Necessary to be in US to apply for CR-1 visa??

[BecKal 0]

Hi VisaJourney friends!

I'm so grateful for this site! It's been so very helpful. But I have a question I just can't seem to find the answer to - or possibly not sure where to look.

I am a US citizen, and in March I married my Indian husband. We are currently in India, ready to begin the long process of getting his visa to the US. We were told recently that because I am only here on a tourist visa I cannot apply for him from India, but must return to the States to do this. This was heartbreaking news for us, since we have already spent so much of our time together - apart. My job allows me to remain in India (I can change my visa to an X visa to stay longer than 6 months), so can someone tell me: is it possible for me to remain in India while we go through this process? My mom in the States is willing to act as a cosponsor - submitting the necessary paperwork from that end. Will that work or is it necessary to leave my Love and return to the States?

Also, would someone know: While going through the CR1 process, is it necessary for him to remain in India during that time? Or could he travel abroad? I heard with the K3 it's necessary to remain in India, but not sure if this is also true of the CR1.

Please advise!

Many thanks!

[together4evr 360]

Congrats on your marriage

You should stay in India for 6 months and file from India

I do not know if India still has DCF available=direct consular filing.

But either way file at 6 months after marriage and living together.

Get your landlord to sign a paper stating you live together

Only us Indian address on your I-130 forms so that way if there is no DCF your file will get approved in 30 days or less

Get a copy of your resident card or whatever it is so they know you are really in India for 6 months

You do not have to come to the USA to file no matter what

Do not use american address for anything. Your mom can send your papers but no need cause you can send them all to our government from India

Good Luck

[BecKal 0]

Thanks, togethertorever13, for the super fast reply!

DCF is still available here in India, but I'm not sure about my ability to do it, simply because my husband and I are involved in nonprofit work, which keeps us on the move and also keeps us from having the proper information needed for that kind of thing - such as a joint lease, utilities, bills, etc. We could possibly submit his parents' address. To get my PIO (Person of Indian Origin) status - for foreign spouses - takes over a year in India, whereas when I do it in the States, it's a matter of weeks.

What's the importance of not using an American address? Simply to show I live here at the time? Or if I submit from here to the US, I would need to use a US address, correct? Sorry for all the questions. I have so many and it's hard to find someone with some answers!!!

Is it necessary to wait the 6 months and then file DCF, or could we begin the process immediately? (We're holding out highest hopes of getting to the States by Christmas! It's a lofty goal, but something worth shooting for.)

Thanks again!

[Penguin_ie 6,002]

You should stay in India for 6 months and file from India

I do not know if India still has DCF available=direct consular filing.

She is saying she cannot do that because she is not resident in India, just a tourist.

But yes, you can still file from abroad, you just need to send it to the Chicago Lockbox. YOu can file immediately that way- for DCF you would need to wait the 6 months, and then as you mention you probably would be denied as you are not legally resident in India. I doubt you'l make it to the USA for Christmas though, that is only 8 months away. Not impossible, but unlikely.

It is not necessary for you to move, your mom acting as a co-sponsor is fine.

Your husband can travel (forget the K3 btw, it is an obsolete visa), but he should have someone check his mail regularly in case he gets documents from the embassy.

[BecKal 0]

ah, that helps even more. Thank you!

is there a reason we should send it to Chicago specifically? I, too, am an Arkansas resident, so I figured I'd need to go through Dallas.

It seems like you understand our situation pretty well, and that's much appreciated! I hate to hear that 8 months isn't long enough, but I understand that's the reality of it. There's no way to make this a fast process.

[Matt & Rocio 28]

ah, that helps even more. Thank you!

is there a reason we should send it to Chicago specifically? I, too, am an Arkansas resident, so I figured I'd need to go through Dallas.

It seems like you understand our situation pretty well, and that's much appreciated! I hate to hear that 8 months isn't long enough, but I understand that's the reality of it. There's no way to make this a fast process.

DCF is no longer offered in most countries as of August 2011, but even if it were offered in your area you would have to be a legal resident for a minimum of 6 months to qualify. But, there is good news! Since the elimination of DCF there has been a trend where overseas filers are placed into a special queue where the I-130 petition is adjudicated in weeks rather than months. There is a thread that discusses this and the possible triggers for getting in this expedited queue:

http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/

All overseas petitions should be sent to the Chicago Lockbox. From there your petition will be routed to either California or Vermont.

I haven't read through that entire thread, but it appears the key is to list your current foreign address as both your (petitioner) and your spouse (beneficiary) address. You can prepare all the documents and send them to your relative in the US. When your relative submits the petition they will need to include a check for the filing fee that is drawn from a US bank.

Good luck on your journey!

[pushbrk 14,128]

All overseas petitions should be sent to the Chicago Lockbox. From there your petition will be routed to either California or Vermont.

I haven't read through that entire thread, but it appears the key is to list your current foreign address as both your (petitioner) and your spouse (beneficiary) address. You can prepare all the documents and send them to your relative in the US. When your relative submits the petition they will need to include a check for the filing fee that is drawn from a US bank.

Good luck on your journey!

Both statements above are incorrect. Read the latest I-130 instructions for where to mail the petition. They don't all go to Chicago first anymore.

The petitioner is a visitor, not a resident of India. Immigration forms ask for residence addresses. Us a US address as the petitioner's address.