# CR-1 question: Australian (in Korea) moving to America



## blakers (May 18, 2010)

This site has helped me with more information than I could have ever imagined but now I need help with something very specific. I hope I can get an answer from this friendly community.

My wife (American) is going to file an I-130 so I (Australian) can get a CR-1 visa to live with her in America. I've spent a lot of time checking that we are both eligible and everything seems good.

What I can't find information about is in regard to me not currently residing in Australia. I live and work in South Korea. Will there be any complications in obtaining the CR-1 visa because I don't live in my home country? There is a USCIS office in Seoul and I was hoping that I could do all my filing and other necessary things there. Going back to Australia isn't really an option due to my contractual restraints with work and I would much prefer to go straight from Korea to the US when my contract ends next year.

Any help would be very much appreciated!


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## Bevdeforges (Nov 16, 2007)

Generally, for visa applications you must apply at the consulate in the country and region where you are currently resident. So it sounds like Seoul is it for you.

The one complicating factor might be having to get your documents from Australia (birth certificate and such) - it will take a bit more time, but at least you won't need to have it translated!
Cheers,
Bev


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## Fatbrit (May 8, 2008)

blakers said:


> This site has helped me with more information than I could have ever imagined but now I need help with something very specific. I hope I can get an answer from this friendly community.
> 
> My wife (American) is going to file an I-130 so I (Australian) can get a CR-1 visa to live with her in America. I've spent a lot of time checking that we are both eligible and everything seems good.
> 
> ...


You should be able to file in Korea since you are resident there. (There is a complication with filing if you do the pointless K3 -- but as you're going the more sensible CR1 route, it isn't relevant here.)

The only complication I can see beyond those Bev pointed out (presumably you have friends/family who can help?) is if your permission to remain in Korea runs out before you get your US CR1 visa. I have no idea of the time lines for Korea.

See if you can file the initial I-130 directly with the consulate rather than back in the US as this will speed things up if necessary. It usually hinges on the USC's status in the foreign country.

So, some research and get your timing right. Some pointers:
* The visa is valid for 6 months when issued.
* You have 1 year to produce anything once they ask for it -- you can use this to stall a while.
* Find out which I-130 route you can take and see if you can find recent time lines. May also be available on dos.gov.immigration boards but NOT by the consulate as DCF --direct consular filing--, and for


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## blakers (May 18, 2010)

Thank you for the help! That's good information.

Staying in Korea after my contract runs out is no problem. I can extend my visa for up to a month and then switch to a visitors visa if necessary.

I have my birth certificate here and my recent tax forms (if required) are from Korea (I'm exempt from paying Australian tax). I read that I might need a new police clearance, my last one is 2 years old, and I'm not sure how easily I will be able to get that from my embassy.

I should have pointed out that my wife is currently working in America and not here with me in Korea. According to the instructions and other information I've read, she has to send the I-130 to the correct branch depending on her state. Do you think I should call the American consulate here in Korea to ask if they would accept the document instead? If not, do you think I should call anyway to let them know of my intention since this is something they probably don't deal with very much?


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## Fatbrit (May 8, 2008)

blakers said:


> Thank you for the help! That's good information.
> 
> Staying in Korea after my contract runs out is no problem. I can extend my visa for up to a month and then switch to a visitors visa if necessary.
> 
> ...


If she's not resident in Korea, then I'd guess she won't be able to take the short cut of filing directly at the consulate. The time line for the UK from initial filing to receipt of visa is 8-10 months. For Korea, I'd guess it'd be pretty similar.

No need to contact the consulate -- they'll contact you when they receive the I-130 and the rest of the packet from the processing unit in the US.


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## blakers (May 18, 2010)

A quick follow up question about the Affidavit of Support (I-134).

My wife works as a graduate student. All of her income is from her student grants which is a little over $26,000 (above the poverty line). She started last year and will be there for 5 years but the documents about her grant and work are in one year blocks. There is no documented proof that she will be there for 5 years. Because the university system isn't centralised. it is almost impossible to find somebody that would be called an employer.

The instructions on what evidence to provide is very specific and I imagine it leaves very little wiggle room. Is there an option that we have for this situation? Could she attach a letter signed by her advisor in lieu of a real employer?

I was thinking of calling the USCIS to ask them but thought I might get an easier answer here.


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