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perpetual nomad

I-130 Submission Timing Question

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Filed: IR-1/CR-1 Visa Country: Peru
Timeline

Howdy -- Quick question for you all.

My lovely Peruvian wife and I were wed last Friday. I'm a natural born USC. She's here on a tourist visa.

I'd like very much to submit the I-130 package to the USCIS, but am unsure if this is permissible while she's still visiting the country. We've already purchased airfare to leave (together) for Perú on May 20 to wait out the process and use the embassy in Lima to do the final interview after NVC processing.

Can I do this now, in April, or do I need to wait to mail it off just before she departs? I'd read that initiating the process while she's here is a problem:

My fiance/fiancee came to the U.S on a tourist visa and we intended to get married and for him/her to return home afterwards and then immigrate from outside the US. Does this mean our petition will be denied, and is what we did illegal??

No. It is perfectly ok to marry in the US on a tourist visa as long as the intending immigrant returns to his/her home country to file the I-130, and does not try to adjust his/her status and remain in the US during the I-130 process, as that is illegal.

Edited by perpetual nomad

04.26.2010 | Day 0 :: Lockbox received I-130 packet w/ consular processing in Perú

04.30.2010 | Day 4 :: $355 check cashed, NOA1

10.05.2010 | Day 163 :: I-130 NOA2 California approval (5 months, 5 days since NOA1)

10.18.2010 | Day 176 ⇔ 0 :: NVC assigned case number ( as of November the AVR system still says no case # assigned)

11.10.2010 | Day 199 ⇔ 24 :: DS-3032 e-mailed again with ATTN to Supervisor Sue (acceptance response 25 min later!); paid $404 IV fee online

11.26.2010 | Day 215 ⇔ 40 :: I-864 and DS-230 packets delivered

03.14.2011 | Day 322 ⇔ 147 :: NVC case closed (4 months, 24 days)

03.26.2011 | Day 334 ⇔ 159 :: NVC assigned embassy interview for May 31 (5 months, 8 days)

05.31.2011 | Day 400 :: Embassy interview, Approved!

06.06.2011 | Day 406 :: Passport & entry packet picked up from DHL

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Filed: Lift. Cond. (pnd) Country: Japan
Timeline

My lovely Peruvian wife and I were wed last Friday.

Congrats!!!

We've already purchased airfare to leave (together) for Perú on May 20 to wait out the process and use the embassy in Lima to do the final interview after NVC processing.

Hmm... This is a tough question you are asking in light of your plans. I'm at the "Affidavit of Support" stage and the form clearly indicates that I must have a US domicile.

That said, there are rules on where to send it based upon where you live, you might want to look into that for any clues.

Hope this helps!

Mike


Relationship Timeline:

07/19/2003 - Met here in the US and just clicked

05/2004 through 08/2009 - many trips back and forth by both of us, phone calls, care packages, etc.

02/14/2008 - Engaged (she was here in the US for Valentines Day so I figured make it official :))

11/21/2009 - Married with a few friends and some family in attendence.

CR1 Timeline:

01/12/2010 - I-130 Packet Sent

<interviening stuff deleted as signature is finite in length>

08/30/2010 - Interview completed, visa granted.

08/31/2010 - Visa in hand!

09/07/2010 - Arriving Seattle.

09/17/2010 - Received SSN.

10/01/2010 - Received green card.

Removal of Conditions:

06/06/2012 - Mailed I-751

06/12/2012 - Got back I-751 as "too early"

06/13/2012 - Re-mailed I-751

06/18/2012 - NOA1

07/13/2012 - Biometrics Appointment letter received (scheduled for 08/06/2012)

08/06/2012 - Biometrics completed.

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Filed: IR-1/CR-1 Visa Country: Peru
Timeline

the form clearly indicates that I must have a US domicile.

Hi. My residence isn't an issue -- I have a permanent presence.


04.26.2010 | Day 0 :: Lockbox received I-130 packet w/ consular processing in Perú

04.30.2010 | Day 4 :: $355 check cashed, NOA1

10.05.2010 | Day 163 :: I-130 NOA2 California approval (5 months, 5 days since NOA1)

10.18.2010 | Day 176 ⇔ 0 :: NVC assigned case number ( as of November the AVR system still says no case # assigned)

11.10.2010 | Day 199 ⇔ 24 :: DS-3032 e-mailed again with ATTN to Supervisor Sue (acceptance response 25 min later!); paid $404 IV fee online

11.26.2010 | Day 215 ⇔ 40 :: I-864 and DS-230 packets delivered

03.14.2011 | Day 322 ⇔ 147 :: NVC case closed (4 months, 24 days)

03.26.2011 | Day 334 ⇔ 159 :: NVC assigned embassy interview for May 31 (5 months, 8 days)

05.31.2011 | Day 400 :: Embassy interview, Approved!

06.06.2011 | Day 406 :: Passport & entry packet picked up from DHL

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Filed: Lift. Cond. (apr) Country: India
Timeline

You can send it in now. No issues.


03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

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Filed: Other Country: China
Timeline

You can send it in now. No issues.

You can send it when ready but be sure to show her current residence address as outside the USA. She's just "visiting". Take great care in the section where you'll be indicating she's currently in the USA and to indicate she'll be applying for a visa in Lima, not adjusting status in the USA.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: IR-1/CR-1 Visa Country: Peru
Timeline

Thanks for your thoughts sachinky & pushbrk.


04.26.2010 | Day 0 :: Lockbox received I-130 packet w/ consular processing in Perú

04.30.2010 | Day 4 :: $355 check cashed, NOA1

10.05.2010 | Day 163 :: I-130 NOA2 California approval (5 months, 5 days since NOA1)

10.18.2010 | Day 176 ⇔ 0 :: NVC assigned case number ( as of November the AVR system still says no case # assigned)

11.10.2010 | Day 199 ⇔ 24 :: DS-3032 e-mailed again with ATTN to Supervisor Sue (acceptance response 25 min later!); paid $404 IV fee online

11.26.2010 | Day 215 ⇔ 40 :: I-864 and DS-230 packets delivered

03.14.2011 | Day 322 ⇔ 147 :: NVC case closed (4 months, 24 days)

03.26.2011 | Day 334 ⇔ 159 :: NVC assigned embassy interview for May 31 (5 months, 8 days)

05.31.2011 | Day 400 :: Embassy interview, Approved!

06.06.2011 | Day 406 :: Passport & entry packet picked up from DHL

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