What do we need to file with I-130...very confused!

[vob1203 0]

Hi,

Thank you in advance for your answers ! We really need help as we are very confused on which route to take for the fastest immigration process.

My husband is in the US military, we met more than 2 years ago and got married in March 2013 in Honolulu, HI where he was stationed at the time. Now he has been transferred to a base in San Diego, CA which would be where I would be living if everything goes well. Also I have a child that is not from this relationship and we are both currently living in Canada. We are ready to be reunited with my husband as soon as possible.

Now after reading multiple forums, we are so confused about what we should file for. It is very clear that we have to file for an I-130 for both my son and I. But what should I file for and what can I file concurrently with that form? I read about a lot of people filing for the I-130 and the I-485 together, which for some time seemed to be what we should do with no doubt, but I am living in Canada, so we can't file for AOS if I'm not living in the U.S at the moment we file, correct ? What we thought at first was that we could file concurrently for both of them and I would move there once my I-130 would be approved and wait for my AOS. As a canadian I can go to the U.S as a tourist visitor for 6 months without having to apply for a visa. If we move after the I-130 is approved is it considered legal?

Then I read about CR1. It's the other option we are debating on. If we choose to go with that one can we file for the I-130 at the same time or we have to wait for the I-130 to be processed?

And finally should I sent the paperwork to the Montreal Consulate in Canada or should my husband file for it and send it to a USCIS office in the U.S?

I'm sorry for the lengthy message ! Thank you so much for taking the time to read and for your help !

[lost_at_sea 995]

As you are outside the USA you should be following this guide: http://www.visajourney.com/content/i130guide1

You can't move until you have your CR-1 visa in hand but you can visit while it processes.

Note that military personnel on active duty often qualify for expedited processing, so make sure to include copies of hub's relevent paperwork to show that.

[Geode 3]

There is some help available to you through your husband's branch of service. You might want to search VJ for that and also have him check with S1 (if it is still called that) on base.

[No name 88 48]

I think you need to read up some more on the CR1/IR1 visa petition in the guides in this site.

1. You can't file an AOS as you reside outside the US.
2. I-130=CR1. The I-130 is a petition for an immediate relative of a US citizen. It is the form for the CR1/IR1 visa. You would actually receive the IR1 as the CR1 is for couples married less than two years; it has time restrictions. The IR1 visa and green card are good for ten years. You don't have to do anything with that as this is handled by immigration which type you get.
3. You can't file to the consulate in Montreal as you husband has not been a resident in Canada for 6 months although I read on here that Montreal requires 12 months residency. You husband needs to file a petition on your behalf in the US.

You'll also have to file for your son but I'm not sure how this works as your son is not an immediate family member of your husband. Others on here can answer.

Your husband is in the military and should be eligible for expedite processing but again I don't know how this works.

[No name 88 48]

Sorry. I missed the line where you said that your husband is living in Canada. If he is in Canada on military duty he maybe able to file for direct consular filing without being a resident under the below clause.

(1) Military emergencies: A U.S. service member overseas becomes aware of a new deployment or transfer with very little notice. This should be an exception to the regular relocation process for most service members.

At any rate I think your husbands military status grants him special handling.

[NikLR 13,232]

No being military or a veteran doesn't grant anyone special handling unless it's because the adjudicator feels like it at the time.

to the OP:

Follow the guide posted by Lost_at_Sea! Also make sure you read the I-130 instructions carefully. You will need an I-130 package and fee for you and a separate one for your son. There are different requirements for documents in each package so pay careful attention.

Then let us know when the petition is filed so we can help you with preparing for the next stage!

[vob1203 0]

As you are outside the USA you should be following this guide: http://www.visajourney.com/content/i130guide1

You can't move until you have your CR-1 visa in hand but you can visit while it processes.

Note that military personnel on active duty often qualify for expedited processing, so make sure to include copies of hub's relevent paperwork to show that.

Thank you for the guide, it's very appreciated! We read that military personnel can get expedited processing only if they will be deployed. Although he did have a 6 months deployment last year. Do you think we can use that ?

[vob1203 0]

There is some help available to you through your husband's branch of service. You might want to search VJ for that and also have him check with S1 (if it is still called that) on base.

He already tried that, they were far from being helpful. He could never get an appointment and they never returned his calls. Thank you for the advice !

[vob1203 0]

I think you need to read up some more on the CR1/IR1 visa petition in the guides in this site.

• You can't file an AOS as you reside outside the US.
• I-130=CR1. The I-130 is a petition for an immediate relative of a US citizen. It is the form for the CR1/IR1 visa. You would actually receive the IR1 as the CR1 is for couples married less than two years; it has time restrictions. The IR1 visa and green card are good for ten years. You don't have to do anything with that as this is handled by immigration which type you get.
• You can't file to the consulate in Montreal as you husband has not been a resident in Canada for 6 months although I read on here that Montreal requires 12 months residency. You husband needs to file a petition on your behalf in the US.

You'll also have to file for your son but I'm not sure how this works as your son is not an immediate family member of your husband. Others on here can answer.

Your husband is in the military and should be eligible for expedite processing but again I don't know how this works.

Do you know where he should file it ? Chicago or California ? Thank you !

[vob1203 0]

No being military or a veteran doesn't grant anyone special handling unless it's because the adjudicator feels like it at the time.

to the OP:

Follow the guide posted by Lost_at_Sea! Also make sure you read the I-130 instructions carefully. You will need an I-130 package and fee for you and a separate one for your son. There are different requirements for documents in each package so pay careful attention.

Then let us know when the petition is filed so we can help you with preparing for the next stage!

Will do ! Thanks a lot for the support !

[No name 88 48]

Do you know where he should file it ? Chicago or California ? Thank you !

If your husband is filing an I-130 for you and you son it would go to the Phoenix Lockbox if your husband is a resident in California.

Chicago is for the eastern half of the US and overseas filers.

[NikLR 13,232]

Yes you're correct.

Edited January 3, 2014 by NLR

[Ryan H 3,854]

Moved from What Visa Do I Need - Family Based Immigration forum to IR-1/CR-1 Process & Procedures.