I130: question about filing adjust of status in the US

[jj3050 0]

Hi,

I am currently waiting for i130 approval for my wife from NVC.  The application was accept on August 16, 2018 and assigned to Nebraska Service Center.   According to the USCIS website, the applications accepted by July 24 2018 have been processed so hopefully ours will be processed soon, hopefully in early June.

 

I am an US expat living abroad. My wife and I have been married for 12+ years and we have two school age kids, both being US citizens.   My family plans to relocate to the US this year.   Based on what I hear, it may take a few months from when I130 is approved to when a visa is issued.  The problem is that we would like to go to the US sooner in order to have sufficient time to rent a place and enroll our kids in school for the next school year which starts in September.   We are thinking about going to the US in June or July.

 

My wife has a 10-year multiple entry visa to US and each time she can stay in the US for up to six months.  We have already used it once in 2018, although we only spent one month in the US.   May we (the whole family) go to the US after receiving my wife's i130 approval and file an adjustment of status in the US?  So she will have interview in the US instead.  I hope we will not break any laws if we do this.   

 

If it is possible and permissible, what form should I use for filing for adjustment of status?   Thank you in advance for your answers.

[Ben&Zian 4,397]

You can't enter the US with intent to adjust status. That is not how the multiple entry visa works. It's for tourism I'm assuming, not to come live here.

[USS_Voyager 1,971]

2 minutes ago, jj3050 said:

May we (the whole family) go to the US after receiving my wife's i130 approval and file an adjustment of status in the US?

No, you may not. You cannot use the visitor visa to enter with the intent to adjust status. Doing so is considered trying to circumvent the consular processing (the NVC --> Embassy/Consulate interview --> visa process) that you're doing now. Just follow through with the rest of that process. CBP probably will deny her entry if she tries to do the visitor visa and send her back home. Then they might grill her some more when she comes in for the immigrant interview. 

 

You may have to enter the US with the kids first to get a place up and running and enroll them in school. Your wife will join whenever she has a visa. It'll be just a few months. 

[payxibka 10,044]

13 minutes ago, jj3050 said:

Hi,

I am currently waiting for i130 approval for my wife from NVC.  The application was accept on August 16, 2018 and assigned to Nebraska Service Center.   According to the USCIS website, the applications accepted by July 24 2018 have been processed so hopefully ours will be processed soon, hopefully in early June.

 

I am an US expat living abroad. My wife and I have been married for 12+ years and we have two school age kids, both being US citizens.   My family plans to relocate to the US this year.   Based on what I hear, it may take a few months from when I130 is approved to when a visa is issued.  The problem is that we would like to go to the US sooner in order to have sufficient time to rent a place and enroll our kids in school for the next school year which starts in September.   We are thinking about going to the US in June or July.

 

My wife has a 10-year multiple entry visa to US and each time she can stay in the US for up to six months.  We have already used it once in 2018, although we only spent one month in the US.   May we (the whole family) go to the US after receiving my wife's i130 approval and file an adjustment of status in the US?  So she will have interview in the US instead.  I hope we will not break any laws if we do this.   

 

If it is possible and permissible, what form should I use for filing for adjustment of status?   Thank you in advance for your answers.

You are this close.  Let the consular process complete as it is the fastest way to green card for her based on your circumstances 

[treppenwitz 78]

8 minutes ago, jj3050 said:

May we (the whole family) go to the US after receiving my wife's i130 approval and file an adjustment of status in the US?  So she will have interview in the US instead.  I hope we will not break any laws if we do this.

That is preconceived intent to adjust status which is illegal: https://citizenpath.com/faq/preconceived-intent-adjust-status/ CBP's duty is to enforce this.

12 minutes ago, jj3050 said:

I am an US expat living abroad. My wife and I have been married for 12+ years and we have two school age kids, both being US citizens.   My family plans to relocate to the US this year.

Unfortunately, temporary separation is common in this process. The following options might be viable:

• You and the 2 kids move to the US. Your wife waits to finish the process since its near the finish line.
• If you have family where you want to live the kids can temporarily live with them. And you stay with your wife.

[WeGuyGal 1,052]

17 minutes ago, jj3050 said:

   May we (the whole family) go to the US after receiving my wife's i130 approval and file an adjustment of status in the US?  So she will have interview in the US instead.  I hope we will not break any laws if we do this.   

 

The simple answer is no. 

 

A tourist visa is to enter the US for a short, temporary visit. And to exit the US at the end of that short, temporary visit. 

 

If she wants to live in the US, she needs to enter on the appropriate visa (IR-1). 

[JFH 12,189]

You and the children can come tomorrow, if you wish. Nothing to stop you coming before your wife and sorting out places to live, school etc. you might be apart for a while but that’s life. You’ll cope. Military families cope with worse. 

[jj3050 0]

I am the original poster.  Thank you all for the answers.   I have a couple of follow-up questions.

 

How long does it take on average to get to interview once i130 is approved?   Based on the information on the USCIS website, I estimate we will hear from NVC in early June, which give us about 3 months before school starts in September.  

 

Do I need to be present during the interview?   I recall reading it somewhere that says both husband and wife should come to interview. 

 

It makes a big difference if I need to be at the interview.   It means that I will take the kids to the US myself  and take them back with me to attend the interview since I don't have anyone to leave my kids to in the US.   We may be better off to simply wait until after the interview to go to the US. 

[treppenwitz 78]

5 minutes ago, jj3050 said:

Do I need to be present during the interview?   I recall reading it somewhere that says both husband and wife should come to interview.

It's recommended but not required. She can go alone to the interview.

[payxibka 10,044]

34 minutes ago, jj3050 said:

I am the original poster.  Thank you all for the answers.   I have a couple of follow-up questions.

 

How long does it take on average to get to interview once i130 is approved?   Based on the information on the USCIS website, I estimate we will hear from NVC in early June, which give us about 3 months before school starts in September.  

 

Do I need to be present during the interview?   I recall reading it somewhere that says both husband and wife should come to interview. 

 

It makes a big difference if I need to be at the interview.   It means that I will take the kids to the US myself  and take them back with me to attend the interview since I don't have anyone to leave my kids to in the US.   We may be better off to simply wait until after the interview to go to the US. 

Moldova does not do a lot of visas,  so timeline predictions are going to be difficult,  as well as interview experiences regarding the USCs presence at the interview 

[carmel34 3,531]

Average time from I-130 petition approval until visa interview abroad for CR-1/IR-1 is five months, my husband and I are going through this right now and the petition was approved in February (after 7 months of waiting), from there it took two months for USCIS to send the case to NVC, be received by NVC, and a case number assigned by NVC.  We uploaded documents and paid all fees within 5 days of receiving the case number, and everything was approved (NVC case complete) two weeks later, that was five days ago.  All of this without any RFEs, problems, or other delays which slow down the process for many filers.  For our consulate (Rio) it takes about a month after case complete to receive an interview date, and the interview is usually a month after receiving the date/interview notice/consulate welcome letter, so we have two more months to wait.  So without any delays it takes about five months from petition approval to interview, and you don't even have a petition approval yet.  If you receive approval tomorrow the interview will most likely be in October or November.  And remember, receiving a visa at the end of the process is not guaranteed for your wife.  Do not sell property, quit jobs, or buy airline tickets for her until the visa is in hand.  Anything can happen.

 

Your bigger issue of concern should be proving US domicile, sufficient US-based income to support your family, and providing US tax returns or IRS tax transcripts for the last three years based on your worldwide income.  Evidence of all that will be required at your wife's visa interview.

 

Good luck!