Should we file with USCIS in the U.S. or at the consulate in Sweden?

[taiyoflower 0]

My husband and I went to speak to a immigration lawyer in Miami last week.

We took with us some questions that we have while keeping in mind the advice of visa journey members who have helped.

We asked the lawyer if he thought it could be better for our case if my husband should wait for a visa in Sweden in the case that we applied through the consulate there. He told us that it is better to apply here in the U.S. and that he should stay here because if there should be any question in regards to our relationship which causes a rejection or denial...we can appeal it. If my husband goes to Sweden, and there is some kind of issue with proof or etc., then we cannot appeal and the rejection/denial would be final.

But, the lawyer stated that our case is a simple one and not as difficult as the cases of couples whose non - U.S. resident/citizen spouse is actually here in an illegal status.

So, if our case is that simple...would it not be a bit more safe for us and our case if my husband goes back to Sweden and we apply through the consulate rather than take a bit of a higher risk as he stays here???

I wish that he did not have to go back to Sweden and that things could be simple here. But, we both agree that we do not want to have a bad situation where he might not be able to start his life here with me in the U.S..

[taiyoflower 0]

Also, does it matter what period of time that we have known each other and does it affect the ability for my husband to apply and wait outside of the U.S. ?

My husband and I have known each other for 4 months. He has been here in the U.S. for 2 and a half of those months.

[visacheck 3]

My husband and I went to speak to a immigration lawyer in Miami last week.

We took with us some questions that we have while keeping in mind the advice of visa journey members who have helped.

We asked the lawyer if he thought it could be better for our case if my husband should wait for a visa in Sweden in the case that we applied through the consulate there. He told us that it is better to apply here in the U.S. and that he should stay here because if there should be any question in regards to our relationship which causes a rejection or denial...we can appeal it. If my husband goes to Sweden, and there is some kind of issue with proof or etc., then we cannot appeal and the rejection/denial would be final.

But, the lawyer stated that our case is a simple one and not as difficult as the cases of couples whose non - U.S. resident/citizen spouse is actually here in an illegal status.

So, if our case is that simple...would it not be a bit more safe for us and our case if my husband goes back to Sweden and we apply through the consulate rather than take a bit of a higher risk as he stays here???

I wish that he did not have to go back to Sweden and that things could be simple here. But, we both agree that we do not want to have a bad situation where he might not be able to start his life here with me in the U.S..

What visa did your husband use when he entered the US? I am assuming you got married here in the US?!

[taiyoflower 0]

My husband and I went to speak to a immigration lawyer in Miami last week.

We took with us some questions that we have while keeping in mind the advice of visa journey members who have helped.

We asked the lawyer if he thought it could be better for our case if my husband should wait for a visa in Sweden in the case that we applied through the consulate there. He told us that it is better to apply here in the U.S. and that he should stay here because if there should be any question in regards to our relationship which causes a rejection or denial...we can appeal it. If my husband goes to Sweden, and there is some kind of issue with proof or etc., then we cannot appeal and the rejection/denial would be final.

But, the lawyer stated that our case is a simple one and not as difficult as the cases of couples whose non - U.S. resident/citizen spouse is actually here in an illegal status.

So, if our case is that simple...would it not be a bit more safe for us and our case if my husband goes back to Sweden and we apply through the consulate rather than take a bit of a higher risk as he stays here???

I wish that he did not have to go back to Sweden and that things could be simple here. But, we both agree that we do not want to have a bad situation where he might not be able to start his life here with me in the U.S..

What visa did your husband use when he entered the US? I am assuming you got married here in the US?!

Yes. We married here. He came here with the I-94 in the beginning of July.

[visacheck 3]

My husband and I went to speak to a immigration lawyer in Miami last week.

We took with us some questions that we have while keeping in mind the advice of visa journey members who have helped.

We asked the lawyer if he thought it could be better for our case if my husband should wait for a visa in Sweden in the case that we applied through the consulate there. He told us that it is better to apply here in the U.S. and that he should stay here because if there should be any question in regards to our relationship which causes a rejection or denial...we can appeal it. If my husband goes to Sweden, and there is some kind of issue with proof or etc., then we cannot appeal and the rejection/denial would be final.

But, the lawyer stated that our case is a simple one and not as difficult as the cases of couples whose non - U.S. resident/citizen spouse is actually here in an illegal status.

So, if our case is that simple...would it not be a bit more safe for us and our case if my husband goes back to Sweden and we apply through the consulate rather than take a bit of a higher risk as he stays here???

I wish that he did not have to go back to Sweden and that things could be simple here. But, we both agree that we do not want to have a bad situation where he might not be able to start his life here with me in the U.S..

What visa did your husband use when he entered the US? I am assuming you got married here in the US?!

Yes. We married here. He came here with the I-94 in the beginning of July.

Did he enter the US under the Visa Waiver Program or a tourist visa?

[visacheck 3]

If you are willing to wait and be separated with your husband, file for K-3 visa which will be preocessed in Sweden. If not, file for I-130 here in the US and then adjust status. Just make sure you can prove there was no intent to marry when your husband entered the US.

[taiyoflower 0]

My husband and I went to speak to a immigration lawyer in Miami last week.

We took with us some questions that we have while keeping in mind the advice of visa journey members who have helped.

We asked the lawyer if he thought it could be better for our case if my husband should wait for a visa in Sweden in the case that we applied through the consulate there. He told us that it is better to apply here in the U.S. and that he should stay here because if there should be any question in regards to our relationship which causes a rejection or denial...we can appeal it. If my husband goes to Sweden, and there is some kind of issue with proof or etc., then we cannot appeal and the rejection/denial would be final.

But, the lawyer stated that our case is a simple one and not as difficult as the cases of couples whose non - U.S. resident/citizen spouse is actually here in an illegal status.

So, if our case is that simple...would it not be a bit more safe for us and our case if my husband goes back to Sweden and we apply through the consulate rather than take a bit of a higher risk as he stays here???

I wish that he did not have to go back to Sweden and that things could be simple here. But, we both agree that we do not want to have a bad situation where he might not be able to start his life here with me in the U.S..

What visa did your husband use when he entered the US? I am assuming you got married here in the US?!

Yes. We married here. He came here with the I-94 in the beginning of July.

Did he enter the US under the Visa Waiver Program or a tourist visa?

Tourist visa