Applying for the CR1 Spouse Visa While Traveling

[purplestuff 2]

Hey Everyone!

 

I'm a US citizen living in the United States and about to travel to Taiwan to marry my fiancee for the purpose of doing the CR-1 spouse visa for her to move to the US with me. After we get married, I will go back to the US. She also has about a 2 month vacation coming up and will plan to visit me in the US and then travel back to Taiwan.

 

When she's in the US on a temporary visa, is it ok then to begin and submit the CR-1 application (Form I-130)? I ask because I'm not sure if it matters if she has to be in Taiwan before form I-130 is submitted.

 

 

[Lil bear 4,111]

2 hours ago, purplestuff said:

Hey Everyone!

 

I'm a US citizen living in the United States and about to travel to Taiwan to marry my fiancee for the purpose of doing the CR-1 spouse visa for her to move to the US with me. After we get married, I will go back to the US. She also has about a 2 month vacation coming up and will plan to visit me in the US and then travel back to Taiwan.

 

When she's in the US on a temporary visa, is it ok then to begin and submit the CR-1 application (Form I-130)? I ask because I'm not sure if it matters if she has to be in Taiwan before form I-130 is submitted.

 

 

The I130 can be submitted from anywhere. Make v sure you use your US address as residential address 

[Boiler 45,125]

Sooner the better, many of us have visited during the process.

[pushbrk 12,752]

I think you are asking if it's ok to submit the I-130 petition (not apply for a visa) during the time she's visiting you in the USA.  It is definitely ok.  However, pay special attention to the section of the form that ASKS if she has ever been in the USA and then gives instruction as to what extra information to provide about the current visit.  Then, make sure you indicate her Taiwan address as her current address, and that she will do consular processing in Taipei, not adjust status in the USA.  Put Not Applicable, as the location she will adjust status.

 

Correcting those sections incorrectly can bite you.  If you aren't ready to submit until a week or two before she'll leave anyway, I advise completing those sections as if she has already left, and then wait until she's gone to submit.

 

Not that you can also submit while you are both still in Taiwan.

Edited June 28 by pushbrk

[spicynujac 23]

If it were me, I would apply immediately after obtaining the marriage certificate (like the day after the wedding!) before returning to the US.  Every day you delay is more time before the two of you can begin your life.  FYI I am 13 months and counting, waiting on someone to begin processing our I-130...  But sure, you can apply any time A) after the wedding and B) you have physical presence together as a married couple (only applies for remote / online weddings).

The I-130 form is not particularly lengthy or difficult, particularly if you gather all the names and dates you need in advance (basically parents' birth dates / places and IDs for you both).  I believe you can even complete the fields in advance online and then log on and submit it when you are ready.

Edited June 28 by spicynujac

[purplestuff 2]

On 6/28/2024 at 2:07 AM, Lil bear said:

The I130 can be submitted from anywhere. Make v sure you use your US address as residential address 

 

I'm planning on filing the i-130 online but will be moving in a few months so my address will change again. What should I do if I move after the I130 is submitted? If I file online, would I actually receive anything by mail or is the address really for record purposes?

 

I could use my parents home address as it's more permanent but they move outside the US within the next year or so, so I'm unsure if I should use their address instead.

[purplestuff 2]

On 6/28/2024 at 4:21 PM, pushbrk said:

I think you are asking if it's ok to submit the I-130 petition (not apply for a visa) during the time she's visiting you in the USA.  It is definitely ok.  However, pay special attention to the section of the form that ASKS if she has ever been in the USA and then gives instruction as to what extra information to provide about the current visit.  Then, make sure you indicate her Taiwan address as her current address, and that she will do consular processing in Taipei, not adjust status in the USA.  Put Not Applicable, as the location she will adjust status.

 

Correcting those sections incorrectly can bite you.  If you aren't ready to submit until a week or two before she'll leave anyway, I advise completing those sections as if she has already left, and then wait until she's gone to submit.

 

Not that you can also submit while you are both still in Taiwan.

 

This is very helpful. Will keep this in mind. Thanks!