Are processing times different when Applying for a CR1 from abroad?

[wildflower. 0]

Hi, I am engaged and planning on applying for a CR1 visa for my spouse in the future. A few questions, is there a certain amount of time we should wait after marrying before submitting our application? We are obviously eager to be together but we are also in it for the long haul so I don’t want to apply too early if it is going to work against us. Also, is it significantly helpful if I am in the states during the process? I am a freelancer so I am not tied down to any specific place and I am not feeling the need to be in the states during this process as I would much prefer to spend our time together. However, if it’s going to add a ton of time to our visa process, I’d rather bite the bullet and stay where I am. Any thoughts?

[wildflower. 0]

do you know if the process take the same amount of time?

[Ryan H 3,810]

***Moved from Progress Reports to Process & Procedures.***

 

**Moderator hat off**

 

To dispatch with the semantics first, you will not be sending an application nor will you the petitioner be applying for anything; you will be filing a petition, you spouse will ultimately apply for a visa on the basis of an approved petition.

 

To answer your questions:

• File when ready (i.e. have the required documents and necessary evidence of a bona fide relationship); there is no such thing as 'filing too early working against you'.
• Spend as much time together as you wish; just be sure you maintain domicile in the US as well as doing what is necessary to meet the financial requirements for sponsorship (I-864 goes into detail).  This is not something you have to deal with until after the petition file is approved by USCIS.

[JoannaV 174]

The title of this thread does not quite match the content. If you, the US citizen, are legally residing in the foreign country with the beneficiary (and have been for 6 months, generally) AND that country has a USCIS field office, then you can submit your I-130 to the field office and generally (in the countries I know about) that is quicker than processing the petition in the US.

But you currently live in the US so would be submitting your petition in the US, and Morocco doesn't have a USCIS field office.

So no, no difference in time based on where you are. The only exception is if you manage to lose your mail, which might delay you. If you are able to spend a lot of time with your spouse in Morocco then that can help you in providing evidence of your bonafide marriage. But at the same time (unless you have another sponsor) you do need to ensure you keep your income at the necessary level to meet the financial requirements.

[OLee 64]

We filed in 2014, our whole case took ~8 months from mailing petition to the interview. My usc husband lived with me in my country. Our case was expedited at the uscis stage without particular reason. It was well known then that you have a pretty good chance to be expedited if the usc spouse lives in the foreign spouses ‘s country. There is an old thread about it, but I am not sure the uscis still does it.

[RJandHamid 1,133]

It won't matter where you live when you file (as long as you can prove US domicile), the processing time will be the same.

As to how quickly you should file, depends on your particular case and relationship. Casablanca is a tough consulate. Have you already met your fiancé once before? How much time have you spent in person together? Do you have a large age difference? All if these factors are things that the Casablanca consulate highly considers. You will want to include A LOT of relationship in the initial petition.

[Rocko20 159]

1 hour ago, OLee said:

 It was well known then that you have a pretty good chance to be expedited if the usc spouse lives in the foreign spouses ‘s country. 

My understanding is that this is due to the direct consular filing. (Assuming there is a USCIS field office) 

 

Edited July 15, 2018 by Rocko20

[pushbrk 12,605]

2 hours ago, OLee said:

We filed in 2014, our whole case took ~8 months from mailing petition to the interview. My usc husband lived with me in my country. Our case was expedited at the uscis stage without particular reason. It was well known then that you have a pretty good chance to be expedited if the usc spouse lives in the foreign spouses ‘s country. There is an old thread about it, but I am not sure the uscis still does it.

Back in 2014, some cases were expedited when the USC lived overseas, but that stopped some time ago.  Don't count on any time differences based on location.

[pushbrk 12,605]

1 hour ago, Rocko20 said:

My understanding is that this is due to the direct consular filing. (Assuming there is a USCIS field office) 

 

Not at all.  Direct Consular Filing is not expedited.  The post you are quoting is based on out of date information.  Direct Consular Filing is Not Applicable to Morocco.  It's "much faster" not "expedited".  Still totally not applicable to Morocco.

[Jeanne Adil 1,651]

not faster 

no DFC in morocco

need quality time together

need to show u have commingled fianances (for morocco VJ'ers /not true for other countries)

need a USA residency / to be determined later will not work in casa embassy at interview

[OLee 64]

11 hours ago, Rocko20 said:

My understanding is that this is due to the direct consular filing. (Assuming there is a USCIS field office) 

 

No, not DCF. 

[OLee 64]

10 hours ago, pushbrk said:

Back in 2014, some cases were expedited when the USC lived overseas, but that stopped some time ago.  Don't count on any time differences based on location.

Just shared my experience.

[Nitas_man 3,100]

18 hours ago, wildflower. said:

Hi, I am engaged and planning on applying for a CR1 visa for my spouse in the future. A few questions, is there a certain amount of time we should wait after marrying before submitting our application? We are obviously eager to be together but we are also in it for the long haul so I don’t want to apply too early if it is going to work against us. Also, is it significantly helpful if I am in the states during the process? I am a freelancer so I am not tied down to any specific place and I am not feeling the need to be in the states during this process as I would much prefer to spend our time together. However, if it’s going to add a ton of time to our visa process, I’d rather bite the bullet and stay where I am. Any thoughts?

Answer:  In general, processing takes the same amount of time as a USC submitting a petition to the lockbox. 

 

If you have an emergency need to return to the US with your spouse your case can be submitted to the embassy where you live and any embassy can expedite the processing of the petition but these cases are rare.

 

Filing Form I-130 Petitions in Exceptional Situations

 

U.S. Embassies and Consulates may only accept I-130 petition filings from petitioners who believe they have exceptional situations that would merit an exception from filing by mail to the USCIS Chicago Lockbox.

Petitioners who believe that their situation merits an exception may contact the nearest U.S. Embassy or Consulate to request an exception and explain their circumstances in detail. Each request for an exception will be evaluated individually and must be authorized by the USCIS office that is responsible for that specific U.S. embassy or consulate.

USCIS published guidance on circumstances that may qualify as exceptional.

If your request to file an I-130 petition with a U.S. Embassy or Consulate is not authorized by USCIS, then you must file the petition with the USCIS Chicago Lockbox.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/petition/submit-a-petition/filing-petitions-outside-the-us.html

 

Good luck!

Edited July 15, 2018 by Nitas_man