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neosez

CR1 or I-130 - Outside US

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Hi,Last year I got married back in my home country Pakistan, my wife is US citizen. after we married she flew with me and living here in Mauritius where i'm currently living and working for past 3 years. My wife back in US she was studying.

She live with me for 2 months and than went back to US to meet her family.

I applied for B-2 Visa and got 5 year multiple visa. I went to US for two weeks and we both flew back to Mauritius end of January 2012.

Now we are planning to settle in US ASAP.

we find out is that we need to apply I-130

what I heard is that " petitioner need to show his/her root as that person is living in US, I-864 Affidavit for support", So in my case my wife is with me here outside the US, don't you think its going to be an issue to proof that she is living in US and either working or studying there. kindly clarify me on this, is it better to send her back to US and than she apply the entire procedure or its OK to have her here with me and do all the necessary procedure by applying I-130 etc... from here, kindly help me out i'm confused, i spoke with attorney and they said its no a problem even if she is living outside the US and apply for I-130

I need a right Guidance

Many thanks in Advance, I need to file my case ASAP.

Regards

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you can apply both ways if she is with u or if she go back to the states but if she will be living with u you ll need a co sponsor. or if your tourist visa still valid u can go the u.s and adjust your status while you are there with her.


K1 visa process
06/08/2011 I-129 sent
06/11/2011 I-129F NOA1 (Receipt)
09/23/2011 I-129F NOA2 (Approved)
10/11/2011 Package Received By NVC
10/11/2011 Package Left From NVC
10/16/2011 Received By Consulate
10/20/2011 Rec Instructions (Pkt 3)
11/09/2011 Complete Instructions (Pkt 3)
01/21/2012 Rec Appointment Letter (Pkt 4)
02/21/2012 Interview Date (K1 Visa)
02/21/2012 Interview Result Approved
02/29/2012 K1 Visa Received

03/16/2012 US Entry
03/19/2012 Marriage

Our AOS process
03/29/2012 AOS I-485/ EAD I-765/ AP I-131 filed
04/04/2012 NOA1 for AOS/ EAD/ AP
04/23/2012 Case transferred
05/08/2012 Biometric Appt Date for AOS and EAD
06/01/2012 EAD and Ap approved
06/09/2012 EAD and Ap combo card received
08/24/2012 AOS Approved
09/09/2012 Green Card received with no interview

Removing Conditions

05/27/2014 I-751 sent to Vermont Service Center

05/30/2014 Package Received

06/02/2014 NOA1

07/07/2014 Biometrics Appointment

12/01/2014 case transferred for California service center

01/13/2015 Second Biometrics appointment

01/23/2015 case approved

01/31/2015 Card Received

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you can apply both ways if she is with u or if she go back to the states but if she will be living with u you ll need a co sponsor. or if your tourist visa still valid u can go the u.s and adjust your status while you are there with her.

Don't go to US as a visitor and adjust a status. It would be a Visa Fraud, and can have unforsee circumstances.


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"Trust in the LORD with all your heart and lean not on your own understanding; in all your ways acknowledge him, and he will direct your paths." (Proverbs 3, 5-6)

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Many thanks for quick reply, so she can live with me here and we can still able to do our case, but what about I-864 Affidavit for support?? i believe it should be submit by petitioner, yes i can get to co-sponsor.

I also contact with attorney and he said that same that go to US and apply both I-130 & I-458 together and get the advance protocol. but i'm confused about it as well, is this the right path.

Please guide me what should i do. how can i apply and the right steps.

Thanks in Advance

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Moving from K3 Process & Procedures to IR-1/CR-1 Process & Procedures as that is the path the OP will need to take.

yif your tourist visa still valid u can go the u.s and adjust your status while you are there with her.

I also contact with attorney and he said that same that go to US and apply both I-130 & I-458 together

What was suggested by the poster of post #2 and by the attorney you spoke with is a non-starter. Using a US tourist visa to attempt to immigrate to the US is visa fraud. Penalties for visa fraud are severe.

For the Affidavit of Support (I-864); she will need to show that she has maintained her US domicile or has shown intent to reestablish a US domicile. Use the VJ search function to find examples of maintaining or showing intent to reestablish US domicile.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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