AOS for Tourist Visa for Spouse

[NikLR 13,220]

I have seen an expedite happen due to the safety of those involved. Once.  You can try. 

Honestly if your husband tries to enter as you are thinking he will be denied entry, and his tourist visa revoked.  Unless you both move back to Nicaragua you'd be separated.   

[USC4SPOUSE 506]

30 minutes ago, geowrian said:

As noted, you cannot enter with intent to file AOS. That's off the table completely.

 

Just realize that filing for asylum then another immigration benefit (still not AOS a a backup as that's intent to stay) is going to look like attempting to bypass immigration laws by any means possible.

I would suggest not to shoot yourself in the foot. You have a means to start the process now, and potentially a cause for expedite.

How about a K-3 visa? Wouldn't USCIS rush to adjudicate I-130 which would then cancel the I-129F? OP could also request to expedite at that point. 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-spouse-k-3.html#13

Edited January 29, 2019 by USC4SPOUSE
Added link.

[USS_Voyager 1,971]

5 minutes ago, USC4SPOUSE said:

How about a K-3 visa? Wouldn't USCIS rush to adjudicate I-130 which would then cancel the I-129F? OP could also request to expedite at that point. 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-spouse-k-3.html#13

They will cancel the I-129F when the I-130 is approved. I don't know about "rush". They probably won't rush anything unless they have an expedite request. I think your best bet is to file an I-130 with an expedite request.

[USC4SPOUSE 506]

7 minutes ago, USS_Voyager said:

They will cancel the I-129F when the I-130 is approved. I don't know about "rush". They probably won't rush anything unless they have an expedite request. I think your best bet is to file an I-130 with an expedite request.

Good point. Well, it sounds like OP does have exceptional circumstances. And in such cases, Direct Consular Filing may be an option:

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/petition/submit-a-petition/filing-petitions-outside-the-us.html

 

Filing Form I-130 Petitions in Exceptional Situations

U.S. Embassies and Consulates may only accept I-130 petition filings from petitioners who believe they have exceptional situations that would merit an exception from filing by mail to the USCIS Chicago Lockbox.

Petitioners who believe that their situation merits an exception may contact the nearest U.S. Embassy or Consulate to request an exception and explain their circumstances in detail. Each request for an exception will be evaluated individually and must be authorized by the USCIS office that is responsible for that specific U.S. embassy or consulate.

USCIS published guidance on circumstances that may qualify as exceptional.

If your request to file an I-130 petition with a U.S. Embassy or Consulate is not authorized by USCIS, then you must file the petition with the USCIS Chicago Lockbox.

 

This is the link to the guidance https://www.uscis.gov/archive/archive-news/uscis-centralizes-filing-form-i-130-0 which states:

Under the new process, USCIS may authorize the Department of State to adjudicate their case in certain emergency situations, including when:

• A U.S. service member stationed overseas becomes aware of a new deployment or transfer with very little notice.
• A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel.
• A petitioner or beneficiary is facing an imminent threat to personal safety.
• A beneficiary is within a few months of aging out of eligibility.
• The petitioner and family have traveled for the immigrant visa interview, but the petitioner has naturalized and the family member(s) require a new, stand-alone petition.
• The petitioner adopted a child and there is an imminent need to leave the country.

[geowrian 22,335]

22 minutes ago, USC4SPOUSE said:

How about a K-3 visa? Wouldn't USCIS rush to adjudicate I-130 which would then cancel the I-129F? OP could also request to expedite at that point. 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-spouse-k-3.html#13

K-3 is effectively obsolete. Only 4 were issued worldwide last fiscal year, and it has been dropping for years. Heck, this year might be the first for actually 0 being issued.

2 minutes ago, USC4SPOUSE said:

Good point. Well, it sounds like OP does have exceptional circumstances. And in such cases, Direct Consular Filing may be an option:

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/petition/submit-a-petition/filing-petitions-outside-the-us.html

Worth a shot IMO.

[USC4SPOUSE 506]

1 minute ago, geowrian said:

K-3 is effectively obsolete. Only 4 were issued worldwide last fiscal year, and it has been dropping for years. Heck, this year might be the first for actually 0 being issued.

Sure. All I am trying to do here is provide OP with options; instead of choosing to believe that OP had the intention of circumventing US immigration laws. Most people are not aware of that. It would be more helpful if those who do know how it works, simply explain that coming on a B1/B2 visa is not OK, and also offer options/solutions; instead of requesting to close down the thread because OP wants to commit fraud. It seems to be a theme around here.

That's all I'm saying.

 

[USC4SPOUSE 506]

8 minutes ago, geowrian said:

K-3 is effectively obsolete. Only 4 were issued worldwide last fiscal year, and it has been dropping for years. Heck, this year might be the first for actually 0 being issued.

Worth a shot IMO.

Yup, the worst that can happen is that they deny the request. OP has a child, too. So that's 2 US Citizens and 1 foreign spouse fearing for their safety. I personally would take this route. 

***crosses off Nicaragua from list of Latin American countries to retire in***

[Cmpalaz 2]

4 hours ago, Larindra said:

Hi I think the better way to enter the US is with a spousal visa. Yes there is a wait and I know that the conditions in Nicaragua are awful right now. However it calmed down a little bit and it's more of an economical strain right now. I suggest to file I-130 for your spouse and wait out the process with him in Nicaragua if you can. You also need to establish domicile at some point, just something to keep in mind.

 

I wish you all the best. Hang in there.

Thank you. I would disagree that it is more than just economical now. Yes, the economy is in shambles, but the threats and violence continue. My brother-in-law left for Costa Rica right before New Years after having "plomo" spray painted on his house. Managua, where we live, is highly militarized. It is completely "normal" to see hundreds of heavily armed paramilitaries during a weekday morning. 

[Cmpalaz 2]

3 hours ago, EM_Vandaveer said:

Is there any way you guys can temporarily re-locate to, for example, Mexico?

We have considered both Panama and Costa Rica. Panama because there are pretty good work opportunities for me and Costa Rica because my husband is automatically granted asylum. In the end, figured the US is the best option since my family is there. Since we have a young child, we do not want to be isolated without the support of family. 

[Boiler 43,438]

Just now, Cmpalaz said:

We have considered both Panama and Costa Rica. Panama because there are pretty good work opportunities for me and Costa Rica because my husband is automatically granted asylum. In the end, figured the US is the best option since my family is there. Since we have a young child, we do not want to be isolated without the support of family. 

That does not constitute an asylum claim. Sort of describes the majority of the world.

[Cmpalaz 2]

23 minutes ago, USC4SPOUSE said:

Sure. All I am trying to do here is provide OP with options; instead of choosing to believe that OP had the intention of circumventing US immigration laws. Most people are not aware of that. It would be more helpful if those who do know how it works, simply explain that coming on a B1/B2 visa is not OK, and also offer options/solutions; instead of requesting to close down the thread because OP wants to commit fraud. It seems to be a theme around here.

That's all I'm saying.

 

Thank you. As I stated in my original post, I am new to this process. Just trying to figure out best options in a increasingly unsafe situation. The option to enter on a tourist visa and then apply for AOS was also suggested to me from several people who in Nicaragua, so I didn't really understand the rules around that. We have also entered the US 6 times as a family over the past 3 years and never once has my husband been asked for employment docs or even questioned beyond basic reason for visit. I assure you we didn't get a tourist visa to scam the US. I am married and have a young child. I want to keep my family safe. 

[Cmpalaz 2]

3 minutes ago, Boiler said:

That does not constitute an asylum claim. Sort of describes the majority of the world.

Jeez. I'm done.

 

 

[Larindra 9]

14 minutes ago, Cmpalaz said:

Thank you. I would disagree that it is more than just economical now. Yes, the economy is in shambles, but the threats and violence continue. My brother-in-law left for Costa Rica right before New Years after having "plomo" spray painted on his house. Managua, where we live, is highly militarized. It is completely "normal" to see hundreds of heavily armed paramilitaries during a weekday morning. 

Thankfully my family is not in Managua but close to the border to Honduras. For them it's more economical. I would not stay near Managua at all. I know - I have seen the paramilitaries in Managua!

[EM_Vandaveer 2,370]

13 minutes ago, Cmpalaz said:

We have considered both Panama and Costa Rica. Panama because there are pretty good work opportunities for me and Costa Rica because my husband is automatically granted asylum. In the end, figured the US is the best option since my family is there. Since we have a young child, we do not want to be isolated without the support of family. 

The reason I said temporarily was so you & your family would be out of danger while waiting for the spousal visa process to run its course. I understand the goal is being together in the US.

[Cmpalaz 2]

1 minute ago, EM_Vandaveer said:

The reason I said temporarily was so you & your family would be out of danger while waiting for the spousal visa process to run its course. I understand the goal is being together in the US.

My understanding was we had to officially set up residency in a new country in order to apply for the spousal visa at the US Embassy. When the US Embassy here was closed, they told anyone wanting a visa to relocate to Honduras or Costa Rica and apply there. Is it possible to start the process at the US Embassy in Nicaragua, and then go to another country to wait it out?