DFC petitioning questions

[frenchphenom5 0]

Greetings all.

I discovered this website last night, around midnight Parisian time. And I've done a lot of reading at the US Embassy in Paris website along with the USCIS website. I am fortunate enough to be one of the US Citizens who may file the I-130 at the Consulate and I'm writing this post to try and get a better handle on the timeline and other questions.

The low down: My wife and I got married December 6, 2010 in France. It has officially been 6 months since I've been legally residing in France as of yesterday. We're in the process of completing the documents for the I-130 petition at the Consulate (I-130, G325a, DS-130 etc). Due to the time constraint of her accepting an assistantship to work and Study in the United States the K-3 visa, and the EOA will take simply too much time. The Fall Semester starts August 18th, 2011. With that said, it appears that the IR-1/CR-1 visa is the optimal route as it would grant her work authorization immediately.

I suppose my question is: Does anyone know the approximate timeline for the Consulate to approve of the I-130 and then the issuance of the IR-1/CR-1? I have seen from this post: http://www.visajourney.com/content/compare that there is a 3 month time (probably in the best instances 3 months) for the IR-1/CR-1. From what I've read, and from what I understand the I-130 permits us to apply for the IR-1/CR-1. Or is it that the I-130 becomes the IR-1/CR-1 just in the normal process of the paperwork?

I appreciate your input into this matter, I've had a hell of a time getting information from the Embassy and my local Consulate General.

Cordially,

Todd

ps- If there's anyone out there who's gone through this procedure before, i.e. DFC petitioning I'd love to hear from you.

***Can a moderator move this to the DFC section, I apparently didn't see it when I posted this here.

Edited March 2, 2011 by frenchphenom5

[YuAndDan 153]

Moving to DCF forum...

I-130 is a petition for an immigrant visa, it gets handled by the USCIS office located overseas, and then approved, the US Consulate immigrant visa unit then sends out a Packet 3 requesting a DS-230 be filed to apply for the actual visa.

Typically 2-3 months for I-130 approval, and then another month or two to do additional paperwork and get interviewed for the visa.

[frenchphenom5 0]

Moving to DCF forum...

I-130 is a petition for an immigrant visa, it gets handled by the USCIS office located overseas, and then approved, the US Consulate immigrant visa unit then sends out a Packet 3 requesting a DS-230 be filed to apply for the actual visa.

Typically 2-3 months for I-130 approval, and then another month or two to do additional paperwork and get interviewed for the visa.

Thanks Dan (I actually did my undergrad at Geneseo!). Would it be possible to skip them from having to send out the DS-230 by submitting that when we give the Consulate the I-130?

[YuAndDan 153]

Thanks Dan (I actually did my undergrad at Geneseo!). Would it be possible to skip them from having to send out the DS-230 by submitting that when we give the Consulate the I-130?

Nope, need to follow the process.

Cool, My sister in law went to Geneseo too.

[frenchphenom5 0]

Just a quick question:

On the DS-230 (part 1) it asks about Nationality and it says (if dual national, give both). My wife has both a passport for Mauritius and France. She's only ever used the Mauritian passport when traveling to Mauritius. It has not been used for anything other than that, and, the French gov't is not aware of her dual nationality. What should she do?

[YuAndDan 153]

Just a quick question:

On the DS-230 (part 1) it asks about Nationality and it says (if dual national, give both). My wife has both a passport for Mauritius and France. She's only ever used the Mauritian passport when traveling to Mauritius. It has not been used for anything other than that, and, the French gov't is not aware of her dual nationality. What should she do?

List both, with French first.

[frenchphenom5 0]

List both, with French first.

Do you think there could be complications with dual nationality, especially coming from Mauritius? Or is it just something that they'd have on record?

[YuAndDan 153]

Do you think there could be complications with dual nationality, especially coming from Mauritius? Or is it just something that they'd have on record?

Nope.

Will need to get police reports from there too.

Edited March 2, 2011 by YuAndDan

[frenchphenom5 0]

With regard to the I-864, my Dad said that he would sponsor my wife. Seeing how I've been a Graduate Student for the past couple of years, my income has been pretty low. If I understand correctly, this makes my dad a co-sponsor, and I would also need to fill out my own I-864? In other words, we'd have to provide two of them? In addition, my parents file jointly would my mom need to fill out the same form?

Thanks for the help.

[YuAndDan 153]

With regard to the I-864, my Dad said that he would sponsor my wife. Seeing how I've been a Graduate Student for the past couple of years, my income has been pretty low. If I understand correctly, this makes my dad a co-sponsor, and I would also need to fill out my own I-864? In other words, we'd have to provide two of them? In addition, my parents file jointly would my mom need to fill out the same form?

Thanks for the help.

Yes two I-864, one from you as primary sponsor, even with little or no income, in all visa petition cases the petitioner must be primary sponsor.

As for your parents as joint, the primary joint sponsor needs to also provide an I-864, as for spouse of joint, this seems to be up in the air, it seems if they file a joint IRS return then only the head of household, your father needs to provide the I-864, however if Joint sponsor and spouse file "Married filing separately" for returns, the Joint "Father" provides an I-864, and "Mother" attaches and I-864A as a household member to add income.

[frenchphenom5 0]

Just reading on the USCIS website they say:

"If you are using the income of persons in your household or dependents to qualify as a sponsor, you must also submit a separate Form I-864A, Contract Between Sponsor and Household Member, for each person whose income you will use."

(from http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b70f8875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD )

It doesn't mention anything about the co-sponsor needing to file an I-864.

[YuAndDan 153]

Just reading on the USCIS website they say:

"If you are using the income of persons in your household or dependents to qualify as a sponsor, you must also submit a separate Form I-864A, Contract Between Sponsor and Household Member, for each person whose income you will use."

(from http://www.uscis.gov...00045f3d6a1RCRD )

It doesn't mention anything about the co-sponsor needing to file an I-864.

I have seen a recent rejection of I-864A for someone in similar situation, you are not the head of the household, if you are considered to be a member of your parent's household, your parent is considered to be head of household, they do not use I-864A in this situation.

http://www.visajourney.com/forums/topic/297160-i-864-from-joint-sponsor

You provide an I-864 as primary sponsor, and your parent will also provide an I-864 as a "Joint" sponsor.

Note on form I-864 the check box for "Joint" Sponsor.

[frenchphenom5 0]

Thanks for the reply. How'd you get to be so knowledgeable in the ways of "science?" (Monty Python Quote). But seriously, wherever you procured this knowledge I greatly appreciate your help and knowledge, it goes a long way!

[frenchphenom5 0]

With the Initial Step, do they take the passports immediately, or is it at the Interview where they take the Spouse's passport?