Need help for Inmigrant Visa for my husband... my new job depends on it!

[tamara1982 0]

I´m so glad I found this board! I´m going crazy here.

Ok so here is my situation, I´m a US citizen, but have been living in Spain for several years as I have dual citizenship. I got married about 2 months ago, and I have just recently been offered the job of my dreams in Los Angeles.

Now that I´m doing research for my husband I find that it can take up to 8 months for him to get an Inmigrant Visa after I file the I-130.

Is that the case? Am I supposed to move alone and leave him here for 8 months?

My questions are,

-How long does the I-130 take approximately?

-How am I supposed to pay the fees if I haven´t yet moved to the US and don´t have an American Checking account?

-Should I file the I-130 from the US once I get there or start the process ASAP from Spain? Which is faster?

-Could he come with me for the 3 months the ESTA allows while I file it for him from the US?

I have no clue what´s best, but there has to be a better solution than me leaving my husband behind for 8 months!

Help please! Thanks!

Tamara

[lost_at_sea 995]

You can get an idea of processing times for I-130 petitions for CR-1 visas here:

Spain timelines: http://www.visajourney.com/timeline/k1list.php?op6=All&op7=Spain&dfile=No&op1=&op2=&op3=5&op4=1&op5=5%2C6%2C8%2C10%2C11%2C13%2C14%2C15%2C16%2C17%2C18%2C20%2C21%2C22%2C25%2C26%2C27%2C28%2C108%2C110%2C111%2C208%2C210%2C211&cfl=0

Stats: http://www.visajourney.com/timeline/irstats.php?cfl=

They're based on the data input by other members. Your 8 month expectation is about right. It can take less, it can take a lot more. US Immigration is something of a pain.

You should start the I-130 ASAP to minimise your time apart. You don't need to be in the USA to file.

You can pay fees in variety of ways, not necessarily requiring a US bank account. You can check the payment details on the instruction pdf for the I-130 form: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Yes, he can visit you as per the terms of ESTA/VWP, but only within the limits it allows, of course. He can't move with you until he secures his CR-1.

Edited July 23, 2013 by lost_at_sea

[The Mean Lady 604]

Yes, you are expected to leave him.

He can visit.

He just can't stay for good.

[scienceworks 64]

How long you will be Spain? Can you try DCF? Is it possible to apply and get approve for DCF and then petitioner can come back to US?

[lost_at_sea 995]

How long you will be Spain? Can you try DCF? Is it possible to apply and get approve for DCF and then petitioner can come back to US?

Spain doesn't offer DCF anymore.

http://madrid.usembassy.gov/visas/immigrant/immediaterelatives.html

U.S. Citizenship and Immigration Services (USCIS) has announced that effective August 15, 2011, petitioners residing overseas will no longer be able to file the Forms I-130, Petitions for Alien Relatives, with U.S. Embassies or Consulates. They will be required to file forms I-130 by mail with the USCIS Chicago lockbox.

[tamara1982 0]

Ok well, I guess it´s the way it has to be. I appreciate all the info! Maybe I´ll have to turn down the possition and take one of the other ones

Thanks!

[NikLR 13,227]

Ok well, I guess it´s the way it has to be. I appreciate all the info! Maybe I´ll have to turn down the possition and take one of the other ones

Thanks!

If you start the process while you are both in Spain it will go faster. You will need time to pack up to go to the USA anyhow to start the job right? When both spouses are in the foreign country it is taking 2-3 months from filing to reach the second stage of the process.

The second stage of the process is considerably quicker. (document intake at the visa center and an interview in the country the beneficiary lives in legally.)

To be honest I see you guys spending at the most 8 months in the whole process and if Spain is a VWP country, he can spend up to 180 days with you (in two 90 day increments.) There is no reason to turn down a dream job but obviously this is something to discuss with your husband.

[Rahstyles 10]

^ dont let the second part faster fool you.. for me.. the Nvc which is the second part was way longer than the first uscis part

NVC is a pain nowadays.. not back then.. but today it is.. took me about 3 months to get it completed with the nvc acsually 4 months

[NikLR 13,227]

^ dont let the second part faster fool you.. for me.. the Nvc which is the second part was way longer than the first uscis part

NVC is a pain nowadays.. not back then.. but today it is.. took me about 3 months to get it completed with the nvc acsually 4 months

Your initial stage took a MONTH... of course the NVC stage will be slower for you.

For me:

The USCIS stage:

from filing to NOA2 121 days - 4 months - that's pretty quick when the average for when the USC lives in the USA is 6 months. But for both spouses abroad, approval is normally less than 3 months.

Took 21 days to find out my case was at the NVC

Another 15 days to get my numbers

NVC took 26 days which would have been faster if my husband had the AOS package items ready for me but he didn't.

(from case numbers to case complete)= 62 DAYS.

Interview was 46 days after NVC case complete.

Mine was decently fast.

I did not have a checklist or an RFE because everything was filled out correctly and I provided them with all the information needed.

[tamara1982 0]

So from the sound of it filing from Spain before I move sounds faster, but then what address am I to put on the I-130 form on where he´s going to live? I wont have an address yet.

Also I haven´t been able to find any method of payment that I can do from Spain. Someone that has payed from Europe could maybe let me know how they paid for it? I dont have a checking account in the States.

What´s an AOS package? It all sounds very confusing...

Thanks for all the help everyone! I really appreciate it... this is overwhelming for a first timer.

[Ozz777 23]

You should be able to get an international bank cheque in us funds to pay the fees. That's what we did from Australia. There are plenty of guides and helpful people here that will walk you through the process step by step if you are good with forms and following instructions. AOS in this case means affidavit of support. That's not something you need to worry about just yet.

Edited July 23, 2013 by Ozz777

[NikLR 13,227]

So from the sound of it filing from Spain before I move sounds faster, but then what address am I to put on the I-130 form on where he´s going to live? I wont have an address yet.

Also I haven´t been able to find any method of payment that I can do from Spain. Someone that has payed from Europe could maybe let me know how they paid for it? I dont have a checking account in the States.

What´s an AOS package? It all sounds very confusing...

Thanks for all the help everyone! I really appreciate it... this is overwhelming for a first timer.

You can put in "to be determined"

AOS package is the Affidavit of Support package.

Here read the guides, they should help. Spend some time looking over everything.

Start here:

http://www.visajourney.com/content/i130guide1

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

http://www.visajourney.com/wiki/index.php/How_to_bring_your_foreign_spouse_to_live_in_the_US

[Rahstyles 10]

Your initial stage took a MONTH... of course the NVC stage will be slower for you.

For me:

The USCIS stage:

from filing to NOA2 121 days - 4 months - that's pretty quick when the average for when the USC lives in the USA is 6 months. But for both spouses abroad, approval is normally less than 3 months.

Took 21 days to find out my case was at the NVC

Another 15 days to get my numbers

NVC took 26 days which would have been faster if my husband had the AOS package items ready for me but he didn't.

(from case numbers to case complete)= 62 DAYS.

Interview was 46 days after NVC case complete.

Mine was decently fast.

I did not have a checklist or an RFE because everything was filled out correctly and I provided them with all the information needed.

see it only took you about 2 months.. me 4

[tamara1982 0]

You can put in "to be determined"

AOS package is the Affidavit of Support package.

Here read the guides, they should help. Spend some time looking over everything.

Start here:

http://www.visajourney.com/content/i130guide1

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

http://www.visajourney.com/wiki/index.php/How_to_bring_your_foreign_spouse_to_live_in_the_US

Thank you so much for the info! So upon reading this, a new question comes up for me

. The I-864 is the Affidavit of Support form that requires copies of the petitioners past 3 U.S tax returns (or tax transcripts which are free from the IRS) as well as any bank or financial records available (see the I-864 for exact requirements based on your case).

I haven´t lived in the states since I finished High School. Therefore I have never filed taxes there. Anybody in a similar situation? What should I do in this case?

This board is being extremely helpful, I really appreciate people taking the time to help out with this!

[The Mean Lady 604]

Thank you so much for the info! So upon reading this, a new question comes up for me

. The I-864 is the Affidavit of Support form that requires copies of the petitioners past 3 U.S tax returns (or tax transcripts which are free from the IRS) as well as any bank or financial records available (see the I-864 for exact requirements based on your case).

I haven´t lived in the states since I finished High School. Therefore I have never filed taxes there. Anybody in a similar situation? What should I do in this case?

This board is being extremely helpful, I really appreciate people taking the time to help out with this!

You will have to provide a letter as to why you didn't need to file taxes.

Or if you were supposed to, then you will need to file your back taxes.

Edited July 24, 2013 by The Mean Lady