I-130, IR-1/CR-1, Tourist Visa???

[StevenPapadakis 0]

Hello all,

I have a question I have been unable to find the answer to and hope someone can help me, with detailed information.

Ok, here goes:

I'm a dual citizen, 34 years (Greek/American) and have been living in Athens Greece for 6 years now. My wife and I just got married 1 month ago and she is Albanian, 26 years old, and has lived in Greece for 20+ years, and has an Albanian passport with a 10-year permit to live in Greece. Even though she has lived here practically all her life she has no "Greek papers".

We are going to apply for for a IR-1/CR-1 visa with an I-130 application.

Question 1) I was wondering if after we've applied for the I-130 if she can get a tourist visa to come to New York with me. We plan on living there

(I'm moving back to NY and she is coming for the first time.)

Questions 2) Also, would it be better if I am in NY and apply for the I-130 and wait for her paperwork to come thru or should I send it from Greece and stay here with her and wait?

Thank you for your time and help!

[NikLR 13,234]

If you want to spend more time with your wife, I suggest sending the papers from Greece and waiting. However, with that choice comes the lack of support for the I-864 (affidavit of support) so you would need a joint sponsor or assets to finish the process. You may need that anyhow if you move back and don't have a job for a while.

[ValerieA 350]

Since you can Direct Consular File (DCF) in Greece, I would suggest that route - you apply for your CR-1 while both living in Greece. I don't have experience in it, but my understanding is it is the fastest way. I'm sure someone will be along soon that understands it better!

[NikLR 13,234]

Since you can Direct Consular File (DCF) in Greece, I would suggest that route - you apply for your CR-1 while both living in Greece. I don't have experience in it, but my understanding is it is the fastest way. I'm sure someone will be along soon that understands it better!

No that is the fastest!

File DCF in Greece.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4b0bdc89b365d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD

Says right there should be 30-60 days. You'll still need a joint sponsor however who is residing in the USA and meets or exceeds the poverty guidelines on the I-864P

[slvrfx576 15]

Doesn't he also still need to prove intent to reestablish domicile in the US if he stays in Greece and do DCF ?

[NikLR 13,234]

yes but he can look up in his regional forum what's required for that embassy or ask in the DCF forum. Most embassies have XX amount they want to see, some are more strict than others. He'll find his answers in the DCF forum anyhow

[B & G 200]

Before you think about how you can move there, i would advice as other posters have, to first figure out your domicle situation in the US ( where or with whom will you be living with when you first get there) and second, you need to be able to meet certain financial levels before you can apply for I-130, be that from the US or from Greece.

As for a travel visa, first your wife will have to be able to prove sufficent ties to Greece for the US embassy to even consider a tourist visa. Ties can be a job, property owned by her etc.

But since she is married to an American citizen, it will be unlikely they will grant it for the sole reason that they don't want her using her travel visa to migrate to the US, which is what you want it for.

[StevenPapadakis 0]

My cousin in New York is a teacher and her husband a NY Firefighter and show a joint return of over $145,000 and will co-sponsor my wife to come over, so I think I'm good there. We are going to be living at my mothers apartment (which she rents) and I will look for a job as soon as I go back. Here is the thing though. I was told that if I file at the embassy than I won't be allowed to travel until the process is complete. Is this true? I wanted to go back to NY and start to look for work, which is something I can only do by being there. Any suggestions here?

[Ryan H 3,897]

I was told that if I file at the embassy than I won't be allowed to travel until the process is complete. Is this true?

No, that is false.

[B & G 200]

My cousin in New York is a teacher and her husband a NY Firefighter and show a joint return of over $145,000 and will co-sponsor my wife to come over, so I think I'm good there. We are going to be living at my mothers apartment (which she rents) and I will look for a job as soon as I go back. Here is the thing though. I was told that if I file at the embassy than I won't be allowed to travel until the process is complete. Is this true? I wanted to go back to NY and start to look for work, which is something I can only do by being there. Any suggestions here?

You can travel, you just have to be back in Greece to attend your interview at the US embassy when the time comes.

[rudyzn 2]

You can travel, you just have to be back in Greece to attend your interview at the US embassy when the time comes.

I was in the embassy with my wife, for her interview. Never did the Consular Agent ask to see me. I do not believe that the USC must attend interview. Maybe it depends on the embassy (we were in Paris), so ask.

Definitely if DCF is available, it's the way to go. I filed to Chicago Lockbox (mail) and when filed I-864, did so with my FRENCH income. Also sent IRS tax returns with tax exemption because of foreign income status. Did attach letter saying that we had XXX amount of money in X bank account(s), and an available apartment in which we would not pay rent (father in law -owner- lets us stay there until necessary).

Best of luck to you