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nica

Friend hoping her husband can be in the country with her...

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Hey everyone,

I have a friend who is about to marry a Mexican citizen, and she's still in that hopelessly optimistic phase of thinking that they'll be able to find a way for him to live in the U.S. with her through the entire CR-1 process. In addition to finding this a little annoying (given how long all of us are waiting to live with our spouses! :P ), I also don't want her to get stuck in a horrific process of endless red tape and/or get her husband banned from the country.

Here are two of the options that were suggested to her by an immigration officer and a USCIS officer (get ready to roll your eyes):

1. He can apply concurrently for a K-3 visa, which allows him to live here while the I-130 is pending. I think this is an obsolete visa type, no?

2. He can apply concurrently for a work visa, which has a much faster processing time. When the work visa is processed, he can move to the U.S. and live here while the CR-1 visa is processing. Note that he knows he can get a work visa because already has a sponsor. I assume that USCIS and/or the consular officer at the interview will have all kinds of reasons to be suspicious about his already having a sponsor, given that all other times he's entered the U.S., he's been on a tourist visa. It's theoretically possible (not sure in this case) that he got the sponsor through email from Mexico (so wasn't abusing his tourist visa by looking for work while in the U.S.)... but will the consular officer believe that? Can he prove it either way?

She currently doesn't believe that there will be major problems/consequences with either of these courses of action. What types of problems is she likely to run into, in your experience?

Edited by nica

USCIS (221 days)
07-13-2011 -- I-130 sent
07-15-2011 -- I-130 NOA1 received in the mail
02-21-2012 -- I-130 NOA2 approved

NVC (26 days)
02-24-2012 -- NVC receives application
03-21-2012 -- Case completed at NVC

Consulate (50 days)
04-05-2012 -- Interview date assigned
05-01-2012 -- Medical
05-21-2012 -- Interview - Approved
05-25-2012 -- Received visa

06-03-2012 -- POE!

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

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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H1-B work visa is dual intent, meaning people can use it to enter the US even if they have the intent to eventually immigrate here permanently. If he has an employer who is willing to hire him and sponsor him that visa, he can get the H1-B, use that to come to the US, and then once they are married, he can adjust to permanent resident within US. Perfectly legal, all by the book, and they won't have to be apart at all.

Edited by Little_My

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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H1-B work visa is dual intent, meaning people can use it to enter the US even if they have the intent to eventually immigrate here permanently. If he has an employer who is willing to hire him and sponsor him that visa, he can get the H1-B, use that to come to the US, and then once they are married, he can adjust to permanent resident within US. Perfectly legal, all by the book, and they won't have to be apart at all.

Won't there be questions about how he got a sponsor?


USCIS (221 days)
07-13-2011 -- I-130 sent
07-15-2011 -- I-130 NOA1 received in the mail
02-21-2012 -- I-130 NOA2 approved

NVC (26 days)
02-24-2012 -- NVC receives application
03-21-2012 -- Case completed at NVC

Consulate (50 days)
04-05-2012 -- Interview date assigned
05-01-2012 -- Medical
05-21-2012 -- Interview - Approved
05-25-2012 -- Received visa

06-03-2012 -- POE!

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Filed: Citizen (apr) Country: Canada
Timeline

1. He can apply concurrently for a K-3 visa, which allows him to live here while the I-130 is pending. I think this is an obsolete visa type, no?

The K-3 doesn't even allow this. Many people seem to think it does but hes not allowed to live in the USA while its processing. But yes the visa is obsolete anyways.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Won't there be questions about how he got a sponsor?

I have no personal experience about the H1-B process, but my understanding is that if an employer is willing to sponsor a foreigner for a work visa, and can make the case of why they want to hire that particular foreigner over an American, USCIS doesn't really care how he found the sponsor. Someone please correct me if I am mistaken, but the H1-B process, according to my knowledge, is almost entirely handled by the sponsoring company's lawyer, and the sponsored foreign employee doesn't have to prove much of anything, besides being qualified for being sponsored (i.e. meeting the minimum requirements regarding education, and being suitable for the job).


Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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You don't apply for an H1B and get it tomorrow. You also have to wait. VIsas for this year are already spent. Spousal visa is probably faster.


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

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

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Hey everyone,

I have a friend who is about to marry a Mexican citizen, and she's still in that hopelessly optimistic phase of thinking that they'll be able to find a way for him to live in the U.S. with her through the entire CR-1 process. In addition to finding this a little annoying (given how long all of us in the CR-1 process are waiting to live with our spouses! :P ), I also don't want her to get stuck in a horrific process of endless red tape and/or get her husband banned from the country.

Here is one of the options that were suggested to her by an immigration officer and a USCIS officer:

1. He can apply concurrently for a work visa, which has a much faster processing time. When the work visa is processed, he can move to the U.S. and live here while the CR-1 visa is processing. Note that he knows he can get a work visa because already has a sponsor. I assume that USCIS and/or the consular officer at the interview will have all kinds of reasons to be suspicious about his already having a sponsor, given that all other times he's entered the U.S., he's been on a tourist visa. It's theoretically possible (not sure in this case) that he got the sponsor through email from Mexico (so wasn't abusing his tourist visa by looking for work while in the U.S.)... but will the consular officer believe that? Can he prove it either way?

She currently doesn't believe that there will be major problems/consequences with either of these courses of action. What types of problems is she likely to run into, in your experience?

Edited by nica

USCIS (221 days)
07-13-2011 -- I-130 sent
07-15-2011 -- I-130 NOA1 received in the mail
02-21-2012 -- I-130 NOA2 approved

NVC (26 days)
02-24-2012 -- NVC receives application
03-21-2012 -- Case completed at NVC

Consulate (50 days)
04-05-2012 -- Interview date assigned
05-01-2012 -- Medical
05-21-2012 -- Interview - Approved
05-25-2012 -- Received visa

06-03-2012 -- POE!

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You will be getting the same responses here as you are in the other thread.. If you look at your first post, Harpa just noted that the H1-B cap is already full for this year, so unless the field he would be working for is cap exempt, he is too late to apply for an H1-B in 2012.


Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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You will be getting the same responses here as you are in the other thread.. If you look at your first post, Harpa just noted that the H1-B cap is already full for this year, so unless the field he would be working for is cap exempt, he is too late to apply for an H1-B in 2012.

Oh... I assumed most people in the CR-1 thread wouldn't know as much about the work visa stuff, so I thought I'd ask here as well!


USCIS (221 days)
07-13-2011 -- I-130 sent
07-15-2011 -- I-130 NOA1 received in the mail
02-21-2012 -- I-130 NOA2 approved

NVC (26 days)
02-24-2012 -- NVC receives application
03-21-2012 -- Case completed at NVC

Consulate (50 days)
04-05-2012 -- Interview date assigned
05-01-2012 -- Medical
05-21-2012 -- Interview - Approved
05-25-2012 -- Received visa

06-03-2012 -- POE!

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You don't apply for an H1B and get it tomorrow. You also have to wait. VIsas for this year are already spent. Spousal visa is probably faster.

I believe the job in question would be at a college (he has a Master's in engineering). Is that one of the cap exempt fields?


USCIS (221 days)
07-13-2011 -- I-130 sent
07-15-2011 -- I-130 NOA1 received in the mail
02-21-2012 -- I-130 NOA2 approved

NVC (26 days)
02-24-2012 -- NVC receives application
03-21-2012 -- Case completed at NVC

Consulate (50 days)
04-05-2012 -- Interview date assigned
05-01-2012 -- Medical
05-21-2012 -- Interview - Approved
05-25-2012 -- Received visa

06-03-2012 -- POE!

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from Progress Reports to Process & Procedures.


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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Filed: Timeline

I have no personal experience about the H1-B process, but my understanding is that if an employer is willing to sponsor a foreigner for a work visa, and can make the case of why they want to hire that particular foreigner over an American, USCIS doesn't really care how he found the sponsor. Someone please correct me if I am mistaken, but the H1-B process, according to my knowledge, is almost entirely handled by the sponsoring company's lawyer, and the sponsored foreign employee doesn't have to prove much of anything, besides being qualified for being sponsored (i.e. meeting the minimum requirements regarding education, and being suitable for the job).

Sort of, there are numerical limits depending on the field. The employer has to show that the job pays prevailing wages, etc. H1-Bs can be advantageous compared with CR-1s mainly because the company and its lawyer are handling the process and paying the fees, but the bigger roadblock is finding an employer that's willing to go through the expense. Nice work if you can get it, basically.

But yes, H1-B visas are dual-intent, and are eligible to adjust status in the US once married. Dual-intent means you can get a H1-B whether you intend to immigrate are not. H1-Bs are allowed, under certain circumstances, to adjust to LPR by themselves once they have been in the US for the required time period.

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Filed: Country: Vietnam (no flag)
Timeline

Hey everyone,

I have a friend who is about to marry a Mexican citizen, and she's still in that hopelessly optimistic phase of thinking that they'll be able to find a way for him to live in the U.S. with her through the entire CR-1 process. In addition to finding this a little annoying (given how long all of us are waiting to live with our spouses! :P ), I also don't want her to get stuck in a horrific process of endless red tape and/or get her husband banned from the country.

Here are two of the options that were suggested to her by an immigration officer and a USCIS officer (get ready to roll your eyes):

1. He can apply concurrently for a K-3 visa, which allows him to live here while the I-130 is pending. I think this is an obsolete visa type, no?

2. He can apply concurrently for a work visa, which has a much faster processing time. When the work visa is processed, he can move to the U.S. and live here while the CR-1 visa is processing. Note that he knows he can get a work visa because already has a sponsor. I assume that USCIS and/or the consular officer at the interview will have all kinds of reasons to be suspicious about his already having a sponsor, given that all other times he's entered the U.S., he's been on a tourist visa. It's theoretically possible (not sure in this case) that he got the sponsor through email from Mexico (so wasn't abusing his tourist visa by looking for work while in the U.S.)... but will the consular officer believe that? Can he prove it either way?

She currently doesn't believe that there will be major problems/consequences with either of these courses of action. What types of problems is she likely to run into, in your experience?

Neither of those paths are possible. Nothing allows him to wait in the US.

Your friend is setting herself up for a lot of heartache. She is risking getting her husband ban from the US.

If she is so sure of her position, then ask her to show you something to back up her position. Tell her that people with lots of immigration experience are telling her that it will not work and will end very badly for her and her husband.

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So IF he is able to get a cap-exempt work visa, will there be a process that requires either him or the sponsor to explain the circumstances of how he was hired? In other words, if it turns out he sought an interview with the employer while in the U.S. on a tourist visa, would USCIS find out?

I don't know for certain that this was the case, but I want to be able to warn them of the potential dangers of their plan.


USCIS (221 days)
07-13-2011 -- I-130 sent
07-15-2011 -- I-130 NOA1 received in the mail
02-21-2012 -- I-130 NOA2 approved

NVC (26 days)
02-24-2012 -- NVC receives application
03-21-2012 -- Case completed at NVC

Consulate (50 days)
04-05-2012 -- Interview date assigned
05-01-2012 -- Medical
05-21-2012 -- Interview - Approved
05-25-2012 -- Received visa

06-03-2012 -- POE!

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