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Calebpinter

avoid returning to home country if I-130 already approved?

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Hello,

My wife and I got married in March of this year and in May we moved to the US. My wife is a Bolivian citizen but already had a US tourist visa and our plan was that she would come to the US with me for a few months while until her I-130 is approved and then she would go back to Bolivia to finish off the CR-1 process. A little over 3 months ago my wife got pregnant and now there is concern that she would not get her green card until the end of December and it may not be good for her to travel after that. We just got I-130 approval notice on Friday but I'm wondering if we can avoid having her go back to Bolivia at this point due to the change in circumstances? We have been using an online service to run our documents and when explaining the situation to them they told us that she needs to go back to Bolivia if at all possible because if not it could be considered visa fraud and she could be banned for life. We have also talked with an immigration lawyer and he said that since she entered the US legally on a visa she should not have to go back to Bolivia just to have an interview at the embassy. I'm inclined to believe the lawyer since it is his job to know the laws but given the harsh response from the online visa service I was wondering if anyone here has had a similar experience and provide some insights?

Thanks,
Caleb

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Why not just adjust in country?


“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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She entered legally so you can adjust her status. Check out the guides section for a spouse already in the US. The online document place is, unsurprisingly, full of it.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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She can legally adjust in the US.

Review Guides, then ask specific Qs. Don't need a lawyer, but if already tied up with one and too late to spin off, have them file to AOS.

Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.


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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Follow this guide:

http://www.visajourney.com/content/i130guide2

However, instead of the I-130 package, include a copy of the approval notice for the I-130.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Thanks for all of your responses. I guess the big questions I have is that if I do prepare this package with the I-485, do I need to do anything about the package that is already on its way from USCIS to NVC? Or do I just never choose an agent and let it die there? Also, in those guides that were sent to me, at the top it says that if your spouse entered on a tourist visa with the intent of immigration and marriage, then he/she should return to her home country to file the I-130. I just want to make sure that this wouldn't apply to my wife? She did enter on a tourist visa, although she entered shortly after filing the I-130. Since that is the case, I assume that going the I-485 route wouldn't cause any problems? Her visa expires the end of November, so would that cause any complications? or how do we avoid her visa expiring while we are waiting for her I-485 to be processed?

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Did she enter with the intent to immigrate on that trip?

Don't do anything with NVC and once you file the I-485 they will pull your file from NVC and match it up with your I-485.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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