CR1 petitioner (u.s. citizen) living out of u.s.

[ryanenser 0]

It appears that in order to get the CR-1 visa for my future Indian wife (Oct. wedding), I would have to be in the U.S. throughout the entire process. I want to be sure about this. I am new at this whole thing. I have seen that there is a direct petition at the New Delhi Embassy if I have a long term visa and residence.

Is there a way that I could be in India short term during the process working or whatever? If not, is the direct petition a way to be living out of the U.S. and complete the steps for her to apply for the CR-1 visa?

Just looking for a way to be with her instead of being separated waiting for the visa!

Thanks a bunch!

ryan

[YuAndDan 153]

Not true, ask any one in the DCF forum this, they are living outside the USA when they file for the CR-1 directly at the Embassy or Consulate.

DCF requires the US Citizen to have been a resident more than 6 months in the consular district to file.

Also a catch with DCF is Domicile, and IRS returns. The US citizen must maintain US Domicile, and be filing IRS returns every year even when not living in the USA because they are a requirement of the I-864 used for immigrant visas.

[willchels 0]

It appears that in order to get the CR-1 visa for my future Indian wife (Oct. wedding), I would have to be in the U.S. throughout the entire process. I want to be sure about this. I am new at this whole thing. I have seen that there is a direct petition at the New Delhi Embassy if I have a long term visa and residence.

Is there a way that I could be in India short term during the process working or whatever? If not, is the direct petition a way to be living out of the U.S. and complete the steps for her to apply for the CR-1 visa?

Just looking for a way to be with her instead of being separated waiting for the visa!

Thanks a bunch!

ryan

I have done the whole CR1 visa for my Scottish husband while living with him in the UK. I have a two year visa, so have technically been here temporarily. And Yu is right that you must maintain US domicile, with either a job, bank account, house of residence, and especially tax returns.

[neel06 0]

I also wanted to do direct filing at the delhi embassy but the requirements to do that have toughened up. There is longer stay requirement and showing of residency in India. Due to my school I was unable to stay in India for that long of a period and thus had to come back and file from here. However, these rules keep on changing as far as Indian consulates are concerned. I would check back with soon after you get married... but going by the trends here at visajourney it seems most of the people came back and filed. good luck.

[Yodrak 7]

ryan,

Not true.

Yodrak

It appears that in order to get the CR-1 visa for my future Indian wife (Oct. wedding), I would have to be in the U.S. throughout the entire process. .....

ryan