IR1 / CR1 Help please

[nishantbhardwaj 0]

Situation

Wedding:

1) I am a US citizen by birth and had married my wife (Indian Citizen) in Houston on May 2015 . (Have wedding certificate from Harris County)

2) My wife was on her F1 Student Vvisa ( PHD psychology - UH Houston )at that point in Houston

Current Situation

1) We are now in Dubai (UAE) and want to process her citizenship

2) She is trying to get her psychology License from the US and they require to show that she in the process of obtaining a US Visa/ has a valid US visa

3) We need to get this processed as soon as possible, so that she can come the US and work.

I-130 (Petition for Alien Relative - Spouse)

From what I have researched online, the I-130 has to be filed through the Chicago lockbox

1) What is the current time frame for processing the I-130 for Spouse ? (I had read somewhere its roughly 5 months ?)

2) Is there any faster procedure to get this processed ?

3) Can the lawyer file it from our side?

Once the I-130 is completed

CR1 or IR1

1) Can the CR1 or IR1 be applied for concurrently with the I-130 ?

a) Can the I-130 be in acknowledged status when we apply for CR1 or IR1 and get the interview process started ?

b) Does the I-130 have to be completed and then only the IR1 or CR1 process start ?

2) How long does it take for the visa to be issued (IR1/CR1) after the I-130 is approved ? I know this depends on the interview, etc, but what is a rough timeframe?

3) Should we wait for 2 years of marriage and apply as IR1 or just come in as a CR1 and then apply to remove the conditions? Which one is easier?

a) Should the 2 years of marriage be completed when we start the I-130 process?

b) Can the 2 years of marriage be completed in the middle of process ?

i) if yes, then can it be completed after the I-130 is approved / does the 2 years of marriage have to be completed before the interview date ?

4) How soon after my spouse comes to the USA can we remove the conditions on the CR1 Visa ?

6) can she work on the IR1 or CR1 Visa ?

Domicle - Important

Since I am in Dubai and not in the USA, I know there are issues with domicle

1) Do I have to be in the US when we apply for the I-130 ?

i) If yes, how long ?

2) I have read that there is a form Form I-864, to prove reestablishment of domicile showing that I would be leaving dubai and be moving to the USA.

i) Ideally I would like to move when my wife can move to USA (After her Visa is issued) Would this be possible ?

4) Exactly when in the process should the document Form I-864 be filed ?

3) What documents would be needed for showing re-establishment of domicle ? Would i need to sign a lease in the US ?etc.

5) Can i be employed in Dubai when filing the Form I-864 , stating that I will quit my job and am looking for a job in the US or would i have to quit my current job in dubai and show a letter that I have quit and am moving to the US ?

Thanks

[JFH 12,196]

Ok, you have a let of reading to do. There are some guides on this website that are very useful (links at the top of this page).

The I-130 is the first part of the CR-1/IR-1 process. It is the first thing you need to do to start the visa process for your wife.

This part is your petition to the USCIS for your wife to apply for a visa. This MUST be approved before the next stage - applying for the visa. The I-130 stage takes between 4 and 6 months. You can use the services of a lawyer if you wish but many people don't. It's a personal choice.

There is no way to queue jump and be processed faster than anyone else unless there is a severe emergency, life or death situation. You could then request an expedite but it is not guaranteed. If there was a way to make this faster, we would have found it by now and all be using it. This is no easier on me than it it is in you or anyone else.

As you are overseas you will send the I-130 and all additional documents/evidence required to the Chicago lockbox.

The whole process takes about a year from the I-130 being received to the interview being scheduled.

Whether you wait for 2 years of marriage to pass or not is your decision. No one can make that decision for you. The IR-1 after two years of marriage gets a 10-year green card whereas the CR-1 after less than 2 years gets a 2-year conditional one and you have to go through another stage of the process before that card expires to get a 10-year one. Other than that, there's no difference.

Yes she is eligible to work with a CR-1/IR-1 visa from the moment she arrives.

The 2-year marriage date is based in the day she arrives in the USA. So if she arrives on your second wedding anniversary or later she will have an IR-1, regardless of when you started the process.

If she arrives before your second anniversary she will have a 2-year green card. She can apply to remove conditions 90 days before that card expires.

You don't have to be in the USA to file the I-130 petition.

I-864 comes into the picture at the NVC stage (after the I-130 has been approved) so you have many months yet.

I can't help on domicile because it doesn't apply to us.

Edited February 17, 2016 by JFH

[nishantbhardwaj 0]

@JFH Thank you very much.

1) the Notice of Action, Is it mailed to your address that is given in the I-130 form Section B , question 2 or Section c, question 2 ? Can i give a PO Box address since we get mail here only in our PO Box ?

2) Is there a set time frame within which my spouse would have to travel to the USA after her visa is approved ? or can she travel eg: 4 months later ?

Thanks a ton

@JFH Thank you very much.

1) the Notice of Action, Is it mailed to your address that is given in the I-130 form Section B , question 2 or Section c, question 2 ? Can i give a PO Box address since we get mail here only in our PO Box ?

2) Is there a set time frame within which my spouse would have to travel to the USA after her visa is approved ? or can she travel eg: 4 months later ?

Thanks a ton

[JFH 12,196]

The NOA1 can be sent to a po box address.

She will have six months to use the visa and enter the country after it is issued. It is cancelled if she doesn't enter in that six-month time period.

[awaywego 28]

Great response to the first bunch of questions. On the domicile questions:

1) You do not need to be in the US when you file the I-130. You can file from Dubai, and you can stay in Dubai with your wife during the visa process.

2) If you live abroad when the I-864 is filed, you would either show that you have maintained a US domicile or that you intend to reestablish a US domicile no later than when the beneficiary enters the US. (The third option involves working for certain US companies or the military. You'd need to look at the I-864 instructions for more information, if you think this might apply to you.) Provided you do this, you do not need to move back to the States until the time your wife does.

4) The I-864 is sent to NVC as part of the AOS package. See the IR-1/CR-1 section in the Guides (top of page when on a computer).

3) The documents required depend on which path you take to domicile (see #2). Read the I-864 instructions to see which path best fits your situation and to see their examples of evidence. The NVC Process wiki here has a few other examples. Generally, think of what people do when they either still live somewhere or when they are preparing to move somewhere (depending which path is best for you). Do those things, and collect evidence that you've done them.

5) Yes. Your Dubai income will not count to sponsor your wife, though, since it will not continue from the same source. You might want to look into a joint sponsor or using assets. The I-864 instructions have information on both of these options.