When To Start The Visa Process?

[D2345 2]

Hi all,

 

I'm an expat staying overseas in Indonesia with my wife at the moment.

 

I would like to apply for her spouse visa so she can come to the US with me, but we are not in a big rush at all since we have things to take care of here in Indo before leaving.

 

So here's my first question. If we want to ENTER the US in August or September 2021 (but definitely NO earlier than that), then what is a good month to start the application process and get the ball rolling?

 

My second question is, will I run into any hurdles doing the entire visa process while I'm overseas? And are there any new hurdles at the moment due to the pandemic?

 

Thanks

[pushbrk 13,063]

22 minutes ago, D2345 said:

Hi all,

 

I'm an expat staying overseas in Indonesia with my wife at the moment.

 

I would like to apply for her spouse visa so she can come to the US with me, but we are not in a big rush at all since we have things to take care of here in Indo before leaving.

 

So here's my first question. If we want to ENTER the US in August or September 2021 (but definitely NO earlier than that), then what is a good month to start the application process and get the ball rolling?

 

My second question is, will I run into any hurdles doing the entire visa process while I'm overseas? And are there any new hurdles at the moment due to the pandemic?

 

Thanks

If you start now, it is probably too late to get the visa by the time you want.  Under normal circumstances it takes a year to 18 months.  However, Consulates are closed now and have been for three months.  Maybe they will open again soon and maybe they will stay open and catch up by the time your case gets to the final stage.  Start by clicking on the word Guides at the top of any page here.  Do some study and then come back with remaining questions.

[OrihimeandIchigo 216]

I would start now the I-130 can take a year to 18 months depending on what service center it goes to to be processed. Also it takes a few weeks to be sent to the NVC to get a case number and after you submit everything on the NVC website it could be months to get approved. Also if by chance your I-130 petition gets approved way faster than expected and your ahead of schedule you can keep it sitting at the NVC center for at most a year until your ready to submit more paperwork. 

 

Also off topic if you need advice on gathering paperwork to prove domicile since you live abroad I can provide you with links to help if you like.

 

Best of Luck  

[Sparkle Sparkle 914]

Start now

[pushbrk 13,063]

35 minutes ago, OrihimeandIchigo said:

I would start now the I-130 can take a year to 18 months depending on what service center it goes to to be processed. Also it takes a few weeks to be sent to the NVC to get a case number and after you submit everything on the NVC website it could be months to get approved. Also if by chance your I-130 petition gets approved way faster than expected and your ahead of schedule you can keep it sitting at the NVC center for at most a year until your ready to submit more paperwork. 

 

Also off topic if you need advice on gathering paperwork to prove domicile since you live abroad I can provide you with links to help if you like.

 

Best of Luck  

The idea that petitioners living overseas need to "prove domicile" is a falsehood.  Except for Canada, the simple fact that the US Citizen files a petition to start a process for their spouse to immigrate to the US, is significant evidence of what is actually needed.  "Evidence of intent to re-establish domicile in the USA".  That along with a stated plan for moving and the requirement that the immigrant cannot enter the US ahead of the petitioner, is almost always enough.

 

Usually, the biggest hurdle is financial sponsorship, but for many, that's not an issue either.

[OrihimeandIchigo 216]

17 minutes ago, pushbrk said:

The idea that petitioners living overseas need to "prove domicile" is a falsehood.  Except for Canada, the simple fact that the US Citizen files a petition to start a process for their spouse to immigrate to the US, is significant evidence of what is actually needed.  "Evidence of intent to re-establish domicile in the USA".  That along with a stated plan for moving and the requirement that the immigrant cannot enter the US ahead of the petitioner, is almost always enough.

 

Usually, the biggest hurdle is financial sponsorship, but for many, that's not an issue either.

Yes that's what I meant @pushbrk "re-establish domicile" not prove domicile thank you for correcting it. 

[pushbrk 13,063]

1 minute ago, OrihimeandIchigo said:

Yes that's what I meant @pushbrk "re-establish domicile" not prove domicile thank you for correcting it. 

OK then.  Since they are coming from Indonesia, not Canada, they probably don't need any help with how to provide evidence of intent.....

 

That's my point.  We have forums and topics here.  That's how VJ works.  We don't solicit people to ask us for direct advice through direct communication.

[OrihimeandIchigo 216]

1 minute ago, pushbrk said:

OK then.  Since they are coming from Indonesia, not Canada, they probably don't need any help with how to provide evidence of intent.....

 

That's my point.  We have forums and topics here.  That's how VJ works.  We don't solicit people to ask us for direct advice through direct communication.

I was just being helpful. I've done SO MUCH research into "re-establishing domicile" since I a US citizen live abroad and filed abroad with my foreign spouse. I've been through the process so I was seeing another poster which is in the same boat and offered my advice in my thought to help their burden and uncertainty they might have in this situation is all. Thanks again for correcting me I forgot about it being "re-establishing and not proving domicile" it was my bad and I'm glad you caught it before the poster googled the wrong thing. 

[pushbrk 13,063]

3 minutes ago, OrihimeandIchigo said:

I was just being helpful. I've done SO MUCH research into "re-establishing domicile" since I a US citizen live abroad and filed abroad with my foreign spouse. I've been through the process so I was seeing another poster which is in the same boat and offered my advice in my thought to help their burden and uncertainty they might have in this situation is all. Thanks again for correcting me I forgot about it being "re-establishing and not proving domicile" it was my bad and I'm glad you caught it before the poster googled the wrong thing. 

And the reason we don't solicit people to get direct advice away from the forums is that when you forget to use accurate terminology again or give bad advice, it will be in private.  None of the people who actually have the correct information will be around to correct you like I did.  Get it?

[OrihimeandIchigo 216]

3 minutes ago, pushbrk said:

And the reason we don't solicit people to get direct advice away from the forums is that when you forget to use accurate terminology again or give bad advice, it will be in private.  None of the people who actually have the correct information will be around to correct you like I did.  Get it?

Even if I worded it wrong. I still would have given the RIGHT information to "re-establish domicile" never the less. 

 

 

[OrihimeandIchigo 216]

6 minutes ago, pushbrk said:

And the reason we don't solicit people to get direct advice away from the forums is that when you forget to use accurate terminology again or give bad advice, it will be in private.  None of the people who actually have the correct information will be around to correct you like I did.  Get it?

Also how is it offering links to helpful resources wrong? Go read my post I offered LINKS. 

[pushbrk 13,063]

5 minutes ago, OrihimeandIchigo said:

Even if I worded it wrong. I still would have given the RIGHT information to "re-establish domicile" never the less. 

 

 

Ugg.  He doesn't need to re-establish domicile until they are already in the US.  The mostly non-issue is "evidence of intent to re-establish domicile".  It's about intent and nothing more.

[OrihimeandIchigo 216]

2 minutes ago, pushbrk said:

Ugg.  He doesn't need to re-establish domicile until they are already in the US.  The mostly non-issue is "evidence of intent to re-establish domicile".  It's about intent and nothing more.

If he wants to move over at the same time as his spouse and not before. Then they are doing Direct consular which means its done through the NVC and to get past the NVC and get approved you must upload the I-864 which in it requires proof of "Domicile or intent to re-establish domicile" so if he doesn't want to move over BEFORE his spouse and at the same time. They're going to have to submit it at the NVC stage before the visa interview at the embassy. 

[pushbrk 13,063]

4 minutes ago, OrihimeandIchigo said:

If he wants to move over at the same time as his spouse and not before. Then they are doing Direct consular which means its done through the NVC and to get past the NVC and get approved you must upload the I-864 which in it requires proof of "Domicile or intent to re-establish domicile" so if he doesn't want to move over BEFORE his spouse and at the same time. They're going to have to submit it at the NVC stage before the visa interview at the embassy. 

There hasn't been any direct consular filing for about a year now ANYWHERE and not in Jakarta for a lot longer than that.

Edited June 22, 2020 by pushbrk

[Tuanadaisy 3]

4 hours ago, D2345 said:

Hi all,

 

I'm an expat staying overseas in Indonesia with my wife at the moment.

 

I would like to apply for her spouse visa so she can come to the US with me, but we are not in a big rush at all since we have things to take care of here in Indo before leaving.

 

So here's my first question. If we want to ENTER the US in August or September 2021 (but definitely NO earlier than that), then what is a good month to start the application process and get the ball rolling?

 

My second question is, will I run into any hurdles doing the entire visa process while I'm overseas? And are there any new hurdles at the moment due to the pandemic?

 

Thanks

Hi. Are you living there/working there and if so how long have you been living there? There are only certain circumstances in which they will allow for you to file when living abroad. I.E. you work for a US based company abroad, etc. Because part of your petition for your spouse requires information such as financials from a job or other source of income, depending upon your status you may or may not be able to file while or from abroad. 
 

Here is a resource I found on the subject:

https://www.nolo.com/legal-encyclopedia/strategies-applying-marriage-based-visa-if-couple-lives-abroad.html
 

However to answer your question, if you meet the requirements which will allow you to file your petition abroad, the standard timeline from receipt of your initial filing packet to receipt of the documents necessary for your spouse to enter the US can take usually 8-14 months. However considering a potential backlog due to Covid-19 and if/when embassies re-open to conduct interviews and their potential backlogs; I would consider filing sooner than later. 
 

In my case, from the date I filed my husband’s petition until he received his documents to enter the US was about 17 months.