Need your opinion CR1 visa

[CristianAmour 1]

Ok so my dad is a US citizen and his wife is from Colombia, south America. They both live there but she has a tourist visa and just left the US after visiting with us for a month.

Now they're thinking about moving here to be closer to us but they'd like to be here by the end of the year... Now my question is, should my dad file as a US Citizen living abroad or should he come here (since that's his plan anyway) and file the i130 from here or how long does he have to be in the use to be able to file as if he was a resident here? Also since my mother in law is retired and won't be working and has a tourist visa, would it be acceptable if she's here while the process is ongoing and is there any way to have her interview here?

Or would they just be better off doing the whole process from Colombia? They can still come and visit since they both have legal entry/access to the US...

We're trying to figure out how to go about this. BTW they've been married for over 10 years and have many properties to their names, jointly.

Any help, as always, will be very much appreciated...

[Cathi 5,757]

I am not sure how it works from Columbia, but I know in my husband's country in order for me to file an i 130 for a cr1 visa abroad I had to be a resident in his country for at least 1 year before filing. I went to the US Embassy in his country(he is from Jordan) to inquire. I filed here from the US and he is in his country awaiting he approval. I hope this helps.

[bsd058 296]

I would apply outside of the US. Sometimes USCIS expedites I-130s when filed by a USC who is abroad. In saying this, that's not always the case. Also, he can always go to the US after he files anyways. So the sooner he files the better. Even if they don't expedite his I-130 the process will go faster the sooner he applies.

[CristianAmour 1]

Thank you ma'am! My dad has been living in colombia for at least 12 years with her but as of aug 2011 you can no longer submit the I130 directly at the embassy, has to be a USCIS office and they don't have one in COlombia.

They would have to mail the package to the Chicago lockbox either way but I wanted to see if they could complete the process in the US or what the best option for them would be

Ty BSD yeah we're trying to get everything filed ASAP and I appreciate your input it makes sense

[CristianAmour 1]

I personally know of 2 different couples where the USC and the spouse got married in the US and the spouse stayed with a tourist visa and the entire process was done in the US but I'm wondering how they did it... I don't have a close enough relationship to these people so wouldn't feel comfortable asking but I know it can be done

[Bule&Cantik 8]

I personally know of 2 different couples where the USC and the spouse got married in the US and the spouse stayed with a tourist visa and the entire process was done in the US but I'm wondering how they did it... I don't have a close enough relationship to these people so wouldn't feel comfortable asking but I know it can be done

As I understand it, if they entered on a tourist visa with intent to marry and stay then they committed visa fraud.

[CristianAmour 1]

As I understand it, if they entered on a tourist visa with intent to marry and stay then they committed visa fraud.

They've been married for over 10 years you missed the point but I appreciate you taking the time to reply cause I know you were trying to help.

Ok I did more research and them coming to the US and filing for Adjustment of Status would be an option, another option would be to file for consulate processing.

[Julie y Pat 67]

Like others have said, when the petitioner is living abroad, the I130 will likely be self expedited. It's also very difficult for the spouse of a US citizen to get a tourist visa, that your MIL has one must mean she had shown extremely strong ties to Colombia, and that your father may have shown the same. It would be visa fraud to use the tourist visa to enter and adjust status in the US. It also costs a lot more, and there are also restrictions on traveling abroad while the AOS is being adjudicated. I think with the petition being self expedited, there is good chance they will have the process finished in Colombia by the end of the year. Having the tourist visa already will possibly allow them to visit while the petition is making its way from USCIS to NVC and then to the embassy. I say possibly because it would be the CBP officers call to make at POE. An I-130 in the works shows immigrant intent. There's no way to know how easy or difficult it will be to convince the officer that immigrant intent is not for another few months. Being aware of the process of AOS from the tourist visa, the extra costs and inconveniences involved, and making it clear they are not willing to subject themselves to that may help.

[Julie y Pat 67]

Consular processing is no longer available in Colombia, but petitions from those living abroad have been approved in as little as a few weeks, as compared to five months or more for petitioners living in the US.

[CristianAmour 1]

Thank you very much for the insight. I didn't know the petition could be processed so quickly. I'm also thinking it might be a good option to go with consular processing but my dad has many years of unfiled tax returns that he needs to catch up to. Although I talked to an accountant and he said due to my dad being retired and on a very low SSA pension he might not ven be required to file taxes.

Seems like something he'd need to take care of before filing the affidavit of support anyway and wondering if he can do that while being outside the US..

[Darnell 8,478]

file as a US Citizen living abroad <EOM>

[Ryan H 3,812]

Consular processing is no longer available in Colombia,

This is not a correct statement. The term "consular processing" is when any type of visa application is adjudicated and reviewed by Embassy or Consulate personnel. All applicants who apply for a visa at any US Embassy or Consulate go through consular processing.

What you were probably referring to is that Direct Consular Filing (DCF) [the filing of a petition overseas instead of in the US] is no longer available in Columbia.

[CristianAmour 1]

That is correct. Which is a shame cause that used to make everything a lot easier for the USC living abroad

[Julie y Pat 67]

I should have paid more attention in my response. I did mean Direct Consular Filing, or consular processing of the petition.

[JNEKG 4]

That is correct. Which is a shame cause that used to make everything a lot easier for the USC living abroad

It might have made things easier but not necessarily quicker. If you look at my timeline you will see that it's easy to get through the process quickly if the USC resides abroad and files from abroad.

Your dad should file from Columbia and hope he gets an auto expedite at USCIS. He should also work out his tax situation too before he has to file the AOS as he will be required to provide tax transcripts or an explanation as to why he didn't have to file.

All the best.