Applying for visa while abroad vs. in the US

[stabila 0]

I currently live abroad with my spouse and had originally planned to apply and wait for his visa while living here. However, I am now considering moving back to the US before him in order to get things settled, apply for jobs, etc. Will this make things more complicated to start the visa process while we're living in different countries, or is it a better move to stay with him in Greece until the whole visa process is finished? Thanks so much

[NikLR 13,232]

It's actually better to start the process abroad because it's faster. It may also be better to move back soon afterwards to establish domicile and if possible have a job for the affidavit of support, unless you have a joint sponsor or sufficient assests.

There is an unofficial auto-expedite for couples who live together abroad. But only if your file is sent to California or Vermont service centers which is beyond your control.

Edited December 12, 2014 by NLR

[susan. 11]

The expedite is not guaranteed since it is not an official policy. Some couples living abroad together get expedited processing, many still have to wait through regular processing times. However, it's worth it to file from abroad and try it out!

[Yabancibride 5]

If you meet the requirements, and are living legally in Greece you can file at the USCIS field office there. According to their website it is 1 to 2 months to process the i130. Which is faster if you don't get the expedited service for living abroad. My husband and I sent ours in from turkey to Chicago and it was approved in a few weeks from California. I think with this stuff it's all in luck. Parts go well and others don't. Here is the field office link http://www.uscis.gov/about-us/find-uscis-office/international-offices/greece-athens-field-office. Good luck!

[NikLR 13,232]

Good point, DCF is available in Greece.

[stabila 0]

If you meet the requirements, and are living legally in Greece you can file at the USCIS field office there. According to their website it is 1 to 2 months to process the i130. Which is faster if you don't get the expedited service for living abroad. My husband and I sent ours in from turkey to Chicago and it was approved in a few weeks from California. I think with this stuff it's all in luck. Parts go well and others don't. Here is the field office link http://www.uscis.gov/about-us/find-uscis-office/international-offices/greece-athens-field-office. Good luck!

Really? I know of a couple here (wife American, husband Spanish I believe) who applied last year and had to go through the 'normal procedure' and it took them about 9-10 months to get the visa approved. I wonder if they just didn't know about this loophole?

Would it make any difference if we did the whole application process and applied while I was still in Greece, and then during the waiting period I left to get settled in the US?

[Ryan H 3,834]

Really? I know of a couple here (wife American, husband Spanish I believe) who applied last year and had to go through the 'normal procedure' and it took them about 9-10 months to get the visa approved. I wonder if they just didn't know about this loophole?

Would it make any difference if we did the whole application process and applied while I was still in Greece, and then during the waiting period I left to get settled in the US?

For starters, DCF is not a loophole, it is a legitimate and normal filing procedure. However, it is only available in countries that have a USCIS field office. If the couple you are referencing was living in Spain, there is no USCIS field office there so this filing procedure was not available to them. There is a USCIS field office in Athens so this procedure is available to you provided you qualify.

[Yabancibride 5]

One of the qualifications is for your marriage to be registered in Greece, which maybe the problem for the American/Spanish couple living in Greece. I think it is worth a call to them after looking at the link if you have questions, that way the source of information is from them. I think you could move back before your spouse even if you file at the field office.

[stabila 0]

For starters, DCF is not a loophole, it is a legitimate and normal filing procedure. However, it is only available in countries that have a USCIS field office. If the couple you are referencing was living in Spain, there is no USCIS field office there so this filing procedure was not available to them. There is a USCIS field office in Athens so this procedure is available to you provided you qualify.

I suppose I didn't mean loophole, but it is not a a filing method most people can use and/or know about. Anyway, the couple did live in Greece for several years, but after reading the link provided above, I guess they didn't qualify since they were living in Athens only for work purposes.

[stabila 0]

One of the qualifications is for your marriage to be registered in Greece, which maybe the problem for the American/Spanish couple living in Greece. I think it is worth a call to them after looking at the link if you have questions, that way the source of information is from them. I think you could move back before your spouse even if you file at the field office.

I think that would have been the problem as well as them living in Greece for business purposes.

From the link above, we should definitely qualify. We were married here, have been residing here since the marriage and I am a legal resident.

If we filed (through this expedited process or otherwise), and then I left, how would the interview work? Shouldn't I also be present for it?

[NikLR 13,232]

No. As long as the process is started you can move back. But DCF moves the case along at a much quicker rate, 3-5 months vs over a year.