Filing I 130 from abroad

[Lckearns 0]

Hello,

I'm and American citizen married to a Spanish citizen living in Barcelona. We are starting the I 130 process to move to the US. We were told by one worker that we could apply from abroad and when we move my husband could file additional documents to adjust his status and live and work in the US while waiting for his decision on the I 130.

Today I was told by a different worker that if we file the I 130 while we are living abroad my husband would not be able to enter the states until a decision has been made and petitions filed from abroad are currently backlogged about 6 years. Anyone have experience or can offer input or suggestions with this.

 

Thanks in advance!

[Ben&Zian 4,398]

Doubing it is 6 years haha. Would assume its the same 10-14 months time frame give or take a little maybe.

 

As to entering the US before the processing is done, he can on an appropriate visa(B2 or what not) but no he can not work until approved for the CR-1 and receives green card.

 

He also would need to do an interview in the US embassy in Spain upon petition approval......

 

I do not know if you have the legal standing(residency or work permit or what not) in Spain, or if they offer DCF, but that might also be an option if they do. It's quicker.

 

 

Also, you must as the USC, prove domicile in the US and ability to support your spouse financially, or have a co-sponsor during this process.

Edited March 28, 2017 by Ben&Zian

[MDS 0]

Hi there LcKearns

i am in the same situation. I am Spanish and my Husband is an American citizen. We both live in Spain but for work he is in The US a lot. So we did the petition from Spain. Not planing to move until the process is done but certainly I can visit on my ESTA for a couple of days here and there as far as you don't intend to inmigrate illegally.

[KierenHby 899]

1 hour ago, Lckearns said:

Hello,

I'm and American citizen married to a Spanish citizen living in Barcelona. We are starting the I 130 process to move to the US. We were told by one worker that we could apply from abroad and when we move my husband could file additional documents to adjust his status and live and work in the US while waiting for his decision on the I 130.

Today I was told by a different worker that if we file the I 130 while we are living abroad my husband would not be able to enter the states until a decision has been made and petitions filed from abroad are currently backlogged about 6 years. Anyone have experience or can offer input or suggestions with this.

Nothing like 6 yrs.. i130s filed from abroad are assumed to go through expedited processing. Under a year till interview overseas. 

[Ryan H 3,812]

8 hours ago, Ben&Zian said:

I do not know if you have the legal standing(residency or work permit or what not) in Spain, or if they offer DCF, but that might also be an option if they do. It's quicker.

 

No DCF in Spain.

[laulholley 28]

Cases are not "back-logged" at all. The National Visa Center is taking longer than usual to process cases, but we are talking a delay of weeks, not years. It is currently taking between 10 to 15 months to process a spousal visa petition (and that depends on how quickly you complete paperwork and pay fees).

 

You have the option of filing for either the CR-1/IR-1 visa or the K-3 visa.

 

If you and your spouse have been married more than 2 years, you will need to file the CR-1/IR-1 (they will then classify you as IR-1) and your spouse will receive a 10 year green card.

 

If you have been married less than 2 years, you will need to file the CR-1/IR-1 (they will then classify you as CR-1) and your spouse will receive a 2 year green card.

 

If you have been married less than 2 years, you also have the option of applying for a K-3 visa. I have posted a description of the K-3 visa below:

A K-3 Visa is issued to a non US Citizen who is married to a US Citizen. This is technically a non-immigrant multi-entry Visa with a validity of typically two years. During the two years that the K-3 visa is valid the holder may either file for Adjustment of Status (to become a Legal Permanent Resident of the US) or await their I-130 to be approved in which case they can return to their country to be issued an Immigrant Visa (upon entering the US on the immigrant visa they will become a Legal Permanent Resident). If the K-3 Visa Holder files for Adjustment of Status they may reside in the US while their Adjustment of Status application is processed.

 

I have to say that unless it is imperative that your spouse move to America ASAP, it is better to file a CR-1/IR-1 visa. The K-3 comes with some uncertainty and is more likely to be rejected/have problems and in these uncertain immigration times I personally wouldn't take the risk.

[Thesmiths2016 117]

18 hours ago, KierenHby said:

Nothing like 6 yrs.. i130s filed from abroad are assumed to go through expedited processing. Under a year till interview overseas. 

Just to add to this ... I filed from abroad, we hit one year just last week. We did have a delay of about 6 weeks for some of our paperwork but you should expect a year. Expedite doesn't happen just because you filed from abroad. Myself and many others are evidence of that.
PS: we hope to have our visa in the coming 2 months... but expect a year ago 15 months.

Edited March 29, 2017 by Thesmiths2016

[KierenHby 899]

6 hours ago, Thesmiths2016 said:

Just to add to this ... I filed from abroad, we hit one year just last week. We did have a delay of about 6 weeks for some of our paperwork but you should expect a year. Expedite doesn't happen just because you filed from abroad. Myself and many others are evidence of that.
PS: we hope to have our visa in the coming 2 months... but expect a year ago 15 months.

I recall a few scattered threads about foreign-mailed i130s receiving preferential adjudication because they go to a particular service center. That advantage has disappeared perhaps. 

[Thesmiths2016 117]

5 hours ago, KierenHby said:

I recall a few scattered threads about foreign-mailed i130s receiving preferential adjudication because they go to a particular service center. That advantage has disappeared perhaps. 

I recall that when we first sent our i-130 also, but most of us still end up at Nebraska :-(  The expedites only ever happened at the california service centre but I see even those have slowed down considerably now, for all their petitions, not just abroad.  I think it may have been just for a short time because I don't see any these days who have filed after me and caught up due to a USCIS expedite.