Jump to content
JP+Stevie

We are starting the process from abroad, but my wife is leaving to USA. Should we stop and try from there?

By JP+Stevie in IR-1 / CR-1 Spouse Visa Process & Procedures

 Share

15 posts in this topic

Recommended Posts

JP+Stevie Newbie

JP+Stevie   0

Posted
Filed: IR-1/CR-1 Visa Country: Chile
 Timeline
Posted

Hi guys. We are new here and we hope you can help us. My wife is American and I'm Chilean. We are based here in Chile but, for personal reasons, we decided to move to the USA. We got married here in Chile and now we are starting the process of validating our marriage in the USA and getting me the visa and a work permit. But this is my problem/question: my wife is planning to leave to the USA in early or middle May and we were planning to apply from Chile to the visa. I will join her in the USA in July, when I can leave my job here. Do you see any problems to this? Should we wait until we are in the USA to start the process? Is there any way of doing all this if she is in the US and I'm here in Chile?

Thanks a lot for any kind of help or advice!!!

Link to comment
Share on other sites
Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

It is illegal to enter the US on a tourist visa with the intent to immigrate.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Link to comment
Share on other sites
Abby&Mario Enthusiast

Abby&Mario   100

Posted
Filed: Lift. Cond. (pnd) Country: Colombia
 Timeline
Posted

Thanks, Harpa. So my only possibility is to apply from my home country? I can't apply while being in the USA with my tourist visa?

That is correct. You should be able to visit during the process though, provided you can show strong ties to Chile that prove you will return and not try to stay in the U.S. illegally before you are granted your visa.

USCIS (Priority date April 1, Approval April 17, no RFEs)

March 28, 2014: I-130 sent via FedEx from Bogotá to Chicago Lockbox

April 1, 2014: Delivered to Chicago Lockbox at 10:29 a.m. according to FedEx tracking; signed for by J. CHYBA (date confirmed by My Case Status)

April 4, 2014: NOA1 e-mail received at 12:17 a.m.; case accepted and routed to CSC for processing. Check cashed.

April 17, 2014: Changed mailing address with USCIS Tier 2 representative. He also confirmed that our case had arrived to the CSC and that our NOA1 date is April 3.

April 18, 2014: NOA2 e-mail received at 12:30 a.m. Case status online changed to post-decision activity; date of "last updated" changed to April 17. Change of address e-mail received at 3 a.m. Status changed back to initial review on e-mail and online. Date of "last updated" now April 18. Called and spoke to two Tier 2 reps; both were useless.

April 21, 2014: Approval confirmed verbally by Tier 2 rep. Order put in to send second NOA2 hard copy to new address. Instructed to ignore online case status.

April 25 or 26, 2014: NOA1 hard copy arrives to old apartment in Bogotá. Priority date actually April 1. (April 3 was the notice date.)

May 16: USCIS change of address e-mail received

May 19: USCIS e-mail received saying a duplicate notice was mailed on this date. Case status now set to "Acceptance."

May 22: NOA2 duplicate hard copy arrives to U.S. address

NVC

April 29, 2014: Case received

​May 22, 2014: Case number and IIN assigned. Asked operator about our move from Colombia to Argentina and received instructions.

May 24, 2014: E-mails about embassy change/address change sent to nvcinquiry@state.gov at 4:36 p.m. NVC time

​June 3, 2014: Payment portal message "This case is in the process of termination" appears. DS-261 appears, submitted. E-mails received from NVC concerning case number and AOS bill.

June 4, 2014: AOS payment invoiced, paid; DS-261 received by NVC

June 6, 2014: AOS payment shows as PAID in payment portal

June 17, 2014: Response received from nvcinquiry@state.gov. "The correspondence submitted is currently under review. An appropriate action will be taken once this review is completed."

June 24, 2014: AOS package sent via FedEx overnight shipping from Houston to NVC

June 25, 2014: AOS package delivered at 9:43 a.m. according to FedEx tracking; signed for by F.FNU

July 1, 2014: AOS package scanned

July 18, 2014: Checked payment portal and saw: "CASE NUMBER CHANGE: The applicant's case number, [bGT#], has been changed to [bNS#]." Called and confirmed. Also said today marked 30 business days since NVC received DS-261; operator said she would have that reviewed and make IV payment available ASAP.

August 5: E-mail sent to nvcinquiry@state.gov concerning changing our embassy BACK to Bogotá at 6:41 p.m. NVC time

August 6: IV invoice e-mail FINALLY received at 2:13 a.m. NVC time

August 7: IV payment made available on payment portal; paid

August 8: IV payment shows as PAID in payment portal; DS-260 becomes available

August 14: Checklist received; errors on sponsor's I-864 form and on joint sponsor's I-864A

August 15: DS-260 submitted

August 29: Checklist response and IV package sent via FedEx ground from Houston to NVC

September 4: Checklist response and IV package delivered at 11:21 a.m. according to FedEx tracking; signed for by GPETERS

September 8: Checklist response and IV package scanned

September 10: DS-260 accepted; false checklist received

September 17: E-mail response received from asknvc@state.gov (30 business days/43 calendar days later): Correspondence under review

September 26: Embassy change approved; new case number assigned

October 30: CASE COMPLETE

Embassy

Interview scheduled: Nov. 10 -- Medical: Nov. 25 -- Interview: Dec. 1, 9:30 a.m. APPROVED! -- Visa in hand: Dec. 5 -- POE: Dec. 29 in Houston

Link to comment
Share on other sites
Ryan H Grand Master

Ryan H   3,790

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

***One post violating the TOS removed along with posts quoting, posts minus the quote returned below.***

And yet it is against this boards rules to suggest or help illegal activity.

But if he came to the USA and said to the CBP, I am moving to the USA and No I do not currently have a visa, I want to apply while I'm here. The CBP would deny him entry. Simple as that. To lie to the CBP is misrepresentation. If caught in that lie, the beneficiary would receive a lifetime ban. Even if that lie was caught AFTER becoming a citizen. The USA has taken away citizenship and deported the fraudulent party before.

It is also against TOS to advocate illegal activity. Just because people get away with it, doesn't make it legal. People get away with murder, rape, abuse, extortion, selling drugs, prostitution, fraud, insider trading etc etc etc.... But that doesn't make what they've done legal or okay.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Link to comment
Share on other sites
Lakehouse Rising Star

Lakehouse   293

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

It will be unfortunate that you'll be apart during the process, yet it is what so many of us have to deal with.

I suggest you start by reading the guides at the top of the VJ page, to see what needs to be done. First your wife will send in the I-130 petition. That may take months to be approved - and although 2013 saw a very slow processing rate, it appears USCIS has made attempts to speed up their timelines.

After the I-130 approval, you both have the remaining paperwork and fees associated with the National Visa Center (NVC), which may take roughly 3 months. Waiting for your interview at your consulate is the final step, and each country's timeframe to wait for the interview is different.

Good luck!

"If you are not willing to learn, no one can help you. If you are determined to learn, no one can stop you."

"Life is not what it's supposed to be. It's what it is. The way you cope with it is what makes the difference."

Beneficiary - Applying for CR1/IR1 (but also played the K3 card prior to understanding it may be phased out.)

2013: July 20: I-130 sent (Chicago lockbox)

July 24: I-130 NOA1

July 24: I-129F sent (Dallas Lockbox)

Aug 2: I-129F NOA1

Aug 12: Alien Registration Number was changed, I-129F.

2014: Jan 28/29/30: - 3 transfer notices for I-130 and I-129F.

Feb 3 - Hard copy arrived -Notice of transfer to Texas stating Jan 29th.

Feb 10 - NOA2

Feb 27 - email stating I-130 being sent to NVC from TSC.

March 6 -NVC received our case.

April 7 - CASE NUMBER yay! IIN and BIN obtained and email given.

April 9 - DS261 available and filled in online.

April 9 - AOS not yet payable but visible.

April 10 - email regarding NVC case number and access to DS261 received/ email regarding AOS received and paid.

April 11 - AOS sent by snail mail.

April 14 - AOS arrived per mail tracking.

April 15 - IV bill received via email, IV bill paid/ in process, IV package sent.

April 18 - IV bill showing paid/ DS-260 available and done!

- AOS scanned into their system.

April 21 - IV package arrived per mail tracking.

April 24 - IV scanned into their system.

May 2 - False checklist for IV documents= AOS approval.

May 13 - NVC rep reported ? missing Police certificate via my phone call.

- Supervisor review initiated.

May 14 - Checklist for Police certificate came via email.

- Sent checklisted documentation priority post!

May 15 - Package delivered per mail tracking.

May 19 - Case COMPLETE!! Police certificate found by NVC:)

May 28 - Case complete email arrived.

May 30 - Assigned Interview date!

June 2 - Interview letter arrived via email.

June 11- Medical appointment Surrey, BC

July 8 - Interview in Montreal!! APPROVED!!!!!!!! July 10 - Visa package and passport in hand!! July 23 - POE!!

Link to comment
Share on other sites
Ryan H Grand Master

Ryan H   3,790

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

One additional non-responsive post referencing previously removed content removed. Thread bans will follow for any more posts of that nature.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Link to comment
Share on other sites
aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Hi guys. We are new here and we hope you can help us. My wife is American and I'm Chilean. We are based here in Chile but, for personal reasons, we decided to move to the USA. We got married here in Chile and now we are starting the process of validating our marriage in the USA and getting me the visa and a work permit. But this is my problem/question: my wife is planning to leave to the USA in early or middle May and we were planning to apply from Chile to the visa. I will join her in the USA in July, when I can leave my job here. Do you see any problems to this? Should we wait until we are in the USA to start the process? Is there any way of doing all this if she is in the US and I'm here in Chile?

Thanks a lot for any kind of help or advice!!!

Hi,

Unfortunately, you are going to have lots of problems if you proceed with your plan.

First, it's illegal for you to enter the US on a non-immigrant visa with the intent to immigrate. If you tell the CBP officer that you intend to remain in the US by adjusting status when attempting to enter in July on your non-immigrant visa, you will be refused entry and be put on a plane back home at your expense.

Your wife can file the I-130 now from Chile or when she gets back to the US. There is no advantage to waiting, so you might as well file now. The entire process will take 9-18 months for an immigration visa. (There is no way to speed up the process.)

In July, you can come to visit, but you cannot move here permanently.

Link to comment
Share on other sites
JP+Stevie Newbie

JP+Stevie   0

Posted
Filed: IR-1/CR-1 Visa Country: Chile
 Timeline
  • Author
Posted

Thanks to all your comments, guys. Of course, our intention is not to do anything illegal, but to avoid making mistakes and try to speed up the process as much as we can. A last question: a company in the US is offering me a job as soon as I get the visa. Is that a good thing to say in the process or should I avoid talking about that and just focus in the personal situation?

Link to comment
Share on other sites
aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted (edited)

Thanks to all your comments, guys. Of course, our intention is not to do anything illegal, but to avoid making mistakes and try to speed up the process as much as we can. A last question: a company in the US is offering me a job as soon as I get the visa. Is that a good thing to say in the process or should I avoid talking about that and just focus in the personal situation?

Hi,

A job offer has no affect on getting a family based immigration visa. The job offer is irrelevant.

There is only one process you can go through and there is no way to speed it up - a spousal immigration visa with consular processing.

Best of luck.

Edited by aaron2020
Link to comment
Share on other sites
PallasAthena Enthusiast

PallasAthena   101

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
Posted

Chile has Direct Consular Filing (DCF), as I understand. Definitely do that route. It is MUCH faster than your wife filing from the US. If your country offers DCF, take advantage of it!


http://www.visajourney.com/consulates/index.php?ctry=Chile&cty=Santiago

Link to comment
Share on other sites
aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted (edited)

Chile has Direct Consular Filing (DCF), as I understand. Definitely do that route. It is MUCH faster than your wife filing from the US. If your country offers DCF, take advantage of it!

http://www.visajourney.com/consulates/index.php?ctry=Chile&cty=Santiago

Chile does not have DCF.

DCF is only available where there is an international USCIS office. Not all US embassies have a USCIS office. Chile does not have a USCIS office, so DCF is not possible.

Here is the list of countries where DCF is possible (Chile is not among them): http://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

Edited by aaron2020
Link to comment
Share on other sites
Avery Cates Proficient

Avery Cates   1,141

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

I would spend the time you two have together putting together everything you need, getting original signatures on all the things that need it now, so she can send it off as soon as she's back here and establishes domicile.

November 14th, 2013: She's here!

December 12th, 2013: Picked up marriage license.

December 14th, 2013: Wedding

6gai.jpg

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...