File a spouse visa while working abroad as an expat

[DirtyHarry 5]

Hello friends,

I am just off a fresh K1 rejection and starting to look at the IR-1/CR-1 spouse route. I have more or less decided to abandon the K1 visa. Here are my plans now:

There is another possibility that I am considering that I need your opinion on.

My company has an office in India. Here is the scenario I am considering:

a. Go to India ASAP and get married. Apply for the spouse visa

b. Request a transfer to the India office

c. My company wants me to work in India for 2 years.

d. Get the spouse visa approved while in India

e. Come back to US after my 2 year assignment.

Does the above scenario complicate things? I am concerned about the following points:

a. I will have an Indian address. I will not be a resident in the US but I guess I could still give the address of my condo.

b. I will be paid an Indian salary while in India

I do have a condo that I own in the US that I can show as property. I can also negotiate with my company to pay me a US salary and keep me as a US employee. I am seriously considering that possibility so I would like your opinion on it.

Thanks,

Harki

[Dave&Roza 748]

Hello friends,

I am just off a fresh K1 rejection and starting to look at the IR-1/CR-1 spouse route. I have more or less decided to abandon the K1 visa. Here are my plans now:

There is another possibility that I am considering that I need your opinion on.

My company has an office in India. Here is the scenario I am considering:

a. Go to India ASAP and get married. Apply for the spouse visa

b. Request a transfer to the India office

c. My company wants me to work in India for 2 years.

d. Get the spouse visa approved while in India

e. Come back to US after my 2 year assignment.

Does the above scenario complicate things? I am concerned about the following points:

a. I will have an Indian address. I will not be a resident in the US but I guess I could still give the address of my condo.

b. I will be paid an Indian salary while in India

I do have a condo that I own in the US that I can show as property. I can also negotiate with my company to pay me a US salary and keep me as a US employee. I am seriously considering that possibility so I would like your opinion on it.

Thanks,

Harki

First, I would look to see why you were denied a K-1 visa at the Embassy in India. A CR-1/IR-1 will not make that just go away. If it was due to lack of relationship evidence than your plan will work, but if there is some other reason for the denial, I would look at that before jumping into a marriage where you may not be able to bring your wife back to the US. You might want to look into direct consular filing (DCF) from the New Delhi embassy if you are going to live and work in India for 2 years. That might be your best bet in this situation.

Good luck,

Dave

[biaobiao 40]

you should inquire with the DCF in mumbai.

[The Mean Lady 604]

You will not be able to file for the CR1/IR1 for quite some time in order for it to coincide with your 2 year work stint.

[oohpartiv 484]

Like KDH said, if you're going to work in India for 2 years, you might want to postpone the CR-1 application until later. The whole process will probably be done within 10 - 12 months, which would leave you with another year left working in India, and you have to enter the USA within six months of the visa being issued. If you apply for DCF, it'll get done even faster. I would probably wait until you have six months left on your contract and try the DCF route. That way you'll have the visa before you have to leave India, so your wife can leave with you, but you won't have to worry about it expiring. Good luck!

[DirtyHarry 5]

Thanks, Guys. I will check on the DCF. That is a new area for me. I am very scared to do anything new at this point. I understand the IR-1/CR-1 to some extent.

I know I could be in India when the IR-1/CR-1 is approved and it has a six month validity. But I could visit the US for a couple of weeks, get her passport stamped and then come back. We could then get the AOS process started from India. Will that not work?

Thanks.

[DirtyHarry 5]

Also the K1 was visa was rejected because of 212(a)(5)(a). Reading through the posts here and on other websites, it seems that is because they do not believe we had a valid relationship.

[oohpartiv 484]

Thanks, Guys. I will check on the DCF. That is a new area for me. I am very scared to do anything new at this point. I understand the IR-1/CR-1 to some extent.

I know I could be in India when the IR-1/CR-1 is approved and it has a six month validity. But I could visit the US for a couple of weeks, get her passport stamped and then come back. We could then get the AOS process started from India. Will that not work?

Thanks.

Well, the good thing about the IR-1/CR-1 is that you don't have to do AOS like you would with a K-1. The IR-1/CR-1 automatically gets her a greencard. If she enters the USA before your two year marriage anniversary, she gets a two year greencard (which she'll have to renew 90 days before it expires), and if she enters after your two year anniversary, she gets a ten year greencard. In my opinion, the ten year greencard is worth waiting for, so I would just wait a while to file the I-130, do DCF a few months before your contract in India expires, and go home after your two year anniversary. That way you don't have to deal with USCIS for a good while.

[DirtyHarry 5]

oohPartiv,

I like your idea and I am leaning heavily towards it. The posting in India is still in a very early stage and may or may not happen. Lots of red tape in big companies to cut through. Thanks a bunch for your suggestion.

Harry

[Janani S 1]

If you are working in india for > 6 months you can file through DCF at Delhi. It took < 2 months for me from filing date to Interview date. (Filed Apr 4, Interview date may 24)