Moved back to home country recently. Do I need to wait 2 years to file?

[BillsMaf 1]

Hi there, hoping to get some clarity on this as I can't tell where I fall.

I was living in Canada for about 5 Years on a visa. Met my USC spouse there.
Left Canada in November and stayed in US with my spouse until January.
Moved home to Ireland January and this is now my residence.
Back to visit and get married March - June and now back home.

We are filing for CR1 with him in the US and me here. Am I required to have been a resident of Ireland for 2 years before we apply? 
Can we file soon and if 2 years are required, have that be counted up while we wait?
Do the two periods of roughly 3 months each, in which I wasn't physically in Ireland but it was my residence on all my paperwork count towards the "residence" day count?
If I go visit him again for a period of time, will I need to add these days onto the end of physically being home?

Thanks so much. Just trying to get a timeline of where we are at!

[payxibka 10,044]

2 minutes ago, BillsMaf said:

Hi there, hoping to get some clarity on this as I can't tell where I fall.

I was living in Canada for about 5 Years on a visa. Met my USC spouse there.
Left Canada in November and stayed in US with my spouse until January.
Moved home to Ireland January and this is now my residence.
Back to visit and get married March - June and now back home.

We are filing for CR1 with him in the US and me here. Am I required to have been a resident of Ireland for 2 years before we apply? 
Can we file soon and if 2 years are required, have that be counted up while we wait?
Do the two periods of roughly 3 months each, in which I wasn't physically in Ireland but it was my residence on all my paperwork count towards the "residence" day count?
If I go visit him again for a period of time, will I need to add these days onto the end of physically being home?

Thanks so much. Just trying to get a timeline of where we are at!

Where are you getting this 2 year requirement from?

[BillsMaf 1]

3 minutes ago, payxibka said:

Where are you getting this 2 year requirement from?

Here. Does this only apply if you were in the US on a visa other than a tourist?
Just making sure all my ducks are in order.
Also I can't seem to find a link that works to see any documentation required by country on the USCIS site. The link in the guide returns a 404 page.

[payxibka 10,044]

3 minutes ago, BillsMaf said:

Here. Does this only apply if you were in the US on a visa other than a tourist?
Just making sure all my ducks are in order.
Also I can't seem to find a link that works to see any documentation required by country on the USCIS site. The link in the guide returns a 404 page.

It only applies only to certain "J" visas.  A tourist visa is a "B"

Edited July 6, 2020 by payxibka

[BillsMaf 1]

Just now, payxibka said:

It only applies only to certain "J" visas

Got it! Thank you so much. I read it and worried my history of living away from home would screw our timeline. 

Doing our file in isolation is slowly driving me mad, clearly.

[carmel34 3,529]

8 hours ago, BillsMaf said:

We are filing for CR1 with him in the US and me here. Am I required to have been a resident of Ireland for 2 years before we apply? 

No need to wait, he can file the I-130 petition for a CR-1 visa on your behalf now if he has the marriage certificate and other required documents needed.  It's a very long process, so I suggest he get the petition in line sooner rather than later.

 

He can list the preferred location for the visa interview as Dublin, and as long as you have legal residency in Ireland, that's where the visa interview will eventually be.  It should work fine if you have an EU passport or if not, an Irish Residence Permit.  If you don't have either of those, the visa interview will be done at the US embassy/consulate of your country of citizenship.

 

Good luck!

Edited July 6, 2020 by carmel34

[BillsMaf 1]

13 hours ago, carmel34 said:

No need to wait, he can file the I-130 petition for a CR-1 visa on your behalf now if he has the marriage certificate and other required documents needed.  It's a very long process, so I suggest he get the petition in line sooner rather than later.

 

He can list the preferred location for the visa interview as Dublin, and as long as you have legal residency in Ireland, that's where the visa interview will eventually be.  It should work fine if you have an EU passport or if not, an Irish Residence Permit.  If you don't have either of those, the visa interview will be done at the US embassy/consulate of your country of citizenship.

 

Good luck!

Brilliant! Thanks so much! This actually answered another question I had about setting my interview in Dublin. I'm a citizen and living here during the whole process so shouldn't be any issues.

[AMac13 5]

On 7/6/2020 at 9:48 PM, carmel34 said:

No need to wait, he can file the I-130 petition for a CR-1 visa on your behalf now if he has the marriage certificate and other required documents needed.  It's a very long process, so I suggest he get the petition in line sooner rather than later.

 

He can list the preferred location for the visa interview as Dublin, and as long as you have legal residency in Ireland, that's where the visa interview will eventually be.  It should work fine if you have an EU passport or if not, an Irish Residence Permit.  If you don't have either of those, the visa interview will be done at the US embassy/consulate of your country of citizenship.

 

Good luck!

100% agree. Get the I-130 out as soon as possible. When we filed ours in March 2019 our lawyer told us 8 months to 12 months MAX. Here we are 16 months later and stuck at NVC. I would say the new wait time is probably closer to 18 months to 2 years for CR-1.

[Gozde 10]

I am in a similar situation, we filed the i-130 10 months after moving back in my country. I-130 can take a couple of months or a year depending on the Service Center and the processing is not impacted by the two year residency rule. Once you get to the NVC stage, however, I believe there is a question related to the two year home residency requirement in DS260. Might not be a good idea to submit that before finishing the two years. But it will take a while to get to that point anyways. The only caviat is from my knowledge with an approved I-130, you are normally expected to apply for the immigrant visa within the next year, or would need to get in touch with NVC to explain the situation if you get your I-130 approved with more than a year left on the two year rule.

[SalishSea 16,747]

22 minutes ago, Gozde said:

Once you get to the NVC stage, however, I believe there is a question related to the two year home residency requirement in DS260. Might not be a good idea to submit that before finishing the two years.

This is incorrect.  There is NO two year home residency requirement in this situation.

[Ontarkie 13,904]

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