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spectrrr

Uhh oh... I don't live in the USA, BUT I don't meet residency to qualify for DCF... now what?

By spectrrr in IR-1 / CR-1 Spouse Visa Process & Procedures

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spectrrr Contributor

spectrrr   14

Posted
Filed: Country: Venezuela
 Timeline
Posted (edited)

Well, I'm not sure what my options are here... from everything I am reading, it appears that I am stuck in between visa options.

I am a US Citizen, living in Venezuela since April, 2013. My wife is a Venezuelan citizen. We were married here in Venezuela, in April 2013, after dating for 5 years.

I have a Transeúnte Familiar visa (transient family, NOT a residency visa) that is valid for 1 year from the date of issue, May 2013. I also have a Venezuelan ID card (Cedula #). The Cedula is also marked Transeúnte. Stamps in my passport will confirm that I have been here in Venezuela since April, with only a few short trips outside of the country.

My wife and I have decided to move back to the United States. She will be free from obligations here and available to move anytime beginning in April, 2014, which means we need to get working on the paperwork right now.

In trying to determine what visa to apply for, I ran into a snag. The CR-1 and K3 both appear to be designed to be filed by a US petitioner living in the United States. If you live outside of the United States, most information says to file directly with the embassy (Direct Consular Filing). EXCEPT... DCF requires legal residency in the country, and I have to live in Venezuela for 2 years before I can apply for "residency", which appears to be a requirement to petition for a visa directly at the consulate.

Which means that although I do not have domicile in the United States, I have no address, etc... and the only thing I have back in the United States right now is a Bank Account, some Student Loans, and a rented storage room with my old stuff in it.... and yet, it would seem that technically I am still a resident of the United States, not here in Venezuela.

So folks, tell me some good news that I overlooked. Surely there must be a way to petition for a visa for my wife from here in Venezuela? If DCF filing is not available, then what is?? Is the ONLY option available to FedEx the I-130 and I-129F document packets from here to the Chicago Lockbox? I'm not broke, but I don't have money to burn either, this needs to be planned out and executed in an orderly manner.

The one thing that I do know is that extended separation from my wife is NOT an option. I realize many people have been forced to endure very lengthy separations while waiting for their visa, and I truly salute them... but I know my wife, it would kill her. So I need to come up with an option that keeps us together while going through the process. Short trips back to the USA are ok… BUT bear in mind that due to the current economic situation here in Venezuela, finding a plane ticket to leave the country in anything less than 4 months advance notice is extraordinarily difficult.

Edited by spectrrr

-=-=-=-=-=- OUR TIMELINE AND JOURNEY: -=-=-=-=-=-

03 / 2008 -- First visit to Venezuela, while visiting friends, I first met my future fiance
2008-2012 - Six more visits to Venezuela and a proposal :)

04 / 2013 -- MARRIED IN VENEZUELA!! biggrin.png

05 / 2013 -- TR-FV visa issued to live in Venezuela for 1 year.

05 / 2014 -- TR-FV visa extension issued to continue living in Venezuela for 1 more year.

02 / 18 / 2015 -- I-130 paperwork handed to FedEx

02 / 25 / 2015 -- Received at Chicago LockBox

02 / 27 / 2015 -- NOA1 received. (California Service Center)

05 / 20 / 2015 -- NOA2 approval. (84 days).

-=-=-=-=-=- THE FUTURE: -=-=-=-=-=-

2017 - Wife goes back to school for 2 more years in the US so she can practice (Dentist)

NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

You need to establish that you can support your wife either directly or with the help of a co sponsor ( family friend in the US ) If you can do with without moving back first then you can send the petition in from there and stay there as long as possible if not there is no way other than you to move back first or stay there and forget the US, At some point you have to convince immigration that you have residence or intent to reside in the US , again if you can do that from there fine. Otherwise you can't get a visa.

This will not be over quickly. You will not enjoy this.

spectrrr Contributor

spectrrr   14

Posted
Filed: Country: Venezuela
 Timeline
  • Author
Posted

Alrighty then.... file the I-130 from here, then wait....

Later on, domicile and I-864. I do have a co-sponsor in the US that will allow me to meet the support requirements. And I've read through the big domicile thread. I should be able to show intent to reestablish domicile with tax filings, an advance contract for apartment rental, and job offer for employment at a friends company who will help us get on our feet in the US.

Now if only the I-130 system in the US was not so terribly broken.... 2 years waiting here we come... ranting33va.gif

-=-=-=-=-=- OUR TIMELINE AND JOURNEY: -=-=-=-=-=-

03 / 2008 -- First visit to Venezuela, while visiting friends, I first met my future fiance
2008-2012 - Six more visits to Venezuela and a proposal :)

04 / 2013 -- MARRIED IN VENEZUELA!! biggrin.png

05 / 2013 -- TR-FV visa issued to live in Venezuela for 1 year.

05 / 2014 -- TR-FV visa extension issued to continue living in Venezuela for 1 more year.

02 / 18 / 2015 -- I-130 paperwork handed to FedEx

02 / 25 / 2015 -- Received at Chicago LockBox

02 / 27 / 2015 -- NOA1 received. (California Service Center)

05 / 20 / 2015 -- NOA2 approval. (84 days).

-=-=-=-=-=- THE FUTURE: -=-=-=-=-=-

2017 - Wife goes back to school for 2 more years in the US so she can practice (Dentist)

Ryan H Grand Master

Ryan H   3,834

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from What Visa Do I Need - Family Based Immigration forum to IR-1/CR-1 Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Kaylara Proficient

Kaylara   814

Posted
Filed: IR-1/CR-1 Visa Country: Netherlands
 Timeline
Posted

But on the happy side, you'll be together during it. :)

3/25/2006 - Got Married

3/20/2013 - I130 Priority Date
11/6/2013 - Transferred to Nebraska
1/3/2014 - NOA2
1/6/2014 - Petition shipped to NVC
1/21/2014 - NVC Received
2/24/2014 - Case # & IIN
3/3/2014 - DS-261 Available and Submitted
3/4/2014 - AOS Fee Available and Submitted
3/5/2014 - AOS Fee Paid
3/6/2014 - Received AOS Coversheet and Payment Receipt
3/7/2014 - AOS Package Sent
3/10/2014 - NVC Receives AOS package
3/12/2014 - NVC Acknowledges receipt of AOS package
3/21/2014 - Triangle of Doom appears for IV package
3/24/2014 - IV Fee Available and Submitted
3/25/2014 - IV package overnighted to the NVC
3/26/2014 - IV Fee shows PAID
3/26/2014 - DS260 available & submitted
3/26/2014 - IV package delivered to NVC
3/26/2014 - False checklist for IV fee.
3/26/2014 - AOS documents accepted w/no checklists!
3/28/2014 - IV & DS260 logged into NVC System
4/10/2014 - Case Complete!

Interview Date: June 17, 2014

Approved at Interview!

POE Newark on 6/28/2014! He's finally home!

Got a pending I-130? Tired of waiting for something to happen? Let's make something happen: http://www.visajourn...ners-committee/

We need more Twitter followers:@USCI130Cmte

Join our Facebook Group! https://www.facebook.com/groups/USGreencardpetitionerscommittee/

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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