Help, How to start the VISA process

[G_Serina 0]

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 .

[Crazy Cat 39,214]

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 June 26, 2019 by missileman

[Dashinka 23,236]

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!

[Boiler 43,429]

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

[Jeanne Adil 1,651]

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

[Unlockable 7,306]

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

 

VJ Moderation

[Pitaya 2,576]

Would DCF via the Guangzhou USCIS Field Office be a viable 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

 

https://www.uscis.gov/about-us/find-uscis-office/international-offices/china-uscis-guangzhou-field-office

Edited June 26, 2019 by Pitaya (火龙果)

[Boiler 43,429]

DCF will be dead.

[Pitaya 2,576]

26 minutes ago, Boiler said:

DCF will be dead.

That is what I was wondering?

[RandyW 149]

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  

 

USCIS Office Closings

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

[G_Serina 0]

hi all,
thank you for the information! This helps a lot

[Penguin_ie 5,985]

***** 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. *********

[SusieQQQ 11,584]

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