IR-1 Question

[Margo2017777 90]

Hello,

 

My husband has a work contract in Bahrain till July next year. He will be moving back to U.S and want to apply for visa for me (we are married for 2 years now). 

 

Could you please confirm that I understood correctly and we need to file IR-1 form ? Since we are married for 2 years. I saw that this form can be filed online? He can use there his Bahrain address even though in July he will have U.S address, and I am pretty sure our application might not be approved by that time.

 

Thank you.

[SteveInBostonI130 3,432]

I assume you abandoned your AOS?

 

 

 

IR1/CR1 is the same thing - same forms and process.  It automatically gets categorize as CR1 or IR1 at the interview based on how long you were married at the time.

 

The best way was for your husband to submit the I-130 for you as soon as you decided not to attend the AOS interview and move overseas. 

 

If you file now (I-130 can be filed online), it will take about a year or so.

 

He should use a mailing address in the US - parent's or another relative's address - and list his current physical address in Bahrain.

 

You may be able to ask for DCF.  Ask your husband to join VJ and ask about the DCF process.  He will need to email the US embassy in Bahrain.

 

 

 

[Margo2017777 90]

47 minutes ago, SteveInBostonI130 said:

I assume you abandoned your AOS?

 

 

 

IR1/CR1 is the same thing - same forms and process.  It automatically gets categorize as CR1 or IR1 at the interview based on how long you were married at the time.

 

The best way was for your husband to submit the I-130 for you as soon as you decided not to attend the AOS interview and move overseas. 

 

If you file now (I-130 can be filed online), it will take about a year or so.

 

He should use a mailing address in the US - parent's or another relative's address - and list his current physical address in Bahrain.

 

You may be able to ask for DCF.  Ask your husband to join VJ and ask about the DCF process.  He will need to email the US embassy in Bahrain.

 

 

 

Yes, i have abandoned AOS. USCIS 

was advised accordingly.

 

thank you for your reply, so we will proceed with I-130.

 

from what I understand DCF is only for emergency cases. We don’t really have one. His contract finishes in July and he needs to go back to previous job in U.S but it is not a new job offer or smth like this. He still have long time here.

but we try to give it a shot and mail to embassy. 

 

 

 

 

 

[Dashinka 24,487]

I think you should look into the direct consulate filing (DCF) as relocating for a job can be a reason for a consulate to accept the I130.

 

Good Luck!

[Margo2017777 90]

5 minutes ago, Dashinka said:

I think you should look into the direct consulate filing (DCF) as relocating for a job can be a reason for a consulate to accept the I130.

 

Good Luck!

Do you mean that they might accept i130 faster if we apply for DCF? as I thought these are two different procedures.

[carmel34 3,621]

2 minutes ago, Margo2017777 said:

Do you mean that they might accept i130 faster if we apply for DCF? as I thought these are two different procedures.

Contact the consulate/embassy to ask if they will accept an I-130, for DCF because of a job relocation to the US.  They may or may not accept it.  If not, then file the I-130 online for regular processing by USCIS.  They are different  processes but the I-130 form and document requirements are the same.  Good luck!

[Margo2017777 90]

16 minutes ago, carmel34 said:

Contact the consulate/embassy to ask if they will accept an I-130, for DCF because of a job relocation to the US.  They may or may not accept it.  If not, then file the I-130 online for regular processing by USCIS.  They are different  processes but the I-130 form and document requirements are the same.  Good luck!

Thank you a lot!

[SteveInBostonI130 3,432]

1 hour ago, Margo2017777 said:

Do you mean that they might accept i130 faster if we apply for DCF? as I thought these are two different procedures.

Normal consular processing will take about 1 yr to 18 months.  That will mean your husband will head back to the US for his job in July while you have to wait in Bahrain or Latvia until the interview, which would be in November 2022 to April 2023.  There is a chance your case can be processed faster, but this is the average.

 

If you ask the embassy and they accept the DCF, it would take about 2-3 months.  You can delay the interview until April or so to give you enough time to travel to immigrate in July.

 

Another option is to file the I-130 normally and ask USCIS to expedite your petition.  This may work because of the imminent job offer/relocation for your husband and because you have been previously approved for K1 (you have been deemed admissible previously).

[Margo2017777 90]

11 minutes ago, SteveInBostonI130 said:

Normal consular processing will take about 1 yr to 18 months.  That will mean your husband will head back to the US for his job in July while you have to wait in Bahrain or Latvia until the interview, which would be in November 2022 to April 2023.  There is a chance your case can be processed faster, but this is the average.

 

If you ask the embassy and they accept the DCF, it would take about 2-3 months.  You can delay the interview until April or so to give you enough time to travel to immigrate in July.

 

Another option is to file the I-130 normally and ask USCIS to expedite your petition.  This may work because of the imminent job offer/relocation for your husband and because you have been previously approved for K1 (you have been deemed admissible previously).

Thank you.

first, i will try to see if DCF is possible, if not we will do i-130 and i have no problem with waiting for my interview while my husband goes back to U.S.

 

and thank you for an advice about trying to expedite my case. I really appreciate it!

[SteveInBostonI130 3,432]

2 minutes ago, Margo2017777 said:

Thank you.

first, i will try to see if DCF is possible, if not we will do i-130 and i have no problem with waiting for my interview while my husband goes back to U.S.

 

and thank you for an advice about trying to expedite my case. I really appreciate it!

If you take the normal route without expedite, then depending on when the I-130 is approved you may need to contact the NVC (during the NVC stage) to change the embassy.

 

Typically the NVC will select the embassy based on the current physical address of the beneficiary (you), which would be somewhere in Bahrain.  If your husband relocates and you are not allowed to stay alone (with your child) in Bahrain, you would need to contact NVC to change the embassy to Riga (I assume).

 

This is only if this happens - normal I-130 process and it doesn't get approved until after May/June 2022.  It takes about 2-3 months for the NVC step.

 

Here is the VJ guide for the spouse visa:

 

 

 

[Margo2017777 90]

On 10/18/2021 at 4:31 PM, SteveInBostonI130 said:

If you take the normal route without expedite, then depending on when the I-130 is approved you may need to contact the NVC (during the NVC stage) to change the embassy.

 

Typically the NVC will select the embassy based on the current physical address of the beneficiary (you), which would be somewhere in Bahrain.  If your husband relocates and you are not allowed to stay alone (with your child) in Bahrain, you would need to contact NVC to change the embassy to Riga (I assume).

 

This is only if this happens - normal I-130 process and it doesn't get approved until after May/June 2022.  It takes about 2-3 months for the NVC step.

 

Here is the VJ guide for the spouse visa:

 

 

 

We are about to submit I-130 tomorrow, as I want to try to expedite it, do you know what is the best way to do it?  I believe I need to send request to USCIS directly by post?

[SteveInBostonI130 3,432]

1 hour ago, Margo2017777 said:

We are about to submit I-130 tomorrow, as I want to try to expedite it, do you know what is the best way to do it?  I believe I need to send request to USCIS directly by post?

 

The one time we did an expedited request, I contacted USCIS by phone.  After I have them my reason/justification, the person said we may qualify and entered the request on their system.  They said USCIS would send me a letter requesting evidence to support the reason.

 

In our case, I did not receive the letter in time.  I had 3 weeks to respond but the letter arrived a few days after the deadline (during early covid days in 2020).

 

We made a second request, but USCIS denied the expedite because they already approved our petition.

[Margo2017777 90]

14 hours ago, SteveInBostonI130 said:

 

The one time we did an expedited request, I contacted USCIS by phone.  After I have them my reason/justification, the person said we may qualify and entered the request on their system.  They said USCIS would send me a letter requesting evidence to support the reason.

 

In our case, I did not receive the letter in time.  I had 3 weeks to respond but the letter arrived a few days after the deadline (during early covid days in 2020).

 

We made a second request, but USCIS denied the expedite because they already approved our petition.

Thanks a lot!