fastest way to bring family to the US

[201 12]

good day, to start with I am a us citizen presently resides here in Kuwait. I am here with my Filipina wife ( we got married here in Kuwait but never formally legalized it in both our country) now we have a 5months old baby shes a US citizen. I plan to move back to the US in 3 months time. I want us all to go together to the US. what is the best and fastest way to bring my wife with me to the US?

[Hypnos 6,578]

File for a CR-1/IR-1 immigrant visa for your wife. It will take around a year for her to receive her visa. Three months isn't going to happen.

[CantThinkOfOne 22]

As a USC residing abroad, I think you qualify for DCF (Direct Consular Filing), which is quite a speedy process, but I believe you have to bring proof of domicile in the US 

You might find these helpful, and in OP's signature you can see their Timeline too:

http://www.visajourney.com/content/dcf

Edited April 10, 2017 by CantThinkOfOne

[Kastrs 723]

1 hour ago, CantThinkOfOne said:

As a USC residing abroad, I think you qualify for DCF (Direct Consular Filing), which is quite a speedy process, but I believe you have to bring proof of domicile in the US 

You might find these helpful, and in OP's signature you can see their Timeline too:

http://www.visajourney.com/content/dcf

Nope DCF is not available in Kuwait

 

OP you need an IR1 visa for your wife, follow the guides on this site, the process will take around a year

[CantThinkOfOne 22]

1 hour ago, Kastrs said:

Nope DCF is not available in Kuwait

Nonsense, is has been done, as in the thread I quoted in my first reply here, all OP has to do is contact/ call the embassy in Kuwait and make sure they qualify. While the USCIS does not have a field office in Kuwait, aplicants will be processed by the Athens, Greece office. 

https://www.uscis.gov/about-us/find-uscis-office/international-offices/greece-uscis-athens-field-office

Additionally:

Direct Consular Filing

In General   Direct Consular Filing (DCF) allows a US Consulate to process a IR-1 / CR-1 Visa (for a Non-US Citizen (spouse) married to a US Citizen) without having to wait for the USCIS in the US to process the required paperwork. Instead all paperwork is filed and processed AT THE CONSULATE. This is often a much faster way to get a IR-1 / CR-1 Visa however there is one requirement that must typically be met:  To Qualify: U.S. consulates will typically only do this for US citizens who are Legal Residents of the country (typically for at least six months) in which the US Consulate sits (overseas). You will be required to show proof. This can be any country with a US Consulate (that the US Citizen is a resident) and need not be the country in which the Non-US Citizen Spouse lives.  If the US Citizen qualifies to file using DCF, in most cases it is the quickest route to obtaining a IR-1 / CR-1 Visa. Be sure to contact your respective Consulate to determine if this option is possible. Do not assume it will be. Once the IR-1 / CR-1 Visa is approved their rights of the IR-1 / CR-1 Visa Holder are the same as if they had gone through the USCIS in the US initially. The Non-US Citizen Spouse will upon receiving their visa and entering the US immediately become a Legal Permanent Resident. Their "green card" will be mailed to them shortly after their arrival. As a Legal Permanent Resident they may work and travel to and from the US freely using their "green card" and status as a Legal Permanent Resident.

Edited April 10, 2017 by CantThinkOfOne

[Boiler 46,133]

49 minutes ago, CantThinkOfOne said:

Nonsense, is has been done, as in the thread I quoted in my first reply here, all OP has to do is contact/ call the embassy in Kuwait and make sure they qualify. While the USCIS does not have a field office in Kuwait, aplicants will be processed by the Athens, Greece office. 

https://www.uscis.gov/about-us/find-uscis-office/international-offices/greece-uscis-athens-field-office

Additionally:

Direct Consular Filing

In General   Direct Consular Filing (DCF) allows a US Consulate to process a IR-1 / CR-1 Visa (for a Non-US Citizen (spouse) married to a US Citizen) without having to wait for the USCIS in the US to process the required paperwork. Instead all paperwork is filed and processed AT THE CONSULATE. This is often a much faster way to get a IR-1 / CR-1 Visa however there is one requirement that must typically be met:  To Qualify: U.S. consulates will typically only do this for US citizens who are Legal Residents of the country (typically for at least six months) in which the US Consulate sits (overseas). You will be required to show proof. This can be any country with a US Consulate (that the US Citizen is a resident) and need not be the country in which the Non-US Citizen Spouse lives.  If the US Citizen qualifies to file using DCF, in most cases it is the quickest route to obtaining a IR-1 / CR-1 Visa. Be sure to contact your respective Consulate to determine if this option is possible. Do not assume it will be. Once the IR-1 / CR-1 Visa is approved their rights of the IR-1 / CR-1 Visa Holder are the same as if they had gone through the USCIS in the US initially. The Non-US Citizen Spouse will upon receiving their visa and entering the US immediately become a Legal Permanent Resident. Their "green card" will be mailed to them shortly after their arrival. As a Legal Permanent Resident they may work and travel to and from the US freely using their "green card" and status as a Legal Permanent Resident.

No mention of exceptional circumstances.

[CantThinkOfOne 22]

49 minutes ago, Boiler said:

No mention of exceptional circumstances.

That was the reason I recommended OP to check with the US Embassy there whether they qualify.

[Kastrs 723]

2 hours ago, CantThinkOfOne said:

That was the reason I recommended OP to check with the US Embassy there whether they qualify.

You are giving false hope to the OP

 

OP stated he wants to relocate with his family to the US in 3 months time, there is nothing exceptional or out of the ordinary with those circumstances

 

OP read the guides on this site for IR1 visa expect the process to take about a year

[CantThinkOfOne 22]

1 hour ago, Kastrs said:

You are giving false hope to the OP

 

OP stated he wants to relocate with his family to the US in 3 months time, there is nothing exceptional or out of the ordinary with those circumstances

 

OP read the guides on this site for IR1 visa expect the process to take about a year

Maybe I am giving anyone false hopes (3 months is not realistic indeed, but way shorter than the whole year or more, if they qualify), but it's still may be a valid option for USC that for various reasons are located abroad. He did not mention any exceptional circumstance, but nothing pointing the otherwise either.

That can be waived with a simple call to the local US embassy, before any paperwirk is filed. If not qualifying, okay move on to the "normal" CR1/IR1 path.

What if he trusts your pesimism, goes the long CR/IR way, and after a while after approval (and the about one year of waiting) he is told he would have qualified.

Moreover, he asked for the fastest legal way.... that's the fastest legal way - PROVIDED ONE QUALIFIES. And yes, I have read the USCIS 2012 Policy Memorandum.

Goodluck OP 

 

P.S. Sorry if I unnowingly broke any ToS, mods please remove the "illegal" content, with pointing me to it. Thank you!

Edited April 10, 2017 by CantThinkOfOne

[donddon 4]

3 hours ago, Kastrs said:

You are giving false hope to the OP

 

OP stated he wants to relocate with his family to the US in 3 months time, there is nothing exceptional or out of the ordinary with those circumstances

 

OP read the guides on this site for IR1 visa expect the process to take about a year

In all seriousness why would the OP not make that phone call and find out if the can indeed DCF for their case? If it is possible, he will have his family in the US faster. If not he can go the CR/IR route. Stop denying other people an opportunity if one is in fact available. By leading the OP to not even make a phone to the embassy to clarify is in fact leading them away.

[jan22 3,064]

10 hours ago, CantThinkOfOne said:

As a USC residing abroad, I think you qualify for DCF (Direct Consular Filing), which is quite a speedy process, but I believe you have to bring proof of domicile in the US 

You might find these helpful, and in OP's signature you can see their Timeline too:

http://www.visajourney.com/content/dcf

This information is extremely out-of-date.  What was possible in 2009 is no possible and hasn't been since mid-2011.  To file the I-130 at an Embassy without a USCIS field office, you have to show there is an exceptional circumstance in your case, something above and beyond wanting it to be done quickly and not be separated from your family.  See https://travel.state.gov/content/visas/en/immigrate/immigrant-process/petition/file/filing-immigrant-petitions-outside-the-u-s.html and https://www.uscis.gov/news/alerts/uscis-centralizes-filing-form-i-130.  There is no way a simple call to the Embassy will work -- sufficient information on the exceptional circumstance has to be submitted for forwarding to the governing field office (in this case, Athens) for a decision.  That will take some time.

Edited April 10, 2017 by jan22

[geowrian 22,338]

2 minutes ago, donddon said:

In all seriousness why would the OP not make that phone call and find out if the can indeed DCF for their case? If it is possible, he will have his family in the US faster. If not he can go the CR/IR route. Stop denying other people an opportunity if one is in fact available. By leading the OP to not even make a phone to the embassy to clarify is in fact leading them away.

Yes, the OP can make the call. But there's no data at all to suggest it's even a remote possibility. The standard for "exceptional circumstances" is pretty high...generally higher than those for expedites, which are already pretty strict. It's not even a matter of how small the chances are...it's that there's no reason to believe there is a reason for consideration. It's not to somebody's benefit to start guessing at obscure possibilities. The OP asked about the fastest way to bring his family, and that is the CR-1/IR-1 path with about a year timeframe.

[KierenHby 899]

11 hours ago, 201 said:

good day, to start with I am a us citizen presently resides here in Kuwait. I am here with my Filipina wife ( we got married here in Kuwait but never formally legalized it in both our country) now we have a 5months old baby shes a US citizen. I plan to move back to the US in 3 months time. I want us all to go together to the US. what is the best and fastest way to bring my wife with me to the US?

You can any time. Wife awaits IR\CR-1 visa in kuwait, the wait is ~12 months from i130 filing. That is the fastest, and only way. 

[donddon 4]

48 minutes ago, geowrian said:

Yes, the OP can make the call. But there's no data at all to suggest it's even a remote possibility. The standard for "exceptional circumstances" is pretty high...generally higher than those for expedites, which are already pretty strict. It's not even a matter of how small the chances are...it's that there's no reason to believe there is a reason for consideration. It's not to somebody's benefit to start guessing at obscure possibilities. The OP asked about the fastest way to bring his family, and that is the CR-1/IR-1 path with about a year timeframe.

My apologies, I over looked "exceptional circumstances". Well then OP, CR/IR is the fastest way in this case. Visitor's visa might be a waste of time, effort, emotions and money.

[KierenHby 899]

Visitor's visa not applicable here.