Without residential address and moving, help!

[Azagarth 0]

So I live currently in Argentina and have been a permanent tuorist for awhile now, no residential visa. I met and married my wife this last month, and have since been living on an under the table contract, so there is no lease for us. We had planned to use her parents address as our physical address, the Both of us, for the I-130 papers, etc. we technically will be living there in 2 weeks when we move out of our current place.

However the parents got a good deal and now at the end of this month will no longer have the place, so we are homeless. They also will not have a seta dress due to the extensive traveling they will be doing, so we can't even fake an address here in Argentina.

This has caused us to really decide on moving to Mexico to wait out the visa until she can move to the states with me for good. However talking with the embassy there apparently she cannot file, or have her interview in Mexico without living there three months and having atleast temporary residency. Seeing as we will both be on a tuorist visa we don't qualify for that, so I will have to file through the Chicago lockbox anyhow at turtle speed.... Instead of taking a chance that uscis would fast track my papers for having an international residence, and be living outside the USA.

I'm not sure what to do now. I was going to just use my moms address in the state as my residential address, but this seems like a terrible idea because i am literally just killing my small saving I had by waiting in another country a year until I can move back to the USA and start studying and working again. And technically I have been living outside the states for awhile with 100% desires to move back ASAP! the only reason I'm not back now is because I met and married her. Also I have never lived with my mom, nor even in the same state she is in.

I'm not really sure what to do at this point. Please help.

[BFP XX 62]

I am assuming that you are the 'petitioner and US Citizen' and your wife will be the 'Beneficiary'.

If this is the case, and your situation is as dire as it sounds, then it might be an idea to consider moving back to US to get settled and working, and then apply for the K3 spouse visa for your wife to eventually join you.

You should NEVER lie or fabricate information for US immigration. Being honest is ALWAYS the best policy. If your situation is genuine, then you have nothing to worry about.

I believe (please always verify any advice you receive from any third party on the USCIS website) that you will need to be living in the US to file to sponsor your wife, for her to move to the US. You will need a stable address and you will need to meet the financial threshold to be able to sponsor her. Once your sposorship is approved, your wife will then need to apply for the K3 visa from a country that she is resident in (It can be a country other than her country of Citizenship, however it is down to the local consulates descression as to whether they will process her or not - I believe this is dependant on the applicants visa status for that country, the amount of time they have been residing in that country, and also individual country policy, which varies. Your wife will need to provide evidence of a bonafide marriage, to prove that your relationship is genuine. She will also require police checks (possibly multiple as you have been travelling together) and a medical examination prior to interview.

It's a long process, and there are a lot of hoops to jump through, but it's worth it in the end. There are lot's of links on this website for every process and example forms that you will need to complete to include in your application.

What you decide to do is completly your decision - If you decide to go the K3 visa route, then I would utilize this website to the fullest! It's packed with information and helpful people who can understand and support your journey!

Good luck!

[Ryan H 3,796]

OP, there are some problems with this post. I have lined out what should be disregarded and added my corrections in bold and red.

I am assuming that you are the 'petitioner and US Citizen' and your wife will be the 'Beneficiary'.

If this is the case, and your situation is as dire as it sounds, then it might be an idea to consider moving back to US to get settled and working, and then apply for the K3 file an I-130 to begin the CR-1 spouse visa [process] for your wife to eventually join you.

You should NEVER lie or fabricate information for US immigration. Being honest is ALWAYS the best policy. If your situation is genuine, then you have nothing to worry about.

I believe (please always verify any advice you receive from any third party on the USCIS website) that you will need to be living in the US to file to sponsor your wife, for her to move to the US. You will need a stable address and you will need to meet the financial threshold to be able to sponsor her. Once your sposorship is approved, your wife will then need to apply for the K3 CR-1 visa from a country that she is resident in (It can be a country other than her country of Citizenship, however it is down to the local consulates descression as to whether they will process her or not - I believe this is dependant on the applicants visa status for that country, the amount of time they have been residing in that country, and also individual country policy, which varies. Your wife will need to provide evidence of a bonafide marriage, to prove that your relationship is genuine. She will also require police checks (possibly multiple as you have been travelling together) and a medical examination prior to interview.

It's a long process, and there are a lot of hoops to jump through, but it's worth it in the end. There are lot's of links on this website for every process and example forms that you will need to complete to include in your application.

What you decide to do is completly your decision - If you decide to go the K3 visa CR-1 route, then I would utilize this website to the fullest! It's packed with information and helpful people who can understand and support your journey!

Good luck!

There was too much to correct in the paragraph that I lined out so I will outline the corrections below:

• You don't need to be living in the US in order to file the I-130 (as you are already aware). However, after the petition is approved and moves on to the next stage, you will need to show that you have maintained or are working to reestablish a US domicile.
• Whether or not the I-864 is ultimately accepted is determined by a CO at the beneficiary's interview at the Embassy or Consulate. No "sponsorship" is approved before the beneficiary's interview.
• Current USCIS and State Department policies and procedures have rendered the K3 an obsolete visa type that is rarely granted. Additionally, the CR-1 is a superior visa because it is an immigrant visa that results in a green card on arrival. The K3 is a non-immigrant visa requiring holders to go through the Adjustment of Status process before obtaining a green card.
• Sending evidence of a bona fide marriage is often done when the I-130 is submitted. Such evidence is brought to the interview but not always asked for by a CO.
• Multiple police clearances are only necessary if you have been living outside of your country of citizenship for 1 year or more and were over 16 years of age at that time.

[Azagarth 0]

We are going to try and get Mexican temporary residency as we plan to live there until the visa is done. It's just a ton cheaper for us doing that and her favorite aunt is living there in a tourist spot that's just beautiful. It will be like a long vacation...... I hope haha

I'm just worried I hit some brick wall and she is forced to do everything in Argentina. And I end up broke due to tickets, Argentina is terribly expensive right now and just a terrible place to live in my opinion. I won't leave her alone, so me going back to the states to work while she is waiting a year is not an option.

I'm just looking for the best way to go about doing this.

[BFP XX 62]

I apologise OP, as I clearly gave you incorrect information - That was not my intention.

I was unaware of the 'CR-1' route.

Also as someone applying from Australia, but a UK citizen, I had to provide police clearance for every country that I had spent longer than 6 months in, while over the age of 16 - Which was several, as I had travelled extensively. If this is not the case with the CR-1 then that's great news, as the certificates can be expensive and a long process to obtain!

I'm glad that someone else more experienced in this type of situation was able to advise you further.

Good luck!

[NikLR 13,220]

Please understand that K1 is different than CR1.

[AudreyND 14]

Hello again Azagarth!

If i were you i would ask the mexican embassy/consulate what they considere proof of temporary residency. Will she need a lease under her name? Or a simple stamp on her passport that shows she's been here long enough? Just clarify that with them from the get go, so you don't run into surprise, after waiting 3 months to file and don't have what they considere appropriate proof.

Money seems to be on your mind. You should really considere returning to the U.S. before her so you can get settle and find a job. I'm not saying you should do it now... I mean, go to Mexico, have your little 3 months vacation, then go file the I-130. Once that is approved and her case is moving to NVC, let her stay there with her aunt, sounds like she'll be in good hands. I know being appart isn't ideal, but sometimes you have to make sacrifice to get things done and make sure everything is taken care of. You can always return to visit her, it's a very short plane ride!

[my-journey 0]

You mentioned moving to Mexico. Is your wife Mexican?

[Azagarth 0]

She is argentine but her aunt is Mexican through having a kid there. The aunt said she would help her get residency and when I talked with the Mexican embassy they told me she would just need that and 3 months of proof living there, I assume a lease or likewise would be enough.

[my-journey 0]

Ok, I asked because México is extremely fast if you file directly through the embassy. I thought the beneficiary had to be Mexican. On the packet 4 list of items for the interview, it asks for am unexpired Mexican passport for the beneficiary.

[Azagarth 0]

I'm not really to sure.... I hope not. How long is the process normally?

[Ryan H 3,796]

I thought the beneficiary had to be Mexican.

Any beneficiary legally residing in Mexico can interview there. If the beneficiary was a non-Mexican citizen, they would ask for the unexpired passport of that citizen's country.