Spouse Visa Question (IR1 or CR1)

[dakroww 1]

To anyone who can help answer my questions.

I am a United States Citizen who has been living in Bogota, Colombia for nearly two years with my wife of 1 year and 8 months (We are legally married here in Colombia). I would like to bring her to United States with me, but because I have been living in Colombia for two years I do not have a domicile in the United States, I am although a student in a University in the United States via virtual learning. My wife and I plan on moving to the United States as soon as possible and I am already looking for work in United States and a new apartment. I do have (a good work history) in the United States before traveling to Colombia.

I guess what I need to know is whether or not I need to travel to United States first and begin working and move into my apartment, before I can begin the “immigrant VISA” process to bring my (legal wife) to the United States with me. All the documentation I have looked at online seems to be slightly unclear about my specific situation. Again, I am a legal United States resident, born and raised and I have been living with my wife, who was born and raised in Bogota, Colombia, for nearly two years. We are planning on moving to Austin, Texas where I can begin my professional life again in the United States. PLEASE! I need some information or assistance on the best course of action to take. I do not want to pay for the whole VISA application process now, if I am just going to have to do it again after traveling to the United States.

I feel my biggest obstacle is the fact I currently do not reside or have a domicile within the United States, but I think this is understandable due to the fact I have resided in Colombia for two years.Thanks in advance for any help or assistance you can give to me.

[Pitaya 2,577]

~Duplicate thread removed~

(organizer hat off)

Is Direct Consular Filing (DCF) available at the US embassy in Bogota? Is that a possibility for you?

http://www.visajourney.com/content/dcf

Good luck on your visa journey.

[Ryan H 3,810]

~Duplicate thread removed~

(organizer hat off)

Is Direct Consular Filing (DCF) available at the US embassy in Bogota? Is that a possibility for you?

http://www.visajourney.com/content/dcf

Good luck on your visa journey.

DCF is unavailable in Columbia.

[DearJohn 28]

You can file I-130 petition now, it doesn't matter if you're living in the US or in Colombia. Once the I-130 gets approved (6 to 9 months or more for the approval), it goes to the NVC.

At the NVC stage (3-4 months) you'll need to prove that you're going to establish residency in the US (you'll have to have a job and a place to live there). Also, you will have to file and Affidavit of Support (AOS), which implies to send the last three years of tax transcripts, pay stubs and a letter from employment showing how much money you would be making by then. If you didn't make 125% or above the poverty line the past three years and/or you would not be making 125% or above, then you're going to need a joint sponsor.

Once you're done with the NVC, your wife would be scheduled an interview appointment in Bogota. If she gets approved that day, she will be granted an IR-1 visa (because you would be married for more than two years by that time). Once your wife gets to the US, a 10 years Green Card will be issued and will be sent to your wife by mail.

I recommend you do some research here in VJ, since there is a lot of valuable information that can help you to understand the process, therefore avoiding making mistakes.

Here is the first guide you need to read to start the process:

http://www.visajourney.com/timeline/k1list.php?cfl=&op3=5&op5=&op6=All

Good luck with your journey!

[Abby&Mario 100]

I'm in the same situation as you. Left the U.S. fresh out of college and going on five years later, I'm still abroad, although I've always planned to move back home. Currently, I live in Bogotá with my husband. Reestablishing domicile will probably my biggest challenge, too. Worst case scenario, you go through most of the process and when it comes time to prove domicile, you move back to Austin alone, get an apartment and a job, and then send that evidence.

I know it depends on the country how strict they are with domicile. Spouses of Canadians living in Canada pretty much have to move back to the U.S. without their loved one to prove intent to reestablish domicile. Your mileage may vary. I haven't heard anything specifically about Colombia. Sometimes voting records, bank accounts and moving company quotes are enough, sometimes they ask for a lot more. That's what I've learned reading the forum, anyway.

Edited March 13, 2014 by Abby&Mario

[dakroww 1]

Thanks Abby & DearJohn,

Your posts were both very helpful. Abby, you seem to be in a very similar situation as I am. I will be mailing my I-130 package out next week and I will be moving back to Austin alone (unfortunately) in June to reestablish myself. I do have some good news, I found a good friend who will joint sponsor with me if my lack of US income over the last two years hurts me as far as the affidavit of support goes. Also, I do have a time advantage, because I have been legally married in Bogota since August of 2012 I will automatically receive the IR1 VISA. By the way, where in Bogota do you live? I am currently residing in Alamos Norte.

Don

[pushbrk 12,618]

If you come back and start working several months before your spouse immigrates, chances are you will NOT need a joint sponsor. You cannot qualify based on past income, so you are unlikely (some rare exceptions) to be disqualified based on a lack of past income when you are well employed with income a good margin above what is required.

It's all a judgment call by a Consular officer. If you look like you can support your family, it's a go.

[GringoPaisa 0]

I have been married to a lovely Colombian lady for 15 months. We have lived in Medellin since the marriage. I submitted the I-130 for my wife and two children on Sept. 15, thinking that with the normal processing times, we might hit the two year mark around the time she came to the states (thus being an IR-1). Surprise, surprise!! After exactly one month, I received notice that the two children have been approved and more info is needed for my wife. I will address this as soon as I receive a copy of the 797 (it's in the US, still).

Question right now is this: Anyone have experience with cases being processed this quickly? Possibly for direct embassy processing, in the sense of largely bypassing the NVC wait? Never heard of a one month turn around and just curious what it might mean.