Three countries involved, it's getting confusing

[BackWhereIBelong 2]

There are three countries involved in our current situation - Singapore, Japan, and the US.

I am an American citizen living in Singapore for 12 years.

I am married to a Japanese citizen, who has been living in Singapore 9 years.

We got married in the USA 8 years ago.

I am moving back to the USA from Singapore permanently in a 5 weeks. My prior job in Singapore ended months ago and a new opportunity in the US came up only last week. This is why I don't have the benefit of being prepared earlier for getting my wife a visa.

So I am rushing to find a place to live, pack and sell off years of belongings, close the apartment and accounts, etc. The company wants me at work in the US by end-July or I risk losing the job.

Ideally my wife will be coming with me.

Singapore does not have a USCIS facility, the only one in Asia is in Bangkok Thailand. To send the documents to Chicago will take time. Even if we were to go to Bangkok and file them there, I was told that only residents of Thailand are eligible for that.

I am confused about the best way forward, and hope I can get help here. Should:

1. I get her an Immigrant Visa from Singapore now (which I assume means a g-325 for and a g-325 for me and and a i-130 for her) by sending to Chicago USCIS?

-or-

2. she come with me to the US in July on the visa waiver program, we file the documents in the US, and then do an AoS?

-or-

3. she go back to Japan and apply there with the same documents?

or, something else?

Thanks very much in advance.

[Penguin_ie 5,997]

1 is the usual option, though she is free to do 3 and go back to japan if she wants.

2 is illegal and visa fraud, do NOT do it. She can visit you on the VWP during the processing of her IR-1 spousal visa, but she cannot use it to live in the USA/ immigrate.

[BackWhereIBelong 2]

Thank you. Some questions for clarification:

1 is the usual option,

Is there enough time for this?

To complete and send the documents to Chicago USCIS, then the time it takes for them to process them, we may be in transit while all this is happening - is that not an issue, and under which status would she enter the US mid-July?

Maybe I don't understand the document submission process well enough.

though she is free to do 3 and go back to japan if she wants.

We would rather not do this and be separated for more than a week or so, if at call if possible.

In Japan she has no job or money and the further she is away from me the more costly and plus we want to be together like a normal family.

2 is illegal and visa fraud, do NOT do it. She can visit you on the VWP during the processing of her IR-1 spousal visa, but she cannot use it to live in the USA/ immigrate.

Got it, thanks.

But can you tell me where the AoS process comes into consideration if not this?

[Penguin_ie 5,997]

There is absolutely not enough time; the spousal visa process takes about a year, though when files from abroad, even to the Chicago lockbox, it may be expedited. But even with expedite, no way will it be done in 5 weeks, that would be super fast even if DCF were available. If you absolutely must move back in 5 weeks, you will be travelling alone.

The AOS process is for two options:

- There are some visas which are "dual intent". ie a work visa which allows AOS for example; the visa itself is not an immigration visa, but it allows immigration.

- When circumstances change WHILE YOU ARE IN THE USA. For example, if your wife came on the VWP to visit you, and then war breaks out in her home country and it would be dangerous for her to go back, or she found out she was pregnant and it is a high risk pregnancy and her home country doesn;t have good medical care, she could adjust status and stay.

[BackWhereIBelong 2]

Thanks again. Apologies for all the questions, I really haven't had adequate time to prepare for all of this and will surely be asking noobie questions as a result.

This seems pretty awful for us, though I gather many on this forum have been through something similar.

There is absolutely not enough time; the spousal visa process takes about a year, though when files from abroad, even to the Chicago lockbox, it may be expedited. But even with expedite, no way will it be done in 5 weeks, that would be super fast even if DCF were available. If you absolutely must move back in 5 weeks, you will be travelling alone.

I do have to be there in 5 weeks.

So you recommend to submit the papers now from here in Singapore, to Chicago.

Once the papers are filed, do you happen to know how soon can she come to visit? Will her visit compromise any of the proceedings?

Do you know how I can get it expedited?

There is something more but will send this first.

[Penguin_ie 5,997]

No worries on the questions, that is what the forum is for. And yes, many couples- almost all- go through the same thing. Some, especially muslim males from certain countries, go through months and even years of AP (extra security checks) after the interview, which is very unlikely to happen to you, so has difficult it is to accept, you are one of the lucky ones.

It may get auto expedited when you file from abroad (ie foreign stamp on envelope etc). This is not an official policy, but we have seen a lot of it here on VJ. So yes, file as soon as possible. Other than this auto-expedite, the expedite criteria are very strict, and difficult to get approved unless you are military- usually it would be for health reasons. Missing eachother/ not wanting to be apart/ having kids together isn't enough.

She can visit you right away, she can even travel with you when you move, but she cannot stay/ work/ adjust status. She should bring evidence to ties to home, because they may suspect her of planning to stay illegally.

[BackWhereIBelong 2]

Phew, that is good news. So she can travel with me regardless of whatever state the processing is in, as long as I've submitted it before travelling (which I will do ASAP).

There is no intention for her to work and now we know not to try and change status while there.

Will have a think about the evidence.

Regarding expedition, I do have what may be a legitimate case for it, but it's private so I don't want to post it here. I see from http://www.visajourney.com/content/i130guide1 that a cover letter can be used to explain this.

As we would be moving while the g-325s and i-130 are being processed, is there anything that ties me to my sending address in Singapore, or does the G-1145 cover that?

I see:

A few weeks after you have sent your petition to the USCIS you will receive a Notice of Action (aka NOA) letter indicating that they have begun processing your I-130 application. You can check the status of your application as well as other processing time information here.

and:

When your I-130 petition is finally approved, the service center that processed your petition, will send you another Notice of Action letter....

and:

A few weeks after you have received your last Notice of Action indicating the approval and forwarding of your I-130 application to the NVC, the NVC will send your relative a packet of forms that you and your relative must fill out before your relative can be given an interview date with a consulate abroad.

It is a lot of stuff being sent around. I don't know my address in the US yet as I don't have a place yet (but may be able to use my company address). Would these be sent to my original Singapore, my wife's address in Japan, or my address in the US?

[NikLR 13,232]

Everything about NVC is now done online minus the mailing you do to them. Even the NOA1 ans NOA2 can come in just email form from the USCIS, but they do send a paper version. Once in the USA you can change your address with them so that mail is most likely to reach you.

Try this ez guide. http://www.visajourney.com/wiki/index.php/EZGuideSpouse

Youve been filing your US taxes while abroad right?

[NikLR 13,232]

NOA2 can come in as little as a month but as much as 8 months. 4-6 is average. During this time you'll have no idea whats going on and it's best to use this time to prepare for the NVC and trying not to worry about things you cant control.

[BackWhereIBelong 2]

Just an update, there has been a lot happening in the background, and am posting this to see the reactions to it.

An immigration lawyer recommended cutting Singapore out of the equation at the expense of not starting sooner. Having 3 countries involved means more red tape and time, and probably more risk.

By leaving here and her address changing to Japan, and the embassy there being quite good, there are less moving parts.

He also said ok, recommended even, for the wife to go with me on the move back, as a tourist, and to submit the i-130 and other docs once in the US, using her Japan address as her home address (as it will be effective by that time), with the caveat that the visit is strictly tourism with no intent of changing status, etc. and for us, for time together starting a family (fact).

A few weeks still remain before all this happens and this approach is not decided yet.

To answer NLR's question, yes I file taxes, and thanks for the warning about NVC.

http://www.visajourney.com/wiki/index.php/EZGuideSpouse is excellent, makes me wonder if I need a lawyer - not cheap.

Some benefits of having an Immigration lawyer in Japan: translation of documents from Japanese to English (doctor's reports, wedding registry, Japan Police Report/CoC, birth cert, probably others); English and Japanese pre-trip briefings for the wife on how to handle Immigration interview questions when traveling back to the US on VWP, such as 'this is not a visa-related trip', etc. (which is 100% true but she could get nervous and throw the interview).

I have a few days to decide this.

[Penguin_ie 5,997]

I am unclear what you mean by

"He also said ok, recommended even, for the wife to go with me on the move back, as a tourist, and to submit the i-130 and other docs once in the US, using her Japan address as her home address (as it will be effective by that time),"

If you mean your wife will be visiting on the VWP, and you file while in the USA, and then she goes back to Japan then yes, that is absolutely fine. If you mean the lawyer said to use the Visa Waiver to move to the USA, Adjust Status while there and never leave then no, the lawyer lied to you, that is NOT ok- you would be lying by saying she is a tourist, and it is visa fraud to use the VWP ti immigrate.

Edited June 24, 2016 by Penguin_ie

[Unlockable 7,316]

"He also said ok, recommended even, for the wife to go with me on the move back, as a tourist, and to submit the i-130 and other docs once in the US, using her Japan address as her home address (as it will be effective by that time), with the caveat that the visit is strictly tourism with no intent of changing status, etc. and for us, for time together starting a family (fact)."

The mere fact that you are planning this and know what you are going to do once she gets here means you have immigrant intent which is illegal. Sounds like the lawyer is trying to play the system.

[JFH 12,191]

No need to cut out Singapore if you don't want to. Since your wife has lived in Singapore for some time she will need police clearance cerificate from there also. Singapore is involved and can't be un-involved in this process. It will not be any easier or harder if your wife is in Japan or Singapore so no need to uproot unless there are other factors (job, etc). It's enough stress for her to move to the USA. No need to add an extra move.

I don't know why the lawyer said there will be more red tape and time. Many international couples have three or more countries involved. We do too. Husband is US citizen. I am dual nationality UK and German. Lived in Germany till I was 25. So need documents from Germany and the U.K. But not a problem and doesn't add time to it if you plan well.

Edited June 24, 2016 by JFH

[BackWhereIBelong 2]

Thanks again for your help.

I covered this with "with the caveat that the visit is strictly tourism with no intent of changing status, etc. and for us, for time together starting a family (fact)."

If you mean the lawyer said to use the Visa Waiver to move to the USA, Adjust Status while there and never leave then no, the lawyer lied to you, that is NOT ok- you would be lying by saying she is a tourist, and it is visa fraud to use the VWP ti immigrate.

Your first premise was correct.

BTW I have another related question but might start another thread on it.

[BackWhereIBelong 2]

Thanks for your help.

Definitely want to - the embassy here is unhelpful (immigration, not the rest of the embassy who are good) and I have firsthand confirmation of this as well as from a close friend who had considerable trouble with the same person; the lawyer is aware of this as well.

Thing is we are both leaving in a few weeks. The less SG is involved, the better, and hopefully only the police report. This is coming from me based on experience and conversations I have had around it, the Japan-based lawyer only corroborated this.

No need to cut out Singapore if you don't want to. Since your wife has lived in Singapore for some time she will need police clearance cerificate from there also. Singapore is involved and can't be un-involved in this process. It will not be any easier or harder if your wife is in Japan or Singapore so no need to uproot unless there are other factors (job, etc). It's enough stress for her to move to the USA. No need to add an extra move.

I don't know why the lawyer said there will be more red tape and time. Many international couples have three or more countries involved. We do too. Husband is US citizen. I am dual nationality UK and German. Lived in Germany till I was 25. So need documents from Germany and the U.K. But not a problem and doesn't add time to it if you plan well.

Unfortunately the doing the police report externally from SG rather than internally does have more steps, cost, and time. Nothing we can do about it as they are adamant that we cant' request it, not even the fingerprinting, until after the i-130 process is started and we get an email stating the wife's name from NVC.

Edited June 25, 2016 by BackWhereIBelong