CR1 Application from Abroad?

[Murphy1994 32]

Hi! 

 

This is is my first post so I’m sorry if this is something that’s been answered a lot. My fiancée and I live in Ireland and are getting married this summer. He is an American citizen but has lived in Ireland for 20+ years.

 

Since our wedding has been planned, he’s gotten a teaching job in MA so we are planning to move over there. I’m incredibly stressed/upset because we can’t do anything visa wise in terms of our application until our wedding this summer. I don’t know if he can even apply for the visa until he makes the move to MA. What would be my quickest option to join him, a K3 or a CR1? Is there anyway we can begin the application in the months between our wedding and his moving over there? Getting married earlier isn’t an option. Thanks so much in advance.

Edited February 27, 2019 by Murphy1994

[Crazy Cat 39,213]

K3s are obsolete.  A K-3 will be administratively closed.  It will proceed as a CR-1.......so don't even bother with the I-129 at all.........approximate processing time is 12-14 months......you must be married before applying.

[USS_Voyager 1,971]

K3 is dead. If you're planning to immigrate after you get married, the only way is CR1. It will take 12-14 months from the time he files the petition until your interview. 

[old-fella 109]

k3 is absolute. dont waste time with k3

CR1 is what you want to apply. 14-16 month is what it will take. but with cr1, you can work right after the moment you cross US border which is a huge advantage. 

 

if he is still in IReland, then check DCF. (i know you said he is mobing to MA). If ireland is qualified for DCF then the processing is pretty fast. 

 

good luck

[payxibka 10,044]

6 minutes ago, Murphy1994 said:

Hi! 

 

This is is my first post so I’m sorry if this is something that’s been answered a lot. My fiancée and I live in Ireland and are getting married this summer. He is an American citizen but has lived in Ireland for 20+ years.

 

Since our wedding has been planned, he’s gotten a teaching job in MA so we are planning to move over there. I’m incredibly stressed/upset because we can’t do anything visa wise in terms of our application until our wedding this summer. I don’t know if he can even apply for the visa until he makes the move to MA. What would be my quickest option to join him, a K3 or a CR1? Is there anyway we can begin the application in the months between our wedding and his moving over there? Getting married earlier isn’t an option. Thanks so much in advance.

Once married and have prepared the petition and gathered all the required evidence, you can submit that very day

[Unlockable 7,306]

Welcome to the forum. There are some decisions you will have to make. But foremost, you are going to have to come to terms that there is nothing quick or fast about any of the options that are available to you. You likely will be spending many months apart before you can immigrate.

 

With that said....

• First, the K3 is essentially dead. Forget about it.
• You can apply anytime after you get married for a spousal visa. The time will take 12 - 14 months before you will get a visa, however.
• Your fiance will have to make sure he plans to provide evidence of establishing domicile in the USA.
• There are financial requirements that need to be met by your fiance. If he doesn't make enough money, he will need help filing an Affidavit of Support (cosponsor).
• Since you aren't married yet, there is still the K1 (fiance visa) option. You will have to get married in the US, though.

[payxibka 10,044]

5 minutes ago, old-fella said:

k3 is absolute. dont waste time with k3

CR1 is what you want to apply. 14-16 month is what it will take. but with cr1, you can work right after the moment you cross US border which is a huge advantage. 

 

if he is still in IReland, then check DCF. (i know you said he is mobing to MA). If ireland is qualified for DCF then the processing is pretty fast. 

 

good luck

If they could, it would require an exception based petition and approval to proceed by the USCIS field office in London. 

[Murphy1994 32]

53 minutes ago, payxibka said:

If they could, it would require an exception based petition and approval to proceed by the USCIS field office in London. 

Sorry for the silly question but what is a DCF? Is it the department of children and families (that’s what google is giving me anyway!)

[Crazy Cat 39,213]

1 minute ago, Murphy1994 said:

Sorry for the silly question but what is a DCF? Is it the department of children and families (that’s what google is giving me anyway!)

Direct Consular Filing........google that.

Edited February 27, 2019 by missileman

[Murphy1994 32]

13 minutes ago, missileman said:

Direct Consular Filing........google that.

Ah sorry of course, my bad! Thank you. 

[millefleur 5,035]

1 hour ago, Murphy1994 said:

Sorry for the silly question but what is a DCF? Is it the department of children and families (that’s what google is giving me anyway!)

VJ has a guide about DCF, I would start there:

 

https://www.visajourney.com/content/dcf

[Ryan H 3,790]

There is no USCIS field office in Ireland so DCF is not an option.

[Ate 180]

1 hour ago, Ryan H said:

There is no USCIS field office in Ireland so DCF is not an option.

 

Could they try for DCF via "exceptional circumstances" if the husband has a job offer in the US?

 

Short notice of position relocation: A U.S. Citizen petitioner, living and working abroad, who receives a job relocation within the same company or subsidiary to the United States, or an offer of a new job in the United States with very little notice.

 

[nastra30 1,979]

10 hours ago, Ate said:

 

Could they try for DCF via "exceptional circumstances" if the husband has a job offer in the US?

 

Short notice of position relocation: A U.S. Citizen petitioner, living and working abroad, who receives a job relocation within the same company or subsidiary to the United States, or an offer of a new job in the United States with very little notice.

 

They could certainly look into that as an option.

https://www.uscis.gov/about-us/find-uscis-office/international-offices/united-kingdom-uscis-london-field-office

[SeabreezeUF 31]

Congratulations on all the exciting things coming up for you! The immigration process is daunting but don't let that overshadow how great getting married and a new job are!

 

This was noted above but worth repeating: your husband can file the I-130 that starts the process the same day you're married, as long as all the paperwork is ready.  I submitted mine the day after our wedding while I was still living abroad with my husband. I used my job offer letter and copy of a signed lease that was to start once I moved as my proof of income and domicile. 

 

I had not seen any mention of being up to date on tax returns.  If your husband hasn't been filing while living abroad, he will want to sort that out and can do so starting today.  (Note: Filing does not mean he owes anything, his income for 2018 has to have been around $100,000 to owe taxes to US while living abroad. He does, however, have to file with the IRS.)