# Immigrant Visa for Spouse CR1



## Trish06 (Feb 13, 2011)

Hi everyone! I have been all over the forum in the last few days and found many answers to my constantly growing number of questions, so thank you all for that! I have posted on the forum once before when I was trying to move to the UK but since then our plans and situations have changed drastically! So I am explaining our new situation below with a few questions I haven't been able to answer through research on travel.state.gov, uscis and this forum.

My husband and I got married last June (2012) in the US. I am American and he is British. We didn't do the fiancée visa because we were trying to move to the UK but he had just received his PhD and wasn't able to secure a job in time. We didn't want to spend any time apart being newlyweds and all so we decided to move to Spain where compared to US and UK immigration was a breeze for us both to live here right away. Now as we are beginning to get everything together to move back to the US asap we are becoming more and more confused.

1) We will be living with my Mom when we move back so the residence is sorted.
2) My father has agreed to co-sponsor my husband but he lives at a difference address to my Mom which is the residence we will be temporarily using, is this a problem?
3) If my Dad is a co-sponsor he has to fill out the affidavit of support when we get to that stage, but do I still fill it out as well? I am not currently working here but worked up until October of last year and will have the tax returns for the past three years to prove I made enough but since I don't currently have a job I though I co-sponsor would be best, there just isn't much info on how to fill out the forms with a co-sponsor.
4) If my Dad is a co-sponsor does he have to do the initial paperwork as well or just the affidavit of support?
5) What is the deal with the K-3 non-immigrant visa? Is it the better/easier way to go?
6) I found that there is a new waiver called Provisional Unlawful Presence Waiver that will come into effect in March. Could we begin the visa application by submitting the I-130, then submit this new waiver so we can move him over while we are waiting? Or is this for people who are already there illegally? 

Any advice would be greatly appreciated! Thanks!


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## Davis1 (Feb 20, 2009)

1. thats ok 
2. thats ok as long as you ensure he knows how onerous it is 
3.you are the main sponsor you must file.
4. dad just has to do the affidavit of suport 
5. K3 is virtually obsolete
6 .That for illegals 

You use 
spousal visa CR1 and IR1
Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1)

you may well have to go home first and establish domicile to file


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## Trish06 (Feb 13, 2011)

Thank you Davis1, that has cleared up a lot of my confusion! Could you please just clarify why having my Dad be a co-sponsor would be onerous? Is it because of the paperwork he has to get together or because of the promise to the government to support us? Also, leaving my husband to set up the domicile would be pretty tough on us, in your opinion do you think it really makes a huge difference? Could we get denied because of it or would they just want me to prove that I am looking? If my mom signs something saying we can live there for some time would that help?


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## Davis1 (Feb 20, 2009)

Simply he is signig a document that lays him open to unlimited amounts 
for a possible unlimited time 

I would never sign one of those... even if you divorce down the line
the affidavit stays in fforce


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## jamcol (Jun 29, 2012)

Hello,
And welcome to the wonderful and stressful world of visa applications!
We're in the process of going through an IR1 visa for myself and my children (we're French). My husband is a US citizen.
We made the tough decision to have him move over to the States in order to facilitate the application. So he left yesterday, it's very hard on the kids and I but we know that we ll see him in a few months.
We were in touch with the local US diplomat who contacted the Paris Embassy and was advised that right now is the 'low season' for visa applications as everyone starts applying around April / May in order to be there for September.
We filed a VERY comprehensive application pack with pictures, affidavits, reference letters.... 
My parents in law both co-sponsor the applications: they trust us.
As my husband touched feet on the American ground yesterday, he rushed off to Fedex and sent our application to the Phoenix Lockbox.
The Paris US Embassy has kept a record of our names and are waiting for a communication from the US to interview me. We were told it could be in a matter of weeks. Let's hope so!


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## twostep (Apr 3, 2008)

Trish06 said:


> Thank you Davis1, that has cleared up a lot of my confusion! Could you please just clarify why having my Dad be a co-sponsor would be onerous? Is it because of the paperwork he has to get together or because of the promise to the government to support us? Also, leaving my husband to set up the domicile would be pretty tough on us, in your opinion do you think it really makes a huge difference? Could we get denied because of it or would they just want me to prove that I am looking? If my mom signs something saying we can live there for some time would that help?


The sponsor has to have a US domicile. The interpretation of domicile is up to USCIS.


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## Trish06 (Feb 13, 2011)

jamcol said:


> Hello,
> And welcome to the wonderful and stressful world of visa applications!
> We're in the process of going through an IR1 visa for myself and my children (we're French). My husband is a US citizen.
> We made the tough decision to have him move over to the States in order to facilitate the application. So he left yesterday, it's very hard on the kids and I but we know that we ll see him in a few months.
> ...


Hi jamcol, thank you for all of the helpful information! If this is the low season then we will definitely be applying now as well. It sounds like a great idea to get in touch with the US Embassy here in Madrid to put our names on file as well. How did you show in the initial application phase that your in-laws would be your co-sponsors? Are there any forms I am missing? I only see that I am supposed to file the I-130 in the beginning, where you include all of your documentation to back up your relationship such as pictures and letters. Did you attach letters from them as well?


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## Trish06 (Feb 13, 2011)

twostep said:


> The sponsor has to have a US domicile. The interpretation of domicile is up to USCIS.


Hi twostep, thanks for helping! Do you know what happens if the domicile happens to not be enough, will they let me know so I can fix it and rent a place or will it just be denied? The thing is is that if I were living in the US I would still be living in my mothers addition to her house, I have been in Spain for a few months and only plan on being here a few more so my residence in the states has really never changed. I haven't switched any of my bank account paperwork or anything to my place in Spain as it is temporary. I can include a piece of mail with my name and home USA address with the application if that would help. Just trying to asses the risk of not going home for a few months and renting a place I can't afford until the visa process has progressed a little bit.


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## Monst (Feb 10, 2013)

I'm Trish06's English husband. Thanks for all your responses so far.

I have a question on a slight tangent. Hopefully one or two of you might know something about it.

If I were to begin applying for jobs in America off my own back and, for the sake of this point, managed to land one, would this be a viable step towards my receiving permanent residency, or would it be counteractive?

My prospects are actually quite good (I have a doctorate); the only issues are whether any prospective employers would be willing to subvent my visa, and whether it might complicate the spousal visa process.

Is anyone able to give me any advice at all with regard to this query?

Many thanks.


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## Davis1 (Feb 20, 2009)

Make no difference .. you are assured of a green card thru marriage 
unless they find you was on the grassy knoll in dealey plaza


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## twostep (Apr 3, 2008)

Monst said:


> I'm Trish06's English husband. Thanks for all your responses so far.
> 
> I have a question on a slight tangent. Hopefully one or two of you might know something about it.
> 
> ...


Were you to land a job in the open market it will probably be H1B which means start date 10/2013. 
I am not familiar with processing times in academia.


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## Kevin_S (Feb 13, 2013)

jamcol said:


> We were told it could be in a matter of weeks. Let's hope so!


Hi Jamcol,

I just completed the IR1 visa for my wife. I am American and she is Filippino. The process for us took a little over 1 year. My priority date was 17 December 2011 (date they received my application) and the approval date was 4 January 2013. I am sure the time varies for each applicant, but I think the process may take longer than a few weeks.

I remained in the Philippines during the processing of the visa, mainly because I didn't want to be separated from my wife. I didn't realize until almost the very end that I could have applied for a K-3 visa (non-immigrant) which would have allowed her to travel to the US and wait for the approval of the IR1 there. I applied for the K3, but the IR1 was approved the same time the K3 was.

Best of luck.


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## Kevin_S (Feb 13, 2013)

Davis1 said:


> 5. K3 is virtually obsolete



Why is the K3 virtually obsolete? Thanks


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## Crawford (Jan 23, 2011)

Kevin_S said:


> Why is the K3 virtually obsolete? Thanks


The K3 was introduced some years ago to try and shorten the times couples were apart during the spouse visa process.

However, these days the time for the K3/4 visa to process is not far short of the time it takes for the spouse visa to go through - the spouse visa is processed now in about 6 to 9 months.

Here is a little article detailing the processes.

The K3 Visa is a Waste of Time and Money - Massachusetts Immigration Lawyer Blog


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## Trish06 (Feb 13, 2011)

I have seen in a few other threads that if you can apply at a consulate that still processes the CR1 visa that it will take a shorter time period to process than sending it to the lockbox in the US. London is one of the consulates that still processes the visas. We are currently living in Spain but my husband is from England and I am American. Can he apply at the London consulate even though we are currently based in Spain? We are only here temporarily and he hasn't changed his home address in the UK or anything like that. We could even have his parents mail the application packet in from the UK so there is no foreign stamp on it. He could easily fly home for the interview once we get to that stage. Please let us know your thoughts on this, thanks!


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## twostep (Apr 3, 2008)

Kevin_S said:


> Why is the K3 virtually obsolete? Thanks


K3 is not an immigrant visa. Only a travel authorization to wait in the US for approval or disapproval. Marriage to a U.S. Citizen | Embassy of the United States


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## Trish06 (Feb 13, 2011)

Trish06 said:


> I have seen in a few other threads that if you can apply at a consulate that still processes the CR1 visa that it will take a shorter time period to process than sending it to the lockbox in the US. London is one of the consulates that still processes the visas. We are currently living in Spain but my husband is from England and I am American. Can he apply at the London consulate even though we are currently based in Spain? We are only here temporarily and he hasn't changed his home address in the UK or anything like that. We could even have his parents mail the application packet in from the UK so there is no foreign stamp on it. He could easily fly home for the interview once we get to that stage. Please let us know your thoughts on this, thanks!


EDIT: Or do I have to be a residing in England myself given that I'm the one who has to apply for the I-130 for him?


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## twostep (Apr 3, 2008)

Trish06 said:


> I have seen in a few other threads that if you can apply at a consulate that still processes the CR1 visa that it will take a shorter time period to process than sending it to the lockbox in the US. London is one of the consulates that still processes the visas. We are currently living in Spain but my husband is from England and I am American. Can he apply at the London consulate even though we are currently based in Spain? We are only here temporarily and he hasn't changed his home address in the UK or anything like that. We could even have his parents mail the application packet in from the UK so there is no foreign stamp on it. He could easily fly home for the interview once we get to that stage. Please let us know your thoughts on this, thanks!


DCF is not available for everyone. You may want to contact the US Embassy in London for the requirements.


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## Davis1 (Feb 20, 2009)

Filing I-130/I-360 | Embassy of the United States


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