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albertoavena

Applying for a spouse visa within the US?

By albertoavena in IR-1 / CR-1 Spouse Visa Process & Procedures

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albertoavena Apprentice

albertoavena   0

Posted
Filed: Country: Japan
 Timeline
Posted

As the title suggests, is it possible to apply for a spouse visa within the US?

 

A little about us:

 

I am an American citizen, my wife is Japanese and we are currently living in Japan. We applied for a visa a few years ago and paid the first fee while in the US on vacation. (I actually posted a question about this awhile back)

To make the long story short, we got cold feet realizing we didn't have enough money, a job or a place to live besides my parents home for a while and decided to postpone the move until later. We finally have decided to move within the next few years but, is it possible to go through the visa process within the US say as a tourist in case for my wife? Or is it just too risky? It would be kind of a last resort but we want to use our time wisely and going through the whole process again in Japan would be a bit tiring. (Although if there is no other choice, that's what will do) Another point is that while in the US I do want to find a job and home as soon as possible as applying from overseas even is a US citizen is a daunting task, or so I've heard.

 

Any input would be appreciative and thank you.

A'n'L Proficient

A'n'L   735

Posted
Filed: AOS (apr) Country: Norway
 Timeline
Posted

It's strictly illegal to enter the US on a tourist visa with the intent to stay. Your wife needs to obtain a spousal immigrant visa before she can move permanently to the US.

If it isn't difficult, it isn't worth it.

 

K1 process

9/24/15: I129f sent

9/30/15: NOA1

11/2/15: NOA2

Delayed processing due to work

3/15/16: Medical

4/28/16: Interview (approved)

Delayed entry due to work

8/12/16: POE Detroit

 

9/4/16: Wedding!

 

AOS process:

9/9/16: I485/I131/I765 sent

9/14/16: Received 3xNOAs by text/e-mail (day 2)

9/14-18/16: Received 3xpaper NOAs 

9/23/16: Received biometrics appointment letter (day 11)

10/3/16: Biometrics appointment (day 19)

11/4/16: EAD+AP approved (day 53)

11/16/16: EAD status changed to card shipped (day 65)

11/17/16: EAD/AP combo card received (day 66)

12/30/16: Notice of interview scheduled (day 109)

2/1/17: AOS interview (day 142) - APPROVED

2/8/17: GC received (day 150)

 

ROC process:

11/3/2018: ROC window opens

MrChamploo Enthusiast

MrChamploo   45

Posted
Filed: IR-1/CR-1 Visa Country: Netherlands
 Timeline
Posted

Do not submit the visa from within the US.

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.

 

Preparing I-751 (ROC)

11/26/18 - I-751 Prepared and mailed out.

11/27/18 - UPS Confirmed Delivery at 10:30AM

12/3/18 - Checks cashed and got Email/Text With Receipt #

01/3/19 - Extension letter received.

fcl Explorer

fcl   42

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
Posted

I know a lot of people that entered on a tourist visa with intent to AOS, i've never heard of anyone (locally) being refused because of this. But it is totally considered fraud, and i would advise you, not to go for that route, do it the right way CR1 visa.

Transborderwife Veteran

Transborderwife   4,666

Posted
Filed: Other Country: Canada
 Timeline
Posted
1 minute ago, fcl said:

I know a lot of people that entered on a tourist visa with intent to AOS, i've never heard of anyone (locally) being refused because of this. But it is totally considered fraud, and i would advise you, not to go for that route, do it the right way CR1 visa.

Because they can't refuse on this basis.

 
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