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ruderc2

Just married in USA, should we file in US or Ecuador?

By ruderc2 in IR-1 / CR-1 Spouse Visa Process & Procedures

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ruderc2 Newbie

ruderc2   0

Posted
Filed: F-1 Visa Country: Ecuador
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Posted

Hello VJ's, here's the sitch I'd love some advice on:

I just married my Ecuadorian wife here in the states (this weekend!!!). She was here on an F1 Visa, and we want to return together to Ecuador this July.

We are worried that the process for applying for AOS i-485 along with the i-130 will be too slow and we will have to stay in the states longer than we want in order to attend our interview.

Can we instead file the i-130 for a CR-1 and hope to attend the interview in Ecuador? Is it possible to start all the paperwork now even though she is actually in the USA and will remain here until July?

Thank you thank you thank you!!!

Chris (and Susana)

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SabrinaFrance Enthusiast

SabrinaFrance   8

Posted
Filed: AOS (pnd) Country: France
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Posted

Congratulations! Are you going to Ecuador just for vacation or are you planning on living there for a little while?

If you are planning on living in the US, as she entered the country on a F1 visa the easiest would be for her to adjust status from within the US, so no waiting time apart, and no need for an interview in Ecuador. I am not sure if she will be allowed to travel abroad during the process.

If she returns to Ecuador without adjusting status and after her F1 runs out my understanding is that she will have to apply for a spouse visa, this is a several months process.

If you are planning on living in Ecuador for a while then you are the one who should look into visas to live there :)

Good luck.

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ruderc2 Newbie

ruderc2   0

Posted
Filed: F-1 Visa Country: Ecuador
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Posted

Thanks for the quick response! We are going to Ecuador to "try it out" so the plan is to live there short term...maybe long term too. We looked into adjusting her status from F1 to green card, but we would hate to spend the extra $2000 to fly to the US just for our interview day if that gets scheduled after July (assuming we were given Advanced Parole because her F1 visa anyways expires july 31 2012).

...If we apply now for CR-1 to be processed in Ecuador and face a longer waiting time, I think that would be okay since we don't hope to return to the US until Christmas time...hopefully by then we would have our interview in Ecuador!

Wouldn't we also save the steep i-485 application fee?

Any thoughts?

Thanks again!

p.s. i attached a photo since I'm pretty excited, the wedding was just last weekend!

post-123740-0-25601900-1328716209_thumb.jpg

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TBoneTX Grand Master

TBoneTX   43,550

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted (edited)

Amigo, if you can avoid an interview in Ecuador, do everything in your power to avoid it.

If no one on VisaJourney ever listens to another thing I say, you please hear me now.

http://www.visajourney.com/forums/topic/110313-us-consulate-in-guayaquil-ecuador/

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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pushbrk Grand Master

pushbrk   12,302

Posted
Filed: Other Country: China
 Timeline
Posted

Hello VJ's, here's the sitch I'd love some advice on:

I just married my Ecuadorian wife here in the states (this weekend!!!). She was here on an F1 Visa, and we want to return together to Ecuador this July.

We are worried that the process for applying for AOS i-485 along with the i-130 will be too slow and we will have to stay in the states longer than we want in order to attend our interview.

Can we instead file the i-130 for a CR-1 and hope to attend the interview in Ecuador? Is it possible to start all the paperwork now even though she is actually in the USA and will remain here until July?

Thank you thank you thank you!!!

Chris (and Susana)

Apply immediately to adjust her status. It won't take until July unless your are insanely unlucky. Even if it does, since her case is pending, it won't matter if her visa expires while waiting. Avoid a visa interview in Ecuador at all costs. If you're going to Ecuador to try it out, make sure she maintains her permanent resident status until you're certain you want to live their permanently. Just Google, "maintaining permanent resident status USA".

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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ruderc2 Newbie

ruderc2   0

Posted
Filed: F-1 Visa Country: Ecuador
 Timeline
  • Author
Posted

Thanks for the advice...it's really that bad, huh? I guess I will get back on the job to complete the I-485 then!

Thanks for the replies...they are tough decisions, especially when we're still learning about the different options out there.

Amigo, if you can avoid an interview in Ecuador, do everything in your power to avoid it.

If no one on VisaJourney ever listens to another thing I say, you please hear me now.

http://www.visajourney.com/forums/topic/110313-us-consulate-in-guayaquil-ecuador/

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TBoneTX Grand Master

TBoneTX   43,550

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted
it's really that bad, huh?
That's an understatement, si man.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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