To File I-130 (F2A) for Seafarer Husband, His Employer Wants Him To Get US Visa too (don't know what specific category tho)

[dhenz91 2]

I am an LPR, newly wedd to my husband who is also a Seafarer. I am now currently preparing all the docs needed for me to file with I-130 for him. Now his employer also wants him to get a US Visa (not sure what category, prolly CD1, not sure tho).

What's the best thing to do? Should I file the I-130 first? Then I'll let hime file a his non-immigrant visa?

I wanna know what's best for the I-130 case.. Or should I ask him not to file the non-immigrant one?

[aleful 1,905]

hi

you can do both if it's a cd1, it's to work on a ship, but he cannot enter and stay, he must return to his country at the end of his contract

anyway your petition will take around 2 years, or close to 2 years as a LPR

now it's his employer that has to get the visa for him, not your husband

[hari29 24]

Once you file I-130 for your husband with you being a LPR, your husband's non-immigrant visa will be rejected. In the non immigrant visa application, you have declare any other visa you are filing for. You also have to prove your intent of non-immigration. If you file for F2A visa, you already have immigration intent and by that virtue your husband will be disqualified for non-immigration visa. First file the non-immigration visa and then file the I-130.

It takes 2 years approx. to get green card via F2A and in the mean time you will be disqualified for all other non-immigration visa. Even if you have a non-immigration visa, the officer at POE can reject your entry and deport you if he thinks you have immigration intent owing to your pending I-130.

Talk to an experienced attorney before you take any steps

[jan22 2,897]

Once you file I-130 for your husband with you being a LPR, your husband's non-immigrant visa will be rejected. In the non immigrant visa application, you have declare any other visa you are filing for. You also have to prove your intent of non-immigration. If you file for F2A visa, you already have immigration intent and by that virtue your husband will be disqualified for non-immigration visa. First file the non-immigration visa and then file the I-130.

It takes 2 years approx. to get green card via F2A and in the mean time you will be disqualified for all other non-immigration visa. Even if you have a non-immigration visa, the officer at POE can reject your entry and deport you if he thinks you have immigration intent owing to your pending I-130.

Talk to an experienced attorney before you take any steps

Not true -- many people apply for non-immigrant visas during the IV process. Those who have strong ties outside the US -- like a good job on a ship -- get them (likey a C1/D). Those who can't show the strong ties don't -- and likely would not get a visa even without the on-going IV process.

[dhenz91 2]

Does he need to stay in the Philippines while the I-130 is in process?? or can he go onboard the ship for 10-12months? When he's onboard, most of the time we don't have communication coz they don't have internet connection onboard and their travel period usually takes 30 days before they get a phone signal..

[aleful 1,905]

hi

no he doesn't need to be there, but how many times have you seen him? how will he show proof of bona fide marriage if there is no communication for such a long time? how many times have you visited him?

[dhenz91 2]

hi

no he doesn't need to be there, but how many times have you seen him? how will he show proof of bona fide marriage if there is no communication for such a long time? how many times have you visited him?

We've been in a relationship for more than 4 years already.. I got some photos that he was on my graduation ceremony, he escorted me.. we had some remittance receipt.. uhm, he added me to his SS & health insurance already as spouse.. we have social media communication only if he has internet connection .. i have photos of us doing facetime/skype.. if i download my fb messenger data, it will show our communication since 2011.. only it was on our dialect.. we both have tons of photos together even before i got to US.. We were on our 3 years of relationship when i left for US under F2A filed by my mom.. then i went home last december 2015 to get married on january 2016..

would that do??

Edited February 2, 2016 by dhenz91

[hari29 24]

Not true -- many people apply for non-immigrant visas during the IV process. Those who have strong ties outside the US -- like a good job on a ship -- get them (likey a C1/D). Those who can't show the strong ties don't -- and likely would not get a visa even without the on-going IV process.

I didn't say its impossible. The likelihood of it getting rejected is very high and its very difficult to prove non-immigration intent when you apply for F2A at the same time. If you have some money left around to try your luck, then go ahead and apply and see what happens.

I would talk to an attorney and proceed.