CR-1 Direct Consular Filing for my peruvian wife

[timmarti 1]

I have a question that I can't seem to find the answer to online.

I am an American residing in Cusco, Peru.

I am married to a Peruvian woman and my question is: can I file the I-130 for my wife directly with the USCIS field office in the Lima Embassy?

I do not have Peruvian residence but I have lived here for approximately 3 years, always on a tourist visa, and I travel home at least once every 6 months to renew my visa.

We have a legal residence together in Cusco, and I want to know if I qualify to file directly with the USCIS in Lima or if I need to file back home at the Chicago lockbox.

I decided not to get residence in Peru because it costs money and we want to move back home as soon as my wife gets her green card.

Thanks for the help!

[oohpartiv 484]

Are you sure Peru still allows DCF? I read somewhere that after 2003 they wouldn't let you do it in Lima anymore. Even if they do still allow you to do it, I really doubt you'll be able to if you don't have Peruvian residency - that's usually one of the main requirements for DCF, in any country. Have you contacted the embassy?

[timmarti 1]

Are you sure Peru still allows DCF? I read somewhere that after 2003 they wouldn't let you do it in Lima anymore. Even if they do still allow you to do it, I really doubt you'll be able to if you don't have Peruvian residency - that's usually one of the main requirements for DCF, in any country. Have you contacted the embassy?

Thanks for the response!

That's what I figured..

Contacting the Lima Embassy is nearly impossible - the USCIS field office has no phone hours, and it has an email address which I have mailed to twice with no response. The only other option is the walk-in hours but I would have to travel to Lima, probably just so they can tell me that I can't do it. However, according to their website this is an option for those "residing" in Peru. I have a legal residence in Peru, but I am on a tourist visa.

[Gosia & Tito 199]

Thanks for the response!

That's what I figured..

Contacting the Lima Embassy is nearly impossible - the USCIS field office has no phone hours, and it has an email address which I have mailed to twice with no response. The only other option is the walk-in hours but I would have to travel to Lima, probably just so they can tell me that I can't do it. However, according to their website this is an option for those "residing" in Peru. I have a legal residence in Peru, but I am on a tourist visa.

You might want to check for all requirements to make a good decision. One of those is financial support. Assuming here you do not work in the US or have not worked in the US for some time. You would need some sponsorship (that can be a relative or friend in the US), but notice that there are some strings attached, namely, the sponsor agrees to refund the government for expenses the new immigrant might incur (which seems it seldom gets enforced, but others can chime in here)

while being supported by the government, for example maternity care funded by the government Secondary, unless you are just hanging in Cuzco, it might be a lot more expensive to live States side; since you noted the cost of becoming a resident in Peru (which is much less from my research, in fact, we'll be going that direction in the not so distant future). Cuzco is a bit pricey, but you have Pisaq, Urumbamba, even Yucay and other places. Again, don't know that is your overall situation but it might be better there.....

Notice that once in the US, your spouse would have to remain in the country most of the year to maintain residency, that is, until she becomes a citizen, a minimum of 3 years.

As far as costs, while the application itself is 450 (if i recall correctly), you need to account for medical exams, translations (which you can do yourself at not cost!!), travel/moving costs, settlement costs.....My estimate was that I was at least into the 5 grand by the time my wife was here (K-1) and does not account for other 'incidentals' such as medical insurance, car insurance, etc.

You might also want to consider employability in the US. The job market is a lot better that it was a couple of years ago, but it is still not as good and there are great regional/state/city variations. SO you might want to check in the place/area you are planning to live.

[sctdixon 6]

Yes, Peru still does DCF. We did ours last year and it only took 56 days from filing until my wifes green card was approved. Send me a PM and we can exchange emails if you need any more information, I will be happy to help.

As for you not being a resident, if you can prove how musch time you have been living in Peru, it should suffice.

Edited March 26, 2013 by sctdixon

[Ryan H 3,819]

Moved form IR-1/CR-1 Process & Procedures to DCF Discussion.

[winifher 0]

Hello! I hope someone will be able to see this. I found this post and im mostly interested in the not being a resident part. My husband and I got married here in Lima Peru in October and we want to start filing the I-130 here at the Lima field office. We have been living together in Lima since May 2012 and he has had to leave the country once to renew his tourist visa. So, he has been here for more than 6 months and we just want to know if it will be ok for us to do the procedure here at the field office without him being a legal resident with a carnet de extranjeria? Thank you in advance!

[lost_at_sea 995]

Hello! I hope someone will be able to see this. I found this post and im mostly interested in the not being a resident part. My husband and I got married here in Lima Peru in October and we want to start filing the I-130 here at the Lima field office. We have been living together in Lima since May 2012 and he has had to leave the country once to renew his tourist visa. So, he has been here for more than 6 months and we just want to know if it will be ok for us to do the procedure here at the field office without him being a legal resident with a carnet de extranjeria? Thank you in advance!

You should contact Lima and check: http://lima.usembassy.gov/contact_us2.html

[angucast 0]

Hello! I hope someone will be able to see this. I found this post and im mostly interested in the not being a resident part. My husband and I got married here in Lima Peru in October and we want to start filing the I-130 here at the Lima field office. We have been living together in Lima since May 2012 and he has had to leave the country once to renew his tourist visa. So, he has been here for more than 6 months and we just want to know if it will be ok for us to do the procedure here at the field office without him being a legal resident with a carnet de extranjeria? Thank you in advance!

Hi winifter, I'm so happy to help you. we just finish the process, my wife is from Colombia and I'm a Peruvian naturalized American, I met her during a trip to Colombia and to make the story short we got married in Manizales on Oct 13, 2012, then we decide to file for her visa in Lima, we waited for 6 months actually a little longer in the meanwhile she got her Carnet de Extranjeria, now, when I file the I-130 they didn't care about that, all they want to see was the migratory movement that you and him can get at the DIGEMIN office in Brena in about 45 minutes and the fee is around 40.00 soles, this document that don't have to be notarized neither signed by Reniec or any of those many authorities here in Peru, you just take it the way they give it to you, NO problem,is what they want to see just make sure he does not show any departure in the last 6 months ok? other words USCIS don't care if your husband is a legal resident of Peru or not, another thing I don't know if you are aware and I wasted good money for, is that you DO NOT need to translate any documents that are written in English or Spanish at Lima Embassy, the procedure was very easy I got everything they ask for and the whole procedure from when I file the I-130 on 10/10/2013 to her interview and aproval of the visa on Dec 3, 2013, was 7 weeks and 5 days, we are leaving on the 19th of december , if I can help you guys anymore just let me know or write to me at angulo440@hotmail.com, Alfredo, I live in Surco with my wife and would be very happy to advice you of the whole process, God Bless you

[jan22 3,056]

How can you be legally "resident" when you are on a tourist visa? You are -- since you keep leaving to get it renewed, which is good -- legally in Peru, but that doesn't mean the same thing as being a legal resident.

The requirement for DCF is that you have legal permission to reside in the country for the length of time the process will take. I suspect a tourist visa will not meet that requirement, even though you have come and gone on it and been readmitted each time. The point is, you need to leave at whatever time the visa says whether the IV process is complete. But, that's a USCIS decision, so you really need to find a way to get an answer from them. Hope you find a way to get this answered.

Edited December 21, 2013 by jan22

[winifher 0]

Hi winifter, I'm so happy to help you. we just finish the process, my wife is from Colombia and I'm a Peruvian naturalized American, I met her during a trip to Colombia and to make the story short we got married in Manizales on Oct 13, 2012, then we decide to file for her visa in Lima, we waited for 6 months actually a little longer in the meanwhile she got her Carnet de Extranjeria, now, when I file the I-130 they didn't care about that, all they want to see was the migratory movement that you and him can get at the DIGEMIN office in Brena in about 45 minutes and the fee is around 40.00 soles, this document that don't have to be notarized neither signed by Reniec or any of those many authorities here in Peru, you just take it the way they give it to you, NO problem,is what they want to see just make sure he does not show any departure in the last 6 months ok? other words USCIS don't care if your husband is a legal resident of Peru or not, another thing I don't know if you are aware and I wasted good money for, is that you DO NOT need to translate any documents that are written in English or Spanish at Lima Embassy, the procedure was very easy I got everything they ask for and the whole procedure from when I file the I-130 on 10/10/2013 to her interview and aproval of the visa on Dec 3, 2013, was 7 weeks and 5 days, we are leaving on the 19th of december , if I can help you guys anymore just let me know or write to me at angulo440@hotmail.com, Alfredo, I live in Surco with my wife and would be very happy to advice you of the whole process, God Bless you

Thank you for your helpful advise! It turns out you were correct and they did not make a big deal about it after we showed his migratory movement. We filed the I-130 on Feb 13th and already have an appointment date for April 2nd, everything has been processed wonderfully fast and we are very excited to be going home soon