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I am gathering Information on the IR1 Spousal Visa

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I am currently trying to gather some information to figure out my options on bringing my spouse to the US.  I am currently living in the US and my spouse is currently living in Europe as an Austrian Citizen(originally born in Croatia). I am obviously trying to minimize the time we spend apart during this process.  
 
During my research and advice that I received from others that the easiest way is to have my spouse fly to the US and we start the visa process from within the US.  If started within the US, she would not be required to leave unless her application is denied.  However, while searching online and on the USCIS website, it seems this is only possible on a K1 Fiance Visa and I cannot find any other supporting information on the USCIS website. I know that we will be filing for an IR1 Visa as we have now been married for two years.  So sadly, I believe the K1 Fiance Visa will not apply anymore since we are married. 
 
So my questions are as follows:
 
If my spouse flies to the US on an ESTA are we able to start the I-130 petition while she is here in the US and she can stay while the Visa process is taking place? If so, is still true for cases after 2017? 
 
Is there any other method of minimizing the time spent apart or is our only other option to start the process while she is outside the US? 
 
 
Thanks
 
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2 minutes ago, ty5479 said:
I am currently trying to gather some information to figure out my options on bringing my spouse to the US.  I am currently living in the US and my spouse is currently living in Europe as an Austrian Citizen(originally born in Croatia). I am obviously trying to minimize the time we spend apart during this process.  
 
During my research and advice that I received from others that the easiest way is to have my spouse fly to the US and we start the visa process from within the US.  If started within the US, she would not be required to leave unless her application is denied.  However, while searching online and on the USCIS website, it seems this is only possible on a K1 Fiance Visa and I cannot find any other supporting information on the USCIS website. I know that we will be filing for an IR1 Visa as we have now been married for two years.  So sadly, I believe the K1 Fiance Visa will not apply anymore since we are married. 
 
So my questions are as follows:
 
If my spouse flies to the US on an ESTA are we able to start the I-130 petition while she is here in the US and she can stay while the Visa process is taking place? If so, is still true for cases after 2017? 
 
Is there any other method of minimizing the time spent apart or is our only other option to start the process while she is outside the US? 
 
 
Thanks
 

She can come in to visit, but not to live and wait out the process here.

She cannot entre with the esta/ vwp with intent to stay and adjust status

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12 minutes ago, ty5479 said:
I am currently trying to gather some information to figure out my options on bringing my spouse to the US.  I am currently living in the US and my spouse is currently living in Europe as an Austrian Citizen(originally born in Croatia). I am obviously trying to minimize the time we spend apart during this process.  
 
During my research and advice that I received from others that the easiest way is to have my spouse fly to the US and we start the visa process from within the US.  If started within the US, she would not be required to leave unless her application is denied.  However, while searching online and on the USCIS website, it seems this is only possible on a K1 Fiance Visa and I cannot find any other supporting information on the USCIS website. I know that we will be filing for an IR1 Visa as we have now been married for two years.  So sadly, I believe the K1 Fiance Visa will not apply anymore since we are married. 
 
So my questions are as follows:
 
If my spouse flies to the US on an ESTA are we able to start the I-130 petition while she is here in the US and she can stay while the Visa process is taking place? If so, is still true for cases after 2017? 
 
Is there any other method of minimizing the time spent apart or is our only other option to start the process while she is outside the US? 
 
 
Thanks
 

She can't stay while the visa is processing. She needs to attend an interview in her home country. The definition of a VISA is that it is used to ENTER the country legally and for a specific purpose. She can only visit while the case is pending. There is NO visa category whatsoever that allows a person to just stay in the US while their case is pending. Even K1's are only allowed to visit until they get the K1 and use it to enter the US. Whoever told you that your spouse can stay in the US during a pending visa case is incorrect and should not be solicited for further advice. 

 

EDIT: It's seriously a good thing you asked and did not blindly just apply for the IR1 and have your spouse come to the US and stay with you. It is illegal to enter the US as a tourist with the intention to stay. She most likely would not have made it past CBP as they would have asked her what her intent was and she would have to disclose the truth. If she did make it past them (which would only happen by lying in this scenario), USCIS would have figured it out later on and deny your petition and perhaps slap a ban on your wife for misrepresentation.

Edited by mushroomspore
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6 minutes ago, ty5479 said:
I am currently trying to gather some information to figure out my options on bringing my spouse to the US.  I am currently living in the US and my spouse is currently living in Europe as an Austrian Citizen(originally born in Croatia). I am obviously trying to minimize the time we spend apart during this process.  
 
During my research and advice that I received from others that the easiest way is to have my spouse fly to the US and we start the visa process from within the US. 
 
This is visa fraud. Do NOT do that. If you follow this path, no one on VJ will help you and this thread will be locked.
 
 
 
However, while searching online and on the USCIS website, it seems this is only possible on a K1 Fiance Visa and I cannot find any other supporting information on the USCIS website.
 
You're married. Fiance visa doesn't apply to you.
 
I know that we will be filing for an IR1 Visa as we have now been married for two years. 
 
Yep.
 
So my questions are as follows:
 
If my spouse flies to the US on an ESTA are we able to start the I-130 petition while she is here in the US and she can stay while the Visa process is taking place? If so, is still true for cases after 2017? 
 
Yes. You can start I-130 from within the US. And no, your spouse can only stay in the US up to 90 days which is as much as ESTA allows. Do not adjust status within US, that's immigration fraud.
 
Is there any other method of minimizing the time spent apart or is our only other option to start the process while she is outside the US? 
 
No. Suck it up, because everyone have to wait. There is no way to make the process easy or fast. Also if you were living abroad for a while, you will need to provide domicile proofs.
 
Consider yourself lucky that your spouse can visit you on ESTA. Just make sure she never stays beyond 90 days per visit.

 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Filed: IR-1/CR-1 Visa Country: Romania
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Your spouse can visit on ESTA while things are happening, but cannot immigrate. As mentioned, coming on ESTA with the intent to immigrate is fraud, and that can really mess things up for you both. So unfortunately your spouse can only visit while waiting for the IR1 visa. When your spouse does visit, make sure they have ample evidence that their trip is temporary, since they may face some additional scrutiny at POE when a pending immigrant visa petition is in the works.

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Filed: Citizen (apr) Country: Taiwan
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All-in-all, the CR-1 is superior to the K-1 imo.

24 minutes ago, ty5479 said:

During my research and advice that I received from others that the easiest way is to have my spouse fly to the US and we start the visa process from within the US.  If started within the US, she would not be required to leave unless her application is denied.

Your research and the advice given by others is incorrect.  Attempting to enter the US on a tourist visa or ESTA with the intent to stay and adjust status is absolutely visa fraud.  It can bring severe penalties.

 

Your only option is a CR-1/IR-1.........sorry, I had to edit because I didn't realize you are already married.....

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (apr) Country: Taiwan
Timeline

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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All you can do is start spouse visa process and your spouse can visit your during the process using her ESTA.

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Filed: Citizen (apr) Country: Taiwan
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1 minute ago, ty5479 said:

Thanks for all the info guys. This is why I wanted to ask and get everything cleared up for me so that I understood. I kept finding so much conflicting information both online on different forums and as well by people directly who supposedly done it this way.   

The article I linked explains it pretty well, I think.  Good luck to you and your spouse. 

This is another good place from here on VJ:  http://www.visajourney.com/content/i130guide1

Do NOT try the K-3 route.  K3 is obsolete and almost always results in a CR-1/IR-1.......

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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3 minutes ago, ty5479 said:

Thanks for all the info guys. This is why I wanted to ask and get everything cleared up for me so that I understood. I kept finding so much conflicting information both online on different forums and as well by people directly who supposedly done it this way.   

There are situations where one can stay in the US and do AOS . However, one cannot enter the US on an ESTA with intent to stay / file for AOS, so that path is not open to you.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: 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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Filed: K-1 Visa Country: Wales
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Wondering where you read that it would be OK to enter as a tourist with immigrant intent. Could have been a very unpleasant experience followed by a trip back home.

“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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Filed: K-1 Visa Country: Spain
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14 minutes ago, Boiler said:

Wondering where you read that it would be OK to enter as a tourist with immigrant intent. Could have been a very unpleasant experience followed by a trip back home.

Correct me if I'm wrong, but there was a recent topic on VJ stating that a fiance came to visit the USC and then decided randomly to just get married while on their trip. Due to this situation without INITIAL intent to get married, they are able to have the fiance stay here while they adjust status, but due to you already being married but separate at the moment I don't know how that process would be applicable to your situation. 

K1 Journey from Spain to USA :wub:
10-25-2017 I-129F Sent to Lewisville
10-27-2017 NOA1
XX-XX-XXXX NOA2 :jest:
XX-XX-XXXX NVC Received
XX-XX-XXXX Interview Scheduled
XX-XX-XXXX POE :whistle:
XX-XX-XXXX Married 
 
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Filed: Citizen (apr) Country: Taiwan
Timeline
4 minutes ago, JMCKNG said:

Correct me if I'm wrong, but there was a recent topic on VJ stating that a fiance came to visit the USC and then decided randomly to just get married while on their trip. Due to this situation without INITIAL intent to get married, they are able to have the fiance stay here while they adjust status, but due to you already being married but separate at the moment I don't know how that process would be applicable to your situation. 

It doesn't apply here  The OP has already expressed intent......any attempt to play word games with immigration would likely result in severe penalties.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: K-1 Visa Country: Spain
Timeline
1 minute ago, missileman said:

It doesn't apply here  The OP has already expressed intent......any attempt to play word games with immigration would likely result in severe penalties.

Exactly, the intent is what I anticipated being the issue in this particular situation.

K1 Journey from Spain to USA :wub:
10-25-2017 I-129F Sent to Lewisville
10-27-2017 NOA1
XX-XX-XXXX NOA2 :jest:
XX-XX-XXXX NVC Received
XX-XX-XXXX Interview Scheduled
XX-XX-XXXX POE :whistle:
XX-XX-XXXX Married 
 
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