Jump to content
Sign in to follow this  
holistic_view

Urgent Help! US Citizen filing for Wife

9 posts in this topic

Recommended Posts

Hi,

I am a US citizen (living in US) who recently got married to a Japanese citizen outside USA. We are trying to figure out a way that reduces her wait time outside the US. I have not filed for her I-130 immigration visa yet.

Some information about my Spouse:

My spouse is getting offered an H1 visa to work in the US.

Question--> We are thinking of having her come to the US on her H1 visa first and then file for the I-130. This way, she would not have to wait outside the US much. Do you think this is a good approach? Can there be any complications with this approach? Can USCIS deny the application saying that she should have entered on the immigration visa and not a H1 visa?

Thanks for reading and your help.

Share this post


Link to post
Share on other sites

H visa is dual intent so there are no intent issues/problems. What you are suggesting is fine. Good luck.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites

Thanks. I got married in Jan 2011. So i can show my original marriage date and apply for her change of status from H1 to spouse immigration. I will be applying for her change of status towards the end of 2011. USCIS won't have any issues that the marriage took place almost a year ago and we are filing after 1 year?

Share this post


Link to post
Share on other sites

Is the H1 from a non profit/education?

H1 is dual intent, you can wait as long a you want to.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Then that is going to be a lot quicker than a spousal visa and they pay!


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
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...