months span, from the day I start looking for work back in the U.S., to move into the U.S. In this situation, I basically am guaranteed to move back at the same time with her, or move before she is approved but the wait would only probably be 3-4 months.

Thanks!

[Deputy Purple 1,294]

DCF is an option for many countries...

[nebodihome 0]

DCF is an option for many countries...

You're right. Although I doubt Rwanda is one of them, but even if it was, filing is not my main issue. Having it accepted as a valid application that leads to a successful interview is the main concern!

[Ryan H 3,796]

DCF is an option for many countries...

You're right. Although I doubt Rwanda is one of them, but even if it was, filing is not my main issue. Having it accepted as a valid application that leads to a successful interview is the main concern!

DCF is only an option if a country is on this list of USCIS International Offices (aka field offices).

[mrs.jayb 0]

Don't you have to have residency in the US to petition for a fiancee or spouse visa? I thought that's why they were asking for all of the residency proof. I could be mistaken.

[Deputy Purple 1,294]

Don't you have to have residency in the US to petition for a fiancee or spouse visa? I thought that's why they were asking for all of the residency proof. I could be mistaken.

If you're not currently residing in the US then you need to prove that you will re-establish residency either before or at the same time the beneficiary will travel to the US.

[Darnell 8,478]

Don't you have to have residency in the US to petition for a fiancee or spouse visa? I thought that's why they were asking for all of the residency proof. I could be mistaken.

to file? no.

on interview day? yes.

For many, there's anywhere from 30 to 900 days inbetween these two timeticks.

[nebodihome 0]

If you're not currently residing in the US then you need to prove that you will re-establish residency either before or at the same time the beneficiary will travel to the US.

But can't I maintain residency in the U.S. even while working abroad? I could rent an apartment in my name, travel back every 4 months, and have a U.S. bank account. Is that not enough to maintain residency, even if I'm working abroad?