Jump to content
Sign in to follow this  
cherryswife

Trying to get back to my husband in America - need your help!

7 posts in this topic

Recommended Posts

Hi there...

My husband and I were married in April 09. Long story short, I am in Australia and he is still in America. We were going to have an attorney file for us but are thinking of doing it ourselves (have been through the process before, tried to change my status from tourist to spouse while I was in the US but my husband's finances were not in order and we were denied, came under the poverty limit, had to leave because of denial). Anyway, the experience I had in filing last time was a little different because I was inside the country.

Just wondering if I can have some advice on the process we will take? This is as I understand it:

He files an I-130

As it reads, if it is approved, I am allowed back, and from there we file the I-485 and 864.

Is this right? I thought the I130, I485 and 864 all had to be approved before I could enter but I think (and hope) that I have that wrong.

I guess what I am asking is if anyone has imported a husband or wife, what the exact process was and a possible timeline. I have searched the forums but am a bit bamboozled by all the information, I would be so appreciative if some people would be so kind as to help me out here.

I miss my husband so much and just want to get back. Thanks in advance!

Share this post


Link to post
Share on other sites
Filed: Country:
Timeline

Hi there...

My husband and I were married in April 09. Long story short, I am in Australia and he is still in America. We were going to have an attorney file for us but are thinking of doing it ourselves (have been through the process before, tried to change my status from tourist to spouse while I was in the US but my husband's finances were not in order and we were denied, came under the poverty limit, had to leave because of denial). Anyway, the experience I had in filing last time was a little different because I was inside the country.

Just wondering if I can have some advice on the process we will take? This is as I understand it:

He files an I-130

As it reads, if it is approved, I am allowed back, and from there we file the I-485 and 864.

Is this right? I thought the I130, I485 and 864 all had to be approved before I could enter but I think (and hope) that I have that wrong.

I guess what I am asking is if anyone has imported a husband or wife, what the exact process was and a possible timeline. I have searched the forums but am a bit bamboozled by all the information, I would be so appreciative if some people would be so kind as to help me out here.

I miss my husband so much and just want to get back. Thanks in advance!

Unfortunately the latter is correct. He will have to file all of the documents before you can move to the US. If you can prove your ties to Australia, you could use the visa waiver program to visit him as a tourist, but they may deny you because of the past history at the POE. Others may have a different opinion about the latter, but you will have to file all of the forms correctly and have an interview in Australia before you can immigrate.

You may be thinking of the K1 which kind of operates like you think, but that is for fiancees only...you are married. While you may regret that you cannot file as a fiancee, you will save quite a bit of money by going the CR1 route and the time difference is not really that great.

Here is the step by step guide of what you have to do.

http://www.visajourney.com/content/i130guide1

Share this post


Link to post
Share on other sites

Unfortunately the latter is correct. He will have to file all of the documents before you can move to the US. If you can prove your ties to Australia, you could use the visa waiver program to visit him as a tourist, but they may deny you because of the past history at the POE. Others may have a different opinion about the latter, but you will have to file all of the forms correctly and have an interview in Australia before you can immigrate.

You may be thinking of the K1 which kind of operates like you think, but that is for fiancees only...you are married. While you may regret that you cannot file as a fiancee, you will save quite a bit of money by going the CR1 route and the time difference is not really that great.

Here is the step by step guide of what you have to do.

http://www.visajourney.com/content/i130guide1

Yep - CR-1 is the correct route to go - read up on the guide as posted by Indy90 and then post up further questions.

Sorry about your previous situation and Best Wishes on your journey!


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)

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

Sorry about your previous denial. Study the guides! Your husband will file the I-130, both of you will complete the G-325A, and send in the supportind documents. When approved by USCIS, you will then complete the DS-230 and the I864 to send to NVC. Then you will apply for the visa at the interview in Australia.

When the visa is approved, you will enter the US and be giving a stamp in your passport and a green card will come in the mail.

No need for the I-485, no need to adjust status.

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

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Colombia
Timeline

Did you by chance over stay the visa you had when you tried to Adjust here in the US the first time?


Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


Share this post


Link to post
Share on other sites

Thanks everyone for your very helpful replies. I am a little confused - I have read the step by step process and I can't see where the CR1 comes in - at what point do I do that?

NARocks - no, I did not overstay.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Colombia
Timeline

Your SO will file the I-130, then when that is apporved your case will go to the NVC to be processed in Australia where you will have your interview. The concurrent of the I-130, I-485 and I-864 wold be if you were adjusting from within the US :D Have a look at this as it will help speed the process at the NVC level LingChe NVC Shortcuts

The timeline will be around 9-12 months


Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...