Jorge V

No, don't leave anything blank! The instructions clearly state to write "N/A" or "None" on questions that don't apply so do this. There are posts floating around of people getting RFEs for leaving blanks.

Just answered your question in another thread, but figure I'd provide some insight here as well.

There are no set rules on what is required to establish US domicile. Also, since you are currently living outside of the US you simply have to show an intent to establish domicile. Since your job won't continue in the US you will need to collect other evidence.

• I know you mentioned a letter from your parents in the other thread so that's good.
• If you don't have a US bank account/credit card you could open one now using your parents address. Same thing for utilities such as a cell phone or Netflix.
• A quote from a mover
• You could also buy plane tickets for your move and use that.
• Basically any evidence that shows that you intend to move to the US. There's no defined list so you can get creative.

You also don't need to show this until the interview stage, so you can go ahead and file. Another thing to keep in mind is that you will need a cosponsor on the I-864 (filed later) if you still do not have a US job. Your husband's sponsor will need to make 125% of the federal poverty line. If you happen to have a US job at the time that meets this requirement then you can be his sponsor, otherwise you'll need to find a cosponsor. A cosponsor can be any USC or LPR who has a US domicile, doesn't have to be a relative.

Finally, I'm not sure what you mean about filing 10 months before moving. Could that be a recommendation for non-DCF filers? My wife and I filed our DCF I-130 2 months ago, got approved 2 weeks ago, and we will be moving this week.

6 hours ago, moeandlu said:

no problem about having my parents write a letter. or hope is to move and find a new place to live and jobs once arrived - is this not possible?

 

is the expectation for me to move there before filing so i have a US job at time of filing? this seems extreme

No, this is not the expectation. The expectation is that you intend to establish domicile at the time of the interview, which is typically several months after filing. You are then required to enter the country before or at the same time as your spouse. 

In my case, I had a US based job while living in Mexico but I still wanted to show intent to establish a US domicile. As evidence I used a letter from my mom (we'll be staying with her for a few weeks until we find an apartment), bank statements/cell phone bill with a US address, and a quote from a mover.

Unfortunately DCF is only available at these offices: https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices .

I'm not sure if having a job lined up has any impact. It may be grounds to have your request expedited but I honestly have no clue, someone else might be able to provide insight.

If it turns out that having a job offer has no impact on the timeline, then you'll have to file for an IR-1 the standard way which takes about 12-14 months. Be sure to research any and all options that might be related to her job.

Just now, Jhonny said:

Well the good thing is that this "prepare" us mentally to a long trip and doesn't give us expectations, and if (for a miracle or something) process sets up in speed, well would be a surprise!!!

 

You mean the whole process (from NOA1 to Visa In Hand?)

Yea, from NOA1 to visa in hand. I don't have any actual data and I went through DCF myself so I may be wrong, but I've seen others mentioned that 12-14 months is average with 14 being more accurate.

5 minutes ago, Jhonny said:

For real, follow the Nov 2016 I-130 filer, you both @sundee and @EvdH should be about to receive news form USCIS!!!! It's been too long time...

And starting to be scared about NSC , I know there is a wait, but 10 months is almosta  year, the entire average process!!!

I'm not 100% sure on this but I think the current average process is closer to 14 months.

6 hours ago, Ashlyyynnnn said:

Thank you for clearing that up! Just to be certain, we can apply to the Chicago lockbox while my husband is still in Australia with me so long as we provide intent to domicile?

Yes, this is how it's normally done. Many couples complete the process entirely abroad. The requirements are that the USC travel to the US before or at the same time as the immigrant, and that the sponsors (your husband will possibly at least be a co-sponsor) have established US domicile or can prove intent to establish domicile in the US at the time of filing the I-864. The I-864 doesn't happen until the NVC phase so your husband has plenty of time to establish US domicile.

Just to add to what everyone else is saying, looks like your lawyer screwed up. We started our DCF in Mexico without a lawyer around the same time you did and completed the process (attended interview and received visa) last week. Each embassy is different but I would expect that at the very least you would've gotten NOA2 by now.

Before we started the process I called several lawyers in the US asking for the absolute quickest route and none suggested DCF. I started researching myself and quickly found Visa Journey and the DCF guide, thankfully. I just don't think many lawyers are aware of DCF.

You need to ask your lawyer if you can stop the original application and refile at the London embassy. I personally do not know if this will cause issues, but other VJers might. Continuing the current course will incur a total wait time of 12 - 14 months, more if you get any RFEs.

Forgot to mention that if you were to go the tourist visa -> adjustment of status, your wife will not be able to travel or work until she applies for and receives her advance parole, which takes around 4 months. I believe that the overall processing time (filing -> greencard in hand) for this method is currently 8-12 months.

Yes, DCF is very fast. I just recently (two days ago actually), finished our DCF process and it only took 7 weeks from start to finish. I checked the current processing times for the Athens USCIS office ( https://egov.uscis.gov/cris/ptIntlIntro.do ) and they claim a processing time of less than 1 month. This is the same as my local office in Mexico. Keep in mind that this is only for the first half of the process, it might take a while to get an appointment at the embassy, but you would have to wait for this appointment if you went the other route anyway. Our application took 2 weeks to get approved but the soonest interview appointment was 5 weeks away.

Keep in mind that taking your wife to the US on a tourist visa for the purpose of adjusting her status once she is there is technically visa fraud. You will find some people who have done this but it is generally not recommend. You're only strictly legal options are 1) Standard IR-1 visa which takes 12-14 months or 2) DCF which can take as little as 1 month but it completely depends on your embassy.

Police certificates should only be required for the beneficiary (you), at least that's how it was for my application and others I have seen. 

Just wanted to give a final update in case anyone in the future stumbles upon this thread: We had the interview today and during the initial processing the officer herself noticed different birthdays on her computer and on my wife's passport. She said not to worry and that she would fix it, which she did right then and there.

As @fcl mentioned, you can obtain it from the state office. We recently obtained ours in Jalisco for only a few pesos. Obviously that doesn't help much if you're in the US, but if you have family in Mexico they may be able to get it for you.

Definitely have his parents get a few certified copies of his birth certificate. The first step should only require photocopies but you'll definitely need originals for the consular section. It's good to have a several certified copies on hand just in case.

You can also have them sign letters in support of your bona fide marriage. Most users here agree that these letters have little to no impact, but it should only take a few minutes to have them sign something and it definitely won't hurt your case.

If you plan on using your spouse's parents as sponsors on the I-864 it might be a good idea to get them to fill it out now. You won't need the I-864 until the consular phase of the process but it'd be good to have signed copies on hand if needed.

Also, any sort of documents that your husband may need. Things like financial documents that can't be obtained online, utility bills or other evidence showing your husbands intent to establish domicile in the US, etc.

10 minutes ago, Jhonny said:

Well, thank you, really.

Well I have to say that we are ready to send all to USCIS next Aug 21th , so my Visa Journey, will finally start, next steps ,create Visa Journey Timeline, and be prepared to challenges and adventures, GOD help me and every others in this crusade!!!! From the bottom of my heart!

And very important, based in my own experiences, keep visiting the forum and help anyone who get's stuck in anything, or just wanted to be informed!

Thanks for the help and I'm just Starting!!!! And you have been a really very appreciated help!

Will keep in touch...I'm just opening the book!

Good luck with everything!

One question, I see that you're in Cuba. Are you going the DCF route since they have a USCIS office? Is DCF even allowed there?

Yes you can put in multiple names in the Family Name field. If your last names are Garcia Gonzalez then put both in that field.

1 hour ago, wells89 said:

We're planning to file at the UK consulate, and I'm so paranoid after everything we've had to do in the past for a UK visa for me... Can anyone verify what documents we need to submit with the I-130 that have to be originals? For example, do we need to send our actual passports or just photocopies? The guidelines say something like "a copy of..." and I'm being pedantic and anxious questioning whether that means a photocopy or just the actual, original (or certified copy) document.

The I-130 instructions ( https://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf ) state the following:

Copies. You may submit legible photocopies of documents requested, unless the Instructions specifically state that you must submit an original document. USCIS may request an original document at the time of filing or at any time during processing of an application, petition, or request. If you submit original documents when not required, the documents may remain a part of the record, and USCIS will not automatically return them to you

Following those instructions, I did not send an original for anything along with the I-130. You'll likely have to provide originals for the embassy phase.

Awesome. Handwriting is definitely allowed and I think a good number of people end up handwriting something. Other examples of things I hand wrote are: phone numbers (acrobat wouldn't allow the + character for the country code) and fields that I had simply forgotten to fill out before printing.

Definitely fill unused questions with N/A. Others have had their applications delayed due to requests for evidence after leaving blanks.

I don't think USCIS has a preference when it comes to capital vs lower case letters. I wrote mine normally, capitalizing the first letter of names/cities/etc. Just make sure that what ever you write is clearly legible.

For your spouse's signature, the I130 instructions say: "If your spouse is overseas, Form I-130A must still be completed, but your spouse does not have to sign Form I-130A." Notice how it says that your spouse *does not have to sign*. He/she still can, but it's not required if overseas.

I'm not sure why it's not letting you type in anything in those fields. Are you using Adobe Acrobat as recommended? Is it up to date? I had no problem filling out all questions using Acrobat. Keep in mind that the fields are validated. Some will not let you type in letters where a date is expected.

Regardless, do not leave anything blank! Especially if you know what should go in there. For Employement History 4b, simply print it out and then hand write it in. My i130 was mostly filled in via computer but many fields I hand wrote. I had to hand write "N/A" in a lot of places as the "/" character was not allowed.

1 hour ago, Mo Schmid said:

 

Thanks man. Great stuff.

 

How is it possible your process was so fast, wow, great! I hope it's so fast for us too.

 

Do you have a Mexican marriage certificate? If so, did you send "only" the short acta de matrimonio i.e. marriage certificate (which has the witness addresses etc), or the other longer version?

 

Cheers

 

 

Our application is getting processed quickly (about 7 weeks from start to finish) because we're using DCF (direct consular filing). Unfortunately DCF isn't available in Canada, only in these countries: https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices .

A normal CR-1/IR-1 application is processed through one of five USCIS offices in the US. These offices receive hundreds of thousands of applications a year, leading to backlogs of 8+ months. Once one of these offices processes your app, they'll send it to the NVC (National Visa Center), which not only has its own backlog (4+ months I think), but also introduces delays when shipping your app from USCIS to NVC. The NVC will review your app and if approved, will forward it to your local embassy. This step can also take a few weeks. Add all this together and you get the often quoted 12-14 months.

DCF allows you to file directly at one of their international offices listed above if both spouses reside in the relevant country. The benefit is that these offices have a very small backlog. The one in Mexico City, for example, has an official backlog of less than a week. DCF also skips the NVC phase as the international USCIS office forwards your app directly to your embassy. I went from submitted to the equivalent of "Case Complete" (end of NVC phase) in only two weeks. The remaining five weeks have simply been waiting for our interview.

As far as marriage certificates, we got married in Mexico and we do have a Mexican marriage certificate. I'm not sure about short vs long though. I wasn't even aware that there were multiple types of marriage/birth certificates in Mexico (I do know that there are different ones in the US). We simply went to the office where we got married and requested certified copies with no mention of long or short. The document itself is larger than letter size ("tamaño oficio" in spanish). It has the list of witnesses and their addresses. Same thing for my wife's birth certificate.

I'd just like to pitch in and answer some of your questions that stood out. I'm petitioning my Mexican citizen wife for a CR1 and we're currently at the tail end of the process (interview next week).

- As far as how to assemble the packet, you can use binding clips as others have mentioned. I used a three ring binder and it helped better organize myself. If you go this route, don't punch holes in any document. I used those transparent document holders: https://www.google.com/search?safe=off&biw=1680&bih=949&tbm=isch&sa=1&q=binder+document+protectors&oq=binder+document+protectors&gs_l=psy-ab.3...26173.28084.0.28196.16.11.2.0.0.0.251.1192.0j3j3.6.0....0...1.1.64.psy-ab..9.0.0.Rd7IFsXpfKE

- I filled the I-130 electronically and then hand wrote "None" or "N/A" everywhere that needed it. I read a few posts on here where people got RFEs after leaving blanks. I had to handwrite N/A as many fields would not allow non alphanumeric characters.

- I seriously recommend assembling the packet yourself. I was quoted USD$4,000 and USD$4,500 by two lawyers on top of the $1,500 or so fees required by the government. There are plenty of examples online and it's really not that complicated. I know those visa services are much cheaper but I still don't see the point. You still need to collect all the information yourself and pass it along. They simply fill out the documents with the information you provide. They can verify that everything is correct with your packet, but you can do that yourself with some research.

- I asked both lawyers if my wife could travel to the US on her current B1/B2 visa while her case is pending and both said that normally yes, but being from Mexico makes it much more difficult. One lawyer said that he had seen Mexican citizens with strong ties (job, family, active rental lease) turned away by the CBP officer. 

- I created photo collages to save on pages. I simply hand wrote descriptions, dates, names, and phone numbers next to each image.

- I also included affidavits in support of our bona fide marriage. I know they don't carry much weight, but it only took me a few minutes to get them from a few friends and family members.

- I had the same question about having to translate and include long lease agreements. I even emailed USCIS in Mexico and specifically asked them about this as I did not want to include all pages. They replied by saying that, while not required, they may want to see the whole thing and a RFE would delay things. I opted to not risk it and translated and included every page.

- I did the translations myself

- You mentioned that your wife has a B1/B2 visa that is valid for 6 months at a time and for several years. Keep in mind that she cannot use this visa to essentially live in the US. If the CBP officer notices that she's using her tourist visa to spend 6 months at a time in the US she will be denied entry. The B1/B2 visa is meant for occasional short trips.

For me and others doing DCF the invoice number is the applicant's birthdate in YYYY/MM/DD format (with or without slashes). Have you tried that?

24 minutes ago, Coco8 said:

IR1/CR1 visa for spouses takes 12-14 months.

 

Maybe the people that took a shorter time are those who are both living in the UK. If both spouses are in the US they can do DCF -- direct consular filing- and it takes a few months. But that does not seem to be your case.

 

There is, however, variation, so it could be + 1 month, - 1 month.

 

It could also be that you are looking at other visas. A fiance visa takes 6-8 months. 

 

 

Slight correction on this (I'm guessing a typo). If both spouses are in the UK* they can do DCF.

The US citizen must also have a resident visa. Living in the UK on a tourist visa does not count.

As mentioned this process is much shorter. My wife and I are currently going through the DCF process and we have our interview on August 15, only 50 days from filing the I-130. If we had not done DCF this would've taken 10-14 months as mentioned.

No problem! I'm hoping to create a similar one for Mexico, but this one helped me even though it was London specific. Do keep in mind that some of the things on that page are outdated (such as the filing fee for the I-130) so be sure to double check everything!

Someone made a wiki entry detailing the DCF process in London, http://www.visajourney.com/wiki/index.php/DCF_London . It might help.