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quietwaters

immigrant intent

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Filed: Country: Kenya
Timeline

Hi all. I'm new to this forum and already I have learnt so much.

I have an interesting visa situation that I'm hoping to get advice on.

The organisation that I am currently working for would like to transfer me to work from our US office for about 3 years. I qualify for the L1 visa based on my position as a manager in the organisation. However, as the organization started looking into the visa process, the immigration lawyers said that I will not be granted the L1 visa. And here's the reason why...my husband is an american citizen and by virtue of that I have 'immigrant intent.' We were adviced that my husband needs to file for the I-130 (Petition for an Alien Relative).

My husband is an active duty soldier and on deployment. From what I have read in this forum already, I have seen that the visa process is quite lengthy and time-consuming. My husband will not be able to follow up on that process while he is on deployment. Secondly, as strange as it seems, I do not want to migrate to the US. Where I come from (Kenya), I would have to surrender my citizenship since the government does not allow dual citizenship. For my husband and I, we would like to live in Kenya once he is done with the army (another 2 years).

I would appreciate your advice on whether there is any way we can make the case for me to get a non-immigrant work visa even though I am married to an american. Secondly, if we were to apply for the spouse visa, can I get permanent residency (and not US citizenship)?

Thanks everyone for the advice you can give. Oh and thanks for reading this rumbling note!

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Still sounds like the I-130 process is the best for you.

Reason # 1: You should be able to expedite the process if your husband is on deployment.

Reason # 2: I-130 gives you an immigrant visa, which would give you a perm resident card... you are not required to become a US citizen.

Brandon

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Filed: Citizen (apr) Country: Canada
Timeline

Applying for a spousal visa WILL get you permenant resdiency, NOT US citizenship. So it sounds like the I-130 petition is your best bet. It allows you to work immediatly upon entrance into the US and no need to give up your Kenyan citizenship!

Good luck.


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: Citizen (apr) Country: Kenya
Timeline

:yes::thumbs:

Applying for a spousal visa WILL get you permenant resdiency, NOT US citizenship. So it sounds like the I-130 petition is your best bet. It allows you to work immediatly upon entrance into the US and no need to give up your Kenyan citizenship!

Good luck.


In your Strength, I can crush an army; with my God , I can scale any wall .....2nd Samuel 22:30

For God did not give us a spirit of fear and timidity, but a spirit of power, of love and of self discipline}... 2 Timothy 1 :7[/i]

Set me as seal over your heart. Solomon 8:6

imgfinal2.jpg

AOS

08/03/2009 - AOS Approval

08/13/ 2009- GC in mail

ROC

09/01/2011 - Roc Approval

N - 400

06/15/2012 - Mailed N - 400 package to Phoenix

06/19/2012 - Notice of Action

07/20/2012 - Biometrics

08/20/2012 - Interview: PASSED

09/21/2012 - Oath Ceremony :)

09/21/2012 - US Citizen

RqhYvq6.jpgRqhYm4.pngRqhYm4.png

Every good and perfect gift is from above, coming down from the Father of heavenly lights, who does not change like shifting shadows James 1 : 17[/center]

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