IR-1 Visa for spouse in Phils.

[wabi-sabi 2]

Hello,

 

I have been checking this site for info regarding IR-1 visa processing and decided might as well sign up to gain more knowledge. My husband (US citizen) and I have been married for over 10 years now and living in the Phils. My US tourist visa is about to expire and we are now seriously thinking of moving to the US for good. We would like to know if it is highly recommended that we go through the IR-1 visa application with an immigration lawyer or companies that we've come across online like Rapid Visa or Boundless? Had an initial consultation with a lawyer and his fee was $3k+, Rapid Visa and Boundless seem to be more reasonable but are they reliable? There's really not any special circumstances that we are concerned about although we will be using a co-sponsor (relative of my husband). We'd love to know if anyone in this group has successfully completed the process from start to finish on their own (without paying a third party for assistance) with the end result being an approved visa for spouse. Thanks in advance for your inputs!     

[Unlockable 7,314]

13 minutes ago, wabi-sabi said:

We'd love to know if anyone in this group has successfully completed the process from start to finish on their own (without paying a third party for assistance) with the end result being an approved visa for spouse.

That is what this site is. It is a DIY community for immigration. You would literally find 95% or more of the members here who have done their process themselves with great success. Feel free to ask questions about the process or use the site's guides to help you understand the steps more.

 

 

 

14 minutes ago, wabi-sabi said:

Had an initial consultation with a lawyer and his fee was $3k+, Rapid Visa and Boundless seem to be more reasonable 

Hard to convince a site full of people who did the same process themselves for free that any price is reasonable.

 

 

[JeanneAdil 6,505]

Married over 10 years  

I am sure your evidence is overwhelming

USC needs a US income and residency in the US 

Read the "guides" above and then check the word "portal" and read posts and embassy reviews from other members from your country

 

As for a lawyer

any agency or lawyer will tell you to gather all needed documents 

they make out the petition (and as we have heard  they make many mistakes and the USC is responsible for content)

they copy your proofs and mail the petition in

$3000 or any fee is a lot just to fill out 1 paper, copy , and mail

u can fill out the petition online / its rather easy

[Adventine 3,196]

You can DIY the process as long as you invest the time to read the VJ guides, follow the relevant spousal visa threads, and of course the official instructions and forms on the USCIS website. Ideally, both petitioner and beneficiary should work together to study the process.

 

Good luck!

[Just Paul 4,595]

First of all renew your tourist visa.   An IR-1 is pretty simple.  If you believe that your US Citizen spouse has a reason to qualify under exceptional circumstances then he needs to contact the consulate.  We did out DCF in 103 days in 2018.  Each DCF case is unique.

[wabi-sabi 2]

On 9/7/2021 at 9:20 PM, Unlockable said:

That is what this site is. It is a DIY community for immigration. You would literally find 95% or more of the members here who have done their process themselves with great success. Feel free to ask questions about the process or use the site's guides to help you understand the steps more.

 

 

 

Hard to convince a site full of people who did the same process themselves for free that any price is reasonable.

 

 

This is very encouraging to hear, thank you!

[wabi-sabi 2]

On 9/7/2021 at 9:55 PM, Adventine said:

You can DIY the process as long as you invest the time to read the VJ guides, follow the relevant spousal visa threads, and of course the official instructions and forms on the USCIS website. Ideally, both petitioner and beneficiary should work together to study the process.

 

Good luck!

 

Good to know, thank you! Will definitely check the threads.

[wabi-sabi 2]

On 9/7/2021 at 9:54 PM, JeanneAdil said:

Married over 10 years  

I am sure your evidence is overwhelming

USC needs a US income and residency in the US 

Read the "guides" above and then check the word "portal" and read posts and embassy reviews from other members from your country

 

The lawyer we spoke with said my husband has to go back to the US at some point before the interview happens to establish his residency. How true is that? My husband works online for a US company, filed taxes for the last two years and uses his mom's home address in the US for his records. The plan is to stay with his mom for a bit until we find our own place.

[Just Paul 4,595]

2 hours ago, wabi-sabi said:

The lawyer we spoke with said my husband has to go back to the US at some point before the interview happens to establish his residency. How true is that?

That is not an absolute.  Your husband only has to be in the US when you arrive and can arrive with you.  When you are at the NVC stage he will supply yht proof that he has paid his taxes and should include more proof that he has ties to the US and will re-establish his domicile prior to or subsequently to your arrival.  This is all way down the road.  You need to file the I-130 first, and wait for it's approval.

 

Don't hire that lawyer.

Renew your B2

Then file the I-130/I-130A

Then become more knowledgeable about the I-864 and his proof of domicile.

[wabi-sabi 2]

15 hours ago, Paul & Mary said:

That is not an absolute.  Your husband only has to be in the US when you arrive and can arrive with you.  When you are at the NVC stage he will supply yht proof that he has paid his taxes and should include more proof that he has ties to the US and will re-establish his domicile prior to or subsequently to your arrival.  This is all way down the road.  You need to file the I-130 first, and wait for it's approval.

 

Don't hire that lawyer.

Renew your B2

Then file the I-130/I-130A

Then become more knowledgeable about the I-864 and his proof of domicile.

 

Thanks for your input. My B2 visa doesn't really expire until March 2023 but the thought of renewing it first has crossed my mind considering the US embassy here in the Phils. has an ongoing interview waiver until Dec. 31, 2021 and I qualify based on the criteria. In case I do renew my B2 first, we're wondering if it would raise a red flag if we file the I-130 soon after that or if in case we fly to the US on a new tourist visa just to visit while the IR-1 visa application is pending, would that be an issue with CBP?    

[Gisselle Villegas 15]

On 9/7/2021 at 7:03 AM, wabi-sabi said:

Hello,

 

I have been checking this site for info regarding IR-1 visa processing and decided might as well sign up to gain more knowledge. My husband (US citizen) and I have been married for over 10 years now and living in the Phils. My US tourist visa is about to expire and we are now seriously thinking of moving to the US for good. We would like to know if it is highly recommended that we go through the IR-1 visa application with an immigration lawyer or companies that we've come across online like Rapid Visa or Boundless. ? Had an initial consultation with a lawyer and his fee was $3k+, Rapid Visa and Boundless seem to be more reasonable but are they reliable? There's really not any special circumstances that we are concerned about although we will be using a co-sponsor (relative of my husband). We'd love to know if anyone in this group has successfully completed the process from start to finish on their own (without paying a third party for assistance) with the end result being an approved visa for spouse. Thanks in advance for your inputs!     

I am a US citizen married for 16 yrs to my husband who is from Costa Rica and we have been living in his country all those years.  We decided to move to the US a couple of years ago and I started filing with USCIS on my own, without the need of a third party.  It's fairly easy and the online system will take you step by step with what they need during each stage of the process.  Just make sure you provide them with the exact information they need, pay the amounts requested during each stage and just be patient.   Our case took 2 years because we took a break in between stages for 10 months instead of continuing with the process but had we continued I'd say the whole thing from start to finish would take about 16 months to complete.  In our cases, having been married for so many years removes their doubts about fraudulent marriage and things like that which is really their major concern.   I would just save your $$ and proceed to do everything on your own.   Good luck!

[Just Paul 4,595]

5 hours ago, Gisselle Villegas said:

It's fairly easy and the online system will take you step by step with what they need during each stage of the process.

DCF is never online.  It is a completely manual process for the I-130 with the consulate.

[Gisselle Villegas 15]

1 hour ago, Paul & Mary said:

DCF is never online.  It is a completely manual process for the I-130 with the consulate.

Actually we filled out our I-130 online, printed it out and sent it and all other documents via courier (FEDEX) to the address the  USCIS had listed online.   They sent us an email when all the documents were approved and the second stage was then with CEAC or the National Visa Center where every document had to be downloaded and sent to them online.  A month later after that we recieved a notice from the NVC that all documents were approved and accepted and that the US Embassy would be contacting us for an Interiew date which they did just 2 weeks later.  The Embassy sent an email with the date of the interview for that same month and with a link where we go find all the medical information, as well as a list of all the documents my husband had to bring with him to the interview.   Except for the first stage of submission of documents, everything else has been online and the instructions are step by step so if you are diligent and read carefully it's easy to follow, just a little time consuming to collect everything they ask for.

Edited September 12, 2021 by Gisselle Villegas

[Just Paul 4,595]

29 minutes ago, Gisselle Villegas said:

Actually we filled out our I-130 online, printed it out and sent it and all other documents via courier (FEDEX) to the address the  USCIS had listed online.   They sent us an email when all the documents were approved and the second stage was then with CEAC or the National Visa Center where every document had to be downloaded and sent to them online

You are confusing Stateside I-130 filing with DCF.  In a Direct Consular Filing (DCF) the I-130 is filed with the CONSULATE and the NVC is never involved.   If the NVC was involved then it was not a DCF submitted I-130..  Also in a DCF the beneficiary is required to set the appointment.

[Gisselle Villegas 15]

45 minutes ago, Paul & Mary said:

You are confusing Stateside I-130 filing with DCF.  In a Direct Consular Filing (DCF) the I-130 is filed with the CONSULATE and the NVC is never involved.   If the NVC was involved then it was not a DCF submitted I-130..  Also in a DCF the beneficiary is required to set the appointment.

I don't know what DCF is but my case is very similar to the OP's, with US citizens living abroad with our spouses of many years together and filing a petition for their Green Card from abroad.   Also, certain requirements change a little for those of us who have been with our spouses for so long  so, I would believe she would have to proceed the same way I did and I recommend they do it on their own without paying a third party to gather and file the paperwork for them.   It's a pretty easy process and it's all about being patient with timeframes especially for the final interview since some Consulates are more swamped than others.

Edited September 12, 2021 by Gisselle Villegas