CR1 without a travel document

[Shamla 2]

Hello Everyone,

I hope you all are doing well as we are all in this long journey together. I was hoping you can answer my question or dilemma. I will explain the situation clearly so that you have all the info in order to respond. 

 

I have known my boyfriend for 2.5 years now. He is a refugee in France. He has his temporary french residency card but it will take at minimum 6 months for him to get his permanent residence card. Only then can he apply for a french travel document. His current country passport is expired already  In order for me to reduce the amount of waiting and being apart, I was thinking that I should apply for the i130 and get that part started at the 6 month mark of when he may get his permanent residency card and travel document. This would mean I apply for the i130 without a passport number or travel document number which I believe is fine to do at the USCIS stage. I believe I read that at the NVC stage is when a passport number or travel document number is needed. 

 

So here are my questions:

1. Can I indeed start the i130 without the passport number or travel document number?

2. After how many months on average would I need to wait in order to then provide the passport number or travel document number?

3. If by the time I need to provide the passport number of travel document number, let's say I don't have the passport yet and its still in processing, would NVC put his case on hold till they get that or will they deny and we have to start all over again?

 

Again my goal here is to reduce wait time and being apart so I was just trying to see if  I can time things correctly so everything can align  Thank you all so much. 

[payxibka 10,045]

2 minutes ago, Shamla said:

Hello Everyone,

I hope you all are doing well as we are all in this long journey together. I was hoping you can answer my question or dilemma. I will explain the situation clearly so that you have all the info in order to respond. 

 

I have known my boyfriend for 2.5 years now. He is a refugee in France. He has his temporary french residency card but it will take at minimum 6 months for him to get his permanent residence card. Only then can he apply for a french travel document. His current country passport is expired already  In order for me to reduce the amount of waiting and being apart, I was thinking that I should apply for the i130 and get that part started at the 6 month mark of when he may get his permanent residency card and travel document. This would mean I apply for the i130 without a passport number or travel document number which I believe is fine to do at the USCIS stage. I believe I read that at the NVC stage is when a passport number or travel document number is needed. 

 

So here are my questions:

1. Can I indeed start the i130 without the passport number or travel document number?

2. After how many months on average would I need to wait in order to then provide the passport number or travel document number?

3. If by the time I need to provide the passport number of travel document number, let's say I don't have the passport yet and its still in processing, would NVC put his case on hold till they get that or will they deny and we have to start all over again?

 

Again my goal here is to reduce wait time and being apart so I was just trying to see if  I can time things correctly so everything can align  Thank you all so much. 

1.  Yes

2.  Visa interview 

3. You can delay NVC until everything is ready 

[Shamla 2]

3 minutes ago, payxibka said:

1.  Yes

2.  Visa interview 

3. You can delay NVC until everything is ready 

Thank you so much. For #3, is there a process to follow to delay until things are ready? I'm not sure how to go about that  If the passport is only needed at the interview, do you mean we can delay the interview until he gets his passport?

[aaron2020 11,651]

5 minutes ago, Shamla said:

Thank you so much. For #3, is there a process to follow to delay until things are ready? I'm not sure how to go about that  If the passport is only needed at the interview, do you mean we can delay the interview until he gets his passport?

You would need to provide his travel document when filing the DS-260 visa application with the NVC.  The case will be held at the NVC until you provide all the required documents.

[payxibka 10,045]

4 minutes ago, Shamla said:

Thank you so much. For #3, is there a process to follow to delay until things are ready? I'm not sure how to go about that  If the passport is only needed at the interview, do you mean we can delay the interview until he gets his passport?

You have a year from when nvc gets the petition and notifies you to log in to your account.  Each time you log in, it resets the one year clock. You can simply slowly provide documents until you have everything. 

[Shamla 2]

7 minutes ago, aaron2020 said:

You would need to provide his travel document when filing the DS-260 visa application with the NVC.  The case will be held at the NVC until you provide all the required documents.

Great. I assume the DS-260 needs to be filled out after 6-8 months from when you file the i130? I'm just trying to time things correctly. Is there any maximum time the NVC holds the documents? I don't mind it being held until we have the required documents, I just don't want to start all over again for some odd reason. 

[aaron2020 11,651]

19 minutes ago, Shamla said:

Great. I assume the DS-260 needs to be filled out after 6-8 months from when you file the i130? I'm just trying to time things correctly. Is there any maximum time the NVC holds the documents? I don't mind it being held until we have the required documents, I just don't want to start all over again for some odd reason. 

The NVC will close a case if there is no communication within a 12 month period.  As long as you send them an e-mail about the case before a year, they will keep the case open.

[Shamla 2]

4 minutes ago, aaron2020 said:

The NVC will close a case if there is no communication within a 12 month period.  As long as you send them an e-mail about the case before a year, they will keep the case open.

Perfect. Thank you so much! I will definitely log on often and communicate. I appreciate your help. 

[Shamla 2]

So final question, if I login at the NVC stage, the clock resets? Do I just keep logging in or do I need to send them an email? I just want to make sure they don't close my case. I will keep logging in and send email if necessary just so my case is not closed for some odd reason. 

[SalishSea 17,836]

57 minutes ago, Shamla said:

Hello Everyone,

I hope you all are doing well as we are all in this long journey together. I was hoping you can answer my question or dilemma. I will explain the situation clearly so that you have all the info in order to respond. 

 

I have known my boyfriend for 2.5 years now. He is a refugee in France. He has his temporary french residency card but it will take at minimum 6 months for him to get his permanent residence card. Only then can he apply for a french travel document. His current country passport is expired already  In order for me to reduce the amount of waiting and being apart, I was thinking that I should apply for the i130 and get that part started at the 6 month mark of when he may get his permanent residency card and travel document. This would mean I apply for the i130 without a passport number or travel document number which I believe is fine to do at the USCIS stage. I believe I read that at the NVC stage is when a passport number or travel document number is needed. 

 

So here are my questions:

1. Can I indeed start the i130 without the passport number or travel document number?

2. After how many months on average would I need to wait in order to then provide the passport number or travel document number?

3. If by the time I need to provide the passport number of travel document number, let's say I don't have the passport yet and its still in processing, would NVC put his case on hold till they get that or will they deny and we have to start all over again?

 

Again my goal here is to reduce wait time and being apart so I was just trying to see if  I can time things correctly so everything can align  Thank you all so much. 

You know you must marry before submitting any petition, right?

[Shamla 2]

5 minutes ago, Jorgedig said:

You know you must marry before submitting any petition, right?

LOL, yes I do know this

Thank you for your response. 

[HKS 169]

What country is ur fiancé from?  The reason why I ask is that could be a factor in wait times. 

[SteveInBostonI130 3,459]

8 hours ago, Shamla said:

Great. I assume the DS-260 needs to be filled out after 6-8 months from when you file the i130? I'm just trying to time things correctly. Is there any maximum time the NVC holds the documents? I don't mind it being held until we have the required documents, I just don't want to start all over again for some odd reason. 

No.

 

Your spouse can fill out the DS-260 at any time as long as the case remains active at NVC.  

 

In your case, have your spouse fill it out as soon as he gets his residency and have his renewed passport.  I don't believe he needs to upload the "travel document" at the NVC stage, unless it is part of his passport renewal.

[carmel34 3,633]

19 hours ago, Shamla said:

I assume the DS-260 needs to be filled out after 6-8 months from when you file the i130? I'm just trying to time things correctly.

DS-260 is only available to be completed after the I-130 petition has been submitted, adjudicated, and approved, plus a few weeks for the file to arrive at the NVC, so all of that, plus getting married first, could take a long time depending on when you actually get married.  If you got married today, your 6-8 month estimate before the DS-260 stage at NVC may be accurate, but you are not yet married so add more time to your estimate, to do that and gather documentation needed to submit the I-130.  If you want to minimize time apart, my advice is to get married as soon as possible and submit the I-130, get in the queue for adjudication.  Good luck!

[Beth & Achraf 328]

23 hours ago, Shamla said:

Hello Everyone,

I hope you all are doing well as we are all in this long journey together. I was hoping you can answer my question or dilemma. I will explain the situation clearly so that you have all the info in order to respond. 

 

I have known my boyfriend for 2.5 years now. He is a refugee in France. He has his temporary french residency card but it will take at minimum 6 months for him to get his permanent residence card. Only then can he apply for a french travel document. His current country passport is expired already  In order for me to reduce the amount of waiting and being apart, I was thinking that I should apply for the i130 and get that part started at the 6 month mark of when he may get his permanent residency card and travel document. This would mean I apply for the i130 without a passport number or travel document number which I believe is fine to do at the USCIS stage. I believe I read that at the NVC stage is when a passport number or travel document number is needed. 

 

So here are my questions:

1. Can I indeed start the i130 without the passport number or travel document number?

2. After how many months on average would I need to wait in order to then provide the passport number or travel document number?

3. If by the time I need to provide the passport number of travel document number, let's say I don't have the passport yet and its still in processing, would NVC put his case on hold till they get that or will they deny and we have to start all over again?

 

Again my goal here is to reduce wait time and being apart so I was just trying to see if  I can time things correctly so everything can align  Thank you all so much. 

What Country is he from?

 

He could go to the embassy of his country there in France, they could maybe assist in issuing him  a new passport.