Can I apply for a CR-1 visa whilst on a Q1 visa?

[adarklingplain 0]

Hi there - I'm one of the many same-sex binational couples still pinching themselves in disbelief after DOMA was repealed on Wednesday meaning we can now file for green cards! It's been a bit of a whirlwind but I have spent 95% of my time since then frantically researching into the whole process.

Because we've spent the vast majority of our relationship not having the possibility of filing for a green card together, we've looked into other ways to be together, and as it stands I currently have a place to work on a Q1 cultural exchange visa in Disney World for a year in February 2014 (USC boyfriend lives in Orlando). We were hoping to get married some time next September/October, and the plan (as it stands now) is to finish my programme in February 2015 and immediately file the I-130 and begin the process for applying for a CR-1 visa. However, I was wondering if I will be able to file for the CR-1 visa whilst still legally working out there - in October/December, say - so as to get a few months of waiting over and done with while I am still able to be with him. I am not intending to adjust status whilst out there - I don't want to risk ruining this chance now that we have it! - but simply file the I-130 a few months before I leave so I don't have to fly home in February 2015 and begin the process then.

Apologies if the answer is glaringly obvious, I have tried to search for it before posting but most of the results seemed to be of people intending to adjust status (there's also little on the Q1 visa anywhere on the internet, it seems like Disney are one of the only companies that sponsor people for it).

[lost_at_sea 995]

Hey,

Congrats (for many reasons!)!

So, it doesn't matter where you live to file the I-130 (nor that you would already be on the Q1). You can file that as soon as you're married, whether you're back in the UK at the time or not.

Your CR-1 application itself will be done in London, so you'll need to be there for the medical and the interview, so you might want to be moved back by the time your petition is approved or have means to check the status of that part (like, have your mail sent to someone who'll keep on top of it for you). The visa application on the UK side takes about 3 - 5 months, if that helps you plan.

This is likely the guide you're looking for: http://www.visajourney.com/content/i130guide1

If you want to cut down on time apart, aim to file the I-130 a good few months before you're intending to come home.

Edited July 1, 2013 by lost_at_sea

[adarklingplain 0]

Hey,

Congrats (for many reasons!)!

So, it doesn't matter where you live to file the I-130 (nor that you would already be on the Q1). You can file that as soon as you're married, whether you're back in the UK at the time or not.

Your CR-1 application itself will be done in London, so you'll need to be there for the medical and the interview, so you might want to be moved back by the time your petition is approved or have means to check the status of that part (like, have your mail sent to someone who'll keep on top of it for you). The visa application on the UK side takes about 3 - 5 months, if that helps you plan.

This is likely the guide you're looking for: http://www.visajourney.com/content/i130guide1

If you want to cut down on time apart, aim to file the I-130 a good few months before you're intending to come home.

Really?! That's fantastic. I was envisaging having to say goodbye for 8 months after having lived in the same city as him for a year, which would have been horrible. So would I just complete the process the exact same way, indicate on the I130 that I arrived on a Q1 visa and want to go through the London Consulate, and they sort out the rest?

Thanks for your help - I'm so glad I found this forum.

[Nich-Nick 3,354]

Really?! That's fantastic. I was envisaging having to say goodbye for 8 months after having lived in the same city as him for a year, which would have been horrible. So would I just complete the process the exact same way, indicate on the I130 that I arrived on a Q1 visa and want to go through the London Consulate, and they sort out the rest?

Thanks for your help - I'm so glad I found this forum.

Your time for London should be shorter than that. For a CR1 visa there is the I -130 petition timeline with USCIS. Once approved, it transfers to the the Dept of State at the National Visa Center (NVC) also in the US (New Hampshire) where visa application forms, your documents, and his affidavit of support will be submitted. It takes a couple of months to process. Then NVC issues you an interview date in London and sends the file to the embassy. Before the interview, a medical will be scheduled by you at the clinic in London. It takes 3-4 days for the results to be couriered to the embassy, so you want to plan the medical visit to be in advance of the interview date enough so they have your results and all is in order for interview day. That means don't plan the medical for the day before the interview or they will not be able to give you a visa decision at the interview.

[lost_at_sea 995]

Really?! That's fantastic. I was envisaging having to say goodbye for 8 months after having lived in the same city as him for a year, which would have been horrible. So would I just complete the process the exact same way, indicate on the I130 that I arrived on a Q1 visa and want to go through the London Consulate, and they sort out the rest?

Thanks for your help - I'm so glad I found this forum.

Yeah. Like I say - have a read of the guide I linked to you, and read pretty much everything Nich-Nick says ever (because she knows everything, it seems) and then feel free to come back and ask more questions. What you're suggesting to do - file an I-130 petition in the USA but still apply for your visa in your home country - is not that unusual. And it's good that you already understood the risks of doing an adjustment of status from Q1, so we didn't have to warn you off it.

[stevie b 141]

if you marry, live and file from abroad.. you should be at the interview stage in less than 5 months

[lost_at_sea 995]

if you marry, live and file from abroad.. you should be at the interview stage in less than 5 months

Mm.. indeed.

I wonder - adarklingpain - do you know that you could get married at your earliest convenience and begin the process? You can be married anywhere that is happy to accept same-sex (shame the UK hasn't got it's act together yet, because you could marry here if that had gone through already). If you were married quite soon and got on filing, you may not even need that Q1 visa.

[adarklingplain 0]

Mm.. indeed.

I wonder - adarklingpain - do you know that you could get married at your earliest convenience and begin the process? You can be married anywhere that is happy to accept same-sex (shame the UK hasn't got it's act together yet, because you could marry here if that had gone through already). If you were married quite soon and got on filing, you may not even need that Q1 visa.

Well, I'm going over in august for 7 weeks, and spent about 5 hours last night trying to organise him and me going to New York and getting married in that time, but it seems like a bit of a logistical nightmare this last minute. Plus we have a few family and friends who are banking on the wedding being next year and want to attend, so I think it's probably a lot easier to stick with the plan and, if needs be, I'll just finish my programme early if my I130 is approved and I get scheduled an interview in London while I'm still out in Florida on my Q1.

My only other concern is that as a prerequisite for my Q1 visa I have to live in Disney housing, and so will not be able to live with my partner. Would this be too much of a problem when it comes to the interview/proving we have a bonafide marriage? We're going to open a joint bank account and do that kind of thing, I'm just worried they'll suspect fraud if I wasn't living with him for the year I spent in the same city as him!

[NigeriaorBust 4,087]

Send in the part of your contract that states the housing rules, IF you are provided with insurance that you can add a spouse add your, get life insurance together

[lost_at_sea 995]

Well, I'm going over in august for 7 weeks, and spent about 5 hours last night trying to organise him and me going to New York and getting married in that time, but it seems like a bit of a logistical nightmare this last minute. Plus we have a few family and friends who are banking on the wedding being next year and want to attend, so I think it's probably a lot easier to stick with the plan and, if needs be, I'll just finish my programme early if my I130 is approved and I get scheduled an interview in London while I'm still out in Florida on my Q1.

My only other concern is that as a prerequisite for my Q1 visa I have to live in Disney housing, and so will not be able to live with my partner. Would this be too much of a problem when it comes to the interview/proving we have a bonafide marriage? We're going to open a joint bank account and do that kind of thing, I'm just worried they'll suspect fraud if I wasn't living with him for the year I spent in the same city as him!

Wow, is the Disney housing like, Disney themed? I imagine it having like a perma-Disney soundtrack on all the time in the background. Good luck with that one.

Should it matter though? Well, for the I-130/CR-1, I think you'll be fine. When it'll get questioned is likely at the interview stage, and you'll be in London for that where they're not insane humans. You'll be able to explain the reasoning for living apart (keep a copy of the Disney contract for evidence of that) and it sounds like you're already planning to build up lots of good other evidence (bank accounts are great, consider other joint things - health insurance plans, car insurance etc.). Remember - for a lot of people doing the I-130/CR-1 they don't even get to live in the same *continent*, let alone city, so they'll be used to seeing couples apart for long periods of time. Document all your trips together and visits etc. etc. I'm sure you know this!

The real evidence of bonafide relationship stuff tends to come when you want to remove your conditions on your greencard (we call it RoC here). Because you're getting a CR-1 visa (like me!) and you'll have been married less than 2 years, you'll get a conditional green card which is only good for 2 years - towards the end of which you remove the conditions to get a proper one. They do this to help catch out fraudsters, and it's then they'll really be looking closely. By then, though, you'll be living happily in your non-Disney home.

[NikLR 13,227]

A lot of people don't live together for the first year of marriage. But you still have to prove a genuine relationship. Do it through pictures, a joint bank account, combining assets etc... Even a will naming each other as beneficiaries helps. Anything showing the length of your relationship. Even chats from facebook or other messengers, as well as emails can be included. Doesn't matter if they're from BEFORE the marriage, you had a genuine relationship.

BTW go up to Canada to get married if you don't mind waiting for the certificate. I suggest BC over Alberta or Ontario as they mail you the marriage certificate within 2 months. (Alberta you have to order it separately and in Ontario it can take 3+ months.... plus BC is beautiful! )

oh and

CONGRATS!!!

[adarklingplain 0]

Just wondering, after a bit more research - at what point do I need to physically return to the country? When I am asked to submit my DS3032, for example, would I need to put my address in Florida, or should I put my parent's address back in the UK? Would it raise suspicion if I put my temporary address in Florida?

[lost_at_sea 995]

Just wondering, after a bit more research - at what point do I need to physically return to the country? When I am asked to submit my DS3032, for example, would I need to put my address in Florida, or should I put my parent's address back in the UK? Would it raise suspicion if I put my temporary address in Florida?

Well, if I were you, I'd list your mailing address as your one in the UK (or your parents or whatever) so you don't have to faff about changing address later. During the petition phase, they're only going to communicate with the petitioner (your soon-to-be husband) and send him mail, it won't be 'til it gets to the local stage that they'll want to start sending you mail and it's easier to deal with if you put the address you want to use then in the first place.

You'll want to be back in the UK shortly after you get approval of the I-130. It'll take a little bit of processing time through the NVC before London is ready to deal with you.

After approval, you as the beneficiary have to send some paperwork (which technically you could send from abroad, it's not like that really matters except in the time it takes to mail it), but you'll have to do your medical and interview in person and you'll want to be in the UK then as the medical and interview will take place a few weeks apart and you'll get notification of the interview in the post - and it could be on quite short notice.

[pushbrk 12,903]

It would seem to me that the repeal of DOMA would allow for immigration of a same sex foreign spouse, however, I've seen no legal opinion on the matter. What I have seen refers to marriages occuring in US States that allow the marriage. Marrying abroad, may or may not bring the same result. Time for a legal opinion. Can anybody point us to one?

[lost_at_sea 995]

It would seem to me that the repeal of DOMA would allow for immigration of a same sex foreign spouse, however, I've seen no legal opinion on the matter. What I have seen refers to marriages occuring in US States that allow the marriage. Marrying abroad, may or may not bring the same result. Time for a legal opinion. Can anybody point us to one?

It's already happened. First same sex immigration couple got their green card this week (go them!): http://www.guardian.co.uk/society/2013/jul/01/gay-couple-florida-green-card

Where they marry has no differing effect, so long as it legally recognised in the country (or state) it occurred in. The blocker before was simply DOMA.

Edited July 3, 2013 by lost_at_sea