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Ninjaboi

Best process to bring wife (in Singapore, has B-2) to States (I am USC)

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Hi all

 

I recently just married my wife after being together for 5.5 years long distance as a couple and am looking into the best option for how to bring her over as a permanent resident. 

 

Me: US Citizen by birth, have lived in the States for the majority of my life, currently working in New York City

 

Her: Filipina citizen currently working in Singapore as an OFW - her current project lasts until June but she is a regular (non-contract) employee at her firm. Has a B-2 Tourist visa she got in 2013 (has visited States 3 times since then) that lasts till 2023. 

 

We got married in Singapore this past December. 

 

We were looking into options for how to bring her over here and came across two options.

 

1) File an I-130 for her and then once that is approved she stays in Singapore while the State department processes her visa. As I understand it, once the I-130 is approved she will no longer have her B-2 Tourist visa, and this total process may last for upwards of a year (from I-130 to receiving her visa) 

 

2) Have her come to the States under her B-2 visa and move in with me (after June), and then file a I-130, a I-485 Adjustment of Status to adjust her B-2 Visa, and a I-765 EAD. As I understand it, once the I-765 is approved she will be able to apply for work within 45 - 90 days, and then the I-130 and I-485 concurrently should take about 6 months or so to finalize. If we take this case, what would she tell the immigration people at the airport when she arrives? And should she have a return ticket anyway? 

 

Are the two above correct? Does anyone have any experience in the above that could provide some advice/guidance? 

 

Thanks in advance

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The only legal option is number 1. Number 2 is fraud


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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Just now, Ninjaboi said:

@p-ana Thanks - a lawyer we talked to had suggested that since she had had the B-2 prior to us getting married but it sounded sketch so I wanted to ask around. 

Yes, some lawyers do that. Yes, it's still fraud and they can get in trouble if caught (or more likely, you can get caught at POE). Entering the US on a non-immigrant visa with the intent to stay and file AOS is fraud.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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15 hours ago, Ninjaboi said:

@p-ana Thanks - a lawyer we talked to had suggested that since she had had the B-2 prior to us getting married but it sounded sketch so I wanted to ask around. 

 

You should ask that lawyer what would happen when your wife arrives in the US with suitcases full of belongings and tells the immigration officers that she's going to be living there.

Or the consequences if she isn't honest when questioned.


August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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On 1/6/2017 at 8:01 PM, Ninjaboi said:

 

1) File an I-130 for her and then once that is approved she stays in Singapore while the State department processes her visa. As I understand it, once the I-130 is approved she will no longer have her B-2 Tourist visa, and this total process may last for upwards of a year (from I-130 to receiving her visa) Go with this totally legal option. 

 

2) Have her come to the States under her B-2 visa and move in with me (after June), and then file a I-130, a I-485 Adjustment of Status to adjust her B-2 Visa, and a I-765 EAD. As I understand it, once the I-765 is approved she will be able to apply for work within 45 - 90 days, and then the I-130 and I-485 concurrently should take about 6 months or so to finalize. If we take this case, what would she tell the immigration people at the airport when she arrives? And should she have a return ticket anyway? No no no; this is visa fraud. 

 

 


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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Even though the K3 is still on the books , it is a remnant of when CR1 visas took years for a USC spouse.  They only get processed in about 3 % of the cases and most of the ones filed are closed when they arrive at NVC at the same time of slight behind the I130.


This will not be over quickly. You will not enjoy this.

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On 1/7/2017 at 9:01 AM, Ninjaboi said:

Hi all

 

I recently just married my wife after being together for 5.5 years long distance as a couple and am looking into the best option for how to bring her over as a permanent resident. 

 

Me: US Citizen by birth, have lived in the States for the majority of my life, currently working in New York City

 

Her: Filipina citizen currently working in Singapore as an OFW - her current project lasts until June but she is a regular (non-contract) employee at her firm. Has a B-2 Tourist visa she got in 2013 (has visited States 3 times since then) that lasts till 2023. 

 

We got married in Singapore this past December. 

 

We were looking into options for how to bring her over here and came across two options.

 

1) File an I-130 for her and then once that is approved she stays in Singapore while the State department processes her visa. As I understand it, once the I-130 is approved she will no longer have her B-2 Tourist visa, and this total process may last for upwards of a year (from I-130 to receiving her visa) 

 

2) Have her come to the States under her B-2 visa and move in with me (after June), and then file a I-130, a I-485 Adjustment of Status to adjust her B-2 Visa, and a I-765 EAD. As I understand it, once the I-765 is approved she will be able to apply for work within 45 - 90 days, and then the I-130 and I-485 concurrently should take about 6 months or so to finalize. If we take this case, what would she tell the immigration people at the airport when she arrives? And should she have a return ticket anyway? 

 

Are the two above correct? Does anyone have any experience in the above that could provide some advice/guidance? 

 

Thanks in advance

Hi, I'm in same situation. My wife is in China. I think the best is option #2... From what I researched with option #2, you need to apply I-94 online and it becomes a provisional I-94... Once border officer at the airport checks her in, they will pull up the Provisional I-94 by her passport #.. They should give her an actual i-94 paper... This is a little bit confusing for me.. She must obtain the i-94 form. So i suggest they don't leave the airport without the I-94 form.... *Note, you should apply i-94 online within 7 days of her arrival in US or else you need to re-apply. 

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1 minute ago, William610 said:

Hi, I'm in same situation. My wife is in China. I think the best is option #2... From what I researched with option #2, you need to apply I-94 online and it becomes a provisional I-94... Once border officer at the airport checks her in, they will pull up the Provisional I-94 by her passport #.. They should give her an actual i-94 paper... This is a little bit confusing for me.. She must obtain the i-94 form. So i suggest they don't leave the airport without the I-94 form.... *Note, you should apply i-94 online within 7 days of her arrival in US or else you need to re-apply. 

No. Option #2 is visa fraud as has been stated repeatedly above. Do not do this.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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On 1/9/2017 at 6:16 AM, KierenHby said:

 

Certain countries will not allow you to leave the country without a return flight... (i.e. China)..

So book a roundtrip...  You either don't fly back or you buy an open ticket. 

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Just now, geowrian said:

No. Option #2 is visa fraud as has been stated repeatedly above. Do not do this.

Visa fraud?  Please share resource...

From all the websites I researched, this is not a fraud...
Please take a step back and think about this... Are you saying that if a spouse is in the US already, they have to return to their country and then we can apply for their P.R.?  Are you saying that there is NO option for them to be in US and apply for P.R. while living in US?

 

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2 minutes ago, William610 said:

Visa fraud?  Please share resource...

From all the websites I researched, this is not a fraud...
Please take a step back and think about this... Are you saying that if a spouse is in the US already, they have to return to their country and then we can apply for their P.R.?  Are you saying that there is NO option for them to be in US and apply for P.R. while living in US?

 

I'm saying that if you enter the US on a tourist visa with the intent to immigrate (i.e. stay in the US and file AOS), then you are committing visa fraud. Yes. This is clearly stated.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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On 1/8/2017 at 1:14 AM, MacUK said:

 

You should ask that lawyer what would happen when your wife arrives in the US with suitcases full of belongings and tells the immigration officers that she's going to be living there.

Or the consequences if she isn't honest when questioned.

what if you have a return flight which you may or may not use depending on your visa status?

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