Best process to bring wife (in Singapore, has B-2) to States (I am USC)

[Ninjaboi 0]

Hi all

 

I recently just married my wife after being together for 5.5 years long distance as a couple and am looking into the best option for how to bring her over as a permanent resident. 

 

Me: US Citizen by birth, have lived in the States for the majority of my life, currently working in New York City

 

Her: Filipina citizen currently working in Singapore as an OFW - her current project lasts until June but she is a regular (non-contract) employee at her firm. Has a B-2 Tourist visa she got in 2013 (has visited States 3 times since then) that lasts till 2023. 

 

We got married in Singapore this past December. 

 

We were looking into options for how to bring her over here and came across two options.

 

1) File an I-130 for her and then once that is approved she stays in Singapore while the State department processes her visa. As I understand it, once the I-130 is approved she will no longer have her B-2 Tourist visa, and this total process may last for upwards of a year (from I-130 to receiving her visa) 

 

2) Have her come to the States under her B-2 visa and move in with me (after June), and then file a I-130, a I-485 Adjustment of Status to adjust her B-2 Visa, and a I-765 EAD. As I understand it, once the I-765 is approved she will be able to apply for work within 45 - 90 days, and then the I-130 and I-485 concurrently should take about 6 months or so to finalize. If we take this case, what would she tell the immigration people at the airport when she arrives? And should she have a return ticket anyway? 

 

Are the two above correct? Does anyone have any experience in the above that could provide some advice/guidance? 

 

Thanks in advance

[p-ana 933]

The only legal option is number 1. Number 2 is fraud

[Ninjaboi 0]

@p-ana Thanks - a lawyer we talked to had suggested that since she had had the B-2 prior to us getting married but it sounded sketch so I wanted to ask around. 

[geowrian 22,335]

Just now, Ninjaboi said:

@p-ana Thanks - a lawyer we talked to had suggested that since she had had the B-2 prior to us getting married but it sounded sketch so I wanted to ask around. 

Yes, some lawyers do that. Yes, it's still fraud and they can get in trouble if caught (or more likely, you can get caught at POE). Entering the US on a non-immigrant visa with the intent to stay and file AOS is fraud.

[MacUK 983]

15 hours ago, Ninjaboi said:

@p-ana Thanks - a lawyer we talked to had suggested that since she had had the B-2 prior to us getting married but it sounded sketch so I wanted to ask around. 

 

You should ask that lawyer what would happen when your wife arrives in the US with suitcases full of belongings and tells the immigration officers that she's going to be living there.

Or the consequences if she isn't honest when questioned.

[teddy k 35]

I would go the i-130 route might take a yr but then you have no worries at POE or when you have to file for ROC

[KierenHby 897]

On 1/6/2017 at 8:01 PM, Ninjaboi said:

 

1) File an I-130 for her and then once that is approved she stays in Singapore while the State department processes her visa. As I understand it, once the I-130 is approved she will no longer have her B-2 Tourist visa, and this total process may last for upwards of a year (from I-130 to receiving her visa) Go with this totally legal option. 

 

2) Have her come to the States under her B-2 visa and move in with me (after June), and then file a I-130, a I-485 Adjustment of Status to adjust her B-2 Visa, and a I-765 EAD. As I understand it, once the I-765 is approved she will be able to apply for work within 45 - 90 days, and then the I-130 and I-485 concurrently should take about 6 months or so to finalize. If we take this case, what would she tell the immigration people at the airport when she arrives? And should she have a return ticket anyway? No no no; this is visa fraud. 

 

 

[mrsfranklynw 18]

Could you do the I-130 then 129f and K3 visa? shorter timeframe and gets her here faster?

[NigeriaorBust 4,087]

Even though the K3 is still on the books , it is a remnant of when CR1 visas took years for a USC spouse.  They only get processed in about 3 % of the cases and most of the ones filed are closed when they arrive at NVC at the same time of slight behind the I130.

[William610 0]

On 1/7/2017 at 9:01 AM, Ninjaboi said:

Hi all

 

I recently just married my wife after being together for 5.5 years long distance as a couple and am looking into the best option for how to bring her over as a permanent resident. 

 

Me: US Citizen by birth, have lived in the States for the majority of my life, currently working in New York City

 

Her: Filipina citizen currently working in Singapore as an OFW - her current project lasts until June but she is a regular (non-contract) employee at her firm. Has a B-2 Tourist visa she got in 2013 (has visited States 3 times since then) that lasts till 2023. 

 

We got married in Singapore this past December. 

 

We were looking into options for how to bring her over here and came across two options.

 

1) File an I-130 for her and then once that is approved she stays in Singapore while the State department processes her visa. As I understand it, once the I-130 is approved she will no longer have her B-2 Tourist visa, and this total process may last for upwards of a year (from I-130 to receiving her visa) 

 

2) Have her come to the States under her B-2 visa and move in with me (after June), and then file a I-130, a I-485 Adjustment of Status to adjust her B-2 Visa, and a I-765 EAD. As I understand it, once the I-765 is approved she will be able to apply for work within 45 - 90 days, and then the I-130 and I-485 concurrently should take about 6 months or so to finalize. If we take this case, what would she tell the immigration people at the airport when she arrives? And should she have a return ticket anyway? 

 

Are the two above correct? Does anyone have any experience in the above that could provide some advice/guidance? 

 

Thanks in advance

Hi, I'm in same situation. My wife is in China. I think the best is option #2... From what I researched with option #2, you need to apply I-94 online and it becomes a provisional I-94... Once border officer at the airport checks her in, they will pull up the Provisional I-94 by her passport #.. They should give her an actual i-94 paper... This is a little bit confusing for me.. She must obtain the i-94 form. So i suggest they don't leave the airport without the I-94 form.... *Note, you should apply i-94 online within 7 days of her arrival in US or else you need to re-apply. 

[geowrian 22,335]

1 minute ago, William610 said:

Hi, I'm in same situation. My wife is in China. I think the best is option #2... From what I researched with option #2, you need to apply I-94 online and it becomes a provisional I-94... Once border officer at the airport checks her in, they will pull up the Provisional I-94 by her passport #.. They should give her an actual i-94 paper... This is a little bit confusing for me.. She must obtain the i-94 form. So i suggest they don't leave the airport without the I-94 form.... *Note, you should apply i-94 online within 7 days of her arrival in US or else you need to re-apply. 

No. Option #2 is visa fraud as has been stated repeatedly above. Do not do this.

[William610 0]

On 1/9/2017 at 6:16 AM, KierenHby said:

 

Certain countries will not allow you to leave the country without a return flight... (i.e. China)..

So book a roundtrip...  You either don't fly back or you buy an open ticket. 

[William610 0]

Just now, geowrian said:

No. Option #2 is visa fraud as has been stated repeatedly above. Do not do this.

Visa fraud?  Please share resource...

From all the websites I researched, this is not a fraud...
Please take a step back and think about this... Are you saying that if a spouse is in the US already, they have to return to their country and then we can apply for their P.R.?  Are you saying that there is NO option for them to be in US and apply for P.R. while living in US?

 

[geowrian 22,335]

2 minutes ago, William610 said:

Visa fraud?  Please share resource...

From all the websites I researched, this is not a fraud...
Please take a step back and think about this... Are you saying that if a spouse is in the US already, they have to return to their country and then we can apply for their P.R.?  Are you saying that there is NO option for them to be in US and apply for P.R. while living in US?

 

I'm saying that if you enter the US on a tourist visa with the intent to immigrate (i.e. stay in the US and file AOS), then you are committing visa fraud. Yes. This is clearly stated.

Edited January 17, 2017 by geowrian

[William610 0]

On 1/8/2017 at 1:14 AM, MacUK said:

 

You should ask that lawyer what would happen when your wife arrives in the US with suitcases full of belongings and tells the immigration officers that she's going to be living there.

Or the consequences if she isn't honest when questioned.

what if you have a return flight which you may or may not use depending on your visa status?