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dee4182

Adjust status or Consular Processing? Help!

By dee4182 in Bringing Family Members of US Citizens to America

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dee4182 Rookie

dee4182   0

Posted
Filed: IR-1/CR-1 Visa Country: Jamaica
 Timeline
Posted

I am a US citizen and I want to bring my husband here to live in the states. We got married earlier this month. He is employed as a teacher overseas, so after we got married he went back to complete his teaching contract which is up July 2010. Then the plan is for him to move here permanately. Is it best to wait until he comes in July, complete th I-130 and adjust status? Or should I start the I-130 now and elect consular processing since he is currently overseas? If I do that, will he be able to travel on his current visitor visa to come back here in July or does that visa become null and void with the immigrant visa processing? I hear that consular processing is quicker but you never can tell with the government. Thanks!

My NVC Journey

10/6/10 - Case approved by USCIS

10/18/10 – NVC received the file

10/18/10 - NVC case # generated; Embassy assigned - Nassau

10/18/10 - Called NVC and gave both beneficiary and petitioner email addresses

10/19/10 - Beneficiary emailed DS-3032 to NVC

10/27/10 - Paid AOS fee $ 88.00

10/28/10 - Emailed DS-3032 again to Attn: Supervisor Sue

10/29/10 - AOS fee shown as PAID

10/30/10 - Received DS-3032 kit via email (NVC emailed it to the wrong email address for the beneficiary and realized their mistake on 11/1)

11/01/10 - AOS package expressed mailed (next day delivery)

11/01/10 - Beneficiary received confirmation of original emailed DS-3032 (emailed 10/20)

11/01/10 - IV fee bill generated and paid same day

11/03/10 - IV fee bill shown as PAID

Penguin_ie Grand Master

Penguin_ie   5,994

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

He cannot come here under a visitor visa and adjust status, that is visa fraud and could result in a lifetime ban. So, I recommend you file the I-130 now, which also has the advantage that when he does come to the US on his spousal visa, he will be alowed to work right away and get a greencard, no waiting. It won't be done by July, but he can visit on his normal visa, that won't be canceled; he should however bring proof that he will return to his home country when he visits (letter from employer, lease of home, bank accounts etc).

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Bernie C Proficient

Bernie C   24

Posted
Filed: Lift. Cond. (pnd) Country: Vietnam
 Timeline
Posted

I agree with the "Penguin" completely.

If you have not yet - visit the guides section and read up on "Guides if you are married" - "USC lives in US and Spouse lives overseas".

Whether or not he can enter the US on his visitor visa will depend on the strength of ties he can show to his home country. Make sure if he comes to visit he does not hide any information (such as that you are married). This can lead to a misrepresentation charge and they can pull is visitor visa and/or worse.

Review the guides and start the CR-1 process would be my advice.

6/15/2009 Filed I-129F

12/15/2009 Interview (HCMC, VN)

1/16/2010 POE Detroit

3/31/2010 MARRIED !!!

11/20/2010 Filed I-485

12/23/2010 Biometrics (Buffalo, NY)

12/31/2010 I-485 Transfered to CSC

2/4/2011 Green Card received

1/7/2013 Mailed I-751 package

1/14/2013 I-751 NOA (VSC)

2/07/2013 Biometrics (Buffalo, NY)

dee4182 Rookie

dee4182   0

Posted
Filed: IR-1/CR-1 Visa Country: Jamaica
 Timeline
  • Author
Posted

Ok I am still trying to make sense of the law. Does it make sense to do the I-130 and also apply for a K3?

My NVC Journey

10/6/10 - Case approved by USCIS

10/18/10 – NVC received the file

10/18/10 - NVC case # generated; Embassy assigned - Nassau

10/18/10 - Called NVC and gave both beneficiary and petitioner email addresses

10/19/10 - Beneficiary emailed DS-3032 to NVC

10/27/10 - Paid AOS fee $ 88.00

10/28/10 - Emailed DS-3032 again to Attn: Supervisor Sue

10/29/10 - AOS fee shown as PAID

10/30/10 - Received DS-3032 kit via email (NVC emailed it to the wrong email address for the beneficiary and realized their mistake on 11/1)

11/01/10 - AOS package expressed mailed (next day delivery)

11/01/10 - Beneficiary received confirmation of original emailed DS-3032 (emailed 10/20)

11/01/10 - IV fee bill generated and paid same day

11/03/10 - IV fee bill shown as PAID

 
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