Time Crunch

[Benj42 0]

So, I am living in Hong Kong this year, and plan on getting married here at the end of April. The planning and scheduling for the wedding is well underway, so this date is pretty well fixed. At the other end of things, I will be returning to school in the US at the end of August (another fixed date). That leaves me just under 4 months to get a visa, and settle in the US.

I plan on applying for an IR-1/CR-1 visa for my wife, however, processing times are worrying me. I will now have to file through the Chicago Lockbox because DCF in HK has been canceled

Any ideas to speed up the processing time? Any ideas on the processing time for the Chicago Lockbox? Can I send in the I-130 before I am married? Should I consider another type of visa? Can my wife come to the US with me before the processing is complete - and then reenter once it is finished?

Very soon I will be jumping into this and I don't want to make any mistakes that cause a time delay. Thanks!

[Penguin_ie 5,993]

You cannot send in the petition before you are married, as you need to include the marriage cert. You could do a quickie legal wedding now, send in the I-130 and do the reception/ religious part in April, but even then you'd be cutting it fine for an August interview.

Does your fiance have a tourist visa? If so, she can travel with you, visit for a while, then go home for medical and interview.

[Benj42 0]

Thanks for the reply Penguin! Yeah, I have considered just getting the marriage cert first, and I will continue to consider it. But I am curious about the medical and interview. I think I understand that she will have to return to HK for that, but about how long does it take? Can she just return for the interview and then they will mail the green card to the US? How does that work?

[Penguin_ie 5,993]

Medical takes a day or two, usually a couple of weeks before the interview. They will send her passport back with the visa in it (to her foreign address), that takes anything from a few days to a month (much depends on your embassy, and I am not familiar with HK). Once she has the passport back, she can fly back to the USA and going through POE will trigger greencard production (they will put a stamp in her passport acting as a temp. greencard for a year).

The whole process from sending in the I-130 to interview takes 9-12 months, so she couldn't spend all the waiting time in the USA, but if you were to send the I-130 soon, or even in April, she could probably come with you to the USA in August and stay until it's time for the medical.

[Darnell 8,478]

return to HK for that?

Oh my - where will she be, prior?

[Benj42 0]

So she has to do the medical and interview in Hong Kong correct? then she would possibly have to be there for up to a month before she could get her passport back? Thanks for being so helpful, I just don't quite understand the whole interview process (where it needs to take place and how long after that until she can have her passport back).

[Darnell 8,478]

sorry, nevermind.

[Benj42 0]

Hi Darnell!

I see that you are living in Wuhan and filing for a IR-1/CR-1 visa - very similar to my situation. (Living in HK, filing for the same visa)

I didn't see any dates on your timeline yet, maybe you just got started, but do you know anything about the processing times for the Chicago Lockbox? Thanks!

Edited January 2, 2012 by Benj42

[Darnell 8,478]

where will she be, prior to the medical exam?

[Darnell 8,478]

re: processing times for the Chicago lockbox.

2 days.

From there it goes to a service center, either VSC or CSC. Processing times for petition adjudication vary much.

Are you certain DCF in HKG is no longer available?

[VanessaTony 3,567]

You have no problem as the USC. YOU can return but your wife will need to wait for the visa to finish processing. She can visit you during that time (if she has a visitor visa) but not live there until she gets her CR1 visa and eventually GC.

[Penguin_ie 5,993]

So she has to do the medical and interview in Hong Kong correct? then she would possibly have to be there for up to a month before she could get her passport back?

Yes. Well, she can do it anywhere she is legally resident, so if she chooses to move to some other country (mainland China or wherever), she could do it there.

Darnell is one of our most experienced members btw

[Benj42 0]

Are you certain DCF in HKG is no longer available?

Yeah, even though HK has a US consulate, they decided to use the Chicago lockbox - I don't really understand why.

I can't find the webpage again, but while I was doing research I found this quote, and copied it to my notes:

"Effective August 15, 2011, American Citizens residing in Hong Kong and Macau will no longer be able to routinely file Form I-130 (Petition for Alien Relative) with the Immigrant Visa Unit of the U.S. Consulate General in Hong Kong. Rather, Petitioners will be required to file the Form I-130 petition by mail to the U.S. Citizenship and Immigration Services (USCIS), Chicago Lockbox."

[Darnell 8,478]

ok - a bit more digging?

She holds a passport from which country ?

[Benj42 0]

She holds a passport from which country ?

She is a Hong Kong Citizen. I am also staying in Hong Kong this year (with a working visa - I also have a Hong Kong ID card). We will get married here in Hong Kong in April 2012. Then I need to return to the US (preferably with my wife) in August for school. Originally I was hoping the whole process would take about 3 months (the DCF estimate), but now I need to file through the Chicago Lockbox which kinda messes things up.