A bit complicated - How complicated will this CR-1 process be?

[CanYouHelp_11 1]

So I am a US Citizen and my fiance lives in the Middle East with her parents, here is where things are going to get complicated I think, her father was a long time resident of this particular country in the middle east, and as of late his services are no longer going to be needed, in normal situations they would just go back and retire in their home country-- times are anything but normal now home country ( Sudan is ravaged by war and unlivable ), so they are planning ahead and most likely course of action is to seek Asylum in the UK, they have extended family there and they have been in touch with an immigration lawyer who will submit their paperwork.

 

Assuming they make this move, how much of a pain is it going to be for me to bring her here in the states? I am a US Citizen, in normal circumstances this would just be filing the needed form and wait the 8-12 months and no issue, the fact that she could be seeking status somewhere else with her family has me scratching my head- anyone has been in a similar situation?

 

there are two scenarios- we get married ( planned within next 8 months)

1-she could still be in the UK awaiting Asylum decision -  then I even wonder if we can have a proper wedding in this said Middle Eastern country ( Her Mother and a sibling) are going to be left behind and will follow later if approved

 

2- she gets Asylum status- What do I do here? Apply normally and she will just have to go through US Consulate in the UK?

 

any input would be great , I am a bit lost

[appleblossom 4,125]

16 minutes ago, CanYouHelp_11 said:

I am a US Citizen, in normal circumstances this would just be filing the needed form and wait the 8-12 months and no issue, the fact that she could be seeking status somewhere else with her family has me scratching my head- anyone has been in a similar situation?

It’s exactly the same, just with a different consulate. But loads of people live in a different country to the one(s) they have citizenship in, it’s no biggie. 
 

You do need to adjust your expectations on timing though, it’s approx 14-17 months just for the first stage (the I-130), then the visa application follows. And because of the country your fiancée is from, there may be extra background checks which will add more time. 
 

 

 

Edited Tuesday at 12:06 AM by appleblossom

[CanYouHelp_11 1]

unfortunately the home country in Sudan, which is one of the banned countries, but i was told since I am a US Citizen it's not an issue since its CR-1

 

and 14-17 months is insane if its just for the I-130, I've been told aim for 12 months 

Quote

 

 

[S2N 196]

8 minutes ago, appleblossom said:

I assumes she’s not from a country on the banned list? 

It’s Sudan. On the ban list. IR-1/CR-1 is essentially the only option here.

 

OP — your best bet is to get married as soon as possible either online (Utah Zoom) or in-person, meet in person if online, and immediately file an I-130. Current processing times are averaging 14-15 months, but it was at 17 in January, and I’m just going to assume that cases from a Sudanese national might take longer even outside the ban consideration. That’s why we usually advise people who have decided they’re getting married to do it sooner rather than later and file quickly.

 

My suggestion would be Utah Zoom since you wouldn’t have to worry about translations or any of the other complications that can come up with foreign marriage certificates, but that’s up to you and your fiance.

Edited Tuesday at 12:11 AM by S2N

[appleblossom 4,125]

2 minutes ago, S2N said:

It’s Sudan

Yep, spotted that just after I posted - don’t know how I missed it first time around! 

[appleblossom 4,125]

6 minutes ago, CanYouHelp_11 said:

 

and 14-17 months is insane if its just for the I-130, I've been told aim for 12 months 

 

Very unlikely, but you can keep an eye on current processing times here - https://egov.uscis.gov/processing-times/

 

 

[Boiler 47,203]

I am not sure you understand what Asylum is.

 

Where is she now.

[CanYouHelp_11 1]

21 minutes ago, appleblossom said:

It’s exactly the same, just with a different consulate. But loads of people live in a different country to the one(s) they have citizenship in, it’s no biggie. 

You do need to adjust your expectations on timing though, it’s approx 14-17 months just for the first stage (the I-130), then the visa application follows. And depending on the country your fiancée is from, there may be extra background checks which will add more time. 
 

I assumes she’s not from a country on the banned list? 

 

I did check the processing time and it does show 17 months--- I was not expecting that at all- this is terrible news 

15 minutes ago, S2N said:

It’s Sudan. On the ban list. IR-1/CR-1 is essentially the only option here.

 

OP — your best bet is to get married as soon as possible either online (Utah Zoom) or in-person, meet in person if online, and immediately file an I-130. Current processing times are averaging 14-15 months, but it was at 17 in January, and I’m just going to assume that cases from a Sudanese national might take longer even outside the ban consideration. That’s why we usually advise people who have decided they’re getting married to do it sooner rather than later and file quickly.

 

My suggestion would be Utah Zoom since you wouldn’t have to worry about translations or any of the other complications that can come up with foreign marriage certificates, but that’s up to you and your fiance.

 

Here is the issue, we can get married even sooner , the issue is she is going to be seeking asylum in the UK and I will be filing her I-130 at the same time, wouldn't that cause an issue or not?

[S2N 196]

16 minutes ago, CanYouHelp_11 said:

I've been told aim for 12 months

It was 11 months when my husband and I started dating a few years ago, and had crept up to 14 when we seriously started thinking about getting married and him immigrating 12 months ago. By the time we got married and filed in January it was at 17 months.

 

The one silver lining is that they are processing more I-130s than at any point in the last two years, and every month since January has seen an increase since the previous month. It could be on average 11 months again if they keep up this pace. But you don’t know. You’ll only really have a guess about 2 months before because you’ll start seeing approvals near your priority date, and since they go in order you can guesstimate.

 

But again, these are averages, and nationals of African countries tend to take longer even before the travel ban.

[Boiler 47,203]

I 130 is just the first part of the process.

[CanYouHelp_11 1]

1 minute ago, Boiler said:

I am not sure you understand what Asylum is.

 

Where is she now.

 

Refugee Status I suppose? She lives in the UAE now, but will be seeking Asylum/Refugee status in the UK- as of August the father is losing employment in the UAE and they can not go back to Sudan

[Boiler 47,203]

Just now, CanYouHelp_11 said:

 

Refugee Status I suppose? She lives in the UAE now, but will be seeking Asylum/Refugee status in the UK- as of August the father is losing employment in the UAE and they can not go back to Sudan

She seeks Asylum where she is.

 

UNHCR handles refugees, how do they know where they will be sent?

[S2N 196]

2 minutes ago, CanYouHelp_11 said:

Here is the issue, we can get married even sooner , the issue is she is going to be seeking asylum in the UK and I will be filing her I-130 at the same time, wouldn't that cause an issue or not?

An I-130 is your request to the U.S. government for permission to sponsor her. Where she lives and what she does with visas or asylum from third countries doesn’t impact your ability as a US citizen to file that.
 

Once it’s approved she will fill out a visa application and you can ask them to route it to the consulate that handles immigrant visas for the country she resides in.

[CanYouHelp_11 1]

7 minutes ago, S2N said:

An I-130 is your request to the U.S. government for permission to sponsor her. Where she lives and what she does with visas or asylum from third countries doesn’t impact your ability as a US citizen to file that.
 

Once it’s approved she will fill out a visa application and you can ask them to route it to the consulate that handles immigrant visas for the country she resides in.

 

Got it, I am not familiar with the process so its takes approximately 17 months just to approve or deny your I-130 , then afterwards you go through consular processing in whatever country you are in- now what you are saying here maybe ( it doesn't matter if she is a refugee/Asylee seeker or whatever) once I apply for her and approved that has no affect on her status  wherever she is? assuming she is there legally of course 

[pushbrk 13,554]

48 minutes ago, S2N said:

It’s Sudan. On the ban list. IR-1/CR-1 is essentially the only option here.

 

OP — your best bet is to get married as soon as possible either online (Utah Zoom) or in-person, meet in person if online, and immediately file an I-130. Current processing times are averaging 14-15 months, but it was at 17 in January, and I’m just going to assume that cases from a Sudanese national might take longer even outside the ban consideration. That’s why we usually advise people who have decided they’re getting married to do it sooner rather than later and file quickly.

 

My suggestion would be Utah Zoom since you wouldn’t have to worry about translations or any of the other complications that can come up with foreign marriage certificates, but that’s up to you and your fiance.

They cannot immediately file an I-130 after a Utah Zoom marriage.  They must have evidence they have been together in person, between the date of the ceremony and the date of filing the petition.