When is the best time for me to move back to the US?

[ztiberiusd 38]

My girlfriend (NZ citizen) and I (dual citizen of US/NZ) are planning on going through the CR-1 visa process, and I have a few questions. 

 

We are currently studying in university in New Zealand. Our degrees should finish in July 2021. Ideally, we would both want to move to the US upon finishing our degrees, so we can get work and establish lives in the US. 

I have not been able to convince family in the US to joint sponsor the application (which is fair), so I understand that I would have to move back to the US myself and get a job so I could meet the income requirements (and prove domicile). 

 

My main question is, when is the ideal time for me to move to the United States? I cannot move until I finish my degree (July 2021), but we were considering filing the I-130 in around April. Would this be too soon? Obviously we want to spend as little time separated as possible. Would the best time for me to move be after we receive NOA2? That way by the time the case is at the NVC, I will be in the US and can complete the I-864 etc. If this is the case, should we hold off a little longer from filing the I-130 initially? I see that the processing times vary depending on the Service Center, but I wouldn't want to receive NOA2 in September or October and not be able to move myself and complete the I-864 until the following July... But I also don't want to wait too long if it's not necessary, especially given how long processing can take. 

 

I also have a couple other questions. Is a Service Center assigned to us when we receive NOA1, and is there any way to know which Service Center you're going to get, or is it totally random? I'm amazed at how much variance there is in processing times from Potomac (142 days avg between NOA1 and NOA2) to California (365 days avg), for example. 

 

Also, within what timeframe is it reasonable to get the medical exam? Would it be recommended to get it the day before the interview? My wife-to-be would have to fly to the nearest US panel physician in NZ as there is not one within a reasonable driving distance. Of course she could fly there and back for the medical, and again for the interview, but would it be easier to get the medical exam the day before or is that cutting it too fine? 

 

Finally, if I had to move to the US after receiving NOA2, what timeframe for separation could we reasonably be looking at? Assuming everything goes to plan, is it reasonable to estimate 5 weeks for NVC to receive case from USCIS, 3 weeks to assign case number etc, then another 2 weeks for us to pay for the AOS and IV fee and have the NVC receive the AOS and IV packets in the mail? Then 6 weeks for NVC to process everything, and 6 weeks to wait for an interview at the consulate? Then a couple weeks to tie off loose ends and book flights etc. So roughly 6 months separated? I just want to make sure I'm understanding the process correctly and don't have anything confused. 

 

Thank you so much to whoever answers these questions!

 

 

[geowrian 22,337]

File the I-130 now. You can hold at NVC for up to a year w/o doing anything at all. The visa is valid for 6 months from the medical.

It's easy to go slower...usually impossible to go faster.

 

The SC is assigned randomly and is noted on the NOA1.

California (CSC) does not handle Immediate Relative (IR) cases, which includes the spouse of a US citizen. they handle family preference cases, which generally have a multiple-year wait for a visa to become available (they are quota'd)...so no rush on processing their petitions is needed as it would be "hurry up and wait" once it got to NVC anyway.

 

The medical process & timing depends on consulate, but usually it would not be wise to go the day before the interview. Usually give it at least a week, if not 2. Some panel physicians mail the results to the consulate, while others are hand-delivered. Some are 2 day processes (main exam on day 1, results + vaccinations on day 2).

 

I wouldn't worry too much about the timeline after petition approval yet. That is likely to change over the enxt year or so. As noted, you can hold up at NVC if you want.

Those packets are uploaded electronically. No need to mail anything in to NVC.

Timing for consulate interviews varies heavily.

[Duke & Marie 1,389]

You’ll need to meet minimum income for full sponsorships if you return July 21.. that’s at least 22k usd by the end of 21 in order to submit your 21 tax transcript at NVC.. assuming your earning minimal in NZ as a student during 20/21. may not be easy.. 

 

if you submit i130 in April 2020 it goes to random service center although you may be eligible for DCF if you can prove your time in NZ was only temp.. service centres take anywhere between 9-18 months.. 12 ish as an average... after noa 2 approximately April 2021, your case is transferred to NVC you’ve then got 12 months max to submit the AOS etc at NVC Buys you a little income earning time... NVC takes 4-20 wks to process depending on if you get an RFE or not before getting dq.. 

 

You book medical after NVC have scheduled your interview appointment (after dq).. you’ll get around 30 days notice 

 

if you go usa USA in July 21, work and submit 21 taxes in jan 22... your looking at about 12-14 months separation 

[geowrian 22,337]

16 minutes ago, Duke & Marie said:

if you submit i130 in April 2020 it goes to random service center although you may be eligible for DCF if you can prove your time in NZ was only temp.

DCF is not generally available for NZ. A USCIS field office needs to be in the country.

https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

[Duke & Marie 1,389]

44 minutes ago, geowrian said:

DCF is not generally available for NZ. A USCIS field office needs to be in the country.

https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

Sydney processes Oceanic countries, to my knowledge we’re not Asia pacific 

Edited January 5, 2020 by Duke & Marie

[ztiberiusd 38]

1 hour ago, geowrian said:

File the I-130 now. You can hold at NVC for up to a year w/o doing anything at all. The visa is valid for 6 months from the medical.

It's easy to go slower...usually impossible to go faster.

Good point. That's good to know. We aren't married yet, but ready to do so at any time.

1 hour ago, geowrian said:

The SC is assigned randomly and is noted on the NOA1.

California (CSC) does not handle Immediate Relative (IR) cases, which includes the spouse of a US citizen. they handle family preference cases, which generally have a multiple-year wait for a visa to become available (they are quota'd)...so no rush on processing their petitions is needed as it would be "hurry up and wait" once it got to NVC anyway.

That makes a lot of sense. Are Nebraska, Potomac and Texas the SCs which handle I-130s?

 

[ztiberiusd 38]

1 hour ago, Duke & Marie said:

You’ll need to meet minimum income for full sponsorships if you return July 21.. that’s at least 22k usd by the end of 21 in order to submit your 21 tax transcript at NVC.. assuming your earning minimal in NZ as a student during 20/21. may not be easy.. 

I see. This definitely changes my approach somewhat. I was under the false impression that a few months of pay stubs and a letter from my employer would suffice for the I-864, but that's not correct. I should be able to get a job paying $40k at a minimum. Assuming I move to the US July 2021 and begin employment August 2021, would 4 months of income on a tax return be enough? And I read that I'd need 6 months worth of pay stubs, so would it be sufficient if I sent my tax return for ~$13.5k made in 2021, plus 6 months of pay stubs (so send the I-864 in February 2022) and a letter from my employer stating annual income, working hours etc?

1 hour ago, Duke & Marie said:

 

if you submit i130 in April 2020 it goes to random service center although you may be eligible for DCF if you can prove your time in NZ was only temp.. service centres take anywhere between 9-18 months.. 12 ish as an average... after noa 2 approximately April 2021, your case is transferred to NVC you’ve then got 12 months max to submit the AOS etc at NVC Buys you a little income earning time... NVC takes 4-20 wks to process depending on if you get an RFE or not before getting dq.. 

Born and raised in NZ, naturalized US citizen through my American father. So would struggle to prove my time here was only temporary! Seems a little risky to send the I-130 so soon in that case. VJ's Service Center Statistics show an average closer to approx 7 months between NOA1 and NOA2. If I sent I-130 in April 2020 and case was sent to NVC in Dec 2020 or Jan 2021 then it wouldn't be possible to move in July 2021 and file I-864 showing income requirements + 6 months of pay stubs. Seems so counter-intuitive to hold off from filing I-130, but aren't I running a significant risk in filing too soon and not being able to prove income in time? Then we'd have to start all over again... 😱 

1 hour ago, Duke & Marie said:

 

You book medical after NVC have scheduled your interview appointment (after dq).. you’ll get around 30 days notice 

 

if you go usa USA in July 21, work and submit 21 taxes in jan 22... your looking at about 12-14 months separation 

Yeah, 12-14 months sounds about right. Thank you for the informative response. 

 

Here's a dumb question for you. Are there any other options or ways around this that don't involve a joint sponsor? My grandpa in the US understandably did not want to joint sponsor the application and I have numerous other family members and friends in the US, but I don't want to go around begging everyone to joint sponsor... I-864 is still required for K1 etc and the process is basically the same, right? Thanks again for the good answer though.

[geowrian 22,337]

8 hours ago, Duke & Marie said:

Sydney processes Oceanic countries, to my knowledge we’re not Asia pacific 

I'm confused by this. Sydney does not generally do DCF. I don't see a USCIS field office there.

[geowrian 22,337]

7 hours ago, ztiberiusd said:

Good point. That's good to know. We aren't married yet, but ready to do so at any time.

The sooner you start, the sooner you'll finish.

 

7 hours ago, ztiberiusd said:

That makes a lot of sense. Are Nebraska, Potomac and Texas the SCs which handle I-130s?

And Vermont (VSC), I believe. Although I think VSC tends to handle more complicated cases (at least for other types of petitions, like I-129Fs and I-751s), like abuse, AWA crimes, marriage with minors, etc. idk if they get "normal" petitions as well, sorry. Most cases are sent to those 3.

[Duke & Marie 1,389]

7 hours ago, ztiberiusd said:

 

Here's a dumb question for you. Are there any other options or ways around this that don't involve a joint sponsor? My grandpa in the US understandably did not want to joint sponsor the application and I have numerous other family members and friends in the US, but I don't want to go around begging everyone to joint sponsor... I-864 is still required for K1 etc and the process is basically the same, right? Thanks again for the good answer though.

Something I forgot to consider... 

 

The US tax year is Jan 01 - Dec 31... as a US Citizen your required to file taxes or an exemption for the whole year... the whole year will include your time in NZ so you could boost your world wide income by working in NZ while still at UNI during Jan-July.

 

NZ work, that plus anything earnt Aug - Dec in 21 in the US would be the total earnings for the year possibly taking you over the minimum sponsorship requirements.. note... while around 22k is the average, your generally required to earn 125% that amount.. 

 

while working when at uni isn’t easy it is possible, I’ve just completed a full time masters whilst working full time.. it’s probably the only way around the whole co sponsor thing.. I guess in that sense you could work in the NZ this year 2020 and use jan 21 whole of world income tax return at NVC if you earnt enough... say roughly $37k NZ... not much really.. ? But still couldn’t file AOS until you’ve physically landed within the US Aug 2021..doing this would reduce your separation time to around 4-6 months..

 

i wouldnt recommend K1.. while slightly faster, the whole process is more expensive and a lot harder financially and mentally on you for around 8 months after the arrival of your girlfriend.. way too many conditions attached to it..

Edited January 5, 2020 by Duke & Marie

[Nitas_man 3,100]

You can make a fortune overseas and they don’t count a dime of it.
 

Only US income applies for a support affidavit.

[Nitas_man 3,100]

52 minutes ago, Duke & Marie said:

Something I forgot to consider... 

 

while working when at uni isn’t easy it is possible, I’ve just completed a full time masters whilst working full time.. it’s probably the only way around the whole co sponsor thing.. I guess in that sense you could work in the NZ this year 2020 and use jan 21 whole of world income tax return at NVC if you earnt enough... say roughly $37k NZ... not much really.. ? But still couldn’t file AOS until you’ve physically landed within the US Aug 2021..

Forget it again.  Not an option.

[Duke & Marie 1,389]

Just now, Nitas_man said:

Forget it again.  Not an option

 

fair enough... my bad, thought it might be. 

 

Kind of defeats the point of world wide income/taxes though.. not entirely sure how it works with irs 

[Duke & Marie 1,389]

1 minute ago, Duke & Marie said:

 

fair enough... my bad, thought it might be. 

 

Kind of defeats the point of world wide income/taxes though.. not entirely sure how it works with irs... why would his no not be counted as annual income if he’s a USC? 

 

[Lil bear 4,219]

1 hour ago, geowrian said:

I'm confused by this. Sydney does not generally do DCF. I don't see a USCIS field office there.

You are correct. There isn’t one. DCF for AUST /NZ has been approved in a few exceptional circumstances only