should i apply for CR1 or direct consular filing

[suresh kumar atri 0]

hello everyone

my name is suresh,a indian resident.I know my girlfriend since 2011.I have two pictures of her on my facebook to prove that.

 

we broke up in a year because it was not possible for us to be together at that moment,as we didn't knew about visa and i was dependent on my parents and was studying.

 

we are together now since december 2018.she have come to india twice.Once in 2019 and other time in 2020.

 

I proposed her for marriage in 2019,when she was here.I have proofs to prove that.

so now,after this lockdown we are going to get marry in india as per indian traditions. she will love with me in india and go back with me to usa as she don't want to live without me anymore.

 

can you guys please help me with this situation,should we apply for CR1 or DCF.

I would be really grateful to you guys if you can be my support in this journey.

Thank you

 

Somethings about my girlfriend 

 

1) she is from Guatemala,and had green card since she was 15 and applied for citizenship as we wanted to get marry,she got her citizenship back in november 2019 at the age of 31.

 

2) she is a divorcee,got divorced after 5 years of her marriage.(divorced in 2014) and have a son.

son will be living with us in India until i get my visa.

 

 

     

[SalishSea 18,225]

You are not eligible for a CR-1 yet, since you're not married.   And once married, you won't be eligible for DCF.  She will have to send the petition to the lockbox for processing.

[pushbrk 13,181]

11 minutes ago, suresh kumar atri said:

hello everyone

my name is suresh,a indian resident.I know my girlfriend since 2011.I have two pictures of her on my facebook to prove that.

 

we broke up in a year because it was not possible for us to be together at that moment,as we didn't knew about visa and i was dependent on my parents and was studying.

 

we are together now since december 2018.she have come to india twice.Once in 2019 and other time in 2020.

 

I proposed her for marriage in 2019,when she was here.I have proofs to prove that.

so now,after this lockdown we are going to get marry in india as per indian traditions. she will love with me in india and go back with me to usa as she don't want to live without me anymore.

 

can you guys please help me with this situation,should we apply for CR1 or DCF.

I would be really grateful to you guys if you can be my support in this journey.

Thank you

 

Somethings about my girlfriend 

 

1) she is from Guatemala,and had green card since she was 15 and applied for citizenship as we wanted to get marry,she got her citizenship back in november 2019 at the age of 31.

 

2) she is a divorcee,got divorced after 5 years of her marriage.(divorced in 2014) and have a son.

son will be living with us in India until i get my visa.

 

 

     

There is no DCF anymore but even when there was, it would be for a CR1 visa.  Once your married, the process starts with action by the US Citizen, not action by you.  Start by clicking on the word Guides at the top of any page here.  You both have a lot of homework to do.

[suresh kumar atri 0]

1 minute ago, Jorgedig said:

You are not eligible for a CR-1 yet, since you're not married.   And once married, you won't be eligible for DCF.  She will have to send the petition to the lockbox for processing.

thank you,this just cleared all the the doubts i had.

[suresh kumar atri 0]

8 minutes ago, pushbrk said:

There is no DCF anymore but even when there was, it would be for a CR1 visa.  Once your married, the process starts with action by the US Citizen, not action by you.  Start by clicking on the word Guides at the top of any page here.  You both have a lot of homework to do.

thank you, we will!

[geowrian 22,338]

A CR-1 visa is for a spouse of a USC.

A CR-1 visa requires an approved I-130 petition. The I-130 is either filed in the US or it is filed abroad via DCF.

DCF is not available for most countries anymore, except in exceptional circumstances. https://www.uscis.gov/about-us/find-a-uscis-office/international-immigration-offices

Edited August 20, 2020 by geowrian

[suresh kumar atri 0]

3 minutes ago, geowrian said:

A CR-1 visa is for a spouse of a USC.

A CR-1 visa requires an approved I-130 petition. The I-130 is either filed in the US or it is filed abroad via DCF.

DCF is not available for most countries anymore, except in exceptional circumstances. https://www.uscis.gov/news/news-releases/uscis-will-adjust-international-footprint-to-seven-locations

we can only file it from india,as we both will stay in india after marrying. If we cannot file via DCF.What steps should we follow?

[geowrian 22,338]

2 minutes ago, suresh kumar atri said:

we can only file it from india,as we both will stay in india after marrying. If we cannot file via DCF.What steps should we follow?

The I-130 can be filed in the US either online or via paper. Filing online probably makes more sense when filing abroad.

Guide:

 

[suresh kumar atri 0]

2 minutes ago, geowrian said:

The I-130 can be filed in the US either online or via paper. Filing online probably makes more sense when filing abroad.

Guide:

 

thank you sir,it will help!

[SalishSea 18,225]

11 minutes ago, suresh kumar atri said:

we can only file it from india,as we both will stay in india after marrying. If we cannot file via DCF.What steps should we follow?

DCF is not going to happen, buddy.  Lockbox/online filing will be the way to go.

 

ALERT: USCIS issued guidance (PDF, 315.53 KB), effective Feb 1, 2020, delegating authority to the Department of State (DOS) to accept and adjudicate a Form I-130 filed by a U.S. citizen petitioner for an immediate relative if the petitioner establishes exceptional circumstances or falls under blanket authorization criteria defined by USCIS. This guidance, which applies even in countries with a USCIS presence, can be found in the USCIS Policy Manual, Volume 6, Part B Chapter 3. 

As of Feb. 1, 2020, USCIS will no longer accept and adjudicate routine Form I-130 petitions at its remaining international field offices. Petitioners residing overseas who are unable to file with DOS must file Form I-130 by mail with the USCIS lockbox facility in Dallas or online using the USCIS website.

Edited August 20, 2020 by Jorgedig

[suresh kumar atri 0]

11 minutes ago, Jorgedig said:

DCF is not going to happen, buddy.  Lockbox/online filing will be the way to go.

 

ALERT: USCIS issued guidance (PDF, 315.53 KB), effective Feb 1, 2020, delegating authority to the Department of State (DOS) to accept and adjudicate a Form I-130 filed by a U.S. citizen petitioner for an immediate relative if the petitioner establishes exceptional circumstances or falls under blanket authorization criteria defined by USCIS. This guidance, which applies even in countries with a USCIS presence, can be found in the USCIS Policy Manual, Volume 6, Part B Chapter 3. 

As of Feb. 1, 2020, USCIS will no longer accept and adjudicate routine Form I-130 petitions at its remaining international field offices. Petitioners residing overseas who are unable to file with DOS must file Form I-130 by mail with the USCIS lockbox facility in Dallas or online using the USCIS website.

okay brother.will go for online.Thank you

[Just Paul 4,595]

Filing overseas can have some challenges.  She will be filing online or by paper.   Paper does have some benefits if the petition needs to be front loaded.  Fees often need to be paid with a US Based credit card. She needs to be aware that she will be required to re-establish domicile prior to the interview or show that she will return to the US with you.   She is also going to need to file an I-864 and have US tax returns or show she made less than the amount required to file.  A US Citizen, even if living abroad, is required to file a return (this is asked on the I-130).  Obviously if she is not working in the US she will need a joint sponsor that makes enough to cover, you, her, her child, any new children and the sponsor's family.

Edited August 20, 2020 by Paul & Mary

[suresh kumar atri 0]

7 minutes ago, Paul & Mary said:

Filing overseas can have some challenges.  She will be filing online or by paper.   Paper does have some benefits if the petition needs to be front loaded.  Fees often need to be paid with a US Based credit card. She needs to be aware that she will be required to re-establish domicile prior to the interview or show that she will return to the US with you.   She is also going to need to file an I-864 and have US tax returns or show she made less than the amount required to file.  A US Citizen, even if living abroad, is required to file a return (this is asked on the I-130).  Obviously if she is not working in the US she will need a joint sponsor that makes enough to cover, you, her, her child, any new children and the sponsor's family.

thank you so much for your guidance !

[dwheels76 5,475]

11 hours ago, suresh kumar atri said:

we can only file it from india,as we both will stay in india after marrying. If we cannot file via DCF.What steps should we follow?

DCF is not an option. Get married and file online. Goodluck

[suresh kumar atri 0]

3 minutes ago, dwheels76 said:

DCF is not an option. Get married and file online. Goodluck

Thank you!