I'm lost about the procedure with IR-1 PLEASE HELP

[Phoenyx 0]

Hi everybody,

I really need some help with the visa process. My husband is an American citizen and I am from Spain. We got married in UK. We have been married for 2 and half years now. He recently moved out to New York for work and I want to join him there. We are completely lost about the procedure.

It seems we have to file for petition 130 and wait for approval. Meanwhile, there is the option of k3 visa while we wait but it seems this visa is obsolete. So what happens then? Do I have to wait til the petition is approved for me to get the IR-1 visa? How long can this take? Can I travel to the USA to see my husband while the petition is being processed? We have been apart for 2 months now, trying to save up money for all this, and I want to see my husband. Can someone guide me a little bit please? Thanks a lot in advance!!!!

[Mark88 183]

Do I have to wait til the petition is approved for me to get the IR-1 visa? How long can this take?

That is exactly how it is. It will take anywhere from 6-18 months, sometimes less, but most times you're more on the longer side. Since the goverment shutdown, it doesn't look like petitions are beeing processed anywhere under 12 months.

Can I travel to the USA to see my husband while the petition is being processed?

If you have a valid visitor visa, or can travel under VWP you can visit him.

Can someone guide me a little bit please?

If you would live in the UK, you could have done DCF. This way the visa would be issued anwhere from 6 weeks to 3 months.

Read the guides: http://www.visajourney.com/content/guides

[Phoenyx 0]

That is exactly how it is. It will take anywhere from 6-18 months, sometimes less, but most times you're more on the longer side. Since the goverment shutdown, it doesn't look like petitions are beeing processed anywhere under 12 months.

Really? This is horrible!!! The government expects families to be apart for a year? #######? (Excuse my language)

If you have a valid visitor visa, or can travel under VWP you can visit him.

In Spain, we just need to fill out the ESTA visitor visa in order to travel to the US. I am asking this because if it's going to take this long, at least I need to be able to visit him.

If you would live in the UK, you could have done DCF. This way the visa would be issued anwhere from 6 weeks to 3 months.

Read the guides: http://www.visajourney.com/content/guides

Oh we didnt know this. Shame I no longer live in the UK. I am in Spain now

Is there any other way for me to join him faster? It seems I cant adjust status if I am on a visitor visa....

[Lakehouse 293]

I'm not clear on details, but I suppose if you were to obtain a working visa, and then adjust status while working in the US, at least you could be together.

If it's anything like Canada, there are certain occupations for which working visas are achievable faster than other lines of work.

Unfortunately, I don't know the system nor the timelines for such visas in the US, but perhaps it's an option.

[Phoenyx 0]

I'm not clear on details, but I suppose if you were to obtain a working visa, and then adjust status while working in the US, at least you could be together.

If it's anything like Canada, there are certain occupations for which working visas are achievable faster than other lines of work.

Unfortunately, I don't know the system nor the timelines for such visas in the US, but perhaps it's an option.

Thank you for the suggestion. I will look into it as well

[B & G 200]

Yes.. unfortunately it does take that long and longer. My husband and I filed in Aug and we arent expecting anything to happen any time soon. We are resigned to the fact that my visa will be issued somewhere in summer of 2014... god forbid if not longer!

There is no fast or easy way of doing this.

Another poster mentioned a work visa. It is an avenue you can look into, but work visas are hard to come by. You'll have to find a company that is willin to sponsor your work visa and then get lucky that a work visa is available.

As for visiting your husband while you are waiting, you can, just make sure you have ties to spain eg. a job, an apartment/house etc.

[barbara360 6]

unfortunately there will be a wait no matter what---> at least if you can travel under VWP you can visit, there are some people who can't even do that! Once you get past all the waiting it will be worth it!

Good luck !

[Phoenyx 0]

I can travel under VWP but still the trip to the US from Spain costs a lot of money. I cannot believe they do this to families! The work visa is not an option. I have looked and it's difficult to get since I dont have a job offer from the US. What if my husband was with me in Spain? Could we apply from here?

[lost_at_sea 995]

I can travel under VWP but still the trip to the US from Spain costs a lot of money. I cannot believe they do this to families! The work visa is not an option. I have looked and it's difficult to get since I dont have a job offer from the US. What if my husband was with me in Spain? Could we apply from here?

Yes. If he can reside in Spain with you, that's fine. He doesn't have to be living in the US to file.

Later, when completing the I-864, he'll need to show he has a US domicile (or is intending to reestablish one or that his stay outside the US was temporary) if he is still outside the US at that stage.

[Phoenyx 0]

Yes. If he can reside in Spain with you, that's fine. He doesn't have to be living in the US to file.

Later, when completing the I-864, he'll need to show he has a US domicile (or is intending to reestablish one or that his stay outside the US was temporary) if he is still outside the US at that stage.

We dont own a house in the US so how do we do that? I am sorry if this is a dumb question but I am just trying to see what our best option is. Thanks

[lost_at_sea 995]

We dont own a house in the US so how do we do that? I am sorry if this is a dumb question but I am just trying to see what our best option is. Thanks

Domicile doesn't mean, like, literally the house that you live in. You don't have to own a house! You have to show you have a life there, or one you're going back to/starting. People use evidence like a job in the US, voting records, car insurance/driving licence, rental/mortgage agreements.

If he has a job in the US he's started, can he put that job on hold and plan to go back to it? Do it temporarily from abroad? He must be living somewhere while he's in NY - what do you plan to do with that place if he comes back to Spain to wait?

Edited November 19, 2013 by lost_at_sea

[Phoenyx 0]

Domicile doesn't mean, like, literally the house that you live in. You don't have to own a house! You have to show you have a life there, or one you're going back to/starting. People use evidence like a job in the US, voting records, car insurance/driving licence, rental/mortgage agreements.

If he has a job in the US he's started, can he put that job on hold and plan to go back to it? Do it temporarily from abroad? He must be living somewhere while he's in NY - what do you plan to do with that place if he comes back to Spain to wait?

He is renting a room right now. He's taking a master degree that can be taken online as well (thats why he can travel), would that be something considered "a life in the US? he can go back to finish his studies,

[Mark88 183]

I'm not clear on details, but I suppose if you were to obtain a working visa, and then adjust status while working in the US, at least you could be together.

If it's anything like Canada, there are certain occupations for which working visas are achievable faster than other lines of work.

Unfortunately, I don't know the system nor the timelines for such visas in the US, but perhaps it's an option.

It might be a tad easier for Canadians, but even if she would qualify for a work visa, it will take anywhere from 5 months to over a year to get (plus $1K's in fees). And since you are married to a USC, your visa is most likley to be denied.

Is there any other way for me to join him faster? It seems I cant adjust status if I am on a visitor visa....

No, and anything short of the timeframe I mentioned above would be unrealistic. It's better to prepare yourself, that you will be spending around a year waiting to join him. Adjusting on a visitor Visa would lead most likely to deportation, since you must proof that you entered the US with no intention to immigrate.

I cannot believe they do this to families!

Get use to it, that's just USCIS for you.

What if my husband was with me in Spain? Could we apply from here?

Your husband ofcourse can move to Spain and wait with you there. A petition can be filed anywhere in the world. If you however live in a country (i.e. UK, Germany) where DCF is offered, you can get the IR-1/CR-1 done in as fast as just 6 weeks!

[lost_at_sea 995]

He is renting a room right now. He's taking a master degree that can be taken online as well (thats why he can travel), would that be something considered "a life in the US? he can go back to finish his studies,

Yes. Also, paying his taxes, and other things I mentioned above. It's actually not too bad to prove. It's just something to keep in mind if you decide to file from abroad - folks who file with the USC in the States don't have to think about it.

Edited November 19, 2013 by lost_at_sea

[Phoenyx 0]

It might be a tad easier for Canadians, but even if she would qualify for a work visa, it will take anywhere from 5 months to over a year to get (plus $1K's in fees). And since you are married to a USC, your visa is most likley to be denied.

No, and anything short of the timeframe I mentioned above would be unrealistic. It's better to prepare yourself, that you will be spending around a year waiting to join him. Adjusting on a visitor Visa would lead most likely to deportation, since you must proof that you entered the US with no intention to immigrate.

Get use to it, that's just USCIS for you.

Your husband ofcourse can move to Spain and wait with you there. A petition can be filed anywhere in the world. If you however live in a country (i.e. UK, Germany) where DCF is offered, you can get the IR-1/CR-1 done in as fast as just 6 weeks!

Thank you for the info. I wish I knew about the DCF when I was in the UK!

Yes. Also, paying his taxes, and other things I mentioned above. It's actually not too bad to prove. It's just something to keep in mind if you decide to file from abroad - folks who file with the USC in the States don't have to think about it.

I will explain all this to my husband. Thank you!