Help with CR-1

[Coops 0]

Hello,this is my first post at VJ, but after seeing how helpful and informative the members are I felt inclined to join. I feel this website with its awesome community could help my process and alleviate the stress.

My wife and I are currently both living in the UK. My wife is a US citizen and we plan on moving there. As we have been married for under 2 years i believe I am only eligible for the CR1 visa. I have a few questions and assistance would be greatly appreciated.

1. My wife has been on a UK spousal visa for 2 months here, but we must move to USA. Will they frown upon that?

2. I am struggling to find a clear cut answer for the price, how much does the CR-1 cost?

3. I have a medical condition that is an Immune deficiency, that is not contagious in anyway. I just take pills daily, will that be a problem?

4. My Wife is my sponsor and my mother-in-law is my co-sponsor, I did not see where to put my mother-in-law on the affidavit.

5. Does me visiting her or her visiting me affect anything? Could I be over on a VWP while it's processing, and would they prefer it if she were present for the interview?

6.Is consular processing an option as it seems faster? I have heard my wife needs to be in the country for at least 6 months before i could do that, but my wife will be returning stateside anyway so consular is not an option?

Sorry for all these questions, but any assistance would be gratefully appreciated. I still have more questions, but I will be here all night. I just want to move to the USA so I can be with my wife as she is moving back next week, the thought of being away from her for 9 months makes me sick.

Thank you,

Sam & Sara

[alizon 77]

1. I don't see why they would...unless there is something else going on that I'm not understanding?

2. $420 to file the petition (I-130) + $88 AOS + $230 immigrant visa fee + medical exam

3. I don't think this will be a problem, but you should bring documentation from your regular doctor to your medical exam showing that your condition is under control. They might ask you questions at the interview about how you will be paying for your pills when you are in the US, like will you be covered by your wife's insurance.

4. Your wife and mother in law need to fill out two separate I-864s or I-864EZs, and they both need to submit evidence of their financials. But none of those forms are needed until your I-130 has been approved (i.e. not until you've received your NOA2 and your case has been sent to the NVC).

5. You might be permitted to visit if you prove that you have enough ties to England and that you will return there once your 90 days is up. The time you'll get on the VWP won't be nearly enough to wait out the whole processing period in the US, and you'll have to do your medical and interview in England regardless. My impression is that England is a low-fraud country, so they won't be bothered by your wife not being present at the interview.

6. Consular processing is not an option for you because your wife hasn't lived there for 6 months, and consular processing isn't actually available in many countries anymore (not sure if England is one of those). Send your application before your wife leaves England so that her address is still foreign, and you might get into expedited processing based on the petitioner living abroad. It's not a guarantee, but it seems to be what has happened for many petitioners living outside of the US, and it cuts many months off the initial phase of waiting. You can change her address with USCIS to her US address after submitting the I-130.

http://www.visajourney.com/content/i130guide1

PS: The CR-1 and IR-1 application process is the same. What matters is how long you have been married when you activate your visa by entering the US. So if you are past your second anniversary by the time you get your visa and enter the US, you will get the 10 year green card instead of the conditional 2 year green card, and you won't have to apply for removal of conditions.

Edited June 4, 2012 by alizon

[Boiler 45,519]

1. I do not understand either. You think they are going to stop her at the airport?

5. She does not need to go to the Interview and like others have said there should be no problem making trips over whilst you are waiting.

The obvious thing would be to wait and DCF, that would minimise time apart.

[Coops 0]

Thank you so much for the speedy responses, and so detailed and informative

Quick follow up question

when we apply, and if we use a foreign address and my wife leaves the country shortly after. We wont get in trouble will we?

and why does this speed the process up? And if it does spend it up why doesn't everyone just put their foreign spouses address?

Thanks

Sam&Sara

[alizon 77]

when we apply, and if we use a foreign address and my wife leaves the country shortly after. We wont get in trouble will we?

and why does this speed the process up? And if it does spend it up why doesn't everyone just put their foreign spouses address?

It is only legitimate for you because your wife actually has legal residency in England (from what you've said, she isn't just visiting you on a tourist visa or whatever), and it's only okay while she is still residing there, so you would have to send your files before she gives up residency. You might even need to send a copy of her resident documents, but I'm not sure because we didn't apply from abroad. She can change her address online once she is back in the states.

Read through this thread: http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/

This is just my opinion, but I think I have a pretty strong "follow the rules" streak in me, and I don't see anything wrong with this approach. As long as she is still authorized to live in (not just visit!) the UK and does live in the UK, there is nothing incorrect about listing that as her address. When she re-enters the US, she should change it with USCIS. I don't know if you will still be expedited when she changes it, but this is the honest way to go.

Edited June 5, 2012 by alizon

[Coops 0]

It is only legitimate for you because your wife actually has legal residency in England (from what you've said, she isn't just visiting you on a tourist visa or whatever), and it's only okay while she is still residing there, so you would have to send your files before she gives up residency. You might even need to send a copy of her resident documents, but I'm not sure because we didn't apply from abroad. She can change her address online once she is back in the states.

Read through this thread: http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/

This is just my opinion, but I think I have a pretty strong "follow the rules" streak in me, and I don't see anything wrong with this approach. As long as she is still authorized to live in (not just visit!) the UK and does live in the UK, there is nothing incorrect about listing that as her address. When she re-enters the US, she should change it with USCIS. I don't know if you will still be expedited when she changes it, but this is the honest way to go.

She does have legal residency, But we were thinking of her going back to US next week and applying from the states, but using her UK address. I am just scared we will get in trouble

Also quick question me and Sara have a huge binder from our first Visa, so we will remake it for USA, at what stage do we send that to them

Thanks

Sam&Sara

[alizon 77]

She does have legal residency, But we were thinking of her going back to US next week and applying from the states, but using her UK address. I am just scared we will get in trouble

NO. You should NOT do that. That's misrepresentation. Not good. Use her American address.

Also quick question me and Sara have a huge binder from our first Visa, so we will remake it for USA, at what stage do we send that to them

Huge binder of what? Relationship evidence? That needs to go with the first package, the I-130.

[Boiler 45,519]

NO. You should NOT do that. That's misrepresentation. Not good. Use her American address.

Huge binder of what? Relationship evidence? That needs to go with the first package, the I-130.

Not really needed but take it anyway.

[Ryan H 3,812]

4. Your wife and mother in law need to fill out two separate I-864s or I-864EZs, and they both need to submit evidence of their financials. But none of those forms are needed until your I-130 has been approved (i.e. not until you've received your NOA2 and your case has been sent to the NVC).

Only the petitioner can fill out an I-864EZ; a joint sponsor can only fill out an I-864. In the case of the OP, his wife can fill out an I-864 or an I-864EZ; his mother in-law as a joint sponsor can only fill out an I-864.

6. Consular processing is not an option for you because your wife hasn't lived there for 6 months, and consular processing isn't actually available in many countries anymore (not sure if England is one of those). Send your application before your wife leaves England so that her address is still foreign, and you might get into expedited processing based on the petitioner living abroad. It's not a guarantee, but it seems to be what has happened for many petitioners living outside of the US, and it cuts many months off the initial phase of waiting. You can change her address with USCIS to her US address after submitting the I-130.

The context in which "consular processing" has been applied in this thread is incorrect. Consular processing is the processing of a visa application at an overseas Embassy or Consulate by State Department personnel. Anyone who applies for a visa abroad goes through consular processing. "Direct Consular Filing" (DCF) is the proper term.

DCF is available in the UK as there is a USCIS field office in London where the petition would be filed.

[Coops 0]

I understand if she were to apply for the I-130 and put her UK address while she was in America that would be misrepresentation. But if we send the petition now, while she is still in the UK, would that be alright? She would be leaving about a week after the I-130 is submitted.

Also, a question about the proof of an ongoing marriage. How much and what sort of proof are they looking for? We can send our bank statements displaying our joint account. Should we also send pictures of us together? Chat logs from the past? Letters and cards we've given each other? Sworn statements from our in-laws that we have co-habitated together with them? We have all of these things, but don't know how much to send or what they would consider relevant.

Thanks again everyone!

Sam&Sara