MrsGrieves

I posted a few days ago some questions about CR-1 visas here: http://www.visajourney.com/forums/index.php?showtopic=208420

BUT! I just found out at 5 am this morning (Best wake up call EVER!) that my hubby's H1-B was approved!!!!! :D :D :D So we don't have to go through the CR-1 Process at all! Just adjustment of status after he's been here at least 90 days and we're golden! I'm so freaking HAPPY right now!

How long does DCF generally take once started? I know I have to actually reside in France for 6 months before filing, but after that, how long does it usually take from start to finish?

if you are already going to france for a substantial period of time, why not stay months and file DCF?

Oh, and yes, you cannot have two visas processing at the same time. If you begin a new one, you must take steps to abandon the first one. Even though the employer filed it, your husband should be able to contact USCIS and abandon the process.

I think we're just going to wait and see what happens with the H1-B...it would be silly to abandon that now, as he's expecting notice any day now about his approval. Me going to France depends on him finding a job that can support both of us. I'm filing for my Carte de Sejour and Livret de Familie (French Visa stuff) anyways though, just in case. But the H1-B could have us together as soon as October or as late as January, which I feel in either instance is quicker than a CR-1. If its not approved we'll file for CR-1 right away, or see what happens with France.

im not 100 % sure but i dont think you can have 2 visas processing. I would suggest not relying on the H1B and just file for the CR1. I filed this past january and my interview is in august-although I did have a couple RFEs that delayed my case. But at least you will be sure with the CR1. good luck and there is another woman (parisheart-beth) who is filing CR1 and going through Paris. message me if you need anything!

Thanks for your reply, Kenza. Thanks also for the name of someone else going through the process...I notice there aren't too many frenchie couples around here, so thats a huge help. Perhaps I'll take a peek at her timeline and maybe shoot her a PM.

So if you can't process two visas at the same time, how could I possibly file for CR-1 since his H1-B is still processing? I don't think either of us have the power to cancel that visa, since his employer and their attorneys are the one who filed for it, not us (well, him). I'll try and look into this further, but it seems a little silly to cancel a visa thats so close to being approved, if this is, indeed the case. I guess in that case we'll just have to wait another month or so to file CR-1. Perhaps he can find another position in the US that would pay for his H1B transfer and we could be together prior to October.

Also, is there any issue with me going to France for a substantial period of time? My mail would be coming to my moms house (since she's planning on co-sponsoring, and I'm a live-in nanny and am not sure how long my address will be the same). Once our marriage is legalized under French Law, I qualify for a family visa and can travel to France for quite some time. Is there anything keeping me from doing this?

Ugh, I knew I shouldn't have gotten as excited as I had. I saw five months on the USCIS site but I didn't realize it transfered somewhere else.

Maybe a little more information would be helpful. I met my husband while he was in the US on a J-1 Intern Visa. He does not have the two year residencey requirement. We just married on July 9th, and are waiting for our marriage certificate to send the I-130 in. The company he interned with back in Pittsburgh has filed for an H1-B for him, and he'll have news on that approval later this summer...end of August/beginning of September. My original question in the K-3 forum was about wether or not applying for an I-130/Cr-1 would have any impact on his H1-B, or vice versa. We considered waiting for the news on the H1B but I know even just another month or two to file could potentially delay our processing far longer than a month or two. So I'm curious if there are any issues with filing a CR-1 while an H1B is being processed and just doing adjustment of status later on down the road, after his first 90 days on the H1B. I don't know how sure of a thing the H1B's are, but I know there was no cap issued this year. The earliest he could be here, in that case, is October...but his company likely can't bring him till January. My biggest concern with waiting until January, is if by the time January comes around, the company doesn't want to or can't bring him over at that point. Then we'd be even further behind...and I don't know if my heart can take all this waiting just piling up!

Thank you for the tips and guides you posted, everyone. I've read the main CR1 guide but its all kind of jibberish to me...I'm still getting used to all the abbreviations for everything. There doesn't happen to be a key of all the abbreviations around, is there?

I was advised over in the K-3 forum that for my particular situation, a CR-1 visa would be more appropriate. I saw on the USCIS timetable that I-130's are taking about 5 months to be processed. I'm a little confused as to the difference...I know that the I-130 is the form you fill out, and the CR-1 is the visa thats given, and I (vaguely) understand that after the I-130 is approved, an interview must be scheduled for my husband back in France. Am I correct so far? How long does it generally take to get an interview, and once you do have an interview, assuming you're approved, how long afterwards can he travel to the US as a resident?

I guess so! I thought the wait time for a CR-1 was like a year but I just checked and its only five months! This sounds way too good to be true! If this is the case, why do people even bother filing K-3?

CR-1, really? I thought you could only apply for that if you were out of the country?

Hello all! I'm a new poster here on VJ but I've been lurking a lot lately, trying to find information about my upcoming visa process. I met my husband last year and we were recently married (July 9th!) in my hometown. It was a small wedding with a few friends and my parents, but it was lovely and perfect. We're planning a bigger wedding for the future, but this was perfect for right now.

I've been doing a lot of reading here lately, and have some basic questions answered already. I hope I'm not repeating a commonly asked question, but I did a search and didn't find too much information about my particular case. Basically, my husband came to the US originally (for the first time) on a J-1 intern visa, working for a company on the East Coast. His J-1 expired April 1st, and he returned to France. He does not have a 2 year residency requirement, and the company that hired him here in the states has also applied for an H1-B on his behalf. He assumes he will find out around the end of August/beginning of September about his H1-B status, but will likely not be able to come for work prior to January, due to budget issues at his company. What we're trying to figure out is if we should wait for the H1-B news before we process our K-3 and I-130, or if we should just go ahead and file once we get our marriage certificate back. We've got most of the documents already to file, just waiting on the certificate to include in the packet. I know cost-wise, it would make more sense to wait for the H1-B to be approved (or denied), but my concern is if it is denied, thats a couple of months we will have to wait to be together. If we do go ahead and file, and then he is granted an H1-B anyways, what, if any, issues would arise? The advantage of coming on the H1-B is that he already has an employment offer and could, in theory, begin working right away. I'm guessing we could abandon the I-130/K-3 at that point and file for AOS, but I'm not sure. If anybody knows anything about H visas or is in a similar situation, I'd love to hear your stories or advice!

Thanks in advance for any replies! I'm so glad there is a forum like this for people like us...I can't imagine how people emigrated before the internet!