IR-1 or CR-1?

[moeandlu 4]

Hello!

 

If there is a thread with overview of 'which is right for you', i'm sorry and could i please have a link?

 

I'm US citizen, currently living in UK (husband is UK citizen). We would like to move to the States fall of 2018. We will be married 2 years January of 2018. Would we need to apply before Jan 2018, and if so, would we do CR-1 or IR-1? My understanding is CR-1 is for marriages less than 2 years, IR-1 is 2+ years. 

 

When I moved to UK on spouse visa, I had to apply to receive approval within my window of desired entry, is it the same for IR-1/CR-1 or would we be safe to apply far in advance?

 

With the CR-1/IR-1, the I 130 form needs to be completed, and THIS is what can be filed via DFC, is this correct? is it just this portion of the application or the whole thing, this isn't clear to me. 

 

any advice is much appreciated  

[DrEllaNJ 288]

it's the same petition. Whether you get a 2-year GC or a 10-year is decided upon entry, so as long as you enter after your 2nd anniversary, you're good.

[moeandlu 4]

3 minutes ago, DrEllaNJ said:

it's the same petition. Whether you get a 2-year GC or a 10-year is decided upon entry, so as long as you enter after your 2nd anniversary, you're good.

great, thank you!

 

is work permit included with the IR-1, or is it applied for after GC received?

[DrEllaNJ 288]

also, found this info on i-130 DCF: https://uk.usembassy.gov/embassy-consulates/government-agencies/dhs/uscis/i130filing-html/

looks like it doesn't take all that long (yay DCF) so you may be able to wait until the new year to submit the actual application.

 

And no, no work permit needed as your spouse will get the green card upon entry (a stamp at first, the actual card will be mailed later).

[moeandlu 4]

15 minutes ago, DrEllaNJ said:

also, found this info on i-130 DCF: https://uk.usembassy.gov/embassy-consulates/government-agencies/dhs/uscis/i130filing-html/

looks like it doesn't take all that long (yay DCF) so you may be able to wait until the new year to submit the actual application.

 

 

awesome thank you! is there any negative to filing it before the new year? for example, would we would like to move around november, if we filed it earlier would it force us to move earlier than that in the year? 

Edited July 12, 2017 by moeandlu

[DrEllaNJ 288]

I think the visa is valid for a limited amount of time, so once you get the visa you'll have to move within ?6 months??? or so. But the 130 is valid for a lot longer (you have to check in once a year). So you could always do the 130 first, and then take a break before you schedule the interview/get the visa closer to your projected moving date.

Just fyi, you'll need to prove that you intend to re-establish domicile in the US. There's a lot of threads talking about that and I have no experience on that front

[moeandlu 4]

18 minutes ago, DrEllaNJ said:

I think the visa is valid for a limited amount of time, so once you get the visa you'll have to move within ?6 months??? or so. But the 130 is valid for a lot longer (you have to check in once a year). So you could always do the 130 first, and then take a break before you schedule the interview/get the visa closer to your projected moving date.

Just fyi, you'll need to prove that you intend to re-establish domicile in the US. There's a lot of threads talking about that and I have no experience on that front

ok thanks so much for your help!

 

you can give address of a family member for first 'new' address, correct? i.e. we plan to go to my parents first then get a place

[moeandlu 4]

if filing from outside the US, do i put my mailing address as my UK address or do they want a permanent US residential address? i could put my parents' address

[Abies 1,713]

3 hours ago, moeandlu said:

if filing from outside the US, do i put my mailing address as my UK address or do they want a permanent US residential address? i could put my parents' address

Permanent US residential address

[Ryan H 3,812]

***Similar post in unrelated thread removed; please do not hijack threads started by other members with your own questions.***

 

**Moderator hat off**

 

3 hours ago, moeandlu said:

if filing from outside the US, do i put my mailing address as my UK address or do they want a permanent US residential address? i could put my parents' address

 

When completing the I-130, your mailing address is what it is on the date you sign the form, therefore, you would use your address in the UK when you submit the form (if you qualify for and choose to file at the field office in London {aka DCF}, then you would absolutely want to use the UK address).  When the time comes to establish or show intent to reestablish domicile, that is when your parents' address could be used if you had no other address.

[moeandlu 4]

On 7/29/2017 at 4:09 PM, Ryan H said:

When completing the I-130, your mailing address is what it is on the date you sign the form, therefore, you would use your address in the UK when you submit the form (if you qualify for and choose to file at the field office in London {aka DCF}, then you would absolutely want to use the UK address).  When the time comes to establish or show intent to reestablish domicile, that is when your parents' address could be used if you had no other address.

Thank you!

 

any insight on other questions? I posted on another forum and am getting conflicting answers with each reply re:which address to use. To be clear: I need to provide my address as the one which I will be at throughout the visa application process, correct? I guess I'm thrown off because there's nowhere to note if you're filing from outside the US!

 

so I would mail to the embassy in London for DCF, then what is the process to apply for him to work in the US if/when I-130 approved? What is it called, and do we apply before we move or after we arrive?