IR1 Please help...so confused!

[lahice 0]

My foreign husband and I have been married for 10 years.

After our marriage, I successfully petitioned for him to come to the US. We stayed in the US for 2 years and then moved back together to his native country.

Now we want to move back to the US.

I came with our 3 children in August and am trying to find out the fastest way to get him here. My questions:

1. It seems the IR1 process is the quickest...is this true?

2. On the I-130 form under information about your alien relative, do I list our children in this section even if the children are US citizens??

3. On I-130 form, question 16: Has your relative ever been under immigration proceedings: are they talking about going thru the process of immigrating to US or are they talking about if something happened and he was forced to leave US??

4. Under section D/Other information: It asks have I ever filed a petition for this alien? Do I answer yes and list his previous approval to enter the US back in 1999?

THANK YOU SO MUCH TO ANYONE WHO CAN ANSWER!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[christeen 966]

My foreign husband and I have been married for 10 years.

After our marriage, I successfully petitioned for him to come to the US. We stayed in the US for 2 years and then moved back together to his native country.

Now we want to move back to the US.

I came with our 3 children in August and am trying to find out the fastest way to get him here. My questions:

1. It seems the IR1 process is the quickest...is this true? [/color]The IR 1 will cause the least amount of hassles AFTER approval since once approved, upon entry he is able to work etc... and no Adjustment of Status is required (saves you $1010)

2. On the I-130 form under information about your alien relative, do I list our children in this section even if the children are US citizens??[color=#FF0000]No, not if they are US citizens... You will have to count them on your 864 fiancial documents as dependents for calculating income purposes

3. [/color]On I-130 form, question 16: Has your relative ever been under immigration proceedings: are they talking about going thru the process of immigrating to US or are they talking about if something happened and he was forced to leave US??[color=#FF0000]No, immigration proceedings are in regards to overstay of visa, deportation, visa violation etc...

4. [/color]Under section D/Other information: It asks have I ever filed a petition for this alien? Do I answer yes and list his previous approval to enter the US back in 1999?Correct, you will have to tell them about the privious application/approval.

THANK YOU SO MUCH TO ANYONE WHO CAN ANSWER!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Edited October 14, 2009 by christeen

[b1978 0]

1) Yes, I would recommend the IR1 process. It is the fastest right now.

2) Yes, list all his children.

3) Something if he was forced to leave, select No.

4) Yes, put him in this section.

-------------------

Brandon

My foreign husband and I have been married for 10 years.

After our marriage, I successfully petitioned for him to come to the US. We stayed in the US for 2 years and then moved back together to his native country.

Now we want to move back to the US.

I came with our 3 children in August and am trying to find out the fastest way to get him here. My questions:

1. It seems the IR1 process is the quickest...is this true?

2. On the I-130 form under information about your alien relative, do I list our children in this section even if the children are US citizens??

3. On I-130 form, question 16: Has your relative ever been under immigration proceedings: are they talking about going thru the process of immigrating to US or are they talking about if something happened and he was forced to leave US??

4. Under section D/Other information: It asks have I ever filed a petition for this alien? Do I answer yes and list his previous approval to enter the US back in 1999?

THANK YOU SO MUCH TO ANYONE WHO CAN ANSWER!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[christeen 966]

1) Yes, I would recommend the IR1 process. It is the fastest right now.

2) Yes, list all his children.

3) Something if he was forced to leave, select No.

4) Yes, put him in this section.

-------------------

Brandon

My foreign husband and I have been married for 10 years.

After our marriage, I successfully petitioned for him to come to the US. We stayed in the US for 2 years and then moved back together to his native country.

Now we want to move back to the US.

I came with our 3 children in August and am trying to find out the fastest way to get him here. My questions:

1. It seems the IR1 process is the quickest...is this true?

2. On the I-130 form under information about your alien relative, do I list our children in this section even if the children are US citizens??

3. On I-130 form, question 16: Has your relative ever been under immigration proceedings: are they talking about going thru the process of immigrating to US or are they talking about if something happened and he was forced to leave US??

4. Under section D/Other information: It asks have I ever filed a petition for this alien? Do I answer yes and list his previous approval to enter the US back in 1999?

THANK YOU SO MUCH TO ANYONE WHO CAN ANSWER!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

But if they are US citizens (theirs) and are not part of the application they do not have to be listed...

[Chris Me lil D 17]

I am just curious why the OP lahice didn't do DCF back in her husband's country? It would save her all the hassle now with Affidavit of Support and the immigration process in general...

lahice, please list your husband's country, and please create a VJ timeline here: http://www.visajourney.com/timeline/profile.php?id=74761 and Good luck

[Darnell 8,479]

I am just curious why the OP lahice didn't do DCF back in her husband's country? It would save her all the hassle now with Affidavit of Support and the immigration process in general...

lahice, please list your husband's country, and please create a VJ timeline here: http://www.visajourney.com/timeline/profile.php?id=74761 and Good luck

She still has to do an I-864 and DS-230 even if she files via DCF , but I agree with you about the amount of time.

Hey OP - if its possible for you to file the I-130 as a 'direct consular fiiling' in 'that' country, I suggest you do so. You'll need to contact the US Embassy/Consulate there in 'that' country, inquire if you meet the requirements. It may be that you don't meet the requirements, since you are back in the USA.

Proving up a US Domicile can be a hassle for DCF, good luck !

Edited October 15, 2009 by Darnell

[lahice 0]

Thank you so much everyone for taking the time to answer my questions.

The reason why I did not file in his home country is because I was only intending on coming to the USA for the summer with the kids but due to a family medical emergency, I decided to stay on for the year and want to bring my husband over. I checked with the Embassy in his home country and was told since I am now in the US, I have to petition thru the US system. Wish I had known all of this in advance!!

Thanks again!

[christeen 966]

Is there a reason that you do not wish to reveal "his home country" ? Just curious as different consulates have different procedures and it will help anyone responding to your questions know how to best answer you....

[lahice 0]

Oh sorry, his home country is Iceland. I have no idea why I kept referring to it as "home country" instead of just typing Iceland!