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

[dustingthestars 9]

I don't have anything to worry about to be perfectly honest, I've travelled a lot and have a lot of different visas, but I've never emigrated before - just want to make sure everything is clear I guess?

Things that concern me:

• I have a divorce that is about to complete (in Nisi, just waiting for Decree) by the time I file, I will have been divorced for around 4 months, hence why I wanted to include the timeline to annotate the process.
• The fact I worked in Libya for 10 weeks back in 2010, the fact that I'm working in Russia and have been for the last year - do they view those countries in a different way to France, Germany etc?
• My GF hasn't worked in 3 years (studying and motherhood). I worry that it will be viewed in a negative light, even though we have a sponsor that earns far more than required.
• I'm a little older than her. Again, I worry that it might be viewed in a certain light.
• My work history involves lots of short engagements and I've moved around a lot in the past 7-8 years. Yep, you've guessed it. I perceive this as something negative.
• I served in the military when I was younger, but it wasn't for me so I left just short of 2 years into an 8 year contract. My CO arranged for me to be 'discharged as unsuitable for training'. This has never been an issue for me before, but under this level of scrutiny, I think it could be a problem.

These are my concerns and not things I know or even suspect that USCIS/NVC/DoS would be concerned about - I just like everything in a row so I know where I stand but it's hard to be objective in what appears to be a subjective situation, right? Maybe I have nothing to worry about? Maybe I have lots to worry about?

[Nich-Nick 3,354]

You just have to meet the requirements. I wouldn't explain the divorce dates, but I've told you that before. You are free to marry. Done.

Different names? I kept my former name. It's not even my maiden name but the surname of my former husband. Click my timeline and look at all those boxes ticked off and colored blue without one RFE or any explanation to USCIS why I have a different surname than my immigrant husband. It is not an issue.

She may have other documents in her maiden name (passport, tax returns). The maiden name will be on USCIS forms under former names used. They will "get it" that older documents will not say Mrs. Dustingthestars if she just got married. They are smart like that. If she wants to change her credit card or bank statements to a new name...sure that's fine too, but not the big deal you are fretting about.

[JoannaV 174]

Really sounds like you have nothing to worry about. Just remember to answer all the questions based on where you live (eg UK), except for the question that asks if you are currently in the US, as you will be, but make sure to indicate that you will be interviewing in London. We filed our I-130 whilst I was visiting the US, and everything went smoothly :-)

As for your list of worries, no worries! The only one that could potentially cause a delay is your work in countries such as Libya, in that it might cause a slight delay, but it shouldn't actually be a problem. If you're a nuclear engineer it might take slightly longer again

[Harpa Timsah 13,258]

I don't have anything to worry about to be perfectly honest, I've travelled a lot and have a lot of different visas, but I've never emigrated before - just want to make sure everything is clear I guess?

Things that concern me:

• I have a divorce that is about to complete (in Nisi, just waiting for Decree) by the time I file, I will have been divorced for around 4 months, hence why I wanted to include the timeline to annotate the process.
• The fact I worked in Libya for 10 weeks back in 2010, the fact that I'm working in Russia and have been for the last year - do they view those countries in a different way to France, Germany etc?
• My GF hasn't worked in 3 years (studying and motherhood). I worry that it will be viewed in a negative light, even though we have a sponsor that earns far more than required.
• I'm a little older than her. Again, I worry that it might be viewed in a certain light.
• My work history involves lots of short engagements and I've moved around a lot in the past 7-8 years. Yep, you've guessed it. I perceive this as something negative.
• I served in the military when I was younger, but it wasn't for me so I left just short of 2 years into an 8 year contract. My CO arranged for me to be 'discharged as unsuitable for training'. This has never been an issue for me before, but under this level of scrutiny, I think it could be a problem.

These are my concerns and not things I know or even suspect that USCIS/NVC/DoS would be concerned about - I just like everything in a row so I know where I stand but it's hard to be objective in what appears to be a subjective situation, right? Maybe I have nothing to worry about? Maybe I have lots to worry about?

None of these add up to any serious problem, to me. Not really even a minor problem.

1. Recent divorce. Can be a red flag in certain circumstances, but you can overcome it easily. By itself, not a big deal.

2. Russia, not a problem at all, Libya is a terrorist country, but you are free to go there. They will do their check on you, and that's it. No problem.

3. GF not working, can be a problem for certain fraud scenarios, but these don't involve UK. Not a problem.

4. A little older? lol, not a problem.

5. Who cares if you move a lot? Are you a spy?

6. What are you worried about, that you were in the army (not a problem) or that you were discharged (not a problem)?

I think your concerns are unfounded. Relax, and quit reading horror stories on VJ, or recognize the difference between those stories and you. The process is both objective and subjective, but it is not based on the whims of a person who is cranky or who doesn't like Libya. Really. I think you've worked yourself up into a tizzy.

[dustingthestars 9]

I think I've mentioned in other posts that I'm always analysing situations from the worst possible angle. My logic is that when I receive approval, it will be a nice bonus.

Harpa: When people list your worries and then explain why they aren't worries, it really helps to settle me down. Very much appreciated

Nich-Nick: I'm very grateful for your contributions to my threads and I always feel better when you have something to say

JoanneV: Thanks for the reality check, not a nuclear engineer, but a teacher! It was pre-revolution too, not sure if that makes a difference?

Thank you to everyone for your comments. I think I am worrying about too much and I really shouldn't worry. I think my biggest problem is that I keep reading stories from other Consulates that aren't London. I need to only consider information relevant to the LDN Consulate.

When I come to file, I'll no doubt have more questions about individual aspects - I hope you guys are still around then and active!

[cathy2904 97]

We got married and filed the I-130 while I was visiting.

[KLS2010 30]

My situation: 3mths after my divorce was finalised I married my USC husband - who is 20yrs older than me- while visiting the US on VWP, returned to Australia two weeks after I got married, then came back to the US on the VWP about 4mths later - filed our I-130 a week after entry, stayed for the full 90days the VWP allows, then returned to Australia and waited out the rest of the process.

I was never questioned about the age difference, the timing of my divorce and subsequent marriage, marrying while on the VWP, or filing the I-130 while in the US.

As others have said, you are over-thinking this a little - but I can understand the feeling - I felt the same way when we first started this process too. I had concerns about all of those things mentioned above - and it turned out I worried over nothing! The fact that you are thinking this through allows you to be prepared for any questions you may be asked - but in all probability you wont be asked about any of it anyway.

Good luck with everything

[Nich-Nick 3,354]

Just remember that they will be looking at the petition to see if she meets the requirements to bring a spouse over, ie. is she a USC, were you both free to marry, did you really get legally married? Can she support you? No but a joint sponsor will and he's already lined up.

Your visa application and interview will be more about your "worthiness" to live in the US. You're going to be face-to-face with a live person to explain yourself if you insist. No need to bulk up the I-130 with all that background about yourself. Tell it to the person in London who makes the decision and works for the Dept of State, not the USCIS.

Stop making up reasons you think you might be inadmissible to the US and read what makes one inadmissable according to immigration law. http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html Then if you find something that applies to you, bring it back to the discussion. Drugs, terrorism, and crimes involving moral turpitude are biggies.

And please read UK interview (CR1 visa) experiences only because that's your best gauge for your situation. UK Reviews

When I come to file, I'll no doubt have more questions about individual aspects - I hope you guys are still around then and active!

We hope to graduate by April/May. Waiting on that citizenship interview letter as we speak. It's scheduled, but the letter will tell us the date.

Edited March 17, 2012 by Nich-Nick