Spouse visa hopelessness

[sevansup 0]

My wife and I had the wrong information. We were under the impression that it would only take around 8 weeks to process her visa so that she could return to America with me. We were going to go the K3 route, but from what I'm reading here, the CR-1 is the only viable option now because the K3 takes so long to process (am I right?). We are very depressed that we found out today that these CR-1 visas take anywhere from 6-11 months to process. Is this true?

I am American and she is Slovak. We were married in January this year and I'm leaving in June. I have been living in Slovakia with her, but once I leave I won't be able to return because I need to finish my school in the USA.

Can someone tell me if I've got the correct info?

1. We need to file the I-130 form first, which takes many months to process

2. Once that has finished processing, we take care of the rest at the US Embassy in Slovakia and then she gets to come to America.

Sounds correct or am I way off?

Some main things we are worried about:

Will she be able to visit me while the CR-1 is processing? She already has an approved ESTA because she was in the USA in November 2012. I just want to know if and how I will be able to see my wife during the supposed 6-11 month processing time the CR-1 can take. If I have the wrong info, please let me know, and if there is a quicker way to get her to the USA with me, please let me know if you know of a way..thank you.

Spencer

[Penguin_ie 6,001]

The confusion may come from in some countries, you can file directly with the local US embassy if the US citizen lives abroad for more than 6 months, this process is called DCF and it can take as little as 6-8 weeks, though that is rare- DCF is not an option for you. Yes. CR-1 via the Chicago lockbox is your only viable option (the K3 takes as long as the CR-1, and is usually not possible as they close that process at NVC stage). It takes 8+ months, currently about a year is being realistic.

Check our Guide for what documents you need when: http://www.visajourney.com/content/i130guide1

Yes, she can visit with her ESTA/ visa waiver. She needs to be careful never to overstay her 90 days.

[Merrytooth 5,748]

Yah, make sure she brings enough evidences of ties to her home country (e.g. employment letter, housing mortage/rental.. etc, proof that she will leave US and not intend to immigrate) during visiting.

CBP might questions her intention of visiting since she has a US citizen husband.

[aaron2020 11,652]

Yes it true, the CR-1 route is 6-12 months.

There is no quicker way legally.

Your wife can visit. She'll need proof that she has strong ties to her country.

[speedwell 224]

Spencer, the marriage visa is your best bet, speed-wise. I sympathize completely because when my husband and I started, we guessed that he'd have his visa in not more than 3 months!

Even work, talent, or entrepreneurship visas have similar or worse waiting times right now. If your wife works for a large international company headquartered in the US that has special arrangements with US immigration, and they need her in the US, then that can occasionally be a bit quicker, but not usually. That said, there's nothing preventing her from applying for any other visa for which she may qualify, but if the other visa is a nonimmigrant visa, it may be denied because she has immigrant intent (based on you being in the marriage visa process).

However, your wife can visit you in the US if she has a visitor visa or qualifies for the Visa Waiver Program, and if she is prepared to show ties to her home country that will require her to return at the end of her trip, such as a note of leave of absence from her job, or property that she owns, or family responsibilities she must return to. My husband visited me over the winter holidays. It's hard to be apart, but the hardest part of the process is usually the first part (waiting to prove you have a bona fide relationship). There are lots of threads on this. Search the forum and see what other people have advised and what's worked for them.

Do not fall in the trap of intending to bring her over and then adjust status while on her visit. That loophole is only for people who can prove positively that the foreign national did not have immigrant intent upon entering the US. If Immigration thinks you have done this without sufficient justification, the foreign national can be slapped with a fraud ban that could last a lifetime. I keep saying this and people keep saying they heard their boss's gardener's little brother's wife got in that way, but chances are they are trying to cover for an illegal immigrant. Please do things legally. I wish you the best of luck.

Edited May 17, 2013 by speedwell