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Diego Vieira

Apply for future wife and daughter

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As posted here: http://www.visajourney.com/forums/topic/368088-find-out-status-of-i-130/

My mother has filled a I-130 for me.

She is thinking about going to the USA to apply for her citizenship.

After she is done with her citizenship, I think that the best think to do is upgrade the I-130 (this is the fastest way?)

Suppose that I get my green card as a unmarried child 21 older of citizenship.

I live with my partner for 5 years now and we have a daughter (2 months old), but we're not married yet.

Currently we live in Brazil.

What would be the steps as soon as I receive my green card?

- Get married in Brazil, move alone to the USA and apply for a I-130 for my wife and daughter?

- Move to the USA alone, get a tourism visa for her and my daughter and fill a I-130 for them while they stay there with me?

- Stay in Brazil, get married, fill a I-130 for my wife and daughter and wait here? (can we stay here?)

I don't know if anything mentioned above is possible/legal.

Thanks in advance.


Timeline

04/11/07 - I-130 App Sent

10/22/09 - NVC Case # Assigned

xx/xx/xx - Trying to find out...

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She is thinking about going to the USA to apply for her citizenship.

What do you mean by that?


“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.”

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What do you mean by that?

She's currently in Brazil with me due to health.

ditto.

as a resident, she must be living in the US. how long has she been out of the country?

She was in the USA from October~December 2010 and again August~December 2011.

She almost lost her GC in 2010, but there was no issues going there in 2011.

Thank you


Timeline

04/11/07 - I-130 App Sent

10/22/09 - NVC Case # Assigned

xx/xx/xx - Trying to find out...

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She's currently in Brazil with me due to health.

She was in the USA from October~December 2010 and again August~December 2011.

She almost lost her GC in 2010, but there was no issues going there in 2011.

Thank you

and now how long has it been? it depends on how long has she been out to see if she does qualify or not for continous presence. how and when did she get her GC?

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and now how long has it been? it depends on how long has she been out to see if she does qualify or not for continous presence. how and when did she get her GC?

She got her GC in 2005 thru marriage with UCS (Cuban)

Thank you

Edited by Diego Vieira

Timeline

04/11/07 - I-130 App Sent

10/22/09 - NVC Case # Assigned

xx/xx/xx - Trying to find out...

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Sounds like she is looking to move back 'full time', not sure it would be a good idea to apply for Citizenship, when she is eligible, without a consultation with a Lawyer first.

Edited by Boiler

“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.”

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how long has she been abroad or plans to be?

Abroad 36 months in total.

Sounds like she is looking to move back 'full time', not sure it would be a good idea to apply for Citizenship, when she is eligible, without a consultation with a Lawyer first.

yip, she's going back to the USA get a job and apply for citizenship.

Will tell her to contact a lawyer when she is back to USA next month.

Thank you for the information


Timeline

04/11/07 - I-130 App Sent

10/22/09 - NVC Case # Assigned

xx/xx/xx - Trying to find out...

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Abroad 36 months in total.

yip, she's going back to the USA get a job and apply for citizenship.

Will tell her to contact a lawyer when she is back to USA next month.

Thank you for the information

not in toal, but now, because we don't know if she qualifies for continous presence to apply for citizenship, she should definitly return as soon as possible.

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not in toal, but now, because we don't know if she qualifies for continous presence to apply for citizenship, she should definitly return as soon as possible.

I see.

Thank you Aleful, very useful info.

I think that the best thing would be her check into the immigration offce in the USA if she qualifies, right?

Once again, thank you!


Timeline

04/11/07 - I-130 App Sent

10/22/09 - NVC Case # Assigned

xx/xx/xx - Trying to find out...

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I see.

Thank you Aleful, very useful info.

I think that the best thing would be her check into the immigration offce in the USA if she qualifies, right?

Once again, thank you!

Nope

If you want legal advice ask a Lawyer.

She has complicating factors.


“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.”

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What would be the steps as soon as I receive my green card?

- Get married in Brazil, move alone to the USA and apply for a I-130 for my wife and daughter?

- Move to the USA alone, get a tourism visa for her and my daughter and fill a I-130 for them while they stay there with me?

- Stay in Brazil, get married, fill a I-130 for my wife and daughter and wait here? (can we stay here?)

I don't know if anything mentioned above is possible/legal.

Thanks in advance.

Apart from problems of your mother getting citizenship, did you check how long will take you to get green card ?

Then, once you get it and move, if you petition for you wife, it will take her 2.5-3 years to get GC. They will not be able to stay with you as they have to maintain legal presence for the whole time (again - 2.5-3 years) to be able to adjust the status which is impossible on tourist visa (and immigration intent on tourist visa is a fraud).

You can't stay in Brazil, maintain your GC and file for you wife - you need to be in US.

Also - read about affidavit of support requirements. This will be required when your mom files for you and when you file for your wife - requires income / assets to make sure beneficiaries do not become a public charge.

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When you get your green card you must come to live in the USA WITHOUT YOUR WIFE AND DAUGHTER, and you can apply for them, it will take 5 years to have their immigrant visas available. They won't be able to visit you in the USA, because they will be considered potential immigrants, once they will have an immigrant petition pending and the the Law says all potential immigrant must be ban to enter in the USA as a tourist.Good luck.

Edited by sandranj

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