Pakistan, Form I-130 and Form I-485

[FAW 12]

Hello - 

 

I married my husband in Pakistan.  We would now like to move forward and bring him to the USA.  I don’t want to move to or live in Pakistan.  I’m aware that we may have a long haul because of the country he is from, the poor system they have there to run background and criminal record/terrorist checks.  I have heard we may go into AP for a while.  My questions are:

 

1.) Regardless — Is it wise and feasible to file a  I-130 in combination with a I-485 in spite of this all?  
 

2.). Can he apply for a Visitor’s Visa to come see me in the USA while we wait?  Does it help his Visitor’s  Visa case that we are pending the approval of the I-130?
 

Any experience with this?  Thank you!😊

[Nitas_man 3,100]

Why would you need an I-485

 

Experience from “not Pakistan” was visitor visa was DOA probably before Nita got to the counter.  At least it was a polite no.

 

I expect Pakistan to be the same or worse.

Edited April 21, 2020 by Nitas_man

[FAW 12]

7 minutes ago, FAW said:

Hello - 

 

I married my husband in Pakistan.  We would now like to move forward and bring him to the USA.  I don’t want to move to or live in Pakistan.  I’m aware that we may have a long haul because of the country he is from, the poor system they have there to run background and criminal record/terrorist checks.  I have heard we may go into AP for a while.  My questions are:

 

1.) Regardless — Is it wise and feasible to file a  I-130 in combination with a I-485 in spite of this all?  
 

2.). Can he apply for a Visitor’s Visa to come see me in the USA while we wait?  Does it help his Visitor’s  Visa case that we are pending the approval of the I-130?
 

Any experience with this?  Thank you!😊

I 

 

1 minute ago, Nitas_man said:

Why would you need an I-485

I thought I read that doing this is like killing two birds with one stone.  Get the spousal visa and adjustment of status together.  

[Nitas_man 3,100]

Just now, FAW said:

I 

 

I thought I read that doing this is like killing two birds with one stone.  Get the spousal visa and adjustment of status together.  

An I130/spousal immigrant visa is for a spouse who lives outside the US

 

An I130/I485 is for a spouse who already lives in the US

[Just Paul 4,591]

10 minutes ago, FAW said:

Is it wise and feasible to file a  I-130 in combination with a I-485 in spite of this all?  
 

You can only file the I-485 if he is in the US.

File the I-130 and follow the instructions.

 

12 minutes ago, FAW said:

Can he apply for a Visitor’s Visa to come see me in the USA while we wait?

Yes but. . .

 

4 minutes ago, FAW said:

Does it help his Visitor’s  Visa case that we are pending the approval of the I-130?

No - it does not help.  In fact it can work against him in that he has already shown immigrant intent.

[FAW 12]

Thank you for clarifying.  So, the only thing to do now is file the I-130 and be thorough and patient.  

[Just Paul 4,591]

7 minutes ago, FAW said:

Thank you for clarifying.  So, the only thing to do now is file the I-130 and be thorough and patient.  

Yes that is the only way.

[FAW 12]

looks like I will be visiting Pakistan until we can get through this.  

[cd37 229]

4 minutes ago, FAW said:

looks like I will be visiting Pakistan until we can get through this.  

Good for you.

[pushbrk 12,160]

1 hour ago, FAW said:

looks like I will be visiting Pakistan until we can get through this.  

Correct.  For clarity, the visa you seek results in the "status" (upon entry to the US) that the spouse or other intending immigrant would "adjust to" from inside the US, so no "adjustment" needed.

[moneeb Iqbal 13]

20 hours ago, FAW said:

looks like I will be visiting Pakistan until we can get 

file i130 with affidavit  of support nd all other proofs like pictures boarding pass flight tickets nd some Facebook or WhatsApp chat nd dont apply for visit Visa it will go against him cuz u guys are already married nd about AP it's up to his state where he is living in Pakistan nd other fact is his name don't worry be positive just start the process ...

best of luck

[geowrian 22,336]

2 minutes ago, moneeb Iqbal said:

file i130 with affidavit  of support nd all other proofs like pictures boarding pass flight tickets nd some Facebook or WhatsApp chat nd dont apply for visit Visa it will go against him cuz u guys are already married nd about AP it's up to his state where he is living in Pakistan nd other fact is his name don't worry be positive just start the process ...

best of luck

Affidavit of Support is not submitted with the I-130. It is submitted at NVC...likely in or near 2021 at this point.

No harm in applying for a tourist visa, although it is very unlikely to get approved.

[Just Paul 4,591]

1 hour ago, moneeb Iqbal said:

ile i130 with affidavit  of support

OP:   No need for the I-864 yet.   Follow the instructions in the guides https://www.visajourney.com/ir1-spouse-visa-overview/

 

21 hours ago, FAW said:

looks like I will be visiting Pakistan until we can get through this.

Good if it is just a visit.  If you move there be aware of the domicile requirements that need to be met prior to his visa being issued.  Make sure you have a plan for the I-864 prior to it getting to the NVC.

[SalishSea 16,827]

22 hours ago, FAW said:

Thank you for clarifying.  So, the only thing to do now is file the I-130 and be thorough and patient.  

Yes.  He will not get a visitor's visa from Pakistan, especially with a pending I-130 petition.

 

There are lots and lots of threads here on VJ about the unique challenges for immigration from Pakistan.  I suggest you thoroughly read them so that you can avoid potential pitfalls and extra delays.

[Boiler 43,622]

Well we know nothing about him or his situation and yes the people we tend to see on VJ have weak cases, however I would not say it is impossible to get a visitors visa, does not cost much to apply, when things open up.

Edited April 21, 2020 by Boiler