CR-1/IR-1, US entry ban waiver (merged)

[sidmando 15]

I am getting ready to start the process of applying for a spousal visa for my wife. We currently live in Lima, Peru, and unfortunately the USCIS recently stopped allowing applications to be done through the US embassy here. So I am currently trying to figure out how to do the process from abroad without having to make a trip back to the US, and I have a couple questions.

 

My permanent US domicile in a house that I own in Knoxville, TN. However the house is currently rented to a tenant, and I can't receive mail there. So I would like to use my father's address in New York for all of the correspondence related to the application. So my first question is whether there will be any problems resulting from the fact that the application will be filed using an address that is different from my US domicile. Secondly, my father's address is a P.O. Box. Will that cause any problems? 

 

Thanks in advance for any feedback or advice!

Edited February 10, 2021 by Penguin_ie

[Crazy Cat 39,218]

You can file from anywhere.  Just read the instruction for filing an I-130 from outside the US.  Be aware that you will have to prove domicile (or intent to establish domicile) in the US, proof of past tax filings, and supporting US based income (or assets) during the process.   

[pushbrk 12,106]

4 hours ago, sidmando said:

I am getting ready to start the process of applying for a spousal visa for my wife. We currently live in Lima, Peru, and unfortunately the USCIS recently stopped allowing applications to be done through the US embassy here. So I am currently trying to figure out how to do the process from abroad without having to make a trip back to the US, and I have a couple questions.

 

My permanent US domicile in a house that I own in Knoxville, TN. However the house is currently rented to a tenant, and I can't receive mail there. So I would like to use my father's address in New York for all of the correspondence related to the application. So my first question is whether there will be any problems resulting from the fact that the application will be filed using an address that is different from my US domicile. Secondly, my father's address is a P.O. Box. Will that cause any problems? 

 

Thanks in advance for any feedback or advice!

Using a father's PO Box as your mailing address is not a problem.  Use your physical address in Peru.  Just file using the courier delivery address in Chicago.  Domicile is not really an issue unless coming from Canada.  That you are seeking an immigrant visa for your spouse who cannot immigrate BEFORE you return to the US (You can come in together.) is sufficient evidence of intent to re-establish domicile unless coming from Canada.  Maybe a couple other exceptions but Peru is not one.  Just tell the truth, but it IS good to use a US mailing address so you actually GET the mail.

[sidmando 15]

Hi all,

 

I am a US citizen and am just starting this process in order to bring my Peruvian wife and stepdaughter to the US. I have been living with them in Peru for a year and a half, and we recently celebrated our first wedding anniversary. It seems completely straightforward that the CR-1 is the correct visa category for my wife. My question is about my stepdaughter. I assume that there is a different visa category for her. Can anyone tell me what that visa is called and point me toward relevant resources on how to apply? Thanks!

[jskibo 588]

CR2 same process

[DaveAndAnastasia 2,078]

Or almost certainly IR1 and IR2, because it's very likely you will have been married two years before they get their visas. But that's the same process; they just determine whether you get a CR or IR visa at the time it's issued.

Edited February 9, 2021 by DaveAndAnastasia

[HRQX 4,145]

10 minutes ago, sidmando said:

Can anyone tell me what that visa is called and point me toward relevant resources on how to apply?

If she was under 18 when you married your wife then it's IR-2/CR-2. You'll file two I-130; 1 for your wife and 1 for your stepdaughter.

 

"A stepchild if the marriage creating the steprelationship took place before the child reached the age of 18" https://www.visajourney.com/guides/us-immigration-for-children/

Edited February 9, 2021 by HRQX

[Crazy Cat 39,218]

33 minutes ago, sidmando said:

Hi all,

 

I am a US citizen and am just starting this process in order to bring my Peruvian wife and stepdaughter to the US. I have been living with them in Peru for a year and a half, and we recently celebrated our first wedding anniversary. It seems completely straightforward that the CR-1 is the correct visa category for my wife. My question is about my stepdaughter. I assume that there is a different visa category for her. Can anyone tell me what that visa is called and point me toward relevant resources on how to apply? Thanks!

You can place related questions under this thread to help keep it organized.

***Moved to IR-1/CR-1 Spousal Visa Process and Procedures****

Edited February 9, 2021 by Lucky Cat

[sidmando 15]

Hi all,

 

I am a US citizen currently living in Lima, Peru with my wife and stepdaughter. We are starting the IR-1/CR-1 application process, and I am unclear which processing center we should use. I own a home in Knoxville, TN, and that is where we intend to live when we move to the states, however the house is currently rented out and I can't receive mail there. So I was planning to use my father's address in New York for all visa related correspondence. So I have two questions. 1) Is there any problem completing this process while living abroad? 2) Which processing center should I use -- the one for Knoxville or the one for New York? Thanks!

[HRQX 4,145]

11 minutes ago, sidmando said:

Is there any problem completing this process while living abroad?

That is not an issue when filing the two I-130 petitions. Later, at visa interview the question of US domicile may come up.

11 minutes ago, sidmando said:

Which processing center should I use -- the one for Knoxville or the one for New York? Thanks!

Neither. USCIS chooses.

 

I recommend online filing: https://www.uscis.gov/i-130 The following question is left completely blank:

 

 

Put the appropriate consular post for the following:

Edited February 9, 2021 by HRQX

[Crazy Cat 39,218]

1.  You can complete the process while living abroad, but you will, later in the process, show evidence that you intend to re-establish domicile in the US.  

2.  You do not choose a USCIS service center.  USCIS assigns the center based on workload.  Have you read the guides here on VJ?

[sidmando 15]

1 minute ago, Lucky Cat said:

1.  You can complete the process while living abroad, but you will, later in the process, show evidence that you intend to re-establish domicile in the US.  

2.  You do not choose a USCIS service center.  USCIS assigns the center based on workload.  Have you read the guides here on VJ?

I thought I had read the guides, but maybe not. Could you point me in the direction of which guide(s) I should read? I'm just starting this process and find it very intimidating.

[Crazy Cat 39,218]

1 minute ago, sidmando said:

I thought I had read the guides, but maybe not. Could you point me in the direction of which guide(s) I should read? I'm just starting this process and find it very intimidating.

Read this one.  

 

[Crazy Cat 39,218]

If you had exceptional circumstances, you could possibly qualify for Direct Consular Filing where you live now:

 

 

Edited February 9, 2021 by Lucky Cat

[pushbrk 12,106]

Reading between the lines, just know that it is a good idea to use a US mailing address if possible but show your actual physical address in the applicable section.  Be as familiar with the whole process as possible before you start.  You're filing a petition with USCIS but it's not a visa application.  USCIS does not issue visas.  Not only will you need to show evidence (in the next stage) that YOU intend to re-establish domicile in the US, but unless you have a job in the US or one that is transferring you back to the US, you'll likely need a qualified financial sponsor. (Again, at the NEXT stage.)