CR-1 paperwork question, visiting before NOA1....

[TenderHearted 39]

Guys,

 

    I am getting ready to submit the complete CR-1 paperwork, and this will be sent out by Tuesday. I need to ask a question, because I don't want anything to cause any problems in this process. My wife wants to visit me in the middle of May, about 4 months after she went back to her home country of Spain. She is in between jobs and schooling...

    Since the paperwork might not be received by USCIS before she arrives, and for that reason I wouldn't be getting the NOA1 confirmation of receipt wouldn't yet be issued, is there any possibility this could cause problems? I've heard there can be problems for filing the CR-1 paperwork when a spouse is in the US, as USCIS might think someone is intending to AOS without observing the proper procedure, this or anything that might be construed as such is something I want to avoid.

    Thank you all for your input!

 

TenderHearted

 

P.S. > Moderators, sorry if I have placed this in the incorrect forum. Not intentional, and please move this if you see fit. Thank you!

[Troy B 221]

You need to make sure when you are filling out the i-130 form that you indicate she is intending on going to the local US embassy in Spain that does the CR/IR interviews, vs the option that indicates she is in the USA and wants to do AOS.

 

The issue i do see is if she does not have a firm plan for when she returns to Spain,  they may not allow her to enter.

[TenderHearted 39]

She is in Spain now, and has been for the last 3 months. The paperwork is going to be submitted shortly, and I have indicated she is not present in the US right now, and the paperwork will be physically sent and probably in the USCIS lockbox before she arrives in the middle of this month.

 

But my concern is, if she returns before NOA1 stage, when USCIS officially acknowledges receipt of the paperwork. Would this cause problems? The more I think about it, the more I grown concerned.

[Just Paul 4,591]

You file the I-130 based on where she is when you submit it.   Where she is when the NOAs are issued isn't relevant.

 

She can not enter the US with the intent to adjust.  She needs to show that her visit is just that and has a plan to return to Spain.  

 

[TenderHearted 39]

No, there is no intent to adjust, just to visit. She is unemployed for the moment, and she is getting ready to start school, as I asked her to get some extra schooling while we wait the CR-1 petition out. We are bound and determined to do this the correct way, and AOSing without going through the proper procedure of waiting the CR-1 process out isn't an option. We are not going to take any chances.

[Just Paul 4,591]

She might have an issue with:

14 hours ago, TenderHearted said:

She is in between jobs and schooling...

CBP might see this as lacking ties to returning to Spain.  Showing she is going back to school upon her return would be a good idea.

[TenderHearted 39]

I realize, and I feel the same. She is working on that right now.