Where to apply for this visa IR-/CR-1 ?

[Tradewind 6]

We have an interesting and unusual situation. I am an American Citizen and my wife is Colombiana and we both have residency in Panama where we were married 3 years ago in Panama. A year and 1/2 ago we applied for a B1/B2 visa which we received for 5 years. I wish now to move to the USA with my wife and get her permanent residency. A situation occurred in Panama where I was shot many times during a robbery but lived. My wife was with me at the time. I can identify the perps so we are afraid for our lives there. We are both suffering with PSTD , and are afraid to continue to live in Panama so we have been traveling back and forth from USA and Guatemala or Honduras (where we have only tourist status 3 months) using the B1/B2. We have had no problems leaving or re-entering the USA and she has received 6 months max every time without question. Immigration have always been courteous to us with not problems.

My understanding is that we need to do a direct consular filing but do not want to file in Panama because we have to live there again.

Can we file in the USA and where can this be done? We have a place to live in the USA in Southern California.

Thanks for your help.

[lost_at_sea 995]

I'm sorry to hear of your situation.

Most people don't do DCF - it tends to the case that a majority of people don't qualify - as such, pretty much all of these married couples do as you want and file while the petitioner lives in the US and the beneficiary lives abroad, or while both the petitioner and beneficiary live abroad. This is the guide to do that:

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

This will likely be slower than the DCF route, but means you can both live anywhere (within the restrictions of any visas you have).

Note, as with DCF, you'll need to either re-establish your US residency (which you've likely done by buying a house there already) or find a joint-sponsor in order to complete the affidavit of support you'll need to complete for her IR-1 visa. See this guide for more: http://travel.state.gov/visa/immigrants/info/info_3183.html You or your joint-sponsor will need to make the appropriate amount of money to qualify as well, of course.

Others may have better plans, but that's one option.

Edited June 26, 2013 by lost_at_sea

[Darnell 8,478]

it smells to me like you could transit it with the B1,

then instead of chasing a visa,

chase after adjustment of status, instead.

[Tradewind 6]

Where would we find "adjustment of status" ? Thanks

[Darnell 8,478]

http://www.visajourney.com/content/i130guide2

http://www.visajourney.com/content/i130guide2

http://www.visajourney.com/content/i130guide2