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Visa type advice - foreign spouse to US citizen currently in US on Tourist visa

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Hey everyone! So my husband (Chilean, currently here for 180 days on a tourist visa {not visa waiver! actual tourist visa}, approx 150 days left) and I (US citizen, living in Chile for the past 5+ years) have decided we'd much rather just stay here in the US.

 

AOS: We were looking at the adjustment of status for residency, but since this was originally going to just be an extended stay before heading over to Australia, we quit our jobs in Chile and sold basically everything off. The only thing we really have back in Chile are our dogs. So! Given our situation, I think I'd rather avoid the adjustment of status since they might deny it for intention to immigrate or whatever, so I'd rather not chance that.

 

So, given that we're both here in the US, but our domicile is technically still in Chile (no DCF), can we apply for the CR-1 as if he were in Chile, and then he heads back once his tourist visa is over and wait for the interview over in Chile? Or does he have to physically be outside of the US to start the process?

 

Sorry if this is an obvious question, but I just feel overwhelmed with all of the forms and would like to start the process ASAP if possible so that he'd be as short of period as possible waiting in Chile for his interview (if possible). If there are any options that I haven't touched on, I'm open to ideas!

 

Thanks!

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Overstay is forgiven for spouse of US citizen however it appears that the issue you may have is with the affidavit of support as Im guessing at this time you have no income nor have you filed taxes in the last 3 years. Have you reestablished your US residency? 


Pkg Sent:9/13/16


Received at Chicago Lock box: 9/16/16


Received Texts: 9/30/16


NOA1 Received: 10/4/16 : Receipt Date of 9/19/16


Bio Appt letter Received: 10/12/16


Bio Appt completed: 10/24/16


Card in production: 11/17/16


Combo Card received 11/25/16

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10 minutes ago, Chardon Ne' said:

Overstay is forgiven for spouse of US citizen however it appears that the issue you may have is with the affidavit of support as Im guessing at this time you have no income nor have you filed taxes in the last 3 years. Have you reestablished your US residency? 

 

Oh, no problem with the affidavit of support, my parents are more than willing to be the co-sponsor of his visa. We've actually been talking about moving to the US for years, have done a couple of longer visits, but this time it was just like a switch was flipped and we both were like "Whelp, might as well stay now" and my parents are more than able to cover the financial "obligations."

 

I don't really know how to reestablish my US residency... Like.. my bank, credit card and student debt bills have always gone to my parents' house, but I don't have a job here yet or anything. I'm also registered to vote under their address. So, I have *a residence*. We've been playing with the idea of paying rent to my parents since we'll probably be here another 3-6 months before I'm able to get a job and rent an apartment, so would a rental contract and paying rent be sufficient? Googling around doesn't seem to come up with anything :( Sorry if this is silly, I've just never "adulted" in the US, haha.

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22 minutes ago, Chardon Ne' said:

Overstay is forgiven for spouse of US citizen however it appears that the issue you may have is with the affidavit of support as Im guessing at this time you have no income nor have you filed taxes in the last 3 years. Have you reestablished your US residency? 

As for the overstay, do you mean the potential future overstay if he were to wait here until the interview date were set if we applied for the visa as if he were in Chile?

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Just now, Bethhhh said:

As for the overstay, do you mean the potential future overstay if he were to wait here until the interview date were set if we applied for the visa as if he were in Chile?

Yes. I mean overstay of visa.   A B visa is not an immigrant visa however you are here now, and if that is what you want to do then the law allows for it. Having a bank account should do the trick.  I found this 

 

U.S. citizens who live abroad will be considered U.S. domiciled if they left the U.S. only for a limited period of time (however extended such period may be) with the intent (at the time of departure) to maintain their domicile in the U.S., and if they have also kept ties to the country (after their departure).

Immigration officers recognize that many U.S. citizens who are not employed by U.S.-related entities still move abroad with the intent to pursue definite projects and to return to the United States at some later date. These often include students (such as participants in study abroad programs), contract workers, and nongovernmental organization volunteers. In order to prove that they have maintained a domicile in the U.S., such persons should emphasize the term of their project, as evidence of their intent to maintain U.S. domicile at the time of their departure from the United States.

Evidence that ties to the U.S. were maintained could include receipts for storage facilities in the U.S., proof of renewed licenses, subscriptions or contributions to organizations in the U.S., proof of voting in U.S. elections, proof of property in the U.S., proof of visits to family and friends in the U.S., proof of receiving mail in the U.S., proof of having renewed a U.S. driver's license, and statements of bank-, mortgage- or other accounts maintained in the United States.

Other evidence could include evidence of temporary (as opposed to permanent) immigration status in the foreign country, as well as relevant correspondence with institutions, colleagues, family, and friends.

I think this would include maintaining your bank account here establishes that you have always intended to return. 


Pkg Sent:9/13/16


Received at Chicago Lock box: 9/16/16


Received Texts: 9/30/16


NOA1 Received: 10/4/16 : Receipt Date of 9/19/16


Bio Appt letter Received: 10/12/16


Bio Appt completed: 10/24/16


Card in production: 11/17/16


Combo Card received 11/25/16

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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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You are PERFECTLY fine to stay and AOS! But i would not leave the country until he has his greencard in hand.

 

so the quicker u get married, then stay here and he can apply for AOS.  ur parents can co-sign. AOS is about 4-6 months if u get married and leave it takes a year and a good chance he wont be able to get back in on a tourist visa... but if you are planning any trips outside the country, dont! 

 

overstay is forgiven when married to a USC so that isnt a problem.  if u are already in the country, and u decided to go and get married now then i would do that... it is alot easier and unless he has something to go back to chile for, it is the best thing i am sure. u should probably start getting a job, bank account, ect just to help ur situation! and a co sponsor only needs like 28k lol so its really low! haha

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2 hours ago, caliliving said:

AOS is about 4-6 months...

AOS is currently closer to 9-12 months from filing -> interview.

http://www.visajourney.com/timeline/aosstats.php?cfl=


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

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

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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4 minutes ago, geowrian said:

AOS is currently closer to 9-12 months from filing -> interview.

http://www.visajourney.com/timeline/aosstats.php?cfl=

mine was just under 4 months.. it seems to be quicker now but depends where u are from:) 

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You're fine to stay and adjust, but the logistics can be tricky paperwork-wise (he needs his birth certificate and vaccination records and things like that), and he won't be able to leave the US for several months until he gets AP (they owe you a response in 90 days, can come quicker, backlogs can make it take longer-- it did in our case). So you'd need to go get the dogs solo (he can't go now and come back on the tourist visa because on *that* trip he'd be entering with intent to marry, stay and adjust which is fraud).


What's going on with Australia? Depending on the whens/whys/how longs that could be a bit of a monkey wrench, too.


Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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7 hours ago, caliliving said:

mine was just under 4 months.. it seems to be quicker now but depends where u are from:) 

If you fill out your timeline, the VJ estimates will be more accurate. It really helps. Ours took 6.5 months but with a USCIS-error RFE that lost us a month. I think it's less about where you're from and more about when you apply, what office you get sent to and how long the "line" is at that particular office at that time. Unless you're from a failed state or something and they're having a hard time running background checks on you.


Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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2 minutes ago, CatherineA said:

You're fine to stay and adjust, but the logistics can be tricky paperwork-wise (he needs his birth certificate and vaccination records and things like that), and he won't be able to leave the US for several months until he gets AP (they owe you a response in 90 days, can come quicker, backlogs can make it take longer-- it did in our case). So you'd need to go get the dogs solo (he can't go now and come back on the tourist visa because on *that* trip he'd be entering with intent to marry, stay and adjust which is fraud).


What's going on with Australia? Depending on the whens/whys/how longs that could be a bit of a monkey wrench, too.

 

We actually pretty much have every paperwork and the kitchen sink to go with it. Original plan was to go to visit family and (I) work a bit in 2017, Australia for a year to do the Visa Holiday towards the end of 2017, then ??? (we realized we'd have to swing back to Chile to update some of the paperwork), then move to the US 2018 or 2019 (hadn't figured out if we could apply from Australia yet or not. We didn't have an exact plan. Dogs were already planning on staying at my mother-in-laws until we moved to the US, so we'd actually be getting them quicker this way...

 

But! I got a job offer of my lifetime (was originally applying to whatever job that could pull in some cash for a couple of months before heading to Australia), so we decided to just stay.

 

> he won't be able to leave the US for several months until he gets AP (they owe you a response in 90 days,

 

What's AP???

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1 minute ago, Bethhhh said:

 

We actually pretty much have every paperwork and the kitchen sink to go with it. Original plan was to go to visit family and (I) work a bit in 2017, Australia for a year to do the Visa Holiday towards the end of 2017, then ??? (we realized we'd have to swing back to Chile to update some of the paperwork), then move to the US 2018 or 2019 (hadn't figured out if we could apply from Australia yet or not. We didn't have an exact plan. Dogs were already planning on staying at my mother-in-laws until we moved to the US, so we'd actually be getting them quicker this way...

 

But! I got a job offer of my lifetime (was originally applying to whatever job that could pull in some cash for a couple of months before heading to Australia), so we decided to just stay.

 

> he won't be able to leave the US for several months until he gets AP (they owe you a response in 90 days,

 

What's AP???

I gotcha. It's Advance Parole.

 

It's what allows folks in the adjustment of status process to leave the US and come back-- he couldn't otherwise because of the intent to stay part of things (which is one of the major downsides of adjusting from a non-immigrant visa. You're fairly stuck until the green card or AP comes in. Not a huge price to pay for the convenience of adjusting from a tourist visa). Out of curiosity, why did he get a tourist visa instead of VWP?


Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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1 hour ago, CatherineA said:

I gotcha. It's Advance Parole.

 

It's what allows folks in the adjustment of status process to leave the US and come back-- he couldn't otherwise because of the intent to stay part of things (which is one of the major downsides of adjusting from a non-immigrant visa. You're fairly stuck until the green card or AP comes in. Not a huge price to pay for the convenience of adjusting from a tourist visa). Out of curiosity, why did he get a tourist visa instead of VWP?

its not that inconvenient.. also, u can order birth certificates and they will ship them to you. everything else you can get! its actually really easy to AOS from a tourist visa and people do it all the time.  

i wouldnt worry.. you are already here, i would get married and aos asap! yes, you can get AP to travel but with what is going on in the world, i would not leave until i had a GC in hand!!! 

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