Filing inside or outside the US

[Cappedoff 0]

Hello everyone,

Still reading the guides and forums ... I would like to ask ... What is the difference between filing INSIDE the US and OUTSIDE the US. I'm currently living with my spouse outside the US and would like to file here.

I looked here at i130guide 1 and 2 ... and seems in the US there are more files to be filed.

[MarinaMaya 3]

If you file outside you have to wait for at least a year before you can come to US.

[Cappedoff 0]

That really makes no sense ... since filing in the US you have to wait about a year too ... I know this since I have several friends who have done this ... I have read filing at the embassy it's quicker ... either with DCF or if DCF isn't allowed in that country then they may speed up the process.

[newacct 688]

You are living with your "spouse" -- which means you have already married. You are currently outside the US; there is no real way for you to get "in" to the US with the plan to do Adjustment of Status in the US, because most nonimmigrant visas require that you not intend to immigrate on that trip when you enter. So your only choice is to do Consular Processing outside the US.

Edited July 26, 2015 by newacct

[Cappedoff 0]

ok that makes more sense. thank you

[Cappedoff 0]

Ok I'm confused again ... reading more if you live abroad you can file for DCF. But the country we are in doesn't offer this it seems. So where do I send the file? To the embassy or some in the US? And if in the US, where exactly? Thanks again. I'm really out of mind here on what to do

[newacct 688]

http://www.uscis.gov/i-130-addresses

[mallafri76 1,012]

DCF is usually quicker than filing from inside the US. But if your country don't offer DCF then I'm affraid it's the long way for you to, so count about a year.

[Cappedoff 0]

newacct

Thank you for the link.

mallafri76

Well it is what it is ... Can't change that. I'm more interested in just knowing where and a rough estimate of time so we can plan accordingly.

[Velvety 4]

most US citizens living abroad have to send their I-130 packet to the chicago lockbox. No DCF available in our country eather.

[Cappedoff 0]

Thanks Velvety!

[lirpa11 16]

If you file outside you have to wait for at least a year before you can come to US.

Not necessarily. We filed from Australia. Started the process in May 2014, and finished at the end of April 2015. I delayed for four months so we could have finished in 7/8 months (hubby would have been coming to US in February) and I know two others who finished in 7/8 months so you don't have to wait a year. You could, depending on how slow or fast it all goes but it's not definitely a year.

I sent off the petition (Chicago lockbox) at the end of May, and we had NOA1 by mid June 2014. I then took two months to send off info to the NVC.then we got a RFE because I made a mistake in a form and I took anther two months to resend the updated information. That's four months I delayed our case, not immigration. So we could have been done much faster.

With saying that, some parts are out of your hands and it depends on the speed of the government offices at the time. We scheduled in a year to be safe and planned around that that way,if the government delayed us, it would,not be a problem. Just know it can go faster if you want,or you can slow it down like I did.

Edited July 27, 2015 by lirpa11