B2 to AOS Waiting times. HELP PLS!!!!

[cuoredc 0]

Hi Everyone!

Let me introduce myself first. I’m from Argentina and I’ve been in a LDR with my American man  for 3 ½ years. We met back in Buenos Aires in 2006 at a work-related trip so we’ve known each other for a very long time.

So… here’s our problem.

I came to the US on a B2 visa on Sep. 10th to visit him and my I-94 expires on March 10th. A week later his boss told him he’s being transferred to Spain in December. We already knew this could be a possibility but we had no idea when this could be.

We had already talked about getting married soon, both in Argentina and the States but I had no idea about the process in the US and we certainly didn’t settle for any date.

So we started to analyze our situation considering the future transference and we thought the smartest choice was to get married soon enough to allow me to on his transference papers. So we did.

I’m extremely happy, but after a week reading the forum all I can say is shame on us!!!!!

I know, 2 grown educated adults should had checked all the information required by immigration but we were so shocked by how sudden his transference notice was that we didn’t really put a lot of thought on it, obviously.

So, I know that now that I have to go through the AOS but I have some questions regarding our situation:

*how long does it take to be awarded the AOS?? Cause I need to see how are we going to manage till he has to go.

* once I have the AOS, when can I apply for the Advance Parole and how long does it take? Cause I certainly don’t want to be alone in the States while he’s in Spain.

We really didn’t try to do things wrong. We were just blind by situation and right now I’m begging to think it’s going to be a headache.

I know a possibility is to go to Spain with him and file an i-130 while in there but I need to explore all our options before we rush into anything, again.

Thanks so much for you help!!!

[Harpa Timsah 13,258]

Filing AOS results in permanent residency, or a green card. If you don't want to live in the US right now, I would not file for AOS. If you live outside the US for a year, then you will abandon your residency and your Greencard will get taken away. Then you will have to refile for a spousal visa. If you have different plans, or if the move to Spain is temporary, the process takes 3-5 months to get a GC.

[CC90 90]

Then you will have to refile for a spousal visa.

Or an SB-1, if you didn't get a reentry permit prior to your departure.

[Little_My 464]

Agree with Harpa. Not only will you be going through all the AOS paperwork for nothing, you'll also be putting about $2,000 into the process - which you obviously will not get back if you then move abroad and lose your greencard.

I would look into possibilities of you going to Spain with him as his spouse. Is his company getting him a work visa there? If so, research that visa and see if you qualify for a visa as his immediate family member. Once you are thinking about moving back to the US, you can initiate the CR-1/IR-1 visa process for you in Spain and get you a spousal visa at that point.

[bigdog 376]

Explore your options and ramifications of them before you proceed. This can cost you lots of unnecessary money, etc.

[cuoredc 0]

Wow you guys!

Thank you so much for all the super fast replies.

He talked with the legal dept. at work and since we are legally married I can apply for a visa for Spain myself as an immediate family member.

I'll definetely won't go through the AOS right away cause we'll be in Spain for 18-24 mo.

Since it would be such a long period in Europe I think it'll be best to start all the paperwork once we relocate. I think I'll be able to focus a lot more after we get there instead of dealing with a huge package for USCIS, the Spanish visas and the moving at the same time.

Thanks a million!!! You rock!