third country national vs. home country applicant

[grazel 0]

Here's the context:

Say a Brazilian damsel, living in Mexico with an Mexican 'FM3 visa' (that's a visa which gives temporary, residency status), and a gentleman from the United States wish to go the IR-1/CR-1 Visa route.

And here's the question:

Would this Brazilian damsel need to return to her country of origin in order to satisfactorily file the required paperwork? Or, as she is a legally residing in Mexico, could she do this within Mexico?

[Penguin_ie 5,996]

She could do it in Mexico.

[Darnell 8,479]

The damsel files nothing in Mexico, Brasil, or otherwise, for said USCitizen living in USA.

The USCitizen files an I-130 to the Chicago LockBox, then later, if the USCitizen won't file said damsel's IV application for her, said damsel must file it herself, via postal mail, to the NVC postal address (in the USA)

OTOH, if you are trying to refer to DCF, Direct Consular Filing of an I-130, chasing after a Visa *that way*, why not say so ?

Worth a Read --

Loto's Wiki Page - http://www.visajourney.com/wiki/index.php/How_to_bring_your_foreign_spouse_to_live_in_the_US

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

Edited May 28, 2011 by Darnell

[elya4848 3]

The damsel files nothing in Mexico, Brasil, or otherwise, for said USCitizen living in USA.

The USCitizen files to the Chicago LockBox, then later, if the USCitizen won't file said damsel's IV application for her, said damsel must file it herself, via postal mail, to the NVC postal address (in the USA)

OTOH, if you are trying to refer to DCF, Direct Consular Filing of an I-130, chasing after a Visa *that way*, why not say so ?

Worth a Read --

Loto's Wiki Page - http://www.visajourn..._live_in_the_US

http://www.visajourn...p/EZGuideSpouse

May be they are refering to the interview.

[pushbrk 13,073]

Here's the context:

Say a Brazilian damsel, living in Mexico with an Mexican 'FM3 visa' (that's a visa which gives temporary, residency status), and a gentleman from the United States wish to go the IR-1/CR-1 Visa route.

And here's the question:

Would this Brazilian damsel need to return to her country of origin in order to satisfactorily file the required paperwork? Or, as she is a legally residing in Mexico, could she do this within Mexico?

There is no need to return to Brazil but it is the US Citizen that files the petition. Unless the US Citizen has legally resided in Mexico for six months, he won't be allowed to file directly with a Consulate in Mexico. Start by reading the IR1/CR1 guide to understand the process.

All that said, interviewing for a spouse visa in Mexico would require spending a few days in Juarez. If it were my wife, I would prefer she go back to Brazil for the medical exam and interview.

[Darnell 8,479]

ya, the only benefit, IMO, of getting the interview done in Mexico, is that the beneficiary would be going through Electronic Processing during NVC stage.

[grazel 0]

The USCitizen files an I-130 to the Chicago LockBox, then later, if the USCitizen won't file said damsel's IV application for her, said damsel must file it herself, via postal mail, to the NVC postal address (in the USA)

OTOH, if you are trying to refer to DCF, Direct Consular Filing of an I-130, chasing after a Visa *that way*, why not say so ?

Isn't damsel required to go to the consulate for an interview? Is this where being a full-fledged citizen, or a temporary resident, or a third-country national get sticky?

I would then interpret your answer as: yes, damsel can proceed through the entire process in a country other than her native born.

As for the DCF:

per 'Visa Journey's visa comparison page': US consulates typically only do this for US citizens who live overseas.

I am a US citizen. So presumably, less I fall under the not-typical category, this is not an option for me.

Thanks!

It's great to get some feedback!!!

[grazel 0]

There is no need to return to Brazil but it is the US Citizen that files the petition. Unless the US Citizen has legally resided in Mexico for six months, he won't be allowed to file directly with a Consulate in Mexico. Start by reading the IR1/CR1 guide to understand the process.

All that said, interviewing for a spouse visa in Mexico would require spending a few days in Juarez. If it were my wife, I would prefer she go back to Brazil for the medical exam and interview.

Thanks for the response.

Glad to know she won't need to return to Brazil. You see, we are in Mexico together, and I need to return stateside; if she can just stay in Mexico, wait for the procedure to be executed, then cross the border, all the easier (energy-wise & $$$-wise).

I am quite familiar with the IR1/CR1 guide. The issue is wether she would need to return to her home country . . . that is all. And, it would appear, that she does not.

Juarez is bad, eh? What can we expect - especially, concerning the interview? Is the interview more difficult to pass? Furthermore, is the medical exam sketchy?

Deep thanks!

[grazel 0]

There is no need to return to Brazil but it is the US Citizen that files the petition. Unless the US Citizen has legally resided in Mexico for six months, he won't be allowed to file directly with a Consulate in Mexico. Start by reading the IR1/CR1 guide to understand the process.

All that said, interviewing for a spouse visa in Mexico would require spending a few days in Juarez. If it were my wife, I would prefer she go back to Brazil for the medical exam and interview.

Thanks for the response.

Glad to know she won't need to return to Brazil. You see, we are in Mexico together, and I need to return stateside; if she can just stay in Mexico, wait for the procedure to be executed, then cross the border, all the easier (energy-wise & $$$-wise).

I am quite familiar with the IR1/CR1 guide. The issue is wether she would need to return to her home country . . . that is all. And, it would appear, that she does not.

Juarez is bad, eh? What can we expect - especially, concerning the interview? Is the interview more difficult to pass? Furthermore, is the medical exam sketchy?

Deep thanks, pushbrk!

-Grazel

[pushbrk 13,073]

Thanks for the response.

Glad to know she won't need to return to Brazil. You see, we are in Mexico together, and I need to return stateside; if she can just stay in Mexico, wait for the procedure to be executed, then cross the border, all the easier (energy-wise & $$-wise).

I am quite familiar with the IR1/CR1 guide. The issue is wether she would need to return to her home country . . . that is all. And, it would appear, that she does not.

Juarez is bad, eh? What can we expect - especially, concerning the interview? Is the interview more difficult to pass? Furthermore, is the medical exam sketchy?

Deep thanks, pushbrk!

-Grazel

Sorry, I expected you knew the dangers of Juarez. Not a good place to be. My bad. No, the interview is not likely to be more difficult. My concern was for your wife's safety. Check it out.

[Done--Really 331]

CDJ is pretty much controlled by the drug cartels, but if you only go there towards the end of the process to get the medical and for the interview, and you stay close to the embassy, and hang out at your hotel and the big shopping mall nearby, you won't see or hear any trouble. You might want to stay in your hotel at night since it can get a little dicey if you get off the beaten path, but hundreds and hundreds of people go thru CDJ consulate every single day without incident--it is the busiest US consulate in the world.

You do get to use electronic processing which is a plus, and CDJ is extremely efficient--just be sure to abide exactly by their rules--they are very picky.

We had the same choice to make--my wife is Mexican and lives most of the time in Costa Rica, but also has a residence in Mexico City--in the end it was more convenient to do everything in CR, but CDJ was a good option for us had the processing pointed us towards a year-end interview.

[Darnell 8,479]

Isn't damsel required to go to the consulate for an interview?

ya, but that wasn't the question, this was -> Would this Brazilian damsel need to return to her country of origin in order to satisfactorily file the required paperwork?

she'll interview where ever she is, but interviewing is the end game.

'filing the required paperwork' is a NVC process, not a Embassy Process. You said you reviewed the guide?

Oh well, if you get stuck, post back, again.

[grazel 0]

A million thanks for all the responses. Lots of help.

Funny . . . Juarez is the ONLY location in Mexico to be interviewed? The busiest US consulate in the world, huh?

Well, good to know that the malls in Juarez are still supposedly safe!

As an architect, I rather enjoy malls . . .

Thanks again!

[Done--Really 331]

CDJ is the only consulate in Mexico to interview for spousal visas--would have been great if we could have done Mexico City, but not available for our CR-1