Applying from abroad

[Ashtastic 7]

Hello! This might be a stupid question...

My husband and I live in Japan, and are applying for the CR-1 visa from Japan. I'm going to stay here during the whole process. If applying from abroad are the procedures the same as filing from the US? I'm sure there is information on here already but I'm having trouble finding it. For now I am using the guide on this website for when the US citizen files from the US.

Thank you for your help.

[slycordinator 6]

Your first step will be submitting the i-130. Anything referencing submitting an i-485 concurrently don't apply as that is for if you are applying while in the USA for a spouse living abroad

And you submit that at your nearest embassy.

[Ashtastic 7]

Thank you! So I don't need anything extra when filling from abroad?

Also I can't file at the US embassy in Japan. I have to mail it to the US lockbox.

[slycordinator 6]

I don't know how long it takes to get a response when applied that way, as I applied at an embassy with a uscis presence and didn't have to do the lockbox thing.

You'll likely only be able to pay with money order, though I think.

[Lainie B 465]

You are correct, only those who reside in countries with USCIS field offices may use DCF. You will need to send your I-130 to USCIS in the US, same as everyone else filing from within the US. You will need to prove that you intend to move back to the US.

Edited March 27, 2016 by Lainie B

[JFH 12,190]

You will send it to the Chicago lockbox and follow the same procedure as everyone who is filing within the USA. Although the wait for your petition to be approved is likely to be several months, there are other things you can start to prepare so that the next stage goes quicker. You need to get your tax returns up to date and think about the financial support side of things.

[Thesmiths2016 117]

My husband and I are applying from Australia as we both live there. I, like you, had to do a lot of research first.

File your I-130 along with evidence of your relationship (basically the checklist on the I-130 form). You apply to the Chicago lockbox address, and make sure you comply with the fee requirements ... We couldn't Use a money order from here, we had to send our package to my in laws in America and have them enclose a check and then send it to the lockbox for us.

We are still at the very start stage ... It's arrived here but awaiting our NOA1 receipt. Feel free to keep in touch and see how we go!

[7Ken 15]

Thank you! So I don't need anything extra when filling from abroad?

Also I can't file at the US embassy in Japan. I have to mail it to the US lockbox.

I'm a little confused. Is this a question or statement?

"Also I can't file at the US embassy in Japan. I have to mail it to the US lockbox."

DCF is very different and you would file all your papers at the consulate there in Japan.

Unless there is a reason you can't file DCF? you should, it's much easier and faster!

[JFH 12,190]

I'm a little confused. Is this a question or statement?

"Also I can't file at the US embassy in Japan. I have to mail it to the US lockbox."

DCF is very different and you would file all your papers at the consulate there in Japan.

Unless there is a reason you can't file DCF? you should, it's much easier and faster!

But there is no DCF option for Japan.

[Ryan H 3,812]

I'm a little confused. Is this a question or statement?

"Also I can't file at the US embassy in Japan. I have to mail it to the US lockbox."

DCF is very different and you would file all your papers at the consulate there in Japan.

Unless there is a reason you can't file DCF? you should, it's much easier and faster!

DCF is only possible where USCIS has a field in the country and USCIS there are only a few countries that have such offices. Japan is not one of the countries where a USCIS field office is located.

[Thesmiths2016 117]

Ryan is correct. We can only file at an embassy if it's an emergency, humanitarian emergency, etc... And even then it's case by case. We file by posting to the Chicago lockbox. We file only the I-130 (along with the G-325 forms it mentions in the checklist) etc. the I-485 is only for those applying within the country as its a change of current visa status... But apart from how we file, how we pay, and that one form all is the same as applying from the US. :-). Good luck!

[CityofCrom 0]

You may require proof of intended domicile in the US. As far as I can tell that's the only difference. Good luck - I'm getting our koseki tohon today for I-130 filing.

[Ashtastic 7]

Everyone, thank you for all the information. I think I understand what I need to do now. I just need to figure out how to prove my intended domicile in the US. Is there a guide or list of things for that? I don't have an apartment or anything like that in the US. We were just going to live with my parents at first while we searched for one. Thank you again ^^

You will send it to the Chicago lockbox and follow the same procedure as everyone who is filing within the USA. Although the wait for your petition to be approved is likely to be several months, there are other things you can start to prepare so that the next stage goes quicker. You need to get your tax returns up to date and think about the financial support side of things.

Thank you for the tips! Will do

My husband and I are applying from Australia as we both live there. I, like you, had to do a lot of research first.
File your I-130 along with evidence of your relationship (basically the checklist on the I-130 form). You apply to the Chicago lockbox address, and make sure you comply with the fee requirements ... We couldn't Use a money order from here, we had to send our package to my in laws in America and have them enclose a check and then send it to the lockbox for us.
We are still at the very start stage ... It's arrived here but awaiting our NOA1 receipt. Feel free to keep in touch and see how we go!

Oh! Yes let's keep in touch. I ran into a problem with the form of payment as well. I still have a bank account in America and intended to use a check from that bank account. Do you think that's alright? I haven't sent it yet but hopefully I can have it all done by the end of the week. Good luck!

You may require proof of intended domicile in the US. As far as I can tell that's the only difference. Good luck - I'm getting our koseki tohon today for I-130 filing.

Thank you! I wonder what I can use for proof of domicile...

I was so confused about the marriage certificate part since Japan doesn't really have a marriage certificate. I'm glad koseki tohon works Good luck!

[Thesmiths2016 117]

The proof of intended domicile part comes later so don't panic about that just yet .... Clearly you can't make plans til you know you're allowed to go (in their eyes) so they won't ask for that for the I-130.

Yep your American bank acct check will be fine. We have an acct there but just didn't physically have any checks to send! You're a step ahead of us there ?

[awaywego 28]

For the domicile issue with the I-864 (at the NVC stage), you'll either show that you have maintained US domicile or that you intend to reestablish US domicile no later than the date your spouse enters. There is information on this in the I-864 instructions, and there's a nice example letter in the NVC Process FAQ. The letter lists example evidence for both paths, but likely one or the other will better fit your situation. (Not in the letter is working abroad for certain employers; see I-864 instructions if that might apply to you.)

There are threads in the taxes forum about filing from abroad, if you need to get that sorted. (I couldn't tell from the posts.)

Also, there exists a thread of people who live abroad with their spouse in countries that do no offer DCF, which you might find useful.