Need help/advice

[jmacachor 0]

Hi. Me (american) and my wife (estonian) were married in Estonia this year. I have a job opportunity in New York and we are going in February. It's an internship with the possibility of getting hired so we have return tickets to Estonia if it doesn't pan out. But, if it does, would it be possible to apply for my wifes greencard (CR1 visa if I understand correctly) while in New York before her 90 visa free days are up? Once we start the process with the i330 form is it ok to stay until its done? If anyone can help with some info I'd really appreciate it as my brain is fried from too many things going on right now.

Edited December 12, 2011 by jmacachor

[jmacachor 0]

Where does this form come into play after filing the i330. Or does it at all?

[evelyn1140 18]

Where does this form come into play after filing the i330. Or does it at all?

what are you applying for? You have to give more details ...Then we would able to help you

[Penguin_ie 6,005]

I think you mean the I-130, which is the form used to petition for a spouse? You will be going for a CR-1 visa, which leads to immediate greencard upon entry to the USA, so no Adjustment of Status/ I-485 needed.

**** duplicate topics merged and a third topic without replies removed. Please do not post more than once on one issue, instead provide all information in one thread so VJers can help you. *****

[jmacachor 0]

Hi thanks for helping! But since we will be in America and won't know if I get a job til about halfway through my wifes 90 free days in America, will it be possible for us to apply for her CR-1 visa while still in the middle of her 90 free days? What happens then if we send in the paperwork? Do we have to go back to Estonia then come back when the CR-1 is given, or is she allowed to stay since we started the paper work? Or is there another visa we can get in the meantime so we don't have to come back to Estonia and I can start working right away.

I hope that's not too confusing.

Thanks again, it helps so much talking to people rather than searching for hours on the internet.

[Ryan H 3,932]

Hi thanks for helping! But since we will be in America and won't know if I get a job til about halfway through my wifes 90 free days in America, will it be possible for us to apply for her CR-1 visa while still in the middle of her 90 free days? What happens then if we send in the paperwork? Do we have to go back to Estonia then come back when the CR-1 is given, or is she allowed to stay since we started the paper work? Or is there another visa we can get in the meantime so we don't have to come back to Estonia and I can start working right away.

I hope that's not too confusing.

Thanks again, it helps so much talking to people rather than searching for hours on the internet.

You could file the I-130 form anytime. However, your wife would have to depart the US when her authorized stay expires.

[jmacachor 0]

There's no temporary visa she could get so we wouldn't have to be apart for 7-8 months?

[Ryan H 3,932]

There's no temporary visa she could get so we wouldn't have to be apart for 7-8 months?

No

[Darnell 8,480]

well, you could file now, the i-130.

today-ish.

Edited December 14, 2011 by Darnell

[jmacachor 0]

I was thinking of that but since I don't have a job in the states yet it would be pretty hard to get her the green card i'm guessing?

[Penguin_ie 6,005]

I was thinking of that but since I don't have a job in the states yet it would be pretty hard to get her the green card i'm guessing?

Even if you file tomorrow, you won't need the I-864 (affidavit of support) for several months yet, until NVC stage, so you'd have some time to find a job or co-sponsor.

[jmacachor 0]

Ah ok, thanks so much for the help!

Sorry one more question, since my wife is Estonian and we were married in Estonia, does she have to do the interview and medical exam in Estonia or can she do it in New York?

[Penguin_ie 6,005]

A visa is to come to the USA, so yes, she would need to do her medical and interview abroad. She can do it anywhere she is legally resident, so it doesn't have to be Estonia.

[jmacachor 0]

Penguin, from you timeline it looks like you moved to the U.S. before you officially received your greencard. Is that right? So if we fill out the i330 and send it in then its possible to only wait a month and a half til we get the visa that says its ok to go to the states? Then we can wait there for the green card?

[jmacachor 0]

and what exactly is the ds-230 form?