aniane

Hello,

My hubby just arrived in the US with his IR1 visa!!!!! The problem is that he gave the wrong address in his border interview. He was off a little bit, and we're worried that his SSC will be sent to this wrong address. How should we best change the address? Im not sure who we should contact? USCIS? Does USCIS Form AR-11 apply to us? I would call them but it's the long Thanksgiving weekend.]

Thanks for your advice.

Lola

Fabulous!

NOA2 approved today!!!!!!!

Congratulations! When I first saw that it takes 5 months in the CSC, I was worried but then found out from this forum about the auto expediting and was hopeful. YEAH! Hope it works for your too!

Aniane,

Looks like we are in the same boat. Got the confirmation receipt by email saying the file is going to the CSC.

Hopefully the rest of the process will stay smooth just like this!

Congratulations! When I first saw that it takes 5 months in the CSC, I was worried but then found out from this forum about the auto expediting and was hopeful. YEAH! Hope it works for your too!

Aniane,

Looks like we are in the same boat. Got the confirmation receipt by email saying the file is going to the CSC.

Hopefully the rest of the process will stay smooth just like this!

Congratulations! When I first saw that it takes 5 months in the CSC, I was worried but then found out from this forum about the auto expediting and was hopeful. YEAH! Hope it works for your too!

Aniane,

Looks like we are in the same boat. Got the confirmation receipt by email saying the file is going to the CSC.

Hopefully the rest of the process will stay smooth just like this!

Congratulations! When I first saw that it takes 5 months in the CSC, I was worried but then found out from this forum about the auto expediting and was hopeful. YEAH! Hope it works for your too!

Aniane,

Looks like we are in the same boat. Got the confirmation receipt by email saying the file is going to the CSC.

Hopefully the rest of the process will stay smooth just like this!

YES! YES! YES! just got email of approval. I hope the rest goes so smoothly.

1. Country USC resides in:France

2. Is there a USCIS field office in this country / Is DCF still possible? No

3. When did you file the I-130:April 10, 2012

4. How long had you been living abroad: 8.5 years

5. Do you reside in the country legally? yes, am dual national

6. What is the reason for your residence: dual national

7. Did you list your foreign address on all forms in I-130 package? yes

8. Did you send I-130 package from abroad? yes

9. Did you include evidence of your residence abroad in the I-130 package? no, unless house ownership counts and was understood (didn't translate document!)

10. Did you mention the fact you reside abroad in the cover letter or write a letter describing your current situation and the evolution of your relationship with your spouse (mentioning your residence abroad)?No, I didn't know I should write a cover letter.

11. Has your case been "auto-expedited"? YES!

How long between NOA1 and NOA2? 8 days!

Wow, that's great. Congrats! I'm assuming you received email notification or that you check your case status online.

Hello Guys! Very happy to say I got my NOA2 (approved!)

Now ready to answer this survey that helped A LOT! hope it helps more people so:

1. Country USC resides in: Brazil

2. Is there a USCIS field office in this country / Is DCF still possible? No

3. When did you file the I-130: End of April 2012

4. How long had you been living abroad: + - 1 year

5. Do you reside in the country legally? No, USC on Tourist visa expired.

6. What is the reason for your residence: tourist / married

7. Did you list your foreign address on all forms in I-130 package? Yes

8. Did you send I-130 package from abroad? No, sent to my mother in law to put her affidavit and money order.

9. Did you include evidence of your residence abroad in the I-130 package? No.

10. Did you mention the fact you reside abroad in the cover letter or write a letter describing your current situation and the evolution of your relationship with your spouse (mentioning your residence abroad)? Yes

11. Has your case been "auto-expedited"? How long between NOA1 and NOA2? NOA 1, 23th April, NOA 2, May 2nd. (10 days!!!! expedited)

VERY HAPPY!

Thanks you guys a lot!

Hi, we have a similar case to you, and our file was just received and forwarded to CSC April 24th. We are also mailing from France for a IR1/CR1 visa for my French hubby. We have been married 8&1/2 years and have 2 dual-national kids and I am also a dual national, but I don't think that helps us any. Let's stay in touch. I hope we're both auto-expedited... I didn't write a cover letter, but I did use my French address on all the forms, so we'll see.

1. Country USC resides in:France

2. Is there a USCIS field office in this country / Is DCF still possible? No

3. When did you file the I-130:April 10, 2012

4. How long had you been living abroad: 8.5 years

5. Do you reside in the country legally? yes, am dual national

6. What is the reason for your residence: dual national

7. Did you list your foreign address on all forms in I-130 package? yes

8. Did you send I-130 package from abroad? yes

9. Did you include evidence of your residence abroad in the I-130 package? no, unless house ownership counts and was understood (didn't translate document!)

10. Did you mention the fact you reside abroad in the cover letter or write a letter describing your current situation and the evolution of your relationship with your spouse (mentioning your residence abroad)?No, I didn't know I should write a cover letter.

11. Has your case been "auto-expedited"? How long between NOA1 and NOA2? Don't know yet, just got NOA1

Hello all!

Here is my situation, almost identical to Laure&Colin's. Let's see how it plays out.

1. Country USC resides in: France

2. Is there a USCIS field office in this country / Is DCF still possible? No

3. When did you file the I-130: End of April 2012

4. How long had you been living abroad: 2.5 years (will be 3 in October)

5. Do you reside in the country legally? Yes (Dual Citizenship French/US)

6. What is the reason for your residence: work permit/student/tourist/other - Pilot on leave of absence

7. Did you list your foreign address on all forms in I-130 package? Yes

8. Did you send I-130 package from abroad? Yes

9. Did you include evidence of your residence abroad in the I-130 package? Yes.

10. Did you mention the fact you reside abroad in the cover letter or write a letter describing your current situation and the evolution of your relationship with your spouse (mentioning your residence abroad)? Yes

11. Has your case been "auto-expedited"? How long between NOA1 and NOA2? We will see!

I'll update the NOA dates as soon as I have them.

Hi, I just wanted to let you know that it took us 16 days to hear anything (email notification that our case had been forwarded to California Service Center), and still no paper notification, but when I go to "check your case status online," we're in the system under "initial review." I was going crazy, thinking that I would have to send another I-130 file in. I actually called the lockbox and spoke to someone who said it could take 4 weeks for overseas applications, and if I hadn't heard anything in 4 months I could talk to someone there about it. That night I received email notification, and I'm sure it was just a coincidence since I hadn't even given the person I spoke to my name. Somehow it makes me feel better to see that we are in the system. As soon as you have your email notification, you will have your case number to check online. I'm still hoping that we will be auto-expedited.....and I hope so for you too and everyone else on this forum.

g

Hey thanks for writing back . was going to use mother inlaw in the US to do excactly that but i end up sending from here and getting a USD check drawn here from Westpac as advised by the Sydney office of the US consular. I sent my app 16 days ago but havent heard anything yet and check hasnt been cashed so im WORRIED!!! most people have had a NOA1 within a week. so not sure what to do now.

sorry we are on the central coast of NSW and you?

You give me hope. I just got word that my I-130 was sent to CSC. I'm crossing my fingers for auto-expedition!

Bam! had no idea that there was such a thing as an expedited queue. And I refused to believe that I got an approval in 9 days until I saw this thread indicating that it is a reality!

1. Country USC resides in: India

2. Is there a USCIS field office in this country / Is DCF still possible? Yes

3. When did you file the I-130: April 16, 2012

4. How long had you been living abroad: 4 months

5. Do you reside in the country legally? Yes

6. What is the reason for your residence: work permit/student/tourist/other - Living with husband on Residency permit (PIO card)

7. Did you list your foreign address on all forms in I-130 package? Yes

8. Did you send I-130 package from abroad? Yes

9. Did you include evidence of your residence abroad in the I-130 package? Yes. They were meant to be evidence of bona fide relationship, but they also proved the USC was residing in India. Like lease agreement and bank statements

10. Did you mention the fact you reside abroad in the cover letter or write a letter describing your current situation and the evolution of your relationship with your spouse (mentioning your residence abroad)? Just had the "from address listed as India"

11. Has your case been "auto-expedited"? How long between NOA1 and NOA2? Yes, 9 days.

I'm beginning to worry that my I-130 is lost. My hubby sent it in on April 10th from France, but failed to send it rapidly. He sent it with a trace, but there is no news on it since 10/13. Two weeks later and nothing. I had also included the document with my email address. Getting very frustrating....We've been married 8 years... I told my hubby to send it ASAP, but he did things his way. Now I'm not sure what to do. Should I send in a new I-130?

meant I-130 not 140!

Hello and Thank you for this helpful thread. From your profile, Laure and Colin, it looks like it took you about 5 months from beginning to end. That's great news for me, since we are also in France. I hope we are lucky enough to be auto-expedited as well. At this point it looks like I will move to the US mid-August, and the my hubby would follow as soon as he has his papers.

I hope all is well for you both!

1. Country USC resides in: France

2. Is there a USCIS field office in this country / Is DCF still possible? No

3. When did you file the I-130: April 2012

4. How long had you been living abroad: 8.5 years

5. Do you reside in the country legally? Yes

6. What is the reason for your residence: work permit/student/tourist/other Married to Frenchman and now have French dual nationality

7. Did you list your foreign address on all forms in I-130 package? Yes

8. Did you send I-130 package from abroad? Yes

9. Did you include evidence of your residence abroad in the I-130 package? Yes. They were meant to be evidence of bona fide relationship, but they also proved the USC was residing in France.

10. Did you mention the fact you reside abroad in the cover letter or write a letter describing your current situation and the evolution of your relationship with your spouse (mentioning your residence abroad)? No, I was not aware that I needed to include a cover letter, or I would have done so.

11. Has your case been "auto-expedited"? How long between NOA1 and NOA2? Too early to say, haven't received NOA1 yet.

Thanks for responding.

Paris just replied to my email saying they won't do DCF with no explanation.

Thanks for your info on the I-864 as well. Who is supposed to file the I-864a?

If you meant DCF (Direct Consular Filing) of the I-130, it's unavailable in France because there is no USCIS field office there. I don't know what DCP is.

You would both fill out the I-864.

Thank you very much for your long and thorough reply to my question. As far as entering the US with a I-130 petition in process, I think my hubby would be okay because we own a house in France, and we'll just make sure he has a return ticket.

I just sent an email off to the Paris embassy asking if we could please qualify for DCP since I am a long-term legal resident of France and also have French dual nationality and we have been married 8 years. I didn't mention to them that I already sent out the I-130 this Tuesday to the Chicago lockbox. I doubt they will let us do DCP anyway, because there is no info about DCP on their website, and it seems that they discourage it.

After working on these forms for a week, I just found out about the CR-1 visa and DCP yesterday. This is an unbelievably confusing process.

Do you know about the I-864 form? Since I don't currently have a high enough income, I asked my father to sponsor my husband and he is willing and able. But now I'm not sure we need to, since we own an expensive house in France. Would it make my petition better if my father sponsored? Also, we are planning on living with my parents in the US until we are settled.

I'm really confused between the I-864 and the I-864a. Would my father and I both fill out the I-864 or does one of us fill out the I-864? I've looked at the instructions to these forms, and have not been able to figure this out!

I almost feel like I'm in a Kafka story, bewildered by all this red-tape!

Thanks again for your help.

This question is a little complicated. First, you should read the CR-1/IR-1 guides on this site to get a sense of the process. You won't be able to apply for the IR-1 visa until the I-130 petition is approved, not after you get a notification of receipt. Generally, after you file the I-130 and it is approved, your case will be sent to the National Visa Center. You'll file the application for the visa and more documentation with the NVC, and when your case is complete, it will be sent to the Embassy in Paris for an interview and the issuance of the IR-1 visa. Although they sometimes process I-130s faster for US citizens who are filing from abroad, the entire process is likely to take more than three months. The K-3 takes the same amount of time, costs more and requires more paperwork, so I agree that it is generally obsolete.

Now, about moving to the US while the I-130 is pending. One requirement for entering the US on a tourist visa (or under the visa waiver program), is that you cannot have an intent to immigrate to the U.S. If you do have an intent to stay, you don't qualify. What this means practically is that sometimes aliens who have I-130 petitions pending are denied entry, because the immigration officer believes that the alien will probably stay and not return home. This is especially true of alien spouses who have U.S. citizen spouses living in the U.S. So, if he does want to come visit, he'll need to bring persuasive proof that he intends to go home at the end of the visit. This could be things like a job he has to get back to, a house or apartment under lease or that he owns, or similar things. The way you're describing it--"Could we potentially move to the US"--makes entering under the VWP problematic for him. Also remember that if someone asks him about where he is living or what he intends to do in the U.S., he can't lie. Misrepresentation can earn him a lifetime bar from the U.S.

The other thing to remember is that although you can estimate the time it takes to get an IR-1/CR-1 visa, it can sometimes take much longer than you expect because of circumstances beyond your control. If it takes much longer than three months, and he has trouble visiting the U.S., you may be living apart from him for awhile.

Generally, people plan their move around the visa process, and not the other way around, but only you can decide whether you should move back to the U.S. before he has his visa in hand. You should be aware of the risks involved in this and do not presume that he will necessarily be able to stay in the U.S. while the application is pending. And remember, he will not be able to work in the U.S. until he has the visa.

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thanks

quote name=cluelessinny' timestamp='1334241754' post='5293799]

it gets worst to have file a i 129f, i was very happy to find out i did not have to. it would have been a longer wait to have more documents mailed to me in america and then they throw them away because the i-130 would get approved first. plus the k3 has an extra 1000 dollar charge

Hi, I just mailed out my I-130 for my hubby to immigrate to the US from France. When I receive notification of receipt, would it be faster to apply for the IR1 or the K3? Also, is the IR1 automatic or do I need to file more forms indicating that we want the IR-1? I've been working on this all week, and am beginning to go a bit crazy with all the options.We live in France, but my hubby wants to move to the US this summer, as in 3 months away. I'm not sure that's a good idea until he has his visa. Could we potentially move to the US, with him on a tourist visa, but he leave before 3 months to wait out his paperwork in France and return to join us?

I appreciate your advice.

Hello,

I have found conflicting answers to the question of whether my French husband can enter the US with us (his American family) and then return to France to wait for his K# visa. I just mailed in the I-130 forms yesterday. As soon as I receive the notification, I will mail in the I-129 and the I-485 forms. Trouble is that we want to move to the US this summer to be there for back-to-school for our children. If my husband comes with us in July, could he stay 2 months, until we have received the notifications in France, then return to France and wait out his visa? This is not my favorite choice, but it seems better than starting the school year part-way through. Our kids are young, 5 and 7, and we're trying to keep things stable.

I appreciate your advice.

Thanks