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G_Serina

Help, How to start the VISA process

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Hi Guys 

 

Could anyone here give me some advises for me ,my situation as follows:

 I married a US citizen early this year. We got our marriage certificate on March,2019. My husband is a US citizen who is working in China(he came here for working after graduated last year),and has got two years working permit . Now I am 5 month pregnant and we plan to stay in China for about several (we will consider going to the US after the baby is born ,maybe 3 years or so ) years ,but we want to go to US to visit his family. Now how can I apply for the VISA ,I heard that most people apply for the I-130 because they are planning to stay in US after they get the visa or the green card . I don't know what I should do if I want to visit his family next year ,but we wont stay there and living in US for now .I have never been to US before .Now my husband wants to apply the i-130 files for me ,is it good for us to do so . can I be able to get in US next year by doing so ?,or I just worried about if we go well with the process ,does that mean we must stay or living in US ,or how often we can go back to my own country. or any other advises can anyone  share with us ,I m greatly appreciated .Thanks .

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Posted (edited)

Filing an I-130 demonstrates clear intent to immigrate to the US.  Obtaining a visitor visa (which is appropriate since you do not want to live in the US now) will be more difficult to obtain after filing the I-130, imo .  My advice:

1.  File for a B2 visa .

2.  Visit the US next year if the B2 visa is granted

3.  File the I-130 and start the spousal visa process about a year before the time you want to LIVE in the US.

 

Please be advised that a B2 is not an easy visa to obtain.  You will have to demonstrate strong ties to your country, and you will have to convince the consulate officer that you will return to your country.....good luck in your journey.

Edited by missileman

                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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I agree, your only option right now is a B2 visa since you are years away from a possible permanent move to the US.  With your husband under contract (I assume) with a company in China, I would make sure you point that out on the B2 application.

 

Additionally, about a year before you plan to immigrate to the US, you should plan on filing for a spousal visa.  Your husband should also research CRBA for when your child is born which if possible can alleviate some headaches in the whole process.

 

Good Luck!


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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One of our friendly Mods will move this to the correct forum.


“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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AT this time make sure your USC husband is filing his tax returns each spring / over $100,000 is tax exempt 

but he needs to pay into SS and medicare with each spring filing

https://www.irs.gov/individuals/international-taxpayers/taxpayers-living-abroad

immigration will need 3 years of tax returns when you do file the spouse visa

he will also need a place of residency in the US / where you will be living / this can be with family 

but he will need to show US residency like address ,  bank accounts,  etc

i tell you this now to give you time to do all of the above and not get caught short by needing these during the process

 

this site is very helpful for USC living abroad 

https://www.nolo.com/legal-encyclopedia/strategies-applying-marriage-based-visa-if-couple-lives-abroad.html

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*** Moved to "Tourist Visa" section of the forum. OP is looking to visit family in the US>

 

VJ Moderation


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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Posted (edited)

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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DCF will be dead.


“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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26 minutes ago, Boiler said:

DCF will be dead.

That is what I was wondering?


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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The USCIS offices overseas are scheduled to be closed by March, 2020.

 

The Guangzhou office is not dead yet - it may still get a new lease on life, since it is a VERY active adoption portal. You never know.

 

USCIS information at  

 

This page was last updated on June 26, 2019.

 

 

Apparently, this was as much of an announcement as was given:
 

NY Times, on 12 Mar 2019 - 4:45 PM, said:

The director of United States Citizenship and Immigration Services, L. Francis Cissna, told senior staff members this week that the international division, which has operations in more than 20 countries, would close down by the end of the year, according to two people with knowledge of the meeting.
 
Agency officials said the move was intended to provide more staff resources to handle the lengthy backlog in asylum applications from tens of thousands of migrants crossing the southern border every month. But it could come at the expense of legal migration, which President Trump has said he favors: Some agency staff members said closing overseas offices will make it more difficult and time-consuming to apply to immigrate from abroad, especially for refugees already in the United States who hope to bring other family members to join them.

 

Trump Administration Plans to Close Key Immigration Operations Abroad


玉林,桂 resident
Feb 23, 2005 ........ Mailed I-129F to TSC . . . . . . . . .March 8th ............. P1 from CSC
April 11 ................. P2 from CSC . . . . . . . . . . . . . . . . .April 25 ................ NVC sends packet to GUZ
June 22 ................ P3 received . . . . . . . . . . . . . . . . . .Nov 22 ................. PASSED Interview
Dec 2 ................... Made it! . . . . . . . . . . . . . . . . . . . . .Dec 16 .................. Married
May 23, 2006 ..... TDL, EAD, AP received. . . . . . . . . June 16, 2006 ........ AOS interview - wait for FBI bkgrnd check
Apr 19, 2007 .... EAD # 2. . . . . . . . . . . . . . . . . . . . . . Oct 7, 2008 ......... 10-year green card
- - - - - - - - - - - - - - - - - - - - - - - - - - K2 (son) - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dec 2 ..................... AOS/EAD filed . . . . . . . . . . . . . .Dec 17 ................... 21st birthday
Jan 4, 2007 .......... transferred to CSC . . . . . . . . . . . Feb 6, 2007 ............ transferred to MSC
Feb 23 .................... EAD card . . . . . . . . . . . . . . . . . . .Apr 16 .................... AOS denied (over 21)
Jul 26 .................... Master Calendar hearing . . . . . . Nov 15 ...................... Removal hearing
Jan 29, 2008 ........ Voluntary departure

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***** Spammer flagged, and two posts quoting spammer removed.  Please do not reply to, and especially not quote spammers- just report the so we can ban them. *********


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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49 minutes ago, Penguin_ie said:

***** Spammer flagged, and two posts quoting spammer removed.  Please do not reply to, and especially not quote spammers- just report the so we can ban them. *********

point taken - but not always easy to know if someone is a spammer or just a naive new poster

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