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Immigration Issues/complex issue with IR1


QUESTION: My husband and I have been married for 2 years.  We are thinking about applying for IR1 for me. He is US citizen.

We have been residing in China for the last 5  years. He was holding the work visa until July 2006.  After that he is holding business visa allow his stay but no requirment for residence card.   

We would like to apply IR1 in Canton consulate in China.   But the thing is: their website explicitly require USC work or study in China with RESIDENCE CARD can Direct apply in Canton  consulate.

Is that mean we have to apply in the US? How can we do that since we don't reside there?

We have the lease contact with the landlord in Canton showing we are residing in Canton.  Will the consulate consider this as the residence proof?  They didn't say in their website which I assume NO.

How long will it take to receive IR1 visa if we apply in the US?

Thank you very much
ANSWER: Whether you file the I-130 in China or in the U.S. your husband must be domiciled in the U.S. when he fills out the I-864 form after the I-130 is approved.



---------- FOLLOW-UP ----------

QUESTION: Thanks Robert.

Actually, when we applied for the CR1 before, he was not domiciled in the US when we fills out the I-864 form.  We notaried in the Canton consulate.  

So now the question is if Canton consulate doesn't accept our application, how can we apply overseas without being there?

And How long will it take to receive IR1 visa if we apply in the US?


I am happy you got the CR1 though your husband was not domiciled here, but that its what the law says and I do not know if you will be so lucky again.

As far as the filing, he needs to have a U.S. address and depending on where it is, he nbeeds to send it to the Service Center with jurisdiction over that state.



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Robert Hollander<B> Esq.</B>



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