I'm lost about the procedure with IR-1 PLEASE HELP

[David & Diana R 1,005]

We will be ptraying for you. GOD Bless you both.

[tehans 52]

Keep in mind if you are able to do DCF in Spain, your husband must reside there for at least 6 months before filing

[lost_at_sea 995]

Keep in mind if you are able to do DCF in Spain, your husband must reside there for at least 6 months before filing

DCF is not available in Spain. They would be following the normal I-130 route, just with both of them abroad.

[Ayman___ 92]

Hoping you find a way...I know how you feel haven't seen my husband in 7 months.I petitioned him Dec 5,2011 (noa1) almost 2 years ago.Good Luck ...Wishing you the best

[Phoenyx 0]

Thanks everybody for your replies.

I talked to my husband, he is a bit shocked about the processing time for the visa. He spoke with an attorney who told him that it would be possible for me to file if I get in the US with an ESTA visa. Since some people here have told me that it's not possible to do this under a visitor visa, I am wondering what this attorney is talking about. Any experience on this??

Sorry to hear some of you have been waiting for so long. I havent seen my husband since August and is killing me. We couldnt afford to file earlier.

[Phoenyx 0]

DCF is not available in Spain. They would be following the normal I-130 route, just with both of them abroad.

No DCF in Spain. I looked. Thanks

[Mark88 183]

He's talking about AOS - Adjustment of Status. What he is not telling you, is the following:

Let's say someone comes to the US on a B2 visa/VWP, travels and meets someone. In a spur of a moment they decide to get married and the foreigner stays in the US for the process. If the foreigner and USC/LPR have a relationship for couple years (or in your case, are already married), plans on entering the US and then adjust status, that is exactly the way how it can end with deportation.

With the first example, the immigration was not intentional. With the second, you will have to proof to USCIS that you entered the US with not intentions on immigrating. If you fail to to this, this will end in deportation and a possible life long ban.

If you read the VJ forums, you will see how a lot of immigration lawyers are very incompetent. There is no fast track in your case, otherwise everyone would be doing the way the attorney suggested. Oh, and when you're in deportation he will make more money trying to get you out

Edited November 20, 2013 by Mark88

[Phoenyx 0]

He's talking about AOS - Adjustment of Status. What he is not telling you, is the following:

Let's say someone comes to the US on a B2 visa/VWP, travels and meets someone. In a spur of a moment they decide to get married and the foreigner stays in the US for the process. If the foreigner and USC/LPR have a relationship for couple years (or in your case, are already married), plans on entering the US and then adjust status, that is exactly the way how it can end with deportation.

With the first example, the immigration was not intentional. With the second, you will have to proof to USCIS that you entered the US with not intentions on immigrating. If you fail to to this, this will end in deportation and a possible life long ban.

If you read the VJ forums, you will see how a lot of immigration lawyers are very incompetent. There is no fast track in your case, otherwise everyone would be doing the way the attorney suggested. Oh, and when you're in deportation he will make more money trying to get you out

Thanks. This is exactly what I told my husband. Lawyers just want to make money. I will be the one getting deported so I am not going to do it that way and risk a life long ban from the US. While all this was happening, I got awarded a grant to study in Peru for 10 months and since I will have to wait for the visa anyways, i decided to go. My husband said how about he coming to Peru with me and file while we both are abroad. That is a possibility right?

[Mark88 183]

You can file from anywhere in the world.