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Traveling with a tourist visa before filing IR1/CR1 petition

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Hi

My husband (American) and I (Filipina) got married recently in the Philippines. I am currently on vacation in the U.S. and will be coming back to the Philippines on January, 2016. I have two questions that I hope someone can help me with:

1. Are we allowed to start the petition process while I am in the U.S.? We were just wondering if we can file the petition already by October so that we can save some time. We just want to make sure that my presence here in the U.S. will not adversely affect the petition.

2. If and when I am granted an immigrant visa, do I have to leave for the U.S. right away? Is there a maximum period given to me to wind up my affairs in my home country before leaving for the U.S.?

Thank you for taking the time to answer my questions. We really need help as we are unsure of what to do.

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I suppose you came to US on tourist visa for your vacation. Did you mention that you were married to a US citizen while applying for tourist visa?

1. Yes you are allowed to start the petition process while you are in the US. If your husband files for i130 and checks consular processing, then you will not have any issues coz you will be going back to your country and lateron apply for immigrant visa from your country after i130 is approved. But if your guys file AOS along with i-130, you might run into problem and they might deny it later on since it shows your intent was not the vacation but the immigration. In other words, you presence in US as a visitor will risk your petition to get green card while in the US.

2. You will not be granted an immigrant visa while you are in US. If they approve your AOS while you are in US, they you will be given a green card.

If you choose for consulate processing and get immigrant visa later on in your country, you will be given a date by which you should have entered US. I believe that is somewhat 6 months after getting immigrant visa.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Thank you!

Yes I entered using a tourist visa that I've had for some time now. I was granted a 10 year visa a few years back when I was still single.

We have no intention of getting a green card while i'm in the US. Was just worried that filing the i130 while i am here might be prohibited or frowned upon.

Thanks for clarifying!

I suppose you came to US on tourist visa for your vacation. Did you mention that you were married to a US citizen while applying for tourist visa?

1. Yes you are allowed to start the petition process while you are in the US. If your husband files for i130 and checks consular processing, then you will not have any issues coz you will be going back to your country and lateron apply for immigrant visa from your country after i130 is approved. But if your guys file AOS along with i-130, you might run into problem and they might deny it later on since it shows your intent was not the vacation but the immigration. In other words, you presence in US as a visitor will risk your petition to get green card while in the US.

2. You will not be granted an immigrant visa while you are in US. If they approve your AOS while you are in US, they you will be given a green card.

If you choose for consulate processing and get immigrant visa later on in your country, you will be given a date by which you should have entered US. I believe that is somewhat 6 months after getting immigrant visa.

Edited by kjs010309

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I suppose you came to US on tourist visa for your vacation. Did you mention that you were married to a US citizen while applying for tourist visa?

1. Yes you are allowed to start the petition process while you are in the US. If your husband files for i130 and checks consular processing, then you will not have any issues coz you will be going back to your country and lateron apply for immigrant visa from your country after i130 is approved. But if your guys file AOS along with i-130, you might run into problem and they might deny it later on since it shows your intent was not the vacation but the immigration. In other words, you presence in US as a visitor will risk your petition to get green card while in the US.

2. You will not be granted an immigrant visa while you are in US. If they approve your AOS while you are in US, they you will be given a green card.

If you choose for consulate processing and get immigrant visa later on in your country, you will be given a date by which you should have entered US. I believe that is somewhat 6 months after getting immigrant visa.

Please do some research before you post. Don't scare people with the wrong information.

1. Immigrant intent is not an issue for an Immediate Relative of a USC. Google Matter of Batista and Matter of Cavazos. Absolute BS that her "presence in US as a visitor will risk your petition to get green card while in the US." Plenty of people who entered on visitor visas or the VWP have successfully been able to adjust and get their green cards without any problems.

Edited by aaron2020

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Hi

My husband (American) and I (Filipina) got married recently in the Philippines. I am currently on vacation in the U.S. and will be coming back to the Philippines on January, 2016. I have two questions that I hope someone can help me with:

1. Are we allowed to start the petition process while I am in the U.S.? We were just wondering if we can file the petition already by October so that we can save some time. We just want to make sure that my presence here in the U.S. will not adversely affect the petition.

2. If and when I am granted an immigrant visa, do I have to leave for the U.S. right away? Is there a maximum period given to me to wind up my affairs in my home country before leaving for the U.S.?

Thank you for taking the time to answer my questions. We really need help as we are unsure of what to do.

Hi,

1. You absolutely can file whenever you like. This is the way I would do it so that you and your husband are not separated. File the I-130 and I-485 along with EAD/AP to adjust your status for a green card. It will take about 90 days to get the EAD/AP. With the EAD/AP card, you can leave the US and return. Even if you overstay on your visitor visa, you can still adjust and get AP. Do not worry about immigrant intent since USCIS can not deny the AOS of a spouse of a US citizen (Google Matter of Batista and Matter of Cavazos). Use AP to go home to wrap up your affairs.

2. No. If you apply for AOS, you are not applying an immigrant visa. If your husband only files the I-130 and goses the consular route, then you would need an immigrant visa. There is no way you will be granted an immigrant visa while in the US because you would need to interview in your home country. Immigrant visas are valid for up to 6 months or when the medical expires; whichever is first.

Best of luck.

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If you have the next 3 or 4 months to spare listen to aaron and adjust your status now, when granted AP go home and tie things up. You are of course free and clear to do as you asked and file for the visa while here and go home to finish, but it can take 8-10 months sometimes a year to get your visa.

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Hi,

1. You absolutely can file whenever you like. This is the way I would do it so that you and your husband are not separated. File the I-130 and I-485 along with EAD/AP to adjust your status for a green card. It will take about 90 days to get the EAD/AP. With the EAD/AP card, you can leave the US and return. Even if you overstay on your visitor visa, you can still adjust and get AP. Do not worry about immigrant intent since USCIS can not deny the AOS of a spouse of a US citizen (Google Matter of Batista and Matter of Cavazos). Use AP to go home to wrap up your affairs.

2. No. If you apply for AOS, you are not applying an immigrant visa. If your husband only files the I-130 and goses the consular route, then you would need an immigrant visa. There is no way you will be granted an immigrant visa while in the US because you would need to interview in your home country. Immigrant visas are valid for up to 6 months or when the medical expires; whichever is first.

Best of luck.

Hi! Thank you for your response.

Someone told me that we should do this 90 days after I've entered the U.S. so as to avoid any problems. Is this correct? My dilemma is I need to be back in the Philippines by mid-January for something school-related. So if I wait three months before we file for the adjustment of status, I might not have enough time since it might take up to 4 months right?

Sorry if my response is a bit confusing. Please let me know if you need me to clarify.

Again, thank you for your help! ?

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Hi! Thank you for your response.

Someone told me that we should do this 90 days after I've entered the U.S. so as to avoid any problems. Is this correct? My dilemma is I need to be back in the Philippines by mid-January for something school-related. So if I wait three months before we file for the adjustment of status, I might not have enough time since it might take up to 4 months right?

Sorry if my response is a bit confusing. Please let me know if you need me to clarify.

Again, thank you for your help! ?

Hi,

You do not have to wait 90 days. You can file now for AOS.

Best of luck

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