sajan953

Ive read directions online, but I still cant seem to figure out... does my husband have to have property on his name and already have bought a plane ticket before applying?

I am a USC living abroad (on a tourist visa that will become a citizenship before child). I was wondering when I have a child, whether they get automatic US citizenship? And how? 

I am a USC living abroad (3 years) with my huband. 

We applied in NOV 2016 with an I130, but we decided to stay abroad and not go through with the IR1. 

I have family (parents included) living in the US, and we would like to visit them every now and then, so my question is... how would a spouse of a USC go about getting a tourist visa? 

Is the process exactly the same as for everyone, harder? 

11 hours ago, gryphon said:

It was definitely greater than 5 months on the site.  I remember this because it had an actual date they were working on as opposed to "5 months" if it were on track. I can't recall the actual dates though.

Thank you so much! 

Have you called NVC?

8 hours ago, ShanghaiSurfer said:

Thank you. Your comments are very helpful. So if I undertsand you correctly, I would estimate I would get my CR-1 approval maybe one month earlier than K-1 (unfortunately Chinese New Year is this upcoming week so government offices shut down). But the real advantage is my fiancé would get her SS and Green Card straight away. And of course lowers costs. Is this correct?

 

On income I'm okay as my pay is out of US anyway and would continue back in America. 

Correct. You would probably get CR1 approved about the same time you would get K1 (since a month or two have already passed since you filed), but your spouse would get SSN and be able to work right away, and it is cheaper (and less paperwork after POE). 

10 hours ago, NikLR said:

K3 are obsolete. 

USCIS really needs to take it off their site, its pretty confusing. ?

17 hours ago, Tab6282 said:

I think you misunderstood. He would only be coming to visit....he would not be staying. He is returning home. We are filing for the CR1 after we get married this summer.

Ok, just putting that out there. 

When you file the CR1 he will be able to visit shortly, but move only when visa is in hand. There is no filing while in the US. 

I think your original post was a bit confusing for all of us. Sorry if we misunderstood! 

Good luck!

17 hours ago, angela_garcia23 said:

You can only look at past experience but there is no way of knowing that it will be exactly the same. What I  would recommend is for you to look into October 2016 filers and that will give you an idea. If they haven't been getting approved yet then you'll have an idea at the processing times right now. That's what I did when I was in your shoes. I would follow the October cases and once I saw they were being approved I knew I was close by as well. I hope this helps you in some way. 

I dont think you really understood what I was trying to ask, since it has nothing to do with when my case will be approved.. but thank you anyway for sharing your approval and trying to help ?

On 1/12/2017 at 4:01 AM, Tab6282 said:

We are planning on bringing his son to live with us after we get him here and settled. His son will be staying with family while he visits. 

For your fiancee to go to the US on a tourist visa with the intent to stay and file for an immigration visa... is fraud. Whether it be during this visit or the next. Your fiancee could get a permanent ban, and not ever be able to immigrate to the US. Just to clear that up ? His son is probably not a tie that will be good enough for them. Many people have to give evidence of job, property ownership, etc and still dont get approved. But depends from person to person really. 

You could do a K1 visa (average 6 month process), but if your wedding is fixed on June 3rd, then maybe your only option is CR1 (average 10 month process) since you might not get K1 in time for your wedding. Keep in mind though that with CR1 he can bring his son with him, and work in the US right away. ? its also cheaper and he can get citizenship faster!

The tourist visa means nothing in your situation, except that she can continue to visit you. 

Regardless of the tourist visa, she cannot go to America on a tourist visa with the intent to file for immigration. 

4 minutes ago, angela_garcia23 said:

It took 4 months for us to get approved. Our case was from November 24 and we recieved approvement on March 31st. 

The estimated processing time on the USVIS website at the time is what I am interested in. I was wondering if it was 5 months, or maybe 6 months like it is now? Trying to see if there is a pattern or not.?

Considering you filed in December (1 month has passed), you have about 5 more months to go.

You can choose to get married right away and switch to CR1. Since China has 2 field offices, your CR1 will be a lot faster than the average. 

Going the CR1 route, the foreign spouse will be able to work/get their SSN after entry into the US, as with the K1 they cannot for a few months. The fees for CR1 are less expensive. But you need a good deal of money in your bank account or need to get someone in the US to sponsor you guys. Since you will be quitting your job in China upon visa approval. 

The length of the marriage does not matter, and once you get married your K1 is terminated. The I130 does ask if you have filed an I130 before, but it shouldnt be a problem that you changed your mind about the K1. Especially since you are filing for the same person. 

CR1 does not usualy take 12-18months. It all depends on many things, but 10 months is more like it.

Unfortunetly no, Turkey does not have a USCIS office. You cannot DCF. 

CR1:

-10months

-Can work/study right away

-Can get your citizenship faster

-Cheaper fees

K1:

-6 months

-You dont get a SSN right away/cannot work

-Slower path to citizenship

-More expensive fees

I think you mean CR1, because you are not elligable for IR1.

IR1 filers have to be married for 2+ years. CR1 if married under 2 years.

And even if K1 takes 6 months, CR1 takes longer! 

On 1/7/2017 at 1:16 AM, kbmoon said:

Thank you all for the quick and informative responses. Awesome community. Would anyone recommend using service such as rapid visa or even a lawyer? I ask because I would not like to have any delays or mistakes along he way. Thank you again for the help! Much appreciated 

It would just be a waste of money (for an already expensive procedure) in my opinion. As long as you use this website, read all instructions etc... you will be fine. Majority of us on this site filed without a lawyer or rapidvisa. Especially if you plan to do the K1/3... thats a fast process. 

Just remember that if you do do Cr1, that she will have to give a good deal of evidence that she intends to return to Canada (is just visiting you) during the process. There have been people on the site that have thought they could travel from Canada to the US without any problems during their CR1 processing... and got a not so pleasent surprise at the airport. 

On top of the fact that it would be illegal (as one member stated) for your spouse to file from the US.. it takes MUCH longer to get approved for a CR1. You may be looking at up to 6 months to get approved for K1/K3.. But only the first part of the CR1 takes 5/6 months!

Sure with a CR-1 your spouse can work and get their social security upon entry to the US, but it will take almost double the time for them to actually get into the US. 

You do have the option to get married and be in South Korea and file for CR1 from there, although im not well informed about Koreas working rules. 

From someone who is doing IR1 from overseas... I recommend you do K1/K3 if you are trying to get your fiancee to the US asap! But in the end its your choice!!

P.s. My aunt brought her fiancee over in 3 months through K visa. So it can be less than 6 months. 

Usually when your case gets complete at NVC your info goes to N/A. Although if you got an email 1 month after submitting your forms, then you must of forgot to print off the confirmation page when you finished completing (or they misplaced it). Call NVC on Monday, if you have not already.. and see if you can fax or email your confirmation code. Much faster and cheaper than mail. 

Usually you would need to bring that up during interview... but since they have your passport info, and still approved you, you SHOULD be fine. Id call NVC to make sure though. 

You do have the option of calling the embassy (which is faster than email). I suggest calling them and finding out what exactly happened. NVC cannot really help you any there, since the case is out of their hands. 

Every case is different, as you probably already know. Did you send through mail or fax?

If you have no job.. your mother can sponser you if she can meet income requirements. If you have not done taxes though, then you just need to attach a letter explaining why you were not required to do so. Your mother needs last 3 years of tax transcripts, w2 if she joint files, proof of emplyment, and proof of citizenship. 

Like so:

-I864 (yours)

-Letter explaining reason why you were not required to do taxes (you can incluce the taxes from before when you were required to)

-Proof of US domicile (or intent to reestablish)

-I864 (your moms)

-Last 3 years of tax transcripts

-W2 (if applicable)

-Proof of emplyment (i.e. letter from emplyer or pay stubs)

-Proof of citizenship 

We are also filing from abroad, where I have no job.. but I am still a dependent in America on my parents' taxes. My income and assets are $0. But my father is able to sponser fully because his income alone is above requirement. Hope this helps ?

8 hours ago, Japryor1 said:

It took me about 7months to get approved at uscis 

Do you remember what the processing time was on the USCIS website? 

Im a November 2016 filer. 

If any of you Nov. 2015 filers still get on VisaJourney.. Id like to ask at the time you were waiting for your approval at USCIS, do you remember what the estimated processing time online was? 

We are at Nebraska, and currently they are processing from 6 months ago (July), so I was wondering if that is a reoccuring this for the winter maybe... or just this year.

1 hour ago, Mary Lou said:

Attorneys don't make the process any faster, in fact they make mistakes also. They can only go by the information you provide them, if something is wrong  in the information you provide, then they have no way of knowing that. 

The guides are very helpful and I filed my husband's CR1 myself.

Good luck!!

Thats why I said "usually" and "more avoidable." ?

Of course they can make mistakes.. as any human can..

Instead of researching everything yourself, and finding some misleading information.. An experienced (in this field) attorney will be able to help you know/get what you need or answer some questions that usually youd ask on here. If you give them wrong information, its not their fault. 

We filed for IR-1 by ourselves, and I personally think that an attorney isnt needed with the right research and time. But I cant deny that they have made others' processes run more smoothly (My aunt did a fiancee visa 3 yrs ago with an attorney- which helped her a great deal). Especially when I see some people get RFEs because of something they didnt know.. (maybe their English isnt that great or they dont have a lot of time to research what they need for themselves)

Unfortunetly not everyone knows of this website either. 

Good luck, I see that you guys are almost halfway through the USCIS wait ? 

We are right behind you!