IR-1/CR-1 Questions

[Lijo&Sarah 0]

Hi, We are just embarking on this journey! Please help us and set us at ease!

I am a US Citizen married (wife) to an Indian (husband). We both currently live in India. We were married in November of 2007. We plan to submit the I-130 next week in Delhi.

Questions:

Will my FRO registration paper, utility receipts, and affidavits be enough to show that I am living in India. I am on a tourist visa, but have registered at the FRO and can stay in India until 2014. I don't want to be sent to the US to file this.

After we submit the I-130, what will be our next step?

When should I have the I-864 forms ready to submit? If I know that I cannot meet the requirement, how soon do I need the forms from the joint sponsor? Can I get the forms online now, or do they send them to me?

How will I be notified? Is it in writing to the address on the I-130 form, or by phone? I'm nervous that I may not receive a vital piece of mail at my current address. Many people talk about communicate via email... but I see no place for an email address on any of the forms.

When I submit the I-130 form, what other documents to I have to present at the same time? (ie... the G-325a, Marriage certificate?, photos, etc...) I have read the instructions for the form, but I'm looking for advice from others.. I don't want to forget something. Do wedding photos get submitted with the I-130, or are they for the interview?

When should he get the medical done?

Also... after we get to the US, what will we have to do after arriving (to get a work permit) and how soon would we be able to return to India (and how long can we stay abroad)?

If we move back to India(after a year or so), does my husband loose his work permit? If so, does the whole process start over?

[Malrothien 6]

Hi, We are just embarking on this journey! Please help us and set us at ease!

I am a US Citizen married (wife) to an Indian (husband). We both currently live in India. We were married in November of 2007. We plan to submit the I-130 next week in Delhi.

Questions:

Will my FRO registration paper, utility receipts, and affidavits be enough to show that I am living in India. I am on a tourist visa, but have registered at the FRO and can stay in India until 2014. I don't want to be sent to the US to file this.

You can file from India, but you have to send your petition to the US. DCF cannot be done unless you're on a more permanent visa.

After we submit the I-130, what will be our next step?

Waiting. Until you are approved, then the NVC step will happen. Read the guides to familiarize yourself with that process.

When should I have the I-864 forms ready to submit? If I know that I cannot meet the requirement, how soon do I need the forms from the joint sponsor? Can I get the forms online now, or do they send them to me?

You can get them ready, but do not sign them until you actually send it. You'll need the joint sponsor's paperwork at the same time as you submit your own paperwork.

How will I be notified? Is it in writing to the address on the I-130 form, or by phone? I'm nervous that I may not receive a vital piece of mail at my current address. Many people talk about communicate via email... but I see no place for an email address on any of the forms.

When you're filling out the forms, there is a place for email to be put in. Otherwise, USCIS is all done by mail.

When I submit the I-130 form, what other documents to I have to present at the same time? (ie... the G-325a, Marriage certificate?, photos, etc...) I have read the instructions for the form, but I'm looking for advice from others.. I don't want to forget something. Do wedding photos get submitted with the I-130, or are they for the interview?

G325A for both you and your husband, copy of your marriage certificate, a few joint bills, passport sized photo for both of you etc. Wait to send wedding photos until the interview.

When should he get the medical done?

I would wait until you get your interview date.

Also... after we get to the US, what will we have to do after arriving (to get a work permit) and how soon would we be able to return to India (and how long can we stay abroad)?

With a CR1 visa, you do not need work permit as you will automatically be a permanent resident upon entering the US. You can return to India as soon as you want - however, you can only stay outside of the US for 6 months or less.

If we move back to India(after a year or so), does my husband loose his work permit? If so, does the whole process start over?

For CR1, you never get a work permit. I would suggest reading the guides to understand fully what you are filing. Otherwise, if you move back to India, you forfeit your green card and will have to responsor your husband if you wish to return to the US. If you do not want to have to worry about where you live, file for citizenship after being in the US for 3 years after he gets the visa.

[redglasses 1]

You should check with the US embassy in New Delhi whether you are eligible for DCF or not with the type of Indian visa you have.

In general, you are not considered to be a resident of a certain country just having a tourist visa.

Also, check the US embassy New Delhi website.

I think a lot of your questions will be answered here at http://newdelhi.usembassy.gov/uscisi130pet.html

Edited September 8, 2009 by redglasses

[Lijo&Sarah 0]

Thanks for your prompt responses!

I have read on other forums where people with FRO registration were allowed to file from Delhi (they made no mention of the visa though). I have utility receipts and affidavits that show that I've lived in India for at least the last 2 years... but I've been here for 4. My last entry was in January.

Do I need to include a cover letter with the I-130?

[redglasses 1]

Thanks for your prompt responses!

I have read on other forums where people with FRO registration were allowed to file from Delhi (they made no mention of the visa though). I have utility receipts and affidavits that show that I've lived in India for at least the last 2 years... but I've been here for 4. My last entry was in January.

Do I need to include a cover letter with the I-130?

I don't think you would need a cover letter since you are filing the petition in person.

We didn't need one for Tokyo at least, but I am not sure how things are in India.