Filing an I-130 - no domicile or residence

[yairzick 0]

So, my wife and kids won't even be able to come to the US on a tourist visa/any other visa? This is completely ridiculous! I have talked to my employer, and they hope that things will go through smoothly, if not, I may actually need to give up the position. If there are children involved, doesn't it make things faster? One could argue that this is breaking the family nucleus, child benefit etc.

[yairzick 0]

Oh, one more thing, what documents do I need to attach to the I-130? Apart from the standard ones (copies of marriage cert, birth certs, passport photos, my social security card), what documents would show that I intend to move to the US? What will suffice? I'm guessing that a letter from my prospective employer, what else? Does it need to be in the original petition with the I-130, or will USICS request these documents at a later point in time?

On another note, is there another, less time-consuming way of getting a lower-grade visa for my family? Say, a non-immigrant visa that will later be converted to an immigrant visa? From what I've read, it seems that the answer is an emphatic no.

On a final note, it is completely ridiculous that getting your family to the US is HARDER for US citizens than for non-US citizens. If I were to renounce my citizenship tomorrow and apply for a work visa, the whole process would have been done in a few months, no hassles. Oh, and I would be exempt from paying my taxes. Although I'm guessing that if I do that, my chances of getting a US visa ever again are slim.

[lost_at_sea 995]

So, my wife and kids won't even be able to come to the US on a tourist visa/any other visa? This is completely ridiculous! I have talked to my employer, and they hope that things will go through smoothly, if not, I may actually need to give up the position. If there are children involved, doesn't it make things faster? One could argue that this is breaking the family nucleus, child benefit etc.

They can VISIT as tourists, but not move until you have their visas.

Having kids adds no special consideration.

Welcome to the American immigration system. I'm sorry.

Edited December 19, 2013 by lost_at_sea

[yairzick 0]

But, will they be allowed to get tourist visas with a current immigration case pending? This is a guess of course, but what is the general rule? I mean, I really don't care what visa they're under in the US, so long as we're together.

[lost_at_sea 995]

But, will they be allowed to get tourist visas with a current immigration case pending? This is a guess of course, but what is the general rule? I mean, I really don't care what visa they're under in the US, so long as we're together.

If they don't already have tourist visas and need to apply for them, having "immigrant intent" in the form of a pending I-130 can make it extremely difficult.

[yairzick 0]

By the way, thank you all so much for all of this really useful information. I tried to find an attorney in Singapore that specializes in US immigration, no luck.

[yairzick 0]

Singapore is on the visa waiver program, so they do not need to apply for a visa. Will they be stopped at the airport?

[lost_at_sea 995]

Singapore is on the visa waiver program, so they do not need to apply for a visa. Will they be stopped at the airport?

Ah, no. VWP folks don't get too much hassle. When they visit, they should travel with documentation that shows they'll be going back again, ties to home etc. just in case they get some stick from immigration.

[yairzick 0]

Ah, no. VWP folks don't get too much hassle. When they visit, they should travel with documentation that shows they'll be going back again, ties to home etc. just in case they get some stick from immigration.

But, this means that they'll need to leave the US and come back, right? Can they go to Canada or something? We'll be in Pittsburgh, so it's not too far.

[lost_at_sea 995]

But, this means that they'll need to leave the US and come back, right? Can they go to Canada or something? We'll be in Pittsburgh, so it's not too far.

Leave proper. Going to Canada/Mexico doesn't count to reset their stay count (that's a loophole the US closed a whole back).

[yairzick 0]

Leave proper. Going to Canada/Mexico doesn't count to reset their stay count (that's a loophole the US closed a whole back).

So, if I want them to be with me for the time that the visa is processed, they'll need to fly from Singapore and back. Wow.

[lost_at_sea 995]

So, if I want them to be with me for the time that the visa is processed, they'll need to fly from Singapore and back. Wow.

Yup (or another country).

Edited December 19, 2013 by lost_at_sea

[yairzick 0]

Yup (or another country).

This might be arranged. Being a postdoc I'm sort of expected to do research visits, so it could work out. So, here's what I plan on doing

1. File an I-130 for my wife and kids, need to attach intent of staying in the US documents. What kind of documents would be relevant, anyone knows?

2. Wait for reply, NOT apply for a K-3/K-4 visas.

3. Travel to the US by myself. I think that I will not go in April 28th, but rather a month later, May 28th (my hosts are ok with that).

4. When I'm there, I'll wait for a bit (a month or two) and see where things stand. If I see that there's no way that this will work out soon, then I'll go on a research visit to some other country (maybe the UK, I have some friends/collaborators there that would agree to fund me). My family can join me there. Or, maybe I'll just go to Singapore on a research visit if that is possible.

I understand that there is an issue with this, since my wife will need to be in Singapore for the visa interview. Do you know if she MUST have the interview in Singapore? Can she do it in another country? If not, then she'll need to be physically present in Singapore anyway. If I understand correctly,

If my employer allows it, is it ok for me to stay in Singapore for a month or two? Will they give me trouble for going back to stay with my family while the case is in progress (I will maintain my employment and my address).

Oh, mirimilo mentioned the selective service thing. I'm not applying for a job with the TSA, how is this relevant?

[yairzick 0]

Yeah, we're now thinking that this whole process is not worth it. I'll do my postdoc and they will visit occasionally on a tourist visa, and I will visit them. It's ridiculous, I'm like a tourist in a country that I'm a citizen of.