Need guidance for spouse(non-US citizen)

[Waldeezyy 0]

I am a US citizen serving in the military. My wife and I got married in California while she was in the US with her visitor visa. She comes in and out of the US frequently to visit me. We want to start the process to get her a green card so she can live and work in the US with me. I have been confused about how to start or if she is allowed to submit paperwork while she is here on her tourist visa. I've been getting mixed information. I need help on this. Any information or similar experience will help.

Can we start that process while she is here in the US on her tourist visa?

[Dashinka 23,235]

Check out the guide here for a spousal visa.  You can certainly work on the package together during her visits, but she cannot enter the US with the intent to stay until she actually has a Spousal visa.

 

Good Luck!

 

https://www.visajourney.com/content/i130guide1/

 

 

Edited October 11, 2019 by Bill & Katya

[Waldeezyy 0]

So once that I-130 gets approved, will she be able to come to the US and stay to finish the rest of the green card package and wait here until it gets approved?

[Waldeezyy 0]

22 minutes ago, Bill & Katya said:

Check out the guide here for a spousal visa.  You can certainly work on the package together during her visits, but she cannot enter the US with the intent to stay until she actually has a Spousal visa.

 

Good Luck!

 

https://www.visajourney.com/content/i130guide1/

 

 

So once that I-130 gets approved, will she be able to come to the US and stay to finish the rest of the green card package and wait here until it gets approved?

[Boiler 43,426]

Just now, Waldeezyy said:

So once that I-130 gets approved, will she be able to come to the US and stay to finish the rest of the green card package and wait here until it gets approved?

She will be interviewed in her home country and be issued an immigrant visa.

[Waldeezyy 0]

1 minute ago, Boiler said:

She will be interviewed in her home country and be issued an immigrant visa.

Correct then she will be able to come to the US and finish the rest? 

Sorry, I want to make sure I'm doing this right

[Yeap 34]

2 minutes ago, Waldeezyy said:

Correct then she will be able to come to the US and finish the rest? 

Sorry, I want to make sure I'm doing this right

Yes, she will be given 2years green card and after that 2 years she will apply for removal of condition on her status then she will get 10yrs green card. 

[Dashinka 23,235]

3 minutes ago, Waldeezyy said:

Correct then she will be able to come to the US and finish the rest? 

Sorry, I want to make sure I'm doing this right

Once the I130 is approved, it will be sent to the US consulate in her home country and she will apply for the spousal visa (CR1).  Once the consulate approves the CR1, then she enters the US as a green card holder.

 

Good Luck!

[Dashinka 23,235]

1 minute ago, Yeap said:

Yes, she will be given 2years green card and after that 2 years she will apply for removal of condition on her status then she will get 10yrs green card. 

Possibly a 10 year green card as the OP did not mention when they actually got married.

[Yeap 34]

2 minutes ago, Bill & Katya said:

Possibly a 10 year green card as the OP did not mention when they actually got y

 

You are right.

[Duke & Marie 1,389]

20 hours ago, Waldeezyy said:

So once that I-130 gets approved, will she be able to come to the US and stay to finish the rest of the green card package and wait here until it gets approved?

No, after I130 it goes to NVC and the consulate in her country... before a CR1 (2 yr) or ir1 (10 yr) GC is issued, which is based on how long you’ve been married when she enters the us..

 

dont worry, everything goes pretty fast after the I130 is approved.. 

[zochu 255]

If you are currently active duty, contact your base legal department for information to help with this process or PASS and ID to see if they have any contacts. My husband was on Camp Pendleton and they held classes. We did not start this process whilst he was active duty and waited till he was out. If we could go back, we would have done it whilst he was still Active Duty ..  but this site is a great resource too. Good Luck and thanks for your service! 

[Waldeezyy 0]

16 hours ago, Duke & Marie said:

No, after I130 it goes to NVC and the consulate in her country... before a CR1 (2 yr) or ir1 (10 yr) GC is issued, which is based on how long you’ve been married when she enters the us..

 

dont worry, everything goes pretty fast after the I130 is approved.. 

Thanks for the info! We just submitted the I-130 

[Waldeezyy 0]

13 hours ago, zochu said:

If you are currently active duty, contact your base legal department for information to help with this process or PASS and ID to see if they have any contacts. My husband was on Camp Pendleton and they held classes. We did not start this process whilst he was active duty and waited till he was out. If we could go back, we would have done it whilst he was still Active Duty ..  but this site is a great resource too. Good Luck and thanks for your service! 

I will try to look into that here in San Diego. Maybe they will help me understand more. 

Thank you!

[Villanelle 4,121]

On 10/12/2019 at 10:01 AM, Waldeezyy said:

I will try to look into that here in San Diego. Maybe they will help me understand more. 

Thank you!

Are you still confused on something specific.?

 

If she is in the US right now then you can send AOS packet now since she did not enter intending on staying. The AOS packet is the 130/485/765/131. She can not leave until she gets AP. That can take several months.  Or if she is here but not ready to stay- or not here right now,  you would have to do the CR visa process.   She should be able to travel to the US (for visits not to stay) during the process but there is no guarantee she will get entry. If she enters during the CR process as a tourist she will have to abide by the terms of admission which for ESTA is 3 months and B visas can get up to 6 months. The CR process takes much longer then the length of admission she will get as a visitor. If she comes and stays 6 months and then immediately tries to return for another 6 months its unlikely she will be admitted the second time. Many people are able to visit during the CR process by coming for short visits spaced apart. 

 

VJ has guides explaining each process depending on whether she is currently in the US or overseas. The main point is she can not enter as a tourist intending on staying.