Best route to take?

[bixbeats 0]

Hey all. My wife and I have been married for over 2 years and live in Turkey. We also have a 5-week old baby. The baby and I are both US citizens and my wife is a Turkish citizen. After five years of living here in Turkey, we are ready to go back to the US to raise our daughter and be close to my family there. My wife has 8 years left on her American travelers visa and has been back and forth from Turkey to America twice in the last two years. My question: Should we start the paper work for her permanent residency here in Turkey, or can we just go to the states and begin the process there? All replies are greatly appreciated.

[Pitaya 2,577]

Welcome to the forum.

Here is a chart of your various immigration options: http://www.visajourney.com/content/compare

I would suggest that you look at the Direct Consular Filing (DCF) spouse visa route, and see if it is available at any of the US embassy/consulates in Turkey.

Good luck on your immigration journey.

[bixbeats 0]

Thank you for the reply.

[EdenG 3]

I'm in the same boat. But from what I understand, it is illegal to bring your spouse into the United States withought a visa after you marry them abroad. You need to file from abroad in this case. However, I've also come to understand that filing from abroad is sometimes expedited by USCIS. Just make sure you file with your foreign address.

[bixbeats 0]

Thanks for the response. I've brought my wife to the states twice already, because she is the holder of a ten-year visitors visa, so there are no problems with legality there. I just wonder what the most hassle free, expeditious way to get her permanent residency is- from here, or in the US??

[Ryan H 3,916]

My question: Should we start the paper work for her permanent residency here in Turkey, or can we just go to the states and begin the process there? All replies are greatly appreciated.

Your only option is to begin the process while you are abroad, there is no "just going to the states and beginning the process there." A tourist visa is not for immigrating and using a tourist visa with preconceived intent to immigrate is fraudulent use of a visa.

Petitions file from abroad appear to be moving quickly through USCIS again. You will have the issue of domicile when it comes time to file the I-864; you will need to show that you are in the process of reestablishing a US domicile. However, this does not come until after the I-130 has been approved.

I would suggest that you look at the Direct Consular Filing (DCF) spouse visa route, and see if it is available at any of the US embassy/consulates in Turkey.

There is no USCIS field office in Turkey so DCF is not an available option.

[christeen 966]

Cannot use a tourist visa with the intent to immigrate... File the I130 to begin the IR1 process. Adjust your plans accordingly, make arrangements to prove domicile intent... That is your options legally at this point...

[bixbeats 0]

Cannot use a tourist visa with the intent to immigrate... File the I130 to begin the IR1 process. Adjust your plans accordingly, make arrangements to prove domicile intent... That is your options legally at this point...

Thanks for the reply, christeen. I guess its confusing because I hear different things from different people, for example, A friend of mines' brother just returned to the US recently with his Turkish wife (he's a US citizen), and he said she has a 6-month tourist visa and they will have no problem just getting her permanent residency from there. In contrast, what I read online says your not supposed to do that. Naturally, the intimidating nature of the jargon pertaining to different forms, applications, qualifications, requirements and procedures doesn't make becoming educated about the process any easier. I just want to do it by the book, but am still in the beginning stages of wrapping my head around how it all works. Don't want to make a situation that is already complicated and stressful any more than it has to be by making a mistake. I want to know exactly what I have to do before I do it. That is why I joined this forum, so I can hear real-life stories and get advice from people who have been in my situation. With that said, any information I receive from members of this community is greatly appreciated.

[bixbeats 0]

I forgot to ask you christeen. you mention i should "adjust my plans accordingly." We plan to move back to the US a year from now. Is that enough time to apply for and receive the documentation that we need?

[Pitaya 2,577]

There is no USCIS field office in Turkey so DCF is not an available option.

Thanks for clearing up some confusion. The VJ Guide for the Ankara embassy appears to be incorrect:

Consulate offers Direct Consular Filing? Yes

[christeen 966]

Yes, it is confusing... Many people do exactly what the Turkish couple referenced did... For many, they do not ever get called on it, but technically, it is considered fraud... Especially when entering the USA, you have to swear that you will abide by the terms of the visa and not use it to immigrate, so entering with that intent can carry a lifetime ban if caught... Even though 99% of people never are...

As far as your timeframe... Currently it is taking 12-15 months... So you might need a bit more time then just one year... Hopefully it all works out.. Good luck..