US/EU citizen in Czech Rep looking for IR1

[US/EU_in_Czech 6]

Hey all!

 

I'm a US/EU (Croatia) dual-citizen living in Prague with my wife, who is Chinese. We'd like to move to the US, and I've learned that I first need to obtain a IR1 visa for her.

 

Previously I thought she could enter on her tourist visa and then apply for a green card once we arrive, but it seems like this is not a reliable path.

 

I'd like to get some clarification about whether I file the application by mail to Chicago or Frankfurt.

 

Here's what we have:

 

• US marriage certificate from 2015
• Chinese marriage certificate from 2015
• US bank account (me)
• A person who will write a letter allowing us to stay with them when we first move.
• A 10-year tourist visa (my wife, from China)
• Residency in the Czech Republic

 

I'm in the process now of applying for jobs in our chosen US city. Given our situation, can anyone give us some tips on where and how to apply for this immigration visa?

 

Thanks!

Edited February 22, 2019 by US/EU_in_Czech

[US/EU_in_Czech 6]

Also -- can we do this while both staying together here in the Czech Republic, or do I have to go back to the US first, and she goes back to China?

[US/EU_in_Czech 6]

5 minutes ago, LizM said:

Hey - this may be of help: https://www.visajourney.com/content/dcf 

 

I was under the impression that not all consulates do DCF, so check if the one in Prague does because that would be the easiest and quickest way. You both would be able to do this while staying in Czech Republic, as far as I'm concerned. 

They don't; we'll have to mail it into the office in Chicago. The only one in Europe that does it is in Frankfurt, and you need German residency to qualify.

[US/EU_in_Czech 6]

That's something I'll have to do, is back-file my taxes. I only filed for the first time last year.

 

I also can't do any of the above things you mentioned, as I don't have children or enough money to buy a home, but I could enlist a joint sponsor to sign affidavits to cover us.

[milimelo 4,582]

May want to get in touch with Frankfurt USCIS - they’re regional so if you get a job and need to move they may take you for processing. 

[US/EU_in_Czech 6]

Thanks, I will do that. I don't have an offer now, but I'm actively applying.

Edited February 22, 2019 by US/EU_in_Czech

[LilyJ 1,258]

Make sure to include more evidence of your marriage; marriage certificates are required, but USCIS also wants to see things like pictures, trips together, and since you have been living together and have been married a longer amount of time, evidence of financial mingling such as a joint bank account, proof of residence together, insurance, and other things like that

[US/EU_in_Czech 6]

2 minutes ago, LilyJohansen said:

Make sure to include more evidence of your marriage; marriage certificates are required, but USCIS also wants to see things like pictures, trips together, and since you have been living together and have been married a longer amount of time, evidence of financial mingling such as a joint bank account, proof of residence together, insurance, and other things like that

I can definitely provide leases, at least of our apartment here, where we can show 3 years. We don't have joint finances, but we have flown to the US and other places several times together. I don't still have the boarding passes, but I do have the emails from the airlines.

 

As for photos, I can grab some from Facebook, but I don't have original film photos...

[LilyJ 1,258]

27 minutes ago, US/EU_in_Czech said:

I can definitely provide leases, at least of our apartment here, where we can show 3 years. We don't have joint finances, but we have flown to the US and other places several times together. I don't still have the boarding passes, but I do have the emails from the airlines.

 

As for photos, I can grab some from Facebook, but I don't have original film photos...

A lease will definitely do, you can also show proof of both of you being responsible for/paying bills to show proof of financial commingling. Photocopies of passport stamps work just as well for proof of travel along with pictures from the vacations. Don't worry about not having original film photos, a printed out word document of the photos with captions of where/when is fine enough. They usually prefer you send copies than originals anyways unless they ask for them.

[US/EU_in_Czech 6]

6 minutes ago, LilyJohansen said:

A lease will definitely do, you can also show proof of both of you being responsible for/paying bills to show proof of financial commingling. Photocopies of passport stamps work just as well for proof of travel along with pictures from the vacations. Don't worry about not having original film photos, a printed out word document of the photos with captions of where/when is fine enough. They usually prefer you send copies than originals anyways unless they ask for them.

I pay all rent and bills from my account, but I can show bank statements of my wife routinely transferring money to my bank account. Maybe that'll work?

 

We can also do passport stamps with travel itineraries, but we're not typically the types who take pictures of ourselves in the places we visit. We usually just take pictures of things we're looking at instead.

[LilyJ 1,258]

19 minutes ago, US/EU_in_Czech said:

I pay all rent and bills from my account, but I can show bank statements of my wife routinely transferring money to my bank account. Maybe that'll work?

 

We can also do passport stamps with travel itineraries, but we're not typically the types who take pictures of ourselves in the places we visit. We usually just take pictures of things we're looking at instead.

It could possibly, but I'll let someone who has more experience/knowledge with that give you a better answer.

Any photos that you have of the two of you will work, unfortunately though you both have to be in the shot, since pictures of places without you both in them are not proof of being there together. I'd just include any photos you have together that prove spending time with each other

[US/EU_in_Czech 6]

6 minutes ago, LilyJohansen said:

It could possibly, but I'll let someone who has more experience/knowledge with that give you a better answer.

Any photos that you have of the two of you will work, unfortunately though you both have to be in the shot, since pictures of places without you both in them are not proof of being there together. I'd just include any photos you have together that prove spending time with each other

I can find a decent amount of those, that's fine.

 

My struggle now is going to be back-filing with the Streamlined Foreign Offshore Exclusion. Wish me luck!

[JFH 12,191]

If you have been living together as man and wife  for three years then just focus on that for evidence. No need to worry about looking for photos or boarding passes - they are good evidence examples for couples who have never lived together prior to filing. But living together is the “gold medal” of bona fide marriage evidence for USCIS. Leases, utility bills in both names, drivers licenses with the same address, mail sent to both names at the same address, etc. 

[US/EU_in_Czech 6]

1 hour ago, JFH said:

If you have been living together as man and wife  for three years then just focus on that for evidence. No need to worry about looking for photos or boarding passes - they are good evidence examples for couples who have never lived together prior to filing. But living together is the “gold medal” of bona fide marriage evidence for USCIS. Leases, utility bills in both names, drivers licenses with the same address, mail sent to both names at the same address, etc. 

That is excellent news. I'm handling all bills, but we're on leases together, we have an envelope addressed to both of us, and we have legal documents that show our address (IDs, visas, etc). Thanks!

[JFH 12,191]

15 minutes ago, US/EU_in_Czech said:

That is excellent news. I'm handling all bills, but we're on leases together, we have an envelope addressed to both of us, and we have legal documents that show our address (IDs, visas, etc). Thanks!

Sounds like the evidence is very good. 

 

Now you you need to focus on the domicile requirements. Keep records of job applications, enquiries to rental agencies for apartments, etc that demonstrate you are making a permanent move home.