Starting the CR-1 whilst the beneficiary is in the US

[dustingthestars 9]

Just a quick one. I've been reading about the process of starting the CR-1 whilst the beneficiary is in the US vs. not in the US. Do any issues arise when beginning the CR-1 from inside the US?

Would love to hear some opinions on this from people that filed whilst the beneficiary was in the US. I was originally going to take 3 weeks off, but I spoke to my boss here in Moscow and he said I could take a paid sabbatical that would cover me for the 90 days maximum allowed by VWP. I'll have a bucket-load of evidence with me, as I plan to get married on the trip so we can start our CR-1!

Edited March 16, 2012 by dustingthestars

[dustingthestars 9]

Maybe I didn't make myself clear. I want to begin the process for CR-1 whilst I'm visiting the US for 3 months and then return to the UK for NVC stage, medical and interview. This is possible, right?

[Darnell 8,478]

the I-130 can be filed after a marriage certificate is in hand, regardless of where one is, either the petitioner or the beneficiary.

The thing that makes the difference, IMO, is what yer chasing after and where the interview will be held, along with whether or not the BENEFICIARY has lawful presence in USA via the VWP program.

So, let's dissect, yes?

1. yer chasing after a CR-1 visa, for yer soon to be spouse, ultimately an interview at the Immigration Visa Unit in London.

2. Beneficiary is in the USA via the VWP, so she has to leave the USA by guidelines for 'this trip' that put her stateside.

3. I suggest not to worry about presence in London UNTIL it's time for a DS-230 intake at NVC, as the Beneficiary will need police clearance certificate from the UK - is best to get that in person.

4. Medical exam usually is taken after an interview date is set with London IV , so pay attention to all of the timeticks at NVC for NVC processing.

Good Luck [and stuff] ! ! !

Edited March 17, 2012 by Darnell

[dustingthestars 9]

Hi Darnell. Thank you for taking the time to share with me your observations.

I just want to send my paperwork off whilst I'm in the US visiting on the VWP and then leave before the date they put in my passport so we can get ahead of ourselves, rather than waiting until I'm back in the UK - let them work on stuff whilst I'm enjoying my holiday! I'm guessing that I would still have a couple few months to wait in the UK before we receive an NOA2 and get forwarded to NVC which isn't a problem.

Not heading to the US until June, but want to get my ducks in a row. If we aim to have everything sent by August, I'm guessing that NOA2 would come around January/February with movement after that determined by how well I navigate NVC and how promptly we send information, right?

I will need to get my police clearance from Russia as well as the UK. The Russian one will be relatively easy to obtain and I will order it before I leave and have it sent to me by someone that I will give limited power of attorney to pick it up.

[Darnell 8,478]

eh, grunt and groan, cough cough.

if the beneficiary is a UK Resident, and lives/works in Moscow - it's just as plausible that the interview CAN be held in Moscow.

Just a thought.

[dustingthestars 9]

I considered that, but I'm probably not going to return after my sabbatical, I'm just entitled to it so I'm taking it. The plan, as is, isn't to return to Moscow after my visit, but to go back to the UK and finish my studies whilst waiting for the visa process to play out. I'd also feel more comfortable interviewing in 'my own back yard' so to speak.

[Darnell 8,478]

ya, back yards is cool.

OK - I think yer on track for a bit, yes?

Good Luck with stuff whilst yer in the USA ! !

[dustingthestars 9]

I think so. Just one question springs to mind. If I'm completing the forms in the US, do I consider myself, on the forms with regards to address, as 'living' at the US address I would be at? If not, can I use my UK address as current address, even though I haven't moved back there yet?

[Darnell 8,478]

living in USA - no.

address on forms - use the address in UK.

why? the i-130 is a multi-purpose form, also used when adjusting status from a tourist, student or work visa. so - bear this in mind, else a uscis adjudicator will think yer currently in the USA at the time of adjudication.

Good Luck !

[dustingthestars 9]

Thanks ever so much, Darnell.

I will be popping back with other questions that pop into my head, no doubt!

Edited March 17, 2012 by dustingthestars

[Nich-Nick 3,354]

Just a quick one. I've been reading about the process of starting the CR-1 whilst the beneficiary is in the US vs. not in the US. Do any issues arise when beginning the CR-1 from inside the US?

Would love to hear some opinions on this from people that filed whilst the beneficiary was in the US. I was originally going to take 3 weeks off, but I spoke to my boss here in Moscow and he said I could take a paid sabbatical that would cover me for the 90 days maximum allowed by VWP. I'll have a bucket-load of evidence with me, as I plan to get married on the trip so we can start our CR-1!

The following is strictly my opinion. I have no experience with an I-130.

I see no reason why she can't mail the petition while you are visiting. There is a question where they ask if you are currently in the US, your I-94 number, and date of arrival/departure. You won't have an I-94 so that will be your next question.."What should I put there?" ESTA or VWP maybe? The form complains, but will take alpha characters as well as print them in the numeric field.

Your address (#19) is best something in the UK where you plan to return after your holiday.

#21- NONE because you haven't lived together as married. You are on holiday, not a resident or on student or work visa which is a longer term stay thing.

#22-N/A Lets them know you read the question and don't intend to adjust status from VWP, but rather head back to the UK to get an immigrant visa.

[dustingthestars 9]

The following is strictly my opinion. I have no experience with an I-130.

I see no reason why she can't mail the petition while you are visiting. There is a question where they ask if you are currently in the US, your I-94 number, and date of arrival/departure. You won't have an I-94 so that will be your next question.."What should I put there?" ESTA or VWP maybe? The form complains, but will take alpha characters as well as print them in the numeric field.

Your address (#19) is best something in the UK where you plan to return after your holiday.

#21- NONE because you haven't lived together as married. You are on holiday, not a resident or on student or work visa which is a longer term stay thing.

#22-N/A Lets them know you read the question and don't intend to adjust status from VWP, but rather head back to the UK to get an immigrant visa.

Thanks, Nich-Nick. You read my mind as I was going to ask about those very two points later this evening - lovely stuff! I intend on writing a pretty decent covering letter explaining what I think are things that might appear unusual to them. I think it's better to deal with these things head on (recent divorce - a time line and the pages from the Nisi application where my ex-wife signed to state that she agrees that we have not been living together for the two years preceding the divorce, as per the terms of our petitioning) and our recent marriage in proximity to the divorce (because we want to, given that we're both free to marry and very much in love - Amazon invoice scans, some Skype records and some emails - as well as bank statements from last time I was here, as well as boarding passes and passport stamps also). I will also be putting in some signed affidavits for good measure. Thoughts? too much? not enough?

One other question I have, does it really matter how long after I arrive that I marry? seeing as I have no immigration intent and all. I just want to get started on collecting evidence and getting things changed on her side to the married name so we have some evidence to mail in about co-mingling and what not?

[Harpa Timsah 13,258]

Thanks, Nich-Nick. You read my mind as I was going to ask about those very two points later this evening - lovely stuff! I intend on writing a pretty decent covering letter explaining what I think are things that might appear unusual to them. I think it's better to deal with these things head on (recent divorce - a time line and the pages from the Nisi application where my ex-wife signed to state that she agrees that we have not been living together for the two years preceding the divorce, as per the terms of our petitioning) and our recent marriage in proximity to the divorce (because we want to, given that we're both free to marry and very much in love - Amazon invoice scans, some Skype records and some emails - as well as bank statements from last time I was here, as well as boarding passes and passport stamps also). I will also be putting in some signed affidavits for good measure. Thoughts? too much? not enough?

One other question I have, does it really matter how long after I arrive that I marry? seeing as I have no immigration intent and all. I just want to get started on collecting evidence and getting things changed on her side to the married name so we have some evidence to mail in about co-mingling and what not?

I personally think you're way too worried over this. Of course it's fine to file while you're in the US. You can marry as soon as you want. Everything is fine. if you have a real relationship and you are not inadmissible in any other way (criminal) then you will get the visa and all of this will be a distant memory.

Edit: Also, putting stuff in "married name" doesn't prove a real relationship - she can have whatever name she wants.

Edited March 17, 2012 by Harpa Timsah

[dustingthestars 9]

I guess it's difficult for me to worry when someone else is judging me and my life up to that point. I just thought that if I acknowledge certain points of my application, it would show I'm not looking to hide anything, wouldn't it? Perhaps I am over thinking the process a little?

As an example I can send a copy of our cards from our joint credit card account with her maiden name and that would be ok?

[Harpa Timsah 13,258]

I guess it's difficult for me to worry when someone else is judging me and my life up to that point. I just thought that if I acknowledge certain points of my application, it would show I'm not looking to hide anything, wouldn't it? Perhaps I am over thinking the process a little?

As an example I can send a copy of our cards from our joint credit card account with her maiden name and that would be ok?

Yes, I think you are very much over-analyzing, over-worrying, and over-thinking. I know it's hard to think that your life is in someone else's hands, but everything will be fine. Do you know how many of these visas are granted each year? I personally think the COs are very good at their jobs and are trained not to judge your personal choices, but to make sure it's a bona fide relationship. So they are not really judging "you" as much as you think. I don't know if you actually have something odd in your past, or just feel guilty when someone asks you something, because I don't know why you are worried about appearing to hide or not to hide something. You just answer the questions they ask. The process is faceless, and that can be worrying, but most people find their interviews to be a pleasant experience.

Is there something really bad and specific that is worrying you?

Yes, a joint credit card that is still in her maiden name is fine. Name doesn't matter.