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James957

Can Spouse Move to US and file Adjusement of Status.

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Dear list members,

I think my question is a complicated one and I can't find an answer on the forums. I will try to give an overview and then if someone can point us in the appropriate direction, or areas to read on the forum, we'd appreciate it.

My wife's I-130 was approved on May 24, 2010 and she is waiting for an interview (in Santo Domingo, Dominican Republic). We do not know if this interview will take place in August (it won't in July). She wants to move up here with her 9 your old son by the end of August so he can start school here. She wants to file for an Adjustment of Status while up here. Is this even possible? She and her son have Norwegian passports, which might help.

This is my general question. I could be more specific, but I want to at least find the appropriate area in the forums to start looking and as I said, any comments are appreciated.

Jim957

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Filed: Citizen (apr) Country: Canada
Timeline

No.

To enter the US as a tourist (which she would have to do if the interview is not scheduled in her time frame) with the intentions of adjusting status is visa fraud and with an approved I-130 it will be extremly difficult to prove she did not have immigrant intent when she entered as a tourist. This can result in a lifetime ban from the US. Their citizenship does not matter.

You are so close to the end, stick it out and wait for the interview.

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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How would they get in the US - on a tourist visa? To enter the US as a tourist with the intent to stay and adjust status is immigration fraud. I suggest you wait out the visa interview appointment and have them enter free and clear.

Surely starting school a little bit late is not going to be to the child's detriment - happens all the time.

Also I'm moving this thread out of the K1 process forum as it is not a K1 issue.


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I think also the fee for this AOS is very high, about $1000 or more.Cost for AOS

If it were me, and the I-130 had already been approved, and I was only waiting on the interview (medical done and all) I would definitely wait and NOT enter the US and try to adjust my status.

As everyone else will tell you, wait an extra month or two for the interview in Santa Domingo. You will be happy you did.

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Jim, Now that your petition is approved, you'll have to go through some more processing. Very soon the ball will be back in your court on this immigration journey you are taking. If you are interested in speed towards the end of the process, the very best thing you can do is to educate yourself about the next steps of the process in order to most speedily go through the remaining steps towards visa issuance and moving to the US.

If you don't take the time now to get prepared, you could be responsible for many delays.

Have you checked out the guide for the IR-1/CR-1 visa? You can read up about it here. I think (not as familiar with this process) that you are getting into the NVC phase, and soon you'll be needing to submit more forms and documentation, which you could start filling out and gathering now.

CR-1/IR-1 guide (scroll down past the petition phase, as you have successfully passed that)

http://www.visajourn...tent/i130guide1

NVC (National Visa Center) flowchart (the next steps I referred to above):

http://www.visajourn...wchart_v1-2.pdf

If you are curious about the possible timing, you can check out the historical processing times for IR-1 visas in the DR here:

http://www.visajourn...ine/irstats.php

It looks to me that the DR on average takes a bit over 6 months to get to interview on immigrant visas like the one for which you have petitioned for your wife to be able to apply. Remember that this is an average number, and if you are diligent and on the ball, you can make it so that you minimize that processing time by responding speedily and correctly to any requests from NVC/consulate. I wish you all the best, but I think it would be better to adjust expectations and hope for their arrival around Christmas rather than August to avoid disappointment.

Edited by Nik+Heather

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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Filed: Citizen (apr) Country: Mexico
Timeline

How would they get in the US - on a tourist visa? To enter the US as a tourist with the intent to stay and adjust status is immigration fraud. I suggest you wait out the visa interview appointment and have them enter free and clear.

Surely starting school a little bit late is not going to be to the child's detriment - happens all the time.

Also I'm moving this thread out of the K1 process forum as it is not a K1 issue.

Tracy, I think you need to be clearer with your first statement. You can enter on a tourist visa IF you did not get it with the intent of adjusting status, or to find a spouse to get you to stay, basically. In this case it is clear that it is not applicable, because the spouse would be getting the tourist visa just to move there. It would be different if she had the tourist visa prior to marriage.

Otherwise, concurrent filing of I-130 and AOS would not be an option, I think.

Edited by HappyKnappy

A 3 year-4 month-1week journey ends on 09/20/2013, and a new one begins!

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Filed: Citizen (apr) Country: Canada
Timeline

HappyKnappy - the date of the issuance of the tourist visa is irrelevant. It is her intent when ENTERING the US that is important. If she uses her previously issued tourist visa to enter the US but has the intention of adjusting status - that is the illegal part.


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: Mexico
Timeline

HappyKnappy - the date of the issuance of the tourist visa is irrelevant. It is her intent when ENTERING the US that is important. If she uses her previously issued tourist visa to enter the US but has the intention of adjusting status - that is the illegal part.

Hmmmm so now my question is, how can one adjust status from a tourist visa without incurring in visa fraud? For example like me, who used to live in a border town?


A 3 year-4 month-1week journey ends on 09/20/2013, and a new one begins!

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Filed: Citizen (apr) Country: Canada
Timeline

If you read previous posts, it's about intent. If you INTEND to use a tourist visa to adjust status, then it's illegal. Very simple. Tourist visas are for tourists, not for immigrating. In the OP's case, the intent is clear with an approved I-130

However, if, while entering the US in good faith as a tourist, one marries without any previous plans to do so, one may adjust status. Doing anything else may result in a lifetime ban from the US.

Edited by canadian_wife

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: IR-1/CR-1 Visa Country: China
Timeline

My wife's I-130 was approved on May 24, 2010

and what did you do for NVC processing ? (Sorry, I reviewed yer timeline over at http://www.visajourney.com/timeline/profile.php?id=81987 , felt very stumped on how to answer you )

if no clue, please review

DS-230 - http://travel.state.gov/visa/immigrants/info/info_3190.html

I-864 - http://travel.state.gov/visa/immigrants/info/info_3730.html

General NVC stuff - http://travel.state.gov/visa/immigrants/info/info_1335.html

and a mini-how-to when using the online payment portal during NVC processing

http://www.visajourney.com/forums/topic/221785-ds-3032-slowdown/page__view__findpost__p__3560467

For the nonce, please let us know what you've done, or not done, to handle (so far) any processing for NVC?

She wants to move up here with her 9 your old son by the end of August did you file a 2nd I-130 for this 9 year human ? or no? if no - let me know - I'll outline the I-130 expedite process for a child when parent's petition approved

She wants to file for an Adjustment of Status while up here. Is this even possible? She and her son have Norwegian passports, which might help. Usually, no, is not possible to go through AOS based on her current situation and intended intake from tourist visa whilst in USA.

Norwegian Passports? WOW . She and the boy can come in on the VWP, but will be huge issue if attempting AOS in the USA after entry on the VWP, as it fits the definition of 'intent to perpetrate immigration fraud'. I suppose another way to go, would be for both of them to come in on the VWP, then return to D.R. for the medical exam and interview day, then turn around to the USA on the CR-1/CR-2 visas, without doing any AOS in the USA. If THAT would 'put the boy in school' for September, with a 1 to 2 week 'hiatus' because of immigration concerns/scheduling, then you might want to pursue that route, as not only is it LEGAL, but is easier to do.

Good Luck !

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: Citizen (apr) Country: Mexico
Timeline

If you read previous posts, it's about intent. If you INTEND to use a tourist visa to adjust status, then it's illegal. Very simple. Tourist visas are for tourists, not for immigrating. In the OP's case, the intent is clear with an approved I-130

However, if, while entering the US in good faith as a tourist, one marries without any previous plans to do so, one may adjust status. Doing anything else may result in a lifetime ban from the US.

Confused with this one... Here it is, I got married in March 15 in San Diego and my wife would file the petition. However, when I came to see her in May, we decided to stay together. Now I am worried sick, because I have no intentions of committing fraud.


A 3 year-4 month-1week journey ends on 09/20/2013, and a new one begins!

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Confused with this one... Here it is, I got married in March 15 in San Diego and my wife would file the petition. However, when I came to see her in May, we decided to stay together. Now I am worried sick, because I have no intentions of committing fraud.

Wouldn't your questions be better addressed in their own thread rather than mixing them up with the advice given here to the OP?


K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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

Confused with this one... Here it is, I got married in March 15 in San Diego and my wife would file the petition. However, when I came to see her in May, we decided to stay together. Now I am worried sick, because I have no intentions of committing fraud.

Prolly a good thing, is right time, ya? to study up on 'intent'. Good Luck !

FWIW - we decided to stay together = intent on many fronts, but you might have small loophole as to WHEN the intent was solidified (prior to crossing the border, or after crossing the border).

This is a huge topic, and best served, IMO, in either a new topic of yer own (where others with backgrounds in this will see it) or tack on to similar topic in a non-CR-1 forum.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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

some people enter on tourist visas and then apply for the I-130 and get approved.

BUT there is ALWAYS a chance you will be denied because it is fraud.

but if you already started the process it is too big a risk to come before the interview. just wait it out. the kid can go to school once they arrive. schools are lenient.


USCIS JOURNEY

12-08-09 - I-130 Delivered to Chicago Lockbox

12-11-09 - Notice of Action (NOA1)

02-25-10 - Notice of Action 2 (NOA2) ~CA service center~

03-23-10 - PCC Applied - GET 04/01

Your I-130 was approved in 76 days from your NOA1 date

NVC JOURNEY

03-03-10 - NVC Case Number Assigned

03-05-10 - Email give

03-09-10 - AOS bill; Agent Email Get

03-10-10 - Paid AOS Bill; Email/Mail DS-3032

03-12-10 - AOS Bill Status: PAID

03-15-10 - IV Bill Email Get; Pay IV Bill

03-16-10 - IV Bill Status: PAID; AOS @ NVC

04-07-10 - IV Pack @ NVC

04-12-10 - IV Pack Enters AVR

04-20-10 - Log-in Fail

04-21-10 - Case Complete

04-30-10 - Interview Date Assigned

05-07-10 - NVC Forwards Case to Embassy, Tokyo

Your case was complete in 50 days at NVC

EMBASSY JOURNEY

04-16-10 - Medical Exam ($400) - PASSED

05-10-10 - Embassy Receives Case from NVC

06-28-10 - INTERVIEW - Moved

06-21-10 - INTERVIEW - APPROVED!

06-22-10 - Visa Received

Your interview took 192 days from your I-130 NOA1 date

USA JOURNEY

07-05-10 - US Entry

07-26-10 - Request SSC @ SS office

07-28-10 - Welcome Letter (2nd on 8/9)

08-02-10 - SSC GET

08-12-10 - Green Card GET -38 days

04-05-2012 - File I-751: APPROVED 10/17

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Filed: Citizen (apr) Country: Kenya
Timeline

Confused with this one... Here it is, I got married in March 15 in San Diego and my wife would file the petition. However, when I came to see her in May, we decided to stay together. Now I am worried sick, because I have no intentions of committing fraud.

Moving to the US on a non-immigrant (and not a K-1 or K-3) and less than a month later having everything ready to mail in for AOS probably will raise some eyebrows...

At any rate, agreed that you probably should start your own thread.

OP: Best just to wait it out with the CR-1 as others have said. There were many times growing up that I started a new school a few months into the school year...it's not such a terrible thing.


K-1
09/09/09 - NOA1 :: 10/20/09 - NOA2 :: 01/11/10 - Interview :: 02/24/10 - POE :: 04/10/10 - Wedding

AOS
05/17/10 - NOA :: 06/08/10 - Transferred to CSC :: 07/02/10 - Biometrics :: 07/16/10 - EAD/AP Approved :: 10/26/10 - AOS Approved

ROC
08/16/12 - NOA :: 09/13/12 - Biometrics :: 04/12/13 - Approved :: 04/19/13 - GC received


Naturalization
08/22/13 - NOA :: 09/20/13 - Biometrics :: 01/30/14 - Interview - Approved :: 02/27/14 - Oath

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