Help Please--I-130 or concurrent I-130/I-485

[Pomen 0]

Hi all,

I'm an American scientist based in Texas. My husband is a dual national (UK-Egyptian). We were married four years ago in the US. He entered the US then on his British passport as a tourist. We left for Egypt immediately thereafter and travel often between both the US and Egypt. For two years, I've been living in Texas and we'd like to now move forward with applying for permanent residence/green card for him. I'm a little confused on how best to move forward given that he travels frequently between both countries (his work is in Egypt) to visit me.

If we apply concurrently for the I-130/I-485 once he is in the US, is he obliged to stay in the US until the process is complete or could he continue to travel?

Would applying for I-130 first be best?

Very grateful for your thoughts and any idea about how long the process might take.

Cheers, Anna

[aleful 1,905]

hi

the i130 IR visa and he would have his interview in his country, and since he can travel, he can come and visit as long as he doesn't overstay

[Pomen 0]

Thank you! This is really helpful. One follow up to that--is it faster to do the interview in the US? If so, and if it wasn't forbidden to leave the country, we'd prefer that route

[aleful 1,905]

hi

entering the country with a visa with the intent to adjust status is considered immigration fraud

[Pomen 0]

I didn't know that. Even if he, as a British citizen, doesn't need a visa to enter the country? (visa waiver program)

[Sukie 1,477]

He can come visit on his UK passport using the Visa Waiver Program.

He essentially lives in Egypt, right? So...normally, you would file the I-130, get that approved, and then move into the IR-1 visa stream. Quite frankly, given the current agita regarding the Middle East, it would be EASIER if he interviewed in the UK, but if he really lives in Egypt, he'd probably go through the Egyptian Embassy/Consulate.

Expect a year for the total process, unfortunately - and maybe even longer because it's Egypt. Again, the VWP (UK passport) will allow him to visit, as long as they don't have a fit about his coming too often for too long.

Sukie in NY

[Lainie B 465]

Entering the US on a tourist visa or VWP with the intent to stay and adjust status is fraud. It would require him to lie to CBP about the purpose of his trip when he entered the US, which he must not do.

His only option is the I-130 and then IR-1 visa application in his country of residence. He can come visit while waiting. There is a chance he will be turned away for immigration intent.

[Pomen 0]

Thank you Lainie and Sukie--I appreciate it. I think then it probably makes sense to do the I-130 then IR-1 as you note. I would hope once started, he wouldn't be turned away for immigration intent while waiting. He's always been very honest when he visits and tells immigration/passport control that he's coming to visit his wife. He also travels with a letter from his employer confirming employment and return as a precaution. Once the I-130 process is underway, I would expect him to continue the same path telling immigration on entry if need be, that we've filed the paperwork and such. Fingers crossed than no bureaucratic bs happens once we start.

What I'm curious about if the following helps us out--that we've been married for four years, good financial situation and my job at a fairly prestigious research institute.

[Sukie 1,477]

Thank you Lainie and Sukie--I appreciate it. I think then it probably makes sense to do the I-130 then IR-1 as you note. I would hope once started, he wouldn't be turned away for immigration intent while waiting. He's always been very honest when he visits and tells immigration/passport control that he's coming to visit his wife. He also travels with a letter from his employer confirming employment and return as a precaution. Once the I-130 process is underway, I would expect him to continue the same path telling immigration on entry if need be, that we've filed the paperwork and such. Fingers crossed than no bureaucratic bs happens once we start.

What I'm curious about if the following helps us out--that we've been married for four years, good financial situation and my job at a fairly prestigious research institute.

Yes - for your last paragraph. All of the above will help. Be sure you have lots of co-mingled financial assets.

When your spouse comes to the US - the very best line he can use is: Yes, I'm coming to visit my wife. Yes, we are in the process of applying for my Green Card - and Yes, we don't want to jeopardize ANYTHING - so I'm returning to Egypt to wait until the Green Card comes through. The letter from the employer, and your eventual I-797s (NOA1 and 2) may also be crucial.

He can also say that you live in two places because you wanted to be sure you re-established your residency before applying.

You do not mention children - and perhaps that is a non-issue. But children can also help!

Recent violence with Middle East origins does not help in any way. It's going to take time - just as long as you know that. You have a bona fide relationship - and it will see you through.

Best of luck.

Sukie in NY

[mallafri76 1,012]

What I'm curious about if the following helps us out--that we've been married for four years, good financial situation and my job at a fairly prestigious research institute.

It doesn't speed up the process in any way and US immigrations don't care how much money you have in the bank, what your credit score is or where you work, as long as you can meet the requirements of the i-864 and you're in a bona fida relationship and can show proof/evidence of this. That's what matters.

Being married for four years obviously means you get the IR-1 visa, so you don't have to do ROC. The fact that you've been travelling back and forth to see each other so often is great bona fida proof, so send copies of both of your passports showing the entry stamps for your visits.

Good luck on your visa journey.

[Pomen 0]

Thanks! Just out of curiousity, what's an ROC?

[Ryan H 3,834]

Thanks! Just out of curiousity, what's an ROC?

Removing Conditions on Residency

[Pomen 0]

Ah, government speak Thanks for this!

[NikLR 13,232]

When your husband visits he doesn't have to go into a bunch of detail unless they ask. The CBP can only find out about the I-130 and the rest of the visa process by digging quite a bit. They honestly have NO idea when you enter that you're going through the process of obtaining a visa at face value. If asked, as always, tell the truth, but don't develop verbal diarrhea and just babble everything when they don't care.

[Pomen 0]

This is reassuring to know; Thanks very much!