Exactly how long does the entire CR-1 process take?

[angelaanne 0]

First of all, this site is amazing. I am extremely new to this process and while I have read a lot, my eyeballs are falling out with confusion. Here is my situation and question. A straight answer, if anyone has one, would be fabulous! I have read so many different things (and maybe THAT is my answer) but I would just like to hear from someone who knows.

Okay. I live in Banos, Ecuador with my fiancé. Our "plan" right now is to get married as soon as possible here in Ecuador and then apply for a CR-1 visa to the US, as I am a US citizen. (I am STILL waiting on one more piece of paperwork.) Now, we recently found out that I am pregnant (about 6 weeks along) and my question is this: Because I want to be able to have our child in the US and I ALSO want to be able to bring him to the US as soon as I can, so that he can be there for the birth... is the CR-1 the best way to go? Actually, my real question is: Can anyone tell me exactly how long their CR-1 process in Ecuador took? From the very first filing to a successful interview.

A very close friend of mine had her fiancé approved for their K-1visa last week and it took them 6 months for the whole thing. I have read 4 months for a CR-1 visa and I have also read 8 months. I also know you are at the mercy of the offices and their workload. I also see there are estimation charts, but being so new to the process, I don't really understand them. I see links for wait times to the website for the Guayaquil office... but it tells me nothing once I get there. (Unless I am a complete imbecile and can't figure it out!) I also have read that the petitioner (me) really needs to be present at the interview for the visa recipient (him) and at a certain point, I will not be able to fly back and forth... you know, third trimester and all.

Therefore, any advice is appreciated! Is the CR-1 the best way to go? Should we instead apply for a K-1 and hope it goes as quickly as my friends? Would that be faster? However, is it more "secure" to get married here? I'd hate to go through all this and he doesn't get approved and I'm trapped in the US all alone with our twins (yes! twins!) and without him! I know denial is always a risk, but I'd like to take as much of the risk out of it as possible. We have been together for 14 months now, engaged since Feb. 2013 and I have been here in Ecuador, living with him, for roughly 9 of those months.

Once again, thank you to everyone who can and will answer or help me with their experiences. I will be sure to document my journey well, in order to help others who follow!

[fantonledzepp 159]

Welcome. First and foremost, Guayaquil is a hell hole of a consulate, you have to be prepared for everything. Make sure you front-load your petition, meaning sending information that USCIS won't care about, but the consulate will, such as pictures of yourselves. But the information will change drastically depending on the type of visa you are seeking. Since you will be tending to twins, your best bet is to go for the spousal visa. Your husband will be able to work as soon as he arrives in the US and that is important since you probably will not be able to right away, unless you are wealthy, that is.

If you go for the spousal visa, which is optimal, you'll have to send proof of co-mingling of finances, such as bank accounts, credit cards, insurance, etc. Also, proof of co-habitability, such as a lease or mortgage, utilities with both your names. You know, things that show that you two have a genuine relationship. Sorry, but the COs in GYE suspect that everybody that is applying is a fraud and it's up to you to prove them wrong.

Now, in terms of lengh, my fiancée's K1 journey was 7 months, from the time the petition was sent to Port of Entry. The spousal is a little bit longer, maybe 10-12 months, but my wife couldn't work when she arrived and had to wait 10 months for her green card, so it is better and cheaper than a K1.

Do you have a co-sponsor here in the US? Or will you do everything with assets?

[Mark88 184]

There is no gurantee or good estimate anyone can give you, since as you mentioned yourself, it will depend on the CO's and their workload. I had friends complete their CR-1 in just 6 weeks. I have heard many cases where it took sometimes over 2 years. The most will probaly need somtime between 6-12 Months. I don't think that as a general rule K-1's will go faster then IR/CR-1's.

Your best bet is to get married, and do DCF if it's offered at the embassy/consulate you're filing at. The friends who got their CR-1 in just 6 weeks made an Infopass appointment in Frankfurt and actually went through all the documents with a CO on the spot. This speeds up the process substantially. As mentioned, not all embassies offer Infopass appointments though.

[angelaanne 0]

Firstly! Thank you so much already for the responses! At "fantonledzepp" thank you for the info on front loading. I helped my friend's fiancé with his K-1 paperwork and saw the VERY detailed packed and subsequent folder she set him up with and I think that may be why he was approved so quickly. In his recent interview, he was only asked 4 very simple questions and then granted a visa!

In response to your query. No, I am/we are not wealthy. Quite the opposite! I believe I will use my mother as a co-sponsor as my last three year of tax returns will show us above poverty level, however, I believe it will look better to have more "backup." Because I have been living here with him most of this year, my current finances don't look so hot. As you can imagine. What say you?

In regards to co mingling of finances and living arrangements... yes we have been jointly paying for things, as well as living together... But, as you may be aware, here in Banos... there aren't any "bills." We do not have a bank account, nor anything in our joint name. I have read that letters (authorized by a third party and notary) from our landlord, etc... might work for proof of ongoing relationship. We also have a baby in my belly. So perhaps supporting documents for that as well?

And you are very right, being able to work immediately is important for all of us. It will help me adjust to the US and I won't be able to and the babes wil probably want to eat. So CR-1 it is!

At "mark88," I'm so sorry, what is a DCF? I will search the consulate's website and see if I can figure it out. But yes, GYE is a hellhole consulate and I imagine they don't offer anything "extra."

Thank you everyone!

[Mark88 184]

DCF = Direct Consular Filing. This means your petion isn't processed in the US, instead direct in the consulate near you. This can have major time advantages.

[fantonledzepp 159]

No problem, glad to be able to help. Regarding your tax returns, if they are above the poverty level you won't need your mother's tax returns. Have them ready, should you need a co-sponsor, but they shouldn't be necessary. Remember they have to be 125% above the poverty line for a household of two, and should your babes be born before your interview! then you'll have to make sure that you income is enough for 4 people. I am unable to provide you with those numbers, but a quick search will reveal the answers.

Regarding affidavits from people attesting to your relationship, sure, they work. I believe the one that will carry the most weight is the one from your landlord. If you can get some receipts for utilities while you wait for the petition to be approved and bring them with you to the interview, you'll be in much better shape.

DCF = Direct Consular Filing, or something of the like. It makes the process a lot faster for married couples. And it is not offered in Guayaquil.

[angelaanne 0]

Go it on the DCF. Total shame it is not offered in Guayaquil... but you know, of course!

I will talk to our landlord about getting receipts for utilities. However, we don't pay the utilities, it is included in the rent... is that still okay? Should I still get the receipts? (Our landlord is also my fiancé's boss.) We've had two different landlords here and I will get letters from both. I am not able to open a bank account because I am not a "resident" yet. Isn't this correct? If I am wrong, we can surely do that as an added measure! Perhaps after we get married we can open one together and we can both put money in there for visa purposes?

To apply for the CR-1 visa I do not need to have lived here for any amount of time after getting married... before I can apply, correct? In theory, we could get married and I could send off our packet/ paperwork the very next day? Of course, it won't happen that way, but theoretically?

Thank you for the reminder on needing income for 4, should the interview be after the birthdate! Had not even thought about that! Ah!

[NikLR 13,227]

Yes you can send everything off as soon as you have the marriage certificate. Read the guides very carefullly about what is required. There are also wiki guides which can be helpful - EZGuideSpouse and How to bring my spouse to the USA? Some of the information is a little outdated because of some brand new changes that have been implemented, but the basic information is the same. The EZ guide has some good tips for bona fide marriage information.

As you are both abroad you'll have to deal with domicile issues and sponsorship issues. With domicile you need, as the USC, to prove to the consulate you are doing everything possible to re-establish your domicile in the USA. Meaning you need to try to get what they require to prove you're really moving back and have a place for your spouse to live. With sponsorship there are some minimum poverty guidelines that are required. You can help with assets, but in the end you may likely will need a joint sponsor; someone who is willing to sign the I-864 for your spouse. I would read that form from the USCIS website and familiarize yourself with it.

[angelaanne 0]

I am not sure if this is the appropriate place to ask another question? Should I start a new thread? I am 7 years older than my fiancé... is that a red flag to GYE?

[Ryan H 3,813]

I am not sure if this is the appropriate place to ask another question? Should I start a new thread? I am 7 years older than my fiancé... is that a red flag to GYE?

*In the interest of keeping information all in one place, continue to use this thread for any follow on question you may have.*

[Mark88 184]

I am not sure if this is the appropriate place to ask another question? Should I start a new thread? I am 7 years older than my fiancé... is that a red flag to GYE?

Unless he's under 18 you shouldn't have problem.

[angelaanne 0]

nope! he sure isn't! thanks very much!

[Mark88 184]

nope! he sure isn't! thanks very much!

You're welcome

[angelaanne 0]

Okay! Another question!

Will I need a DNA paternity test to prove the beneficiary (my husband) is actually the father? And if the USCIS doesn't require this, is it still wise to get one?

Sadly, after reading other cases, (from other countries) it looks like USCIS doesn't give much consideration to children or unborn children or families needing to be together or wives needing their husbands to help and support them. So that's nice. I couldn't find any Ecuador specific related queries or stories regarding pregnant petitioners or prenatal DNA testing.

Also, related to this topic. Since I have been living in Ecuador, I no longer have insurance or a job in the US. Upon my return to the US, I will get a job as soon as possible (shouldn't be a problem) but I will also have to apply for my state's government program to help with the medical expenses of pregnancy. Will this look bad for the visa? That I am using government funded assistance? (Ha, ha, the sooner they can get my husband to the US to help me, the sooner I can off of it!) When they run background checks, will this show up? Do they care?

Thanks in advance!

[fantonledzepp 159]

I'm going to advise you to have your twins in Ecuador. It's a lot cheaper. Also, you can be present at the interview with your future husband. That way you avoid the whole government benefits thing. Regarding DNA, It has come up in the past. What you can do is read this whole thread about the nightmare that GYE can be.

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

Edited October 3, 2013 by fantonledzepp