Both Live/reside overseas

[Steven2014 0]

I was reading the descriptions of visas and got confused by the Both live/reside overseas DCF option; we aren't in crisis/humanitarian issues/in danger/in military. The US Consulate in Sweden emailed me back when I asked about this option and they said we May apply for "exceptional filing," but when I looked that up it read the same as DCF.

I am a USC and my wife is a Norwegian Citizen. I got a Norwegian fiance visa back in 2012, moved to Norway and got married in late 2012. We had a daughter the following year whom is a US passport holder.

We have resided in Norway to this day.

My question is which Visa do we need? The CR1 says USCitizen lives in US/spouse lives abroad.

I had really planned on this only taking 6 months, just out of ignorance.

Thank you for your time and please help us get the ball rolling here expecially since it sounds like 14 months?! wow.

[kzielu 1,149]

Your only choice is CR1 (no USCIS international offices in Norway to do DCF) and you will have to either move ahead of your wife or have other means to prove domicile in US (or intent to re-establish it).

[Steven2014 0]

can you elaborate on domicile? ill start googling.

[kzielu 1,149]

can you elaborate on domicile? ill start googling.

Well - to put it short you have to be able to prove domicile so it doesn't look like you're getting green card for somebody but you yourself don't intend to move back. Certain consulates are more strict about it than others, but you'll have to show something regardless of where you apply.

You will also have to meet sponsorship requirements with US based income / assets or use co-sponsor.

[Boiler 45,909]

Do you plan to move back first?

[Steven2014 0]

Thank you for your replies -

No I did not intend on moving back from Norway to the US without my family. I really hope that this isn't required.

My Aunt and Uncle whom are married and live in the US have agreed to Joint sponser my wife aswell as give us a place to live until we find an apartment/house a little later on.

I also have a job waiting for me at said Uncle's company, he is a joint owner. I suppose for Domicle proof purposes I could have him draft up a acceptance letter of a job application from me? Also draft up a lease for staying with them?

I am still in a phase of shock that this could possibly take 14 months. It was just so easy to come to Norway.

Is there any way to apply and move? like some sort of waiver?

Edited February 5, 2015 by Steven2014

[Boiler 45,909]

If you need a waiver then it takes longer.

Nobody is sure what the time lines will be looking forward, the reasonable supposition is that the latest amnesty scenario will overwhelm the system.

[Steven2014 0]

Im assuming she doesnt have to Stay out of the US during this process correct?

[john_and_marlene 162]

It will be an IR1 rather than a CR1 visa since you've been married for more than 2 years.

[NikLR 13,231]

Im assuming she doesnt have to Stay out of the US during this process correct?

She can visit if she has a tourist visa or is part of the VWP.

You don't have to move back ahead of time, but you have to make some effort to show you're reestablishing your domicile (your home and life) in the USA.

[Steven2014 0]

Thank you for your replies -

Its a bit overwhelming looking at the process along with the saddening news it could take a year to be completed. But here goes with the first step

I Have some questions on the I-130 checklist if you all dont mind giving me some input.

1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. 2. Cover Letter. Should include a description of what your are petitioning for (I-130), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet. 3. Form I-130: Petition for Alien Relative 4. Copy of the full Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport. This is used to establish citizenship. 5. A copy of petitioner's proof of naturalization. (If applicable) <- What is this? 6. A copy of petitioner's proof of permanent residency. (If applicable) Is this asking for a copy of my Norwegian Residency card? 7. A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English) (no longer needed) 8. A copy of your marriage certificate (If not inEnglish then again get a translation) 9. If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated (court certified copies of the petitioner's and/or intending immigrant's divorce documents). 10. A copy of a prior spouse's death certificate. (If one or both of you were married before, and the prior spouse died) 11. G-325A filled out by the US Citizen, signed and dated. 12. One passport-type photo (see specification) of the petitioner. Write the full name on the back. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a. 13. G-325A filled out by the non-US Citzen spouse signed and dated. 14. One passport-type photo (see specification) of the non-US Citzen spouse. Write the full name of the beneficiary on the back. Place in a plastic bag and label the bag "Photo of (insert name) ". Attach the bag to a sheet of paper and place behind the corresponding G-325a. 15.

Evidence of a bonafide marriage (see note below for what to include)

Can someone list some examples ?

I thought of, letter from my best man/her maid of honour; copy of our daughters birth certificate, copy of our marriage certificate as stated above, photos of us together.

Thank you all.

[Ryan H 3,819]

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

**Moderator hat off**

Answers to your questions in green text:

• Were you born in the US or not? If you were born in the US, proof of naturalization is not applicable to you.
• They don't want a copy of your Norwegian residency card, that only applies to Green Card holders filling out the I-130 for a relative they are allowed to petition for.
• You gave examples of evidence. Skip the statements from the best man and maid of honor. Such statements carry little to zero weight in the overall evaluation of a file.

Edited February 9, 2015 by Ryan H

[Brewlin 52]

Steven, those dates are estimates. I had my I-130 approved in 42 days. We both live in Sweden. Right now I'm waiting for the NVC.