DCF to CR-1/ IR-1

[Spudbites 0]

Hi,

I am new here on VJ... and My Wife and I have started the visa process via the DCF and due to circumstances beyond our control, I need to return to the States. What I need to know is if anyone on here has knows if I can stop this process and restart the process in the states. I know that this takes longer and is more drawn out so to speak BUT it has to be done for reasons that I cannot control! Any advice or input would be greatly appreciated.

[Penguin_ie 5,996]

You can, just write a letter to the embassy saying you are withdrawing the petition for now due to moving, then re-start when you can.

BUT you may not have to! Where are you in the process (please fill in your timeline!)? In most US embassies, once the I-130 has been accepted, the USC can leave the country; indeed, many do, to re-establish domicile in the USA and find a job to fullfill the AOS.

[Christi85 86]

You don't have to stop the process and re-start it. If you've been accepted for DCF (i.e. if you have received an email/letter from the Embassy confirming they have received your petition and giving you a filing date), you're fine to continue it through the foreign Embassy. The USC (you) is free to move back to the States at any time after DCF has been accepted. Goes without saying that your spouse will still need to stay in the foreign country until the end of the process and until they have a visa in hand that allows them to join you in the States.

Edited December 22, 2010 by Christi85

[Luckywife2007 6]

Wow... I think that you would need to call the CONSULATE.... and would yo have to pay the fee again?

Wow... I think that you would need to call the CONSULATE.... and would you have to pay the fee again?

Edited December 22, 2010 by Luckywife2007

[Spudbites 0]

Okay,

That was my next question... would we have to pay the filing fee again or would it carry over and they would go from there?

[Penguin_ie 5,996]

Okay,

That was my next question... would we have to pay the filing fee again or would it carry over and they would go from there?

That depends what you do. If you do as we suggest and just continue the process (please do tell us where you are? Did you get an aknowledgement of receipt of the I-130? ), then no need to pay again. If you cancel and re-start then you re-start everything- new forms, new fees.

[Spudbites 0]

No as we just filed a month ago... I will fill in our time line! I read somewhere that the US Spouse has to attend the interview.... so I am curious about what they will allow once I have received notice......

[Shermeen&Adam 0]

No, the US Spouse does not need to attend the interview. I agree, the best thing to do would be to wait to receive confirmation of your I-130 (which usually isn't very long depending on where you filed)and then return to the US for the rest of the visa application.

[Christi85 86]

Whether the USC spouse has or doesn't have to attend the interview depends on the Consulate. Some make it compulsory for the USC to attend the interview, some just want to see the intending immigrant and allow the USC spouse to attend optionally. Some others (like London) have an extra procedure for the USC to attend (i.e. you have to ring their helpline and specifically inform them that the USC will be attending, so that they're added to the list that is given to Security for the day, as London automatically assumes that the intending immigrant will be attending alone.

Contact your Consulate to find out what's the case for them, or see if you can find this info on the "Embassy Info" pages on this website (I suggest you still double-check with the Consulate though, as rules can change from time to time).

If you ARE expected to attend the interview, then see if it's possible for you to travel from the US just for that when the time comes.

Finally, unless the Consulate in Venezuela is backlogged, you should be getting your NOA1 very soon - in fact, by standard DCF timelines, you should have received it already. Did you use a courier or a signed for service when you sent in the paperwork (i.e. do you know for a fact that they've received it at the Consulate?). If not, I suggest checking with them directly asap.