AOS for Tourist Visa for Spouse

[USC4SPOUSE 506]

18 minutes ago, Cmpalaz said:

Jeez. I'm done.

 

 

*sigh* I know! It would definitely be more helpful if folks focused on educating others and steering them in the right direction by providing viable solutions. Like I said moments ago, it is a theme around VisaJourney.

You said " I work for an NGO that is now closing down operations. I have been threatened by the government- specifically told I was going to be deported if I didn't sign a letter confirming my support for the government. This happened in November."

 

I believe you just need to pursue Direct Consular Filing and explain in detail all the circumstances. The US Embassy closed for several months because of the unrest. So it's not like they're not familiar with the current state of affairs. I think it is worth a shot. Document the hell out of it. 

 

 

Edited January 29, 2019 by USC4SPOUSE

[NikLR 13,220]

17 minutes ago, Cmpalaz said:

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. 

Im glad you asked before trying since you asked before trying. 

 

1 minute ago, Cmpalaz said:

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?

You dont need residency to start the IR1 process since DCF isnt an option in those countries except exceptional circumstances.  The process, unless you try DCF, will start with an I-130 to the Chicago lockbox.  But your husband will need residency by interview date. 

I agree that it wouldn't hurt to try DCF. 

[EM_Vandaveer 2,366]

13 minutes ago, Cmpalaz said:

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?

You don't start the process at the Embassy/Consulate. Read up on the process. You file I-130 & I-130A with USCIS first. USCIS has to approve the petition then it goes through further processing at NVC and finally it's sent to your Consulate. I still don't understand why not relocate then start the process? If you are not safe where you are.

Even if there was a way to do DCF, personally I think relocating than filing non-DCF would be safest.

Edited January 29, 2019 by EM_Vandaveer

[USC4SPOUSE 506]

And request expedited processing. You are not safe there. Heads up... when you say the word expedite around here, there is usually a wave of folks telling you that it is unlikely to be approved and/or diminishing your circumstances and/or telling you to wait your turn. Do not let those comments deter you from pursuing this route either. 

[Cmpalaz 2]

4 minutes ago, EM_Vandaveer said:

You don't start the process at the Embassy/Consulate. Read up on the process. You file I-130 & I-130A with USCIS first. USCIS has to approve the petition then it goes through further processing at NVC and finally it's sent to your Consulate. I still don't understand why not relocate then start the process? If you are not safe where you are.

Ok, thank you. I will read up on the process. Yes, we have decided it is definitely time to leave now. I think before we had some hesitancy as things were still unfolding. Employment prospects are important to us as we need to have a way to support ourselves and our child. Many Nicaraguans who left for Costa Rica, have since had to return due to lack of employment. 

[USC4SPOUSE 506]

Here is another thought. What if you relocate to a country that has a USCIS international office. 

The following countries around you have a USCIS International Office. https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices They all process I-130 Petition for Alien Relative really fast. You can check their processing times here.  https://egov.uscis.gov/processing-times/international-operations-office Though, I listed them below for your convenience.

• El Salvador - San Salvador Field Office ; 1.6 months
• Guatemala - Guatemala City Field Office; 2.4 months
• Mexico - Ciudad Juarez Field Office 
• Mexico - Mexico City Field Office ; less than 1 month. 
• Mexico - Monterrey Field Office ; less than 1 month.

If those countries are not an option, then you could probably opt for Costa Rica and pursue Direct Consular Filing (DCF) there. It sounds like your safety is at stake. So really, just leave. If Costa Rica will for sure grant you asylum, then take it, and pursue DCF there. 

[USC4SPOUSE 506]

14 minutes ago, Cmpalaz said:

Ok, thank you. I will read up on the process. Yes, we have decided it is definitely time to leave now. I think before we had some hesitancy as things were still unfolding. Employment prospects are important to us as we need to have a way to support ourselves and our child. Many Nicaraguans who left for Costa Rica, have since had to return due to lack of employment. 

You could always reach out to International Schools. They would love to have a native speaker of English join their faculty.

[Cmpalaz 2]

10 minutes ago, USC4SPOUSE said:

Here is another thought. What if you relocate to a country that has a USCIS international office. 

The following countries around you have a USCIS International Office. https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices They all process I-130 Petition for Alien Relative really fast. You can check their processing times here.  https://egov.uscis.gov/processing-times/international-operations-office Though, I listed them below for your convenience.

• El Salvador - San Salvador Field Office ; 1.6 months
• Guatemala - Guatemala City Field Office; 2.4 months
• Mexico - Ciudad Juarez Field Office 
• Mexico - Mexico City Field Office ; less than 1 month. 
• Mexico - Monterrey Field Office ; less than 1 month.

If those countries are not an option, then you could probably opt for Costa Rica and pursue Direct Consular Filing (DCF) there. It sounds like your safety is at stake. So really, just leave. If Costa Rica will for sure grant you asylum, then take it, and pursue DCF there. 

Thank you. This is extremely helpful. I am going to talk with my husband about this since the times seem really doable.

[USC4SPOUSE 506]

1 minute ago, Cmpalaz said:

Thank you. This is extremely helpful. I am going to talk with my husband about this since the times seem really doable.

GOOD! See? You have options! 🙂 And keep asking questions; whether you know how to ask the question or not, just keep asking questions!

[EM_Vandaveer 2,366]

14 minutes ago, Cmpalaz said:

Thank you. This is extremely helpful. I am going to talk with my husband about this since the times seem really doable.

Double check the residency requirements. You usually have to prove residency in order to be able to file through DCF.

[jcra615 53]

1 hour ago, Cmpalaz said:

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. 

Hi! So sorry you are experiencing this, I can't even imagine how challenging this must be to go through, especially with a young child. While I will not chime in on entering the U.S. with a tourist visa with the intent to do AOS, I will say that no one on his forum has the right to judge you for asking questions. You are in an extremely trying situation and want to understand your options... that is a good thing.

 

I will just generally state that if you were to enter the U.S., it would likely make the most sense to plan on staying there for a period of years (4-5 years) subsequently. Even if you do not want to stay in the U.S. permanently, if you go through all the effort of getting your husband there, it makes sense to plan on staying until he can become a citizen (while he could apply for citizenship after having his permanent residency for 3 years since he is married to you, the process of actually filing for citizenship, waiting, etc. makes the real timeline more around 4 or 5 years to be safe). Once he is a citizen he will be able to come and go freely without any worry like this again, but being a citizen also doesn't tie him to living in the U.S. forever. My husband and I met in Latin America and came to the U.S. to live for a while, with the idea of moving back to Latin America eventually. It makes sense to wait it out and go through that process to have it over and done with.

 

While I can not comment on the specifics of Nicaragua / Costa Rica / Panama as options for you to process a spousal visa, my husband did get his visa (a fiance visa) processed in a country other than his own (Ecuador, where we met, though he is from Cuba originally), so I will mention that. This is definitely an option I would recommend to you, as there was nothing unusual about the process at all for us. The U.S. embassy did want to see that he was documented in Ecuador (he did not have permanent residency there, just a year-long volunteer visa), but there wasn't anything more in terms of "establishing residency" that he had to prove. He needed a police report from Cuba AND Ecuador for the application to see that he hadn't been convicted of any crimes...if you are planning on leaving Nicaragua to process this in a neighboring country I would recommend bringing this document with you to have on hand for the application. At the interview, they asked him why he moved from Cuba to Ecuador. That is literally it. Again, keep digging for the country-specific details regarding where you might file for the spousal visa, but I'd think that this is definitely a good option for you.

 

Best of luck!

[jcra615 53]

58 minutes ago, USC4SPOUSE said:

And request expedited processing. You are not safe there. Heads up... when you say the word expedite around here, there is usually a wave of folks telling you that it is unlikely to be approved and/or diminishing your circumstances and/or telling you to wait your turn. Do not let those comments deter you from pursuing this route either. 

^^ Yes to this as well. It seems like your family has plenty of easily-documentable proof of valid fear and intimidation by the government. Utilize this...the worst that can happen is that they do not expedite, but it definitely seems to be worth the try in your case.

[josandme 6]

1 hour 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 plan of going to panama and filing for spousal visa seems like a good option to me. you would be together, in a safer place, and both could work while waiting for paperwork to crawl through the system. Or perhaps even talk to the embassy there (where you are now) for an expedited visa.

The law says you CAN NOT enter the us with intentions of immigrating on a b2 visa. As you were told no-one here will tell you to do that.

Now, im not a lawyer, and im not advising you what to do, but let me tell you what the law says, and what will happen if you follow the advice given above.  Since the law says you can not enter the US on a B2 visa with the intentions of staying,  if you tell the CBP officer your intentions, He will immediately cancel the visa of your husband, deport him, and he will be banned for 5 years. Read that again @Cmpalaz. Understand it well. The officer has no choice. The ban is included in the denied entry because of inadmissibility. Others here are advising you to be honest with CBP, and that is correct, but if you are honest expect consequences. Now, assuming you did get onto the country you have more options but that's a different subject. Let me tell you quite clearly though. If you did enter, and tried to adjust status, and they find evidence that you entered under false misrepresentation,or worse, fraud,  that is a denial of adjustment and a lifetime ban.  
tread carefully. Better safe than sorry. 

Edited January 29, 2019 by josandme

[josandme 6]

8 hours ago, NigeriaorBust said:

 Entering the US using a tourist visa with the intent to file AOS is immigration fraud.  Be sure to tell the immigration officials about your plans at the border so you wont get accused of lying on entry and see how your trip goes.

@TBoneTX, Here is a perfect example of what I was referring to in my other post. This is HORRIBLE advice!!!!!  
It will result in a deportation and a ban, affecting them for years, making the situation substantially worse. 

"see how it goes"...….  like maybe the officer would feel sorry for them and allow them in????  

People, please!! Give them CORRECT advice.  You can not attempt to enter on a b2 with immigration intent.  PERIOD. 

[Crazy Cat 39,193]

3 minutes ago, josandme said:

@TBoneTX, Here is a perfect example of what I was referring to in my other post. This is HORRIBLE advice!!!!!  
It will result in a deportation and a ban, affecting them for years, making the situation substantially worse. 

"see how it goes"...….  like maybe the officer would feel sorry for them and allow them in????  

People, please!! Give them CORRECT advice.  You can not attempt to enter on a b2 with immigration intent.  PERIOD. 

I think that last part was sarcasm...you read the first sentence of that post, didn't you?