Filing for CR1 visa within the US and moving abroad(spain)?

[Natec96 0]

My wife is from Poland and I am from Texas and we got legally married while living in Canada. Due to visa reasons we had to leave Canada. My wife has moved to Seville, Spain and I have returned to Texas. My wife is currently searching for a permanent residence (apartment) in Spain and I have plans to go live and work with her in Spain in 1-2 months to be able to be together while the CR1 visa processes. I want to submit the I-130 soon but am wondering whether I can submit it from Texas and leave and continue the rest of the visa process from Spain, or if submitting from Spain via the Direct Consular Filing would be the option for us. I am currently staying with family during the month or 2 of me being in Texas between Canada and Spain and if needed would be able to have documents forwarded to me in Spain if needed. I also am wondering whether we should make sure and have a permanent long term residence in Spain for my wife/beneficiary rather than a temporary monthly stay until an apartment is found, although I'm sure that will be very soon. Thank you very much, all advice is greatly appreciated.

[pushbrk 12,882]

1 hour ago, Natec96 said:

My wife is from Poland and I am from Texas and we got legally married while living in Canada. Due to visa reasons we had to leave Canada. My wife has moved to Seville, Spain and I have returned to Texas. My wife is currently searching for a permanent residence (apartment) in Spain and I have plans to go live and work with her in Spain in 1-2 months to be able to be together while the CR1 visa processes. I want to submit the I-130 soon but am wondering whether I can submit it from Texas and leave and continue the rest of the visa process from Spain, or if submitting from Spain via the Direct Consular Filing would be the option for us. I am currently staying with family during the month or 2 of me being in Texas between Canada and Spain and if needed would be able to have documents forwarded to me in Spain if needed. I also am wondering whether we should make sure and have a permanent long term residence in Spain for my wife/beneficiary rather than a temporary monthly stay until an apartment is found, although I'm sure that will be very soon. Thank you very much, all advice is greatly appreciated.

Direct Consular Filing went bye bye almost two years ago, unless it's some kind of exceptional circumstance.  Yes, you can file the petition now, and where you travel and what you do during the process doesn't matter as long as you qualify as the financial sponsor or have a qualified joint sponsor, when the time comes.

 

Your spouse can interview in their country of citizenship OR country of lawful residence.  Is she a Spanish Citizen?

[Natec96 0]

20 hours ago, pushbrk said:

Direct Consular Filing went bye bye almost two years ago, unless it's some kind of exceptional circumstance.  Yes, you can file the petition now, and where you travel and what you do during the process doesn't matter as long as you qualify as the financial sponsor or have a qualified joint sponsor, when the time comes.

 

Your spouse can interview in their country of citizenship OR country of lawful residence.  Is she a Spanish Citizen?

Thank you for your response.

 My spouse is a Polish citizen but soon will be a legal resident of Spain.

Does this mean she will qualify for an interview in Spain or will it have to be in Poland?

[pushbrk 12,882]

33 minutes ago, Natec96 said:

Thank you for your response.

 My spouse is a Polish citizen but soon will be a legal resident of Spain.

Does this mean she will qualify for an interview in Spain or will it have to be in Poland?

If she's a legal resident of Spain, she most likely can interview in Spain.  That's what is meant when I wrote.  "Your spouse can interview in their country of citizenship OR country of lawful residence."

[Natec96 0]

On 2/9/2022 at 5:35 PM, pushbrk said:

If she's a legal resident of Spain, she most likely can interview in Spain.  That's what is meant when I wrote.  "Your spouse can interview in their country of citizenship OR country of lawful residence."

Do you know if it would be a problem to submit her address on the I-130 as her temporary address she is currently at if shes going to change it soon due to getting a permanent apartment after submitting it, or should we wait to submit it when we have the permanent Spanish address to submit it so we can put that address on it? Thanks for all the help, I really appreciate it!

[pushbrk 12,882]

1 hour ago, Natec96 said:

Do you know if it would be a problem to submit her address on the I-130 as her temporary address she is currently at if shes going to change it soon due to getting a permanent apartment after submitting it, or should we wait to submit it when we have the permanent Spanish address to submit it so we can put that address on it? Thanks for all the help, I really appreciate it!

Submit with any address you want.  You'll have the opportunity to submit a new address at the NVC stage.