Need Help For K1 Vs CR1

[phil09 8]

1. What will be in any snail mail the USCIS and NVC they send me at the address listed in the I-130? Will these be documents that I then must use for further filings or are they simply hard copies of the NOAs that will be sent out that I will also receive via email or internet access?

2. What about my daughter (Chicago) scanning the info in any snail mail I get and sending it on via email to me, will that work. I am just trying to find a way to save a _significant_ amount of cash from unneeded rent when I really would rather be living here in Spain with her where we are now during the process. But of course if that is going to jeopardize the process I will just have to bite the emotional and financial bullet and just move back to the States during this ordeal.

3. And if I put an address in the Chicago area in the I-130 and then on the DS-230 a different one in Chapel Hill, is that going to raise any red flags for the Visa officers in terms of length of time it takes or otherwise hurt approval of her visa? I am noticing postings from from some here that the process for the CR-1 is taking 18 months to 2 years to complete...this surely is a long time to have to wait to be physically finally living with my Russian woman.

4. Personally, phil09, which avenue would YOU choose if you were in my shoes, CR-1 of K-1?

What you say would be great if I can find a way list an address on the forms in the US that will not get me in trouble. Listing a friends address would be perfect assuming that would not be investigated or creat problems later on.

I took the liberty to number your questions above.

1. USCIS and the NVC will send you both notifications (NOAs) and documents you need to act on. For ex., once your application has been approved by USCIS, it will be sent to the NVC; the folks at the NVC will send you a letter to tell you to pay the Affidavit of Support fee ($88, the last time I did it). Where I volunteer, we have always relied on hard-copy snail mail from USCIS/NVC so I do not know if all this can be done via email or not.

2. That's fine, and that's what I'd do myself (i.e., let my daughter scan, then email me any correspondence from USCIS/NVC).

3. I have never come across a case where using 2 different addresses (one in the I-130 and another one in the DS-230) raised any red flags or ensued in further questions. How long each case takes, whether it be CR1 or K1, is not something we have much influence on. I think the basic review done by USCIS in the US takes between 6-8 months for either category, then the file is transferred to NVC and eventually to the US Consulate in the country. If the US Consulate only has 1 Consular Officer (CO) to review and process all the applications, then obviously the wait is going to be significant. On the other hand, if there are 10 COs then your number would be called up much quicker. It also depends on how many applications are in the queue. I think Spain's queue is on the shorter end of the spectrum, at least compared to countries like India or the Philippines.

4. I do not know all the minute details of your case so I would not dare suggest that you file one way or the other. Those details can make a huge difference in which visa to request. However, I can point out some pros and cons for each route.

- The last K1 case that I personally handled took 12 months from the time the I-130 was filed to the time the beneficiary received her immigrant visa;

- The last CR1 case that I personally handled took 11 months between the I-130 filing and visa issuance. So at first sight, I do not think the time difference between the two routes is significant, as long as you have an application with plenty of supporting evidence. Sometimes we would send in a stack of supporting evidence half an inch thick along with the I-130.

- If you bring your lady in via a K1, she would have to apply for a "green card" (GC), and the USCIS fee for that is currently $1,070. If you bring your lady in via a CR1, she will receive a GC at no cost.

- Applying for a GC (if she came in via a K1) may take several months. The longest I have personally seen is 13 months, between the filing of the application and having the GC in hand. This may or may not matter: for ex., if your lady wanted to sponsor her son after she gets to the US, then she won't be able to do it till she has her GC.

Hope it helps.

Edited October 7, 2013 by phil09

[uab1969 20]

phil09, thanks so much for you willingness to help me.

What do you make of NLR's suggestion::

"Actually if you are filing CR1 from abroad, use only an abroad address. Unless the mail is seriously unreliable and you have no internet in which to check or case, in the past this has shown to speed up your case."

Is this possible that I use my address here in Spain, until she files the DS260, where she then could put a US address at an apartment I have rented in the interim?

[phil09 8]

What do you make of NLR's suggestion::

"Actually if you are filing CR1 from abroad, use only an abroad address. Unless the mail is seriously unreliable and you have no internet in which to check or case, in the past this has shown to speed up your case."

Is this possible that I use my address here in Spain, until she files the DS260, where she then could put a US address at an apartment I have rented in the interim?

I have lived all over the world (US, Asia, Africa, Europe) and have found that the US Postal system is the most reliable of all. The only one that would be comparable is Switzerland's. I have no idea how good Spain's is. For that reason, in your shoes, I'd use your daughter's address in Chicago - as long as she can be relied upon to open, scan, and email you the correspondence from USCIS/NVC in a timely manner.

[uab1969 20]

So...if I DO use my abroad address (postal service here is pretty good, just takes a little while to get here), the USCIS and NVC _WILL_ send my mailings here??

Edited October 7, 2013 by uab1969

[phil09 8]

So...if I DO use my abroad address (postal service here is pretty good, just takes a little while to get here), the USCIS and NVC _WILL_ send my mailings here??

Yes, because that would be the only address that USCIS has for you.

However, after your file is transferred to the NVC, you will have to file an Affidavit of Support (form I-864). Then, you'd have to show proof of being domiciled in the US. In my experience, it'll take 7-8 months before you get to that point, once you submit the I-130.

[uab1969 20]

Yes, because that would be the only address that USCIS has for you.

However, after your file is transferred to the NVC, you will have to file an Affidavit of Support (form ). Then, you'd have to show proof of being domiciled in the US. In my experience, it'll take 7-8 months before you get to that point, once you submit the I-130.

Phil, so...what does it mean when you say "you'd have to show proof of being domiciled in the US"?? Is it possible to use a friend's address??

I guess what I could do is wait for the NVC to send me the I-864, go back to the States and rent a place. How much time at this interval that the NVC notifies me do I have before they expect a reply?

Being that I already live here with her in Spain (not many applicants I think have that luxury), I am trying to minimize the away time.

We're about to make some decisions, as she gets back for her visit to Russia, and we are thinking about simply traveling to Denmark for a nice getaway and get married. The move forward with a CR-1 visa, and try to negotiate our way forward without being apart for much time.

[phil09 8]

what does it mean when you say "you'd have to show proof of being domiciled in the US"?? Is it possible to use a friend's address??

I guess what I could do is wait for the NVC to send me the I-864, go back to the States and rent a place. How much time at this interval that the NVC notifies me do I have before they expect a reply?

Scroll down to the second paragraph:

http://lawandborder.com/issues-for-u-s-citizens-expats-in-filing-the-form-i-130-immigrant-petition-for-alien-relative/

I'd use your daughter's address for the I-864. Have you used her address for your Medicare and IRS correspondence up to now?

[uab1969 20]

Scroll down to the second paragraph:

http://lawandborder.com/issues-for-u-s-citizens-expats-in-filing-the-form-i-130-immigrant-petition-for-alien-relative/

I'd use your daughter's address for the I-864. Have you used her address for your Medicare and IRS correspondence up to now?

Yes, and that is indeed my address of record for Medicare, Soc Sec banks, and my tax filings this year.

So if I do that (use her address) what happens when/if she gets her visa approved and we then enter the US and go to Chapel Hill to live instead of the Chicago area? Will the embassy/government do any checking as to my actual physically being there? And will my daughter and her husband encounter any trouble for allowing me to do this. So far no one in 6 years has EVER checked on my address when I was living here, although my address before her place was in Florida though I wasn't physically there (using a friend's address for banks Medicare Banks etc).

Reading that article and using my daughter's address I really don't have to prove anything as far as domicile goes. Unless they make a deal over the fact that I used my Spanish address for the I-130, and then when I files the I-864 it has changed. problem??

Seems to me if I do that I can pretty much stay here through the entire process, except for a trip to CH to do a rental at the end of the "ordeal."

[phil09 8]

1. So if I do that (use her address) what happens when/if she gets her visa approved and we then enter the US and go to Chapel Hill to live instead of the Chicago area? Will the embassy/government do any checking as to my actual physically being there? And will my daughter and her husband encounter any trouble for allowing me to do this.

2. Reading that article and using my daughter's address I really don't have to prove anything as far as domicile goes. Unless they make a deal over the fact that I used my Spanish address for the I-130, and then when I files the I-864 it has changed. problem??

3. Seems to me if I do that I can pretty much stay here through the entire process, except for a trip to CH to do a rental at the end of the "ordeal."

1. Nobody will check on your physical presence at your daughter's address. Your daughter and her family have nothing to be afraid of (Thank God we don't live in a police state!);

2. USCIS and the NVC won't care if you have one address on the I-130 and another on the I-864/DS-230. In 10 years+ of doing this kind of paperwork, I have never seen the question raised.

3. Correct.

[uab1969 20]

So my thought is now to put my address here in Spain for the I-130 (so as to have all papers until the NVC sent here); when the I-864 arrives I put my daughter's address...and all the interview stuff will be sent here to Irina here in Spain as it normally would even if I have a regular US address for the I-130.

The I-864 and DS-230 will also be sent here to Spain as per my address on the I-130, I assume? And then my US address will solely appear of those two forms 864 and 230.

Ok, here we go, payment. I have 2 checking accounts but I have never gotten any checks printed because I pay EVERYTHING via the internet with credit cards and in paying the credit cards I use my account from my bank to pay them electronically. What to do? I am traveling to the US for a couple weeks, starting on Oct 20...I think I can have my bank send me some checks to my daughter's address, and that will also have THAT address imprinted on them, Then I can send physical checks to the NVC/USCIS from here in Spain. Is there any way to pay electronically?

I think I'm almost out of questions, sorry for being so dense about this, I think my situation is a little different than many here.

Thanks, Phil

[phil09 8]

1. So my thought is now to put my address here in Spain for the I-130 (so as to have all papers until the NVC sent here); when the I-864 arrives I put my daughter's address...and all the interview stuff will be sent here to Irina here in Spain as it normally would even if I have a regular US address for the I-130.

2. The I-864 and DS-230 will also be sent here to Spain as per my address on the I-130, I assume? And then my US address will solely appear of those two forms 864 and 230.

3. Ok, here we go, payment. I have 2 checking accounts but I have never gotten any checks printed because I pay EVERYTHING via the internet with credit cards and in paying the credit cards I use my account from my bank to pay them electronically. What to do? I am traveling to the US for a couple weeks, starting on Oct 20...I think I can have my bank send me some checks to my daughter's address, and that will also have THAT address imprinted on them, Then I can send physical checks to the NVC/USCIS from here in Spain. Is there any way to pay electronically?

1. Correct.

2. However, the I-864 will not "arrive." You will get a letter, sent to your address in Spain, from the NVC telling you to pay the I-864 fee ($88) [see #3 for handling payments]. After the payment has been received by the NVC (you need to check if it has been indeed been received, on their website), then you download the I-864, fill it out and send it to the NVC. In other words, you initiate the I-864; it is not sent to you to fill out and send back. Similarly, a few months after you send in the I-864, the NVC will send you a letter to tell you they now need the DS-230, filled out by your wife. You download the form, fill it out, and send it in.

3. As long as you have an account in a US bank, you're fine. The NVC prefers you to pay via ACH, and all you need is the bank's routing number, and your own account number. No paper checks are needed. Here's the online payment web page:

http://travel.state.gov/visa/immigrants/info/info_3906.html

[uab1969 20]

Wow, that about covers it.

You are indeed a kind, giving soul, where do you get so much patience??

There are other fees I know, for instance the I-130 fee, $420 that must accompany the petition - I assume then I WILL need a check that must be included with the petition?

Are there other fees that must accompany different forms, other than the ones I pay at the Embassy and to the Doctors??

[uab1969 20]

Of interest::

"Department of State transitions to online immigrant visa application
Starting September 1, 2013, all immigrant visa applicants will apply online using Form DS-260 (Application for Immigrant Visa and Alien Registration). Applicants will also choose their agent online using Form DS-261 (Choice of Address and Agent). Applicants will access both forms on the web at ceac.state.gov.

These forms replace the paper DS-230 and DS-3032. The National Visa Center (NVC) may instruct some applicants who previously submitted Form DS-230 to submit Form DS-260. Only Diversity Visa and Cuban Family Reunification Parole applicants will continue to use the paper forms. If you have questions or feedback about Forms DS-260 and DS-261, contact the NVC at nvcinquiry@state.gov or 603-334-0700."

http://travel.state.gov/visa/questions/news/news_4413.html

Also::

"USCIS Announces New Immigrant Fee

On February 1, 2013, the U.S. Citizenship and Immigration Services (USCIS) will begin collecting a new USCIS Immigrant Fee of $165 from most immigrant visa recipients who receive their visas on or after February 1, 2013. (IR-3, IH-3, IR-4, IH-4, SB-1, SI, SQ, and K visa holders will not pay the fee.) Review the News Release and USCIS Immigrant Fee on the USCIS website for more information."

http://travel.state.gov/visa/questions/news/news_4413.html

And

"Implementation of New USCIS Immigrant Fee Feb. 1

New fee allows USCIS to recover the costs of processing immigrant visas after individuals receive their visa packages from the Department of State abroad



WASHINGTON—On Feb. 1, 2013, U.S. Citizenship and Immigration Services (USCIS) will begin collecting a new USCIS Immigrant Fee of $165 from foreign nationals seeking permanent residence in the United States. This new fee was established in USCIS’s final rule adjusting fees for immigration applications and petitions announced on Sept. 24, 2010.

USCIS has worked closely with the Department of State (DOS) to implement the new fee which allows USCIS to recover the costs of processing immigrant visas in the United States after immigrant visa holders receive their visa packages from DOS. This includes staff time to handle, file and maintain the immigrant visa package, and the cost of producing and delivering the permanent resident card. The implementation of this new fee is further detailed in a Federal Register notice scheduled for publication tomorrow.

In order to simplify and centralize the payment process, applicants will pay online through the USCIS website after they receive their visa package from DOS and before they depart for the United States. DOS will provide applicants with specific information on how to submit payment when they attend their consular interview. The new fee is in addition to fees charged by DOS associated with an individual’s immigrant visa application.

USCIS processes approximately 36,000 immigrant visa packages each month. Prospective adoptive parents whose child will enter the United States under the Orphan or Hague processes are exempt from the new fee.

For more information visit our USCIS Immigrant Fee webpage."

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ad70f58f7529b310VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

[phil09 8]

You are indeed a kind, giving soul, where do you get so much patience??

There are other fees I know, for instance the I-130 fee, $420 that must accompany the petition - I assume then I WILL need a check that must be included with the petition?

Are there other fees that must accompany different forms, other than the ones I pay at the Embassy and to the Doctors??

I am alive today thanks to the kindness of strangers. Imagine you're a Jew in Nazy Germany, and you have the Gestapo hunting you down. A kind German hides you in his house and helps you get to safety. That's what happened to me 30 years ago (and it wasn't in Germany). Today I am simply paying that kindness forward.

The 3 main fees are: $420 when filing the I-130 (you can pay it with a money order, or ask your daughter to write a check for you - USCIS doesn't care); $88 for the I-864, and $230 for the visa processing. Those last two the NVC prefers to receive via electronic transfer. The only other fee I can think of is the medical exam and vaccinations fee; your wife will be told by NVC which doctors/hospitals in Spain she should go to for that.

I see that NVC is going to an electronic DS-260 form, to replace the DS-230. That's good, you won't have to deal with envelopes and stamps. The content of the form is probably identical to that of the DS-230.

[uab1969 20]

Phil, if you have time please read this thread because it is pretty much what I am planning, but the result is not good. Now I worried about doing it the way we discussed::

http://www.visajourney.com/forums/topic/458131-denied-visa-at-interview/