Visa type advice - foreign spouse to US citizen currently in US on Tourist visa

[stayorgo 2]

Hey everyone! So my husband (Chilean, currently here for 180 days on a tourist visa {not visa waiver! actual tourist visa}, approx 150 days left) and I (US citizen, living in Chile for the past 5+ years) have decided we'd much rather just stay here in the US.

 

AOS: We were looking at the adjustment of status for residency, but since this was originally going to just be an extended stay before heading over to Australia, we quit our jobs in Chile and sold basically everything off. The only thing we really have back in Chile are our dogs. So! Given our situation, I think I'd rather avoid the adjustment of status since they might deny it for intention to immigrate or whatever, so I'd rather not chance that.

 

So, given that we're both here in the US, but our domicile is technically still in Chile (no DCF), can we apply for the CR-1 as if he were in Chile, and then he heads back once his tourist visa is over and wait for the interview over in Chile? Or does he have to physically be outside of the US to start the process?

 

Sorry if this is an obvious question, but I just feel overwhelmed with all of the forms and would like to start the process ASAP if possible so that he'd be as short of period as possible waiting in Chile for his interview (if possible). If there are any options that I haven't touched on, I'm open to ideas!

 

Thanks!

[Transborderwife 4,666]

YOUre fine to stay and adjust 

[Chardon Ne' 71]

Overstay is forgiven for spouse of US citizen however it appears that the issue you may have is with the affidavit of support as Im guessing at this time you have no income nor have you filed taxes in the last 3 years. Have you reestablished your US residency? 

[stayorgo 2]

10 minutes ago, Chardon Ne' said:

Overstay is forgiven for spouse of US citizen however it appears that the issue you may have is with the affidavit of support as Im guessing at this time you have no income nor have you filed taxes in the last 3 years. Have you reestablished your US residency? 

 

Oh, no problem with the affidavit of support, my parents are more than willing to be the co-sponsor of his visa. We've actually been talking about moving to the US for years, have done a couple of longer visits, but this time it was just like a switch was flipped and we both were like "Whelp, might as well stay now" and my parents are more than able to cover the financial "obligations."

 

I don't really know how to reestablish my US residency... Like.. my bank, credit card and student debt bills have always gone to my parents' house, but I don't have a job here yet or anything. I'm also registered to vote under their address. So, I have *a residence*. We've been playing with the idea of paying rent to my parents since we'll probably be here another 3-6 months before I'm able to get a job and rent an apartment, so would a rental contract and paying rent be sufficient? Googling around doesn't seem to come up with anything  Sorry if this is silly, I've just never "adulted" in the US, haha.

[stayorgo 2]

22 minutes ago, Chardon Ne' said:

Overstay is forgiven for spouse of US citizen however it appears that the issue you may have is with the affidavit of support as Im guessing at this time you have no income nor have you filed taxes in the last 3 years. Have you reestablished your US residency? 

As for the overstay, do you mean the potential future overstay if he were to wait here until the interview date were set if we applied for the visa as if he were in Chile?

[Chardon Ne' 71]

Just now, Bethhhh said:

As for the overstay, do you mean the potential future overstay if he were to wait here until the interview date were set if we applied for the visa as if he were in Chile?

Yes. I mean overstay of visa.   A B visa is not an immigrant visa however you are here now, and if that is what you want to do then the law allows for it. Having a bank account should do the trick.  I found this 

 

U.S. citizens who live abroad will be considered U.S. domiciled if they left the U.S. only for a limited period of time (however extended such period may be) with the intent (at the time of departure) to maintain their domicile in the U.S., and if they have also kept ties to the country (after their departure).

Immigration officers recognize that many U.S. citizens who are not employed by U.S.-related entities still move abroad with the intent to pursue definite projects and to return to the United States at some later date. These often include students (such as participants in study abroad programs), contract workers, and nongovernmental organization volunteers. In order to prove that they have maintained a domicile in the U.S., such persons should emphasize the term of their project, as evidence of their intent to maintain U.S. domicile at the time of their departure from the United States.

Evidence that ties to the U.S. were maintained could include receipts for storage facilities in the U.S., proof of renewed licenses, subscriptions or contributions to organizations in the U.S., proof of voting in U.S. elections, proof of property in the U.S., proof of visits to family and friends in the U.S., proof of receiving mail in the U.S., proof of having renewed a U.S. driver's license, and statements of bank-, mortgage- or other accounts maintained in the United States.

Other evidence could include evidence of temporary (as opposed to permanent) immigration status in the foreign country, as well as relevant correspondence with institutions, colleagues, family, and friends.

I think this would include maintaining your bank account here establishes that you have always intended to return. 

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[caliliving 606]

You are PERFECTLY fine to stay and AOS! But i would not leave the country until he has his greencard in hand.

 

so the quicker u get married, then stay here and he can apply for AOS.  ur parents can co-sign. AOS is about 4-6 months if u get married and leave it takes a year and a good chance he wont be able to get back in on a tourist visa... but if you are planning any trips outside the country, dont! 

 

overstay is forgiven when married to a USC so that isnt a problem.  if u are already in the country, and u decided to go and get married now then i would do that... it is alot easier and unless he has something to go back to chile for, it is the best thing i am sure. u should probably start getting a job, bank account, ect just to help ur situation! and a co sponsor only needs like 28k lol so its really low! haha

[geowrian 22,335]

2 hours ago, caliliving said:

AOS is about 4-6 months...

AOS is currently closer to 9-12 months from filing -> interview.

http://www.visajourney.com/timeline/aosstats.php?cfl=

[caliliving 606]

4 minutes ago, geowrian said:

AOS is currently closer to 9-12 months from filing -> interview.

http://www.visajourney.com/timeline/aosstats.php?cfl=

mine was just under 4 months.. it seems to be quicker now but depends where u are from:) 

[Pennycat 880]

You're fine to stay and adjust, but the logistics can be tricky paperwork-wise (he needs his birth certificate and vaccination records and things like that), and he won't be able to leave the US for several months until he gets AP (they owe you a response in 90 days, can come quicker, backlogs can make it take longer-- it did in our case). So you'd need to go get the dogs solo (he can't go now and come back on the tourist visa because on *that* trip he'd be entering with intent to marry, stay and adjust which is fraud).

What's going on with Australia? Depending on the whens/whys/how longs that could be a bit of a monkey wrench, too.

[Pennycat 880]

7 hours ago, caliliving said:

mine was just under 4 months.. it seems to be quicker now but depends where u are from:) 

If you fill out your timeline, the VJ estimates will be more accurate. It really helps. Ours took 6.5 months but with a USCIS-error RFE that lost us a month. I think it's less about where you're from and more about when you apply, what office you get sent to and how long the "line" is at that particular office at that time. Unless you're from a failed state or something and they're having a hard time running background checks on you.

[stayorgo 2]

2 minutes ago, CatherineA said:

You're fine to stay and adjust, but the logistics can be tricky paperwork-wise (he needs his birth certificate and vaccination records and things like that), and he won't be able to leave the US for several months until he gets AP (they owe you a response in 90 days, can come quicker, backlogs can make it take longer-- it did in our case). So you'd need to go get the dogs solo (he can't go now and come back on the tourist visa because on *that* trip he'd be entering with intent to marry, stay and adjust which is fraud).

What's going on with Australia? Depending on the whens/whys/how longs that could be a bit of a monkey wrench, too.

 

We actually pretty much have every paperwork and the kitchen sink to go with it. Original plan was to go to visit family and (I) work a bit in 2017, Australia for a year to do the Visa Holiday towards the end of 2017, then ??? (we realized we'd have to swing back to Chile to update some of the paperwork), then move to the US 2018 or 2019 (hadn't figured out if we could apply from Australia yet or not. We didn't have an exact plan. Dogs were already planning on staying at my mother-in-laws until we moved to the US, so we'd actually be getting them quicker this way...

 

But! I got a job offer of my lifetime (was originally applying to whatever job that could pull in some cash for a couple of months before heading to Australia), so we decided to just stay.

 

> he won't be able to leave the US for several months until he gets AP (they owe you a response in 90 days,

 

What's AP???

[Pennycat 880]

1 minute ago, Bethhhh said:

 

We actually pretty much have every paperwork and the kitchen sink to go with it. Original plan was to go to visit family and (I) work a bit in 2017, Australia for a year to do the Visa Holiday towards the end of 2017, then ??? (we realized we'd have to swing back to Chile to update some of the paperwork), then move to the US 2018 or 2019 (hadn't figured out if we could apply from Australia yet or not. We didn't have an exact plan. Dogs were already planning on staying at my mother-in-laws until we moved to the US, so we'd actually be getting them quicker this way...

 

But! I got a job offer of my lifetime (was originally applying to whatever job that could pull in some cash for a couple of months before heading to Australia), so we decided to just stay.

 

> he won't be able to leave the US for several months until he gets AP (they owe you a response in 90 days,

 

What's AP???

I gotcha. It's Advance Parole.

 

It's what allows folks in the adjustment of status process to leave the US and come back-- he couldn't otherwise because of the intent to stay part of things (which is one of the major downsides of adjusting from a non-immigrant visa. You're fairly stuck until the green card or AP comes in. Not a huge price to pay for the convenience of adjusting from a tourist visa). Out of curiosity, why did he get a tourist visa instead of VWP?

[caliliving 606]

1 hour ago, CatherineA said:

I gotcha. It's Advance Parole.

 

It's what allows folks in the adjustment of status process to leave the US and come back-- he couldn't otherwise because of the intent to stay part of things (which is one of the major downsides of adjusting from a non-immigrant visa. You're fairly stuck until the green card or AP comes in. Not a huge price to pay for the convenience of adjusting from a tourist visa). Out of curiosity, why did he get a tourist visa instead of VWP?

its not that inconvenient.. also, u can order birth certificates and they will ship them to you. everything else you can get! its actually really easy to AOS from a tourist visa and people do it all the time.  

i wouldnt worry.. you are already here, i would get married and aos asap! yes, you can get AP to travel but with what is going on in the world, i would not leave until i had a GC in hand!!!