CR-1 Visa process confusion

[GBS 2]

Hello all, I've read some of the other posts similar to my situation but I'm still unclear on a couple items and didn't want to hijack an existing topic so hope this is ok.

 

Quick background, I am an Norwegian citizen married to my wonderful US citizen for 20 years, we have a son who has both citizenships the lucky guy.... I moved to US 20 years ago and went the fiancee route at the time but we all returned to Norway for a while, leading me to return the green card, and now plan on going back. The mrs and kid will go first this winter/spring. I understand the process hasn't exactly sped up so dreading that part.....

I figured our first step will be filing for the I-130 from Norway, seems to be an online application now and we'll probably try that. Can this safely be done while mrs and myself are living in Norway? She'll move at some point this winter but hopefully that won't mess with the application.... will it?

 

After that I'm a bit more fuzzy as there seems to be two options:

  Either file a I-129F after getting a "transfer notice" or an receipt of the I-130

  or wait for approval of I-130 and file a "DS-260" with NVC (National Visa Center)

 

Is one preferred over the other? it seems the I-129F doubles the paperwork and cost, if it's not faster is there som other purpose?

 

Any tips appreciated.

[Boiler 46,320]

8 minutes ago, GBS said:

Hello all, I've read some of the other posts similar to my situation but I'm still unclear on a couple items and didn't want to hijack an existing topic so hope this is ok.

 

Quick background, I am an Norwegian citizen married to my wonderful US citizen for 20 years, we have a son who has both citizenships the lucky guy.... I moved to US 20 years ago and went the fiancee route at the time but we all returned to Norway for a while, leading me to return the green card, and now plan on going back. The mrs and kid will go first this winter/spring. I understand the process hasn't exactly sped up so dreading that part.....

I figured our first step will be filing for the I-130 from Norway, seems to be an online application now and we'll probably try that. Can this safely be done while mrs and myself are living in Norway? She'll move at some point this winter but hopefully that won't mess with the application.... will it?

 

After that I'm a bit more fuzzy as there seems to be two options:

  Either file a I-129F after getting a "transfer notice" or an receipt of the I-130

  or wait for approval of I-130 and file a "DS-260" with NVC (National Visa Center)

 

Is one preferred over the other? it seems the I-129F doubles the paperwork and cost, if it's not faster is there som other purpose?

 

Any tips appreciated.

Only one option, IR1 not that bit really matters, and then you interview at your local Consulate. How are you going to be sponsored, is your wife going back first?

[Just Paul 4,595]

You start by filing the I-130 either by mail or online.  Some folks, usually assigned the Nebraska Service Center, have also filed a I-129F to have a K3 processed.  The claim is it causes the spousal visa to be acted on and then the K3 closed.  

 

Go ahead and file the I-130 and see where it goes.

 

 

[SalishSea 18,227]

37 minutes ago, Paul & Mary said:

Some folks, usually assigned the Nebraska Service Center, have also filed a I-129F to have a K3 processed.  The claim is it causes the spousal visa to be acted on and then the K3 closed.  

Has been months since we've seen anyone claim success with this method.  USCIS wisened up to it.

Edited January 6, 2020 by Jorgedig
Talking about Darcey! LOL

[GBS 2]

42 minutes ago, Boiler said:

Only one option, IR1 not that bit really matters, and then you interview at your local Consulate. How are you going to be sponsored, is your wife going back first?

Yeah she's going first and we'll be separated for a while. I lived there for over 10 years so I think the requirement for sponsor doesn't apply I'm my case but either way, we're not going without at least one job there and probably will just attach docs for income when that time comes.

[GBS 2]

43 minutes ago, Paul & Mary said:

You start by filing the I-130 either by mail or online.  Some folks, usually assigned the Nebraska Service Center, have also filed a I-129F to have a K3 processed.  The claim is it causes the spousal visa to be acted on and then the K3 closed.  

 

Go ahead and file the I-130 and see where it goes.

 

 

Sounds good, thanks 👍

[SalishSea 18,227]

1 minute ago, GBS said:

Yeah she's going first and we'll be separated for a while. I lived there for over 10 years so I think the requirement for sponsor doesn't apply I'm my case but either way, we're not going without at least one job there and probably will just attach docs for income when that time comes.

That is an incorrect assumption.  You still need a visa, and a sponsor for that visa.  Sounds like you have some reading/research to do.

Edited January 6, 2020 by Jorgedig

[Boiler 46,320]

2 minutes ago, GBS said:

Yeah she's going first and we'll be separated for a while. I lived there for over 10 years so I think the requirement for sponsor doesn't apply I'm my case but either way, we're not going without at least one job there and probably will just attach docs for income when that time comes.

So you have 40 Quarters?

Edited January 6, 2020 by Boiler

[HRQX 4,145]

17 minutes ago, Jorgedig said:

That is an incorrect assumption.  You still need a visa, and a sponsor for that visa.  Sounds like you have some reading/research to do.

OP might be exempt from needing a I-864 affidavit if he earned (or can be credited with) 40 SSA quarters. In that scenario, he'll submit I-864W, Request for Exemption for Intending Immigrant's Affidavit of Support: https://www.uscis.gov/i-864w

[LilyJ 1,258]

1 hour ago, HRQX said:

OP might be exempt from needing a I-864 affidavit if he earned (or can be credited with) 40 SSA quarters. In that scenario, he'll submit I-864W, Request for Exemption for Intending Immigrant's Affidavit of Support: https://www.uscis.gov/i-864w

He also claims any quarters his wife worked in the US while they were married. So he may very well be more than exempt

[GBS 2]

4 hours ago, LilyJ said:

He also claims any quarters his wife worked in the US while they were married. So he may very well be more than exempt

Yes I have 40 quarters, didn't know my wife also counted but that's interesting. We'll see how that part goes when time comes and thank you to everyone helping.

[HRQX 4,145]

2 hours ago, GBS said:

Yes I have 40 quarters, didn't know my wife also counted but that's interesting.

For reference;  9 FAM 302.8-2(C)(11)(b)

Quote

Even if the applicant qualifies for a waiver of the Form I-864 affidavit requirement, he or she must still complete a Form I-864W. Form I-864W is the applicant’s signed statement that he or she has earned (or can be credited with) 40 quarters (credits) of coverage under the Social Security Act (SSA). The applicant must include SSA earnings statements with their completed Form I-864W. Applicants may not count any quarters during which he or she received a means-tested public benefit. An applicant may be credited with all the qualifying quarters of coverage earned by their spouse during their marriage, provided that the applicant remains married to that spouse, or the spouse is deceased. The National Visa Center (NVC) performs a review of documents, including the Affidavit of Support, for most consular posts. In those instances where the petitioner or the sponsor notifies NVC that they wish to use the Social Security quarters provision in lieu of a Form I-864, NVC requires submission of the Form I-864W and the SSA earnings statement as described above before qualifying the case for forwarding to the post.

 

[JFH 12,191]

Too bad you didn’t apply for citizenship when you were living here before. That would have saved all this cost and paperwork for an IR-1. 

[Amadia 711]

Good luck to you and your family

[US-UK 32]

On 1/7/2020 at 7:18 AM, JFH said:

Too bad you didn’t apply for citizenship when you were living here before. That would have saved all this cost and paperwork for an IR-1. 

And would have created cost and paperwork to file years of US tax returns, FBARs and/or FATCAs, not to mention the risk of inadvertent US tax liability due to things like phantom currency gains, PFICs and foreign trusts.
 

Perhaps when giving advice, we all —myself included— would be wise to remember that even though this is a DIY site, not everyone on VJ has the same financial situation and cost/benefit analysis, such that our advice should be given and, where appropriate, disclaimed accordingly.