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Dean_De

Obtaining Visa for a Spouse of US Citizen

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Hi,

I have a question if anybody can give me enlightenment here. This is not for me but for a friend.

So, my friend had been married to his wife for 6 years now but had never filed for a spouse visa since his wife wasn't ready yet ( family reason - she can not bring her child from previous marriage to the US since the father doesn't allow him to live permanently in the US. now that her child is of legal age, she is now decided to move in the US). As far as I understand she visits my friend here through the Visa Waiver Program.

Question: What is the best possible way for her to live legally and permanently here in the US. Do they need to still apply an I-130 for her and she has to be in France for that? Of can they just apply a visa or green card while she is here in the US?

Thank you!

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File a i130 petition for the wife, she will go through consular processing. It will take around a year.

Coming to the us with a tourist visa, vwp/esta with the intention to stay and ajust status is immigration fraud. She will still be able to visit.

I'm not sure about her child, but I believe he/she can be petitioned by the usc, also filing i130, if the marriage took place before the child's 18 birthday.


07/09/2018: ROC packet sent with USPS 2-day priority shipping

07/11/2018: ROC packet delivered to the Vermont Service Center

07/16/2018: NOA1 received by mail with 18 months extension (notice date 7/12 and check cashed)

08/07/2018: Biometrics appointment letter received by mail (notice date 7/27)

08/13/2018: Biometrics appointment at east Hartford, ct

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How old is the 'child'?


“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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And are the alien and child currently in the US?


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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How old is the 'child'?

20 or over 20 I think

And are the alien and child currently in the US?

They come back and forth the US within the allowed time for them to stay in the US ( Well atleast the Mom, the son Visits only for summer only for about a month each year

Edited by Dean_De

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File a i130 petition for the wife, she will go through consular processing. It will take around a year.

Coming to the us with a tourist visa, vwp/esta with the intention to stay and ajust status is immigration fraud. She will still be able to visit.

I'm not sure about her child, but I believe he/she can be petitioned by the usc, also filing i130, if the marriage took place before the child's 18 birthday.

Well, for sure this is not the case. Her wife had been coming back and forth the US for about 6 years or so now. what they are trying to see is if there's a way for them to just file I-130 while here and file for adjustment of status too without going back to her country.

I know I have a friend who was here opn a different visa ( work Visa ) who married a USC and it didn't look like she went home when they filed for her permanent residency. Still waiting for her response but I would like to get some information here too.

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That's not an answer to the question "are they in the US right now".


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Well, for sure this is not the case. Her wife had been coming back and forth the US for about 6 years or so now. what they are trying to see is if there's a way for them to just file I-130 while here and file for adjustment of status too without going back to her country.

I know I have a friend who was here opn a different visa ( work Visa ) who married a USC and it didn't look like she went home when they filed for her permanent residency. Still waiting for her response but I would like to get some information here too.

That's a different situation. As stated, she can't come with a non immigrant visa with the intention to stay and adjust status. It's fraud. She can still visit.


07/09/2018: ROC packet sent with USPS 2-day priority shipping

07/11/2018: ROC packet delivered to the Vermont Service Center

07/16/2018: NOA1 received by mail with 18 months extension (notice date 7/12 and check cashed)

08/07/2018: Biometrics appointment letter received by mail (notice date 7/27)

08/13/2018: Biometrics appointment at east Hartford, ct

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I know I have a friend who was here opn a different visa ( work Visa ) who married a USC and it didn't look like she went home when they filed for her permanent residency. Still waiting for her response but I would like to get some information here too.

Totally different scenario. The "friend" came into the country with the intention to work. Nothing else. During his work he met someone and married and adjusted. That could not be foreseen when he arrived as he hadn't even met the person yet. He did not arrive with the intention of living with his wife.

Coming as a tourist with the intention of staying is fraud.


 

 

 

 

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Totally different scenario. The "friend" came into the country with the intention to work. Nothing else. During his work he met someone and married and adjusted

. That could not be foreseen when he arrived as he hadn't even met the person yet. He did not arrive with the intention of living with his wife.

Concurrent Filing

Concurrent filing is when an immigrant petition and the adjustment application (application for a green card, Form I-485, Application to Register Permanent Residence or Adjust Status) are filed at the same time and mailed together with all the required filing fees and supporting documentation to the same filing location.

Who can file concurrently?

Concurrent filing is allowed in the following instances:

Immediate relatives of U.S. citizens living in the United States

https://www.uscis.gov/green-card/green-card-processes-and-procedures/concurrent-filing

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Immediate relatives of U.S. citizens LIVING in the United States.

If the person lives here currently, that could be done. But the wife is not living here. If she enters the us with her tourist visa or vwp/esta with the intention to stay and adjust it is fraud.

Edited by p-ana

07/09/2018: ROC packet sent with USPS 2-day priority shipping

07/11/2018: ROC packet delivered to the Vermont Service Center

07/16/2018: NOA1 received by mail with 18 months extension (notice date 7/12 and check cashed)

08/07/2018: Biometrics appointment letter received by mail (notice date 7/27)

08/13/2018: Biometrics appointment at east Hartford, ct

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I also found this info from Nolo

How the Immigrant's Mode of Entry Affects Eligibility to Adjust Status

If the immigrant entered the U.S. with permission, such as with a visa (and with the intent to stay temporarily, not to misuse the visa by applying for a green card), he or she entered the country legally. Thats true even if the person stayed beyond the visa expiration date. The road to a green card should be reasonably smooth; the immigrant should (if he or she wants to) be able to stay in the U.S. for the entire application process, which will likely take about a year. The usual ways people enter legally are:

with a visa (a tourist, student, or temporary worker visa, for example)

with a border crossing card (a special pass allowing regular entries)

under the Visa Waiver Program (where citizens of certain countries are allowed to enter the U.S. as tourists by showing their passport, without first obtaining an entry visa).

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~~~Closed for review~~~

***Proper answers have been given as it relates to the given situation. Thread closed to additional discussion under the below quoted provision of the TOS. Do not restart this thread.***

By way of example, and not as a limitation, you agree that when using the Service, you will not:
  • Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

Edited by Ryan H

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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