Understanding Immigration to U.S. already married abroad

[Penguin_ie 6,002]

Because we literally have hundred of members on here who visited:  

 

For the CR-1, the US citizen petitioner files the initial paperwork and sends it in the mail, that can be done from anywhere in the world. No interview, but there may be an RFE (extra questions/ request for evidence essentially) via mail, so if you are not at the address given, make sure someone checks your mail.   Much later on (9 months is a bit optimistic, 12 months is more likely), the foreign beneficiary visits the US embassy for an interview. The petitioner can go with, but doesn't have to in most countries.  There are guides for different processes here, explaining what is needed when:
http://www.visajourney.com/content/guides/

[JFH 12,196]

29 minutes ago, MayaMishka said:

 

Hi again,

 

okay I paid for an online immigration lawyer and asked him some questions.. and one of the things he said  was this.

 

2) The CR-1 visa (or IR-1 if your marriage is more than 2 years old)
takes also around 9 months (making the K-3 almost obsolete). The I-130
is the form that is needed to start this process. But once he enters
the U.S., he enters as a Resident and he does not have to file (or pay
for) an I-485 nor does he have to attend an additional interview. He
just gets his green card in the mail a few weeks later.

So the K-3 might be a little faster but generally more expensive. The
CR-1 (and IR-1) might be a little slower, but generally cheaper. And
no, there is no middle-visa that he can use to enter the U.S. while
that process is pending. He will most likely have to wait outside.

 

 

----

 

Why do you say that my husband can visit on visiting visa during process? When the lawyer said he will most likely have to wait outside of country? ( I wrote to the lawyer before I joined the forum.) Thank you so much for clarifying.

 

During the CR-1 do I have to physically come into an office in the U.S. in person to file his paperwork? Or can I be traveling and send it in through the mail? Is there anything I have to do physically (in the U.S.) while the process is happening during the 9 months? Any interviews during the process? Is he notified ahead of time when he needs to fly in for any interviews he may need to do?
 

Thank you so much for your time, I really appreciate it.

 

 

 

The lawyer's timescale for the CR-1 is ambitious. Currently it is taking around 12 to 14 months from start to finish. However, the process the lawyer described is correct in that once your spouse arrives here there is nothing more to do to become a resident - your spouse becomes a resident (aka green card holder) the minute the passport is stamped at the airport upon arrival and the physical green card is received in the mail at a later date (mine took 63 days). After two years here there is the process of "removal of conditions" but that's something for a lot later.

 

Forget the K-3. It's not going to happen. 

 

When the the lawyer said "wait outside the country" he was referring to the fact that your spouse cannot live in the USA until the process is complete. For many people visiting is difficult as they need B-2 visas to do so and these are difficult to obtain from certain countries with a USC spouse. Us Brits do not have this obstacle as we have the VWP that almost all of us are eligible to use. We have it a lot easier with visiting than others. 

 

I visited my husband twice during the wait for the I-130 to be approved. No issues at all. 

 

You must send everything by mail to the lockbox. USCIS does not accept personal callers with petitions. The lockbox locations receive all petitions, check them for completeness, cash the checks and log them into the system in the order in which they were received to make it fair for everyone. They also determine which service center will handle the petition based on current workloads and staff availability. 

[little immigrant 801]

22 hours ago, MayaMishka said:

----

 

Why do you say that my husband can visit on visiting visa during process? When the lawyer said he will most likely have to wait outside of country? ( I wrote to the lawyer before I joined the forum.) Thank you so much for clarifying.

 

During the CR-1 do I have to physically come into an office in the U.S. in person to file his paperwork? Or can I be traveling and send it in through the mail? Is there anything I have to do physically (in the U.S.) while the process is happening during the 9 months? Any interviews during the process? Is he notified ahead of time when he needs to fly in for any interviews he may need to do?
 

Thank you so much for your time, I really appreciate it.

 

 

 

Hi there,

 

my (now ex) husband filed for me while he was in the US. Shortly after he came to Europe to be with me and he stayed almost the whole time. He himself didn't have to be at any interview but I went to the consulate for an interview. Since he was in my country anyways, he joined me. Once I received my visa sticker in my passport, we flew to the US together.

 

I have done this process without a lawyer by the way. Just this forum and some other helpful websites. Mostly this forum though  

[NigeriaorBust 4,088]

  By travelling , are you just visiting or ??    There are some countries that allow for filing directly at the consulate but that usually requires the USC to be a legal resident rather than just visiting.  That process is usually much shorter. 

[MayaMishka 1]

On 8/28/2017 at 0:10 PM, danda226 said:

Hi there,

 

my (now ex) husband filed for me while he was in the US. Shortly after he came to Europe to be with me and he stayed almost the whole time. He himself didn't have to be at any interview but I went to the consulate for an interview. Since he was in my country anyways, he joined me. Once I received my visa sticker in my passport, we flew to the US together.

 

I have done this process without a lawyer by the way. Just this forum and some other helpful websites. Mostly this forum though  

Great this is so helpful! Thank you!