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Hollywud52

Do I need to withdraw the i130 and can he visit me?

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I am a US citizen, married to a Jordanian who lives in Dubai. I live in the US. The i130 was approved and our case is at NVC waiting for one last document so very close to the end of the process. But, his famiy obligations have changed and he will not be able to relocate for at least 2 years until he ensures his siblings have graduated university. This is the custom in Arab cultures for the older sibling to assist with financial tuition expenses for the younger ones. He is used to working in a Gulf country with no income tax and will not be able to use his engineering degree here for years, at least 4 years to become licensed in the US so he is realizing that making enough money to send home a substantial amount each month ($1,300.00 US) may not be possible. He is suggesting maybe we withdraw the petition but remain married and meet in Dubai every few months. He is Jordanian by his father but his mother is Syrian and he was born in Syria and has visited there. He has tried visiting the US before with his Mother and they were both denied. Since we are married, if I withdraw the i130, would he be able to visit me in the US or would I only be able to visit him in Dubai? If he waits as long as possible before providing the last document, then we might be able to almost stall the 2 years he needs to pay off the university. My second question is if I do not withdraw the i130, does he HAVE to leave Dubai within 6 months if he is approved for a US visa? What would happen if he is approved and does not leave? It's complicated trying to find the answers to these questions. 

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You can keep the I-130 alive by contacting the NVC at least once a year. When you're ready to proceed, you can simply continue with the process you have already started.


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

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I second what Hypnos says, you can contact NVC at least once a year and it will keep the petition alive. HOWEVER ... I would wonder if it would stop him visiting.  Currently I can't visit in the US because I have a pending case at NVC, so yes I think it would affect you with regards to him visiting.  Have you tried contacting immigration to ask how this would be affected?  


Got married: 26th Sep 2013 

I-130 Petition Process:

Sent petition to USCIS Chicago lockbox (via in-laws to put check in US$): 11 Mar, 2016

NOA1: 24 Mar, 2016 (email notification 30 Mar. Hardcopy 11 Apr)

Service Centre: NEBRASKA

NOA2: 3rd Aug 2016

Petition sent to NVC: 18th Aug 2016

NVC Stage

Case number assigned: 8th Sep 2016

Paid AOS Fee: 9th Sep 2016

Paid IV Fee: 14th Sep 2016

DS-260 submitted: 25th Jan 2017

AOS & IV Package sent: 25th Jan 2017

Expedite requested: 25th Jan 2017

Expedite approved (consulate only): 1st Feb 2017

Scan Date: 31st Jan 2017

Case Complete: 14th April 2017 (10 weeks 4 days)

Full expedite approved (bypass NVC to send file to embassy), however too late as I already had case complete 17th Apr 2017

Case arrived at Embassy: 21st April 2017

P4 letter received: 26th April 2017 (expedite at embassy stage so this came from the consulate, not NVC)

Medical date: 26th April 2017

Interview date: 4th May 2017 APPROVED!!

Visa received: 8th May 2017 

POE (entered the USA): 15th May 2017 

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If she has a tourist visa you should be alright then.

The pending case CAN be used to stop her from visiting. But if she has a tourist visa it is unlikely.

They can visit there a forum for this.

 

Do keep in mind they can deny her for whatever reason they feel fit,if they feel she won't be going home even with the tourist visa they can give her a hard time. --

 

On topic.

 

I would just keep the case alive at the NVC and wait two years. He can't visit you without a tourist visa but your going to be visiting him anyway

 

 

 

Edited by MrChamploo

Met 6/21/15 Online

Married since February 29th 2016 In the Netherlands (Where she is from)

6/12/16 - Preparing to send packet to USCIS

6/27/16 - Sent Package to Chicago lock-box via UPS

7/5/16 - NOA1 Text/Email / sent to Potomac (Hardcopy 7/10/16)

8/3/16 - NOA 2 I-130 Approved! Case sent to NVC! (Hardcopy 8/6/16)

8/19/16 to 9/4/16 - Visited wife for two weeks in NL. =}

9/1/16 - NVC Case and invoice # received. (Email) Finished DS260 and Paid AOS Fee.

9/8/16 - IV Fee Paid!

9/16/16 - DS260 Finished!

9/27/16 - Sent Documents to NVC.

11/21/16 - Called NVC. Case reviewed and accepted on 11/18. Waiting for email/mail.

11/28/16 - Got Email stating we are now waiting for an interview spot!

12/11/16 - Got the interview date! 1/12/17!

1/12/17 - ...ACCEPTED SHE IS NOW WAITING FOR HER PASSPORT IN THE MAIL! =]

1/18/17 - Passport and visa in her hands! We now wait till 2/24 for her to fly to me! (Has to finish work contract)

2/24/17 - She is now here with me! POE was simple,she only took 10 minutes with them checking her visa! "Welcome to America,missus"

3/15/17 - SSN Card Received.

4/10/17 - Greencard Received.

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Listen dont withdraw anything yet at all.  Uae is on 8 to 9 months for interview after case conplete and then he could go in AP..   Please PM me - i dont want anybodys papers to get messed up.  I think i can help with advise.

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Going to be tricky getting a visitor visa. No harm trying.


“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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On 1/12/2017 at 4:43 AM, Hollywud52 said:

I am a US citizen, married to a Jordanian who lives in Dubai. I live in the US. The i130 was approved and our case is at NVC waiting for one last document so very close to the end of the process. But, his famiy obligations have changed and he will not be able to relocate for at least 2 years until he ensures his siblings have graduated university. This is the custom in Arab cultures for the older sibling to assist with financial tuition expenses for the younger ones. He is used to working in a Gulf country with no income tax and will not be able to use his engineering degree here for years, at least 4 years to become licensed in the US so he is realizing that making enough money to send home a substantial amount each month ($1,300.00 US) may not be possible. He is suggesting maybe we withdraw the petition but remain married and meet in Dubai every few months. He is Jordanian by his father but his mother is Syrian and he was born in Syria and has visited there. He has tried visiting the US before with his Mother and they were both denied. Since we are married, if I withdraw the i130, would he be able to visit me in the US or would I only be able to visit him in Dubai? If he waits as long as possible before providing the last document, then we might be able to almost stall the 2 years he needs to pay off the university. My second question is if I do not withdraw the i130, does he HAVE to leave Dubai within 6 months if he is approved for a US visa? What would happen if he is approved and does not leave? It's complicated trying to find the answers to these questions. 

I work in in a Muslim Culture state.  I was explained to that if he leaves to go to the US, then he is not obligated to support the family and that the next sibling would need to step up and support the family and younger siblings.  Although, he may feel a moral obligation to do so ie: the father is told old to work or does not make enough money for siblings to go to University. 

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The longer he delays matters the longer it will be before his family can move here,


“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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**Hijack post removed; please start your own thread with your own questions.**

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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