Moving to the US – Applying for Spousal VISA

[drewcaro 0]

Hello,

My wife and I have been living in Colombia since 2009 and we're planning on moving to the US (Miami) in January/February of next year. We also have a two-year old girl who is a US citizen, born abroad.

I've read all of these forms and documents and posts and I really am not sure what is the best option:

1. Should we move to the US and apply with an I-485? She has had a B-2 Visitor visa for the last 6 years. Should we also apply for the I-131 immediately in case she needs to leave?

2. We're visiting Miami in December for one week – Should I start the process then if we will be leaving on Dec 9 and returning Jan 30?

3. Should I start the process here in Colombia right now? If so, does that mean we can't go to the US during this process?

I can use my mother's address in California as our US residence – and when we move, call in a change of address to Miami.

What to do?!

[Stressed Out 81]

Your wife entering the US with the intent of adjusting status would be considered visa fraud by using a B-2 to enter when it's strictly a non-immigrant "tourist" visa. Not only is it unfair to others who spend months, if not years, living separately to complete the I-130 process the way it's meant to, but her Adjustment of Status would have a very high chance of being rejected as they would suspect her of having entered fraudulently.

I'd suggest just staying in Colombia, filing the I-130 from there and you can feel free to enter the US with her B-2 during the process. Just be sure to bring proof of returning to Colombia once the trip is over.

[drewcaro 0]

Thanks for your suggestion. But as it states on the IR-1 Visa requirements, I must be living in the US to apply for the I-130. Is there a problem submitting the form from here (or likewise, from there - with my "permanent residence" in California), but living in Colombia?

Also, your first comment could have simply been reduced to "The first option is Visa fraud" and that would have been enough. I'm asking the question out of ignorance, not because I want to trick the system.

[dnp2014 44]

Thanks for your suggestion. But as it states on the IR-1 Visa requirements, I must be living in the US to apply for the I-130. Is there a problem submitting the form from here (or likewise, from there - with my "permanent residence" in California), but living in Colombia?

Also, your first comment could have simply been reduced to "The first option is Visa fraud" and that would have been enough. I'm asking the question out of ignorance, not because I want to trick the system.

Are you PR/Citizen ? .. You in Columbia due to any work related reason ? ...

[Stressed Out 81]

You can submit it from overseas and remain with your spouse as long as you can prove you have taken measures to reestablishing domicile in the US. (voter registration, up-to-date state drivers license, quotes on shipping belongings, etc.)

And I wasn't assuming you were wanting to commit fraud, but that that's how the government would view it as.

[drewcaro 0]

I'm a US Citizen - we moved to Colombia on 11/2009 because my wife is Colombian and the economy was more stable at the time. I received residency in Colombia the day after I arrived.

@Stressed Out

I found another post that refers to this process: http://www.visajourney.com/forums/topic/472482-file-ir1-application-while-living-abroad/

Thanks

[Stressed Out 81]

I live with my husband as well and I feel much better about the whole process, though it's slightly more complicated with the I-864 part having to prove the domicile stuff, but being able to attend the interview with him is a huge relief for me. I feel like me being there will give my husband a boost of confidence so he doesn't act so scared and suspicious around the CO, haha.

[Boiler 43,425]

Spousal visa takes a year or so.

[LGBT VENUSA 7]

We applied for the I-130 abroad and then my partner moved to the US and I went to Colombia. My suggestion for you is to start trying to get a job in the US while the process is pending. She will able to visit you anytime. That is what I have been doing with no problems at customs. Just make sure she can prove she is has ties in Colombia (work letter, any real estate, etc) I have never been asked a single question other than why of my visit and how long I will be there.

I noticed that your city is Buenos Aires. Are you applying from Argentina? Probably by now you have realized that this process takes about 12 months or so. So very unlikely she will be able to move in February 2015.

Good luck and let me know if you have more questions.

[awaywego 28]

A US visit is fine. Your wife will want to be able to show that she will be leaving again within the confines of that visa just in case her intentions are questioned. See this thread for more information. (I live abroad with my spouse, so we also bring documents to show that I will also be leaving again.)

For the I-864 (Affidavit of Support, submitted during NVC phase), you will need to show that you either have US domicile or intend to reestablish US domicile no later than when your wife enters the US. This wiki entry has information on one can address domicile if one lives abroad.

Edited October 29, 2014 by awaywego