Emergency Immigration Memo - should I stop application?

[TBoneTX 48,628]

5 hours ago, Edototo said:

I also have a Colombian passport

The visa interview would probably be in Bogota.

Unless someone here says otherwise, I'd use the Colombian passport.

[pushbrk 14,127]

6 hours ago, Edototo said:

I was thinking in applying using my Venezuelan passport, because our marriage certificate is also from Venezuela.

But I also have a Colombian passport.

I don't know if we can use that one to apply 

It's important for you to understand at this point that "you" are not applying for anything at this stage. Your wife files the I-130 petition for alien relative on your behalf. You file nothing and apply for nothing. When the petition is approved, you will be invited to apply for the IR1 visa. I would do all this as a Colombian, not a Venezuelan.

[Edototo 5]

Yes, she is the one filing the I-130.

So she should fill out the form with our marriage certificate from Venezuela and my passport should be the Colombian one?

 

[TBoneTX 48,628]

2 minutes ago, Edototo said:

So she should fill out the form with our marriage certificate from Venezuela and my passport should be the Colombian one?

Yes.

[Edototo 5]

I see, thank you all for providing guidance, I came asking for one thing and you went above and beyond giving me more advice that what I was expecting!

[S2N 594]

11 hours ago, Edototo said:

I was thinking in applying using my Venezuelan passport, because our marriage certificate is also from Venezuela.

But I also have a Colombian passport.

I don't know if we can use that one to apply 

Do you have an Argentine passport? It’s basically the easiest in LATAM to get because their naturalization law is so wonky vs their immigration law (i.e. it takes longer to get permanent residency than citizenship…)

 

I’m friends with an Argentine/Venezuelan couple in the U.S. the Venezuelan is here on a research visa of some sort but under his Argentine passport. Government views him primarily as Argentine even though he’s Venezuelan by birth.

 

I’m assuming it’d be the same with Colombia. Just mentioning Argentina as an example because I’m more familiar with Venezuelan-Argentines.

Edited 20 hours ago by S2N

[S2N 594]

6 hours ago, TBoneTX said:

The visa interview would probably be in Bogota.

Unless someone here says otherwise, I'd use the Colombian passport.

If they live in AR and can naturalize if they don’t have Argentine citizenship already that might be the better option. Southern Cone is much lower fraud risk than northern LATAM so given all that’s currently going on, I’d personally prefer to apply from a lower fraud area. Northern LATAM isn’t Nigeria, but it’s still higher risk than Argentina/Brazil/Chile/Uruguay.

 

Said another way: Trump isn’t likely to have issues with Milei anytime soon but there’s tensions with Colombia over the situation in the Caribbean, so having another option doesn’t hurt.

 

The passport won’t really be needed for 11-14 months when they file the DS-260, so they have a year to do it.

 

Colombia would also very likely work, just throwing out potential options and considerations.

Edited 20 hours ago by S2N

[pushbrk 14,127]

16 hours ago, Edototo said:

Yes, she is the one filing the I-130.

So she should fill out the form with our marriage certificate from Venezuela and my passport should be the Colombian one?

 

Yes.  In which country do you actually live.  If a third country, what is your status there?  Note that where you live is where you are immimgrating from.

 

[Edototo 5]

I live in Argentina, and I have permanent residency here.

 

[Edototo 5]

20 hours ago, S2N said:

If they live in AR and can naturalize if they don’t have Argentine citizenship already that might be the better option. Southern Cone is much lower fraud risk than northern LATAM so given all that’s currently going on, I’d personally prefer to apply from a lower fraud area. Northern LATAM isn’t Nigeria, but it’s still higher risk than Argentina/Brazil/Chile/Uruguay.

 

Said another way: Trump isn’t likely to have issues with Milei anytime soon but there’s tensions with Colombia over the situation in the Caribbean, so having another option doesn’t hurt.

 

The passport won’t really be needed for 11-14 months when they file the DS-260, so they have a year to do it.

 

Colombia would also very likely work, just throwing out potential options and considerations.

I'm in the process of getting my argentinian citizenship, meaning I might have an opportunity to get my argentinian passport in the within the next 12 month.

 

But let's say that my wife fills out today the I-130 form with my Colombian passport, could she change that later when the DS-260 is required?

[S2N 594]

9 minutes ago, Edototo said:

I'm in the process of getting my argentinian citizenship, meaning I might have an opportunity to get my argentinian passport in the within the next 12 month.

 

But let's say that my wife fills out today the I-130 form with my Colombian passport, could she change that later when the DS-260 is required?

You fill out the DS-260. It’s your application. If a passport is renewed or changed after the I-130 typically it can be updated on the DS-260. I don’t think we’ve seen an example of someone getting naturalized during the process in a third country; but I presume it’d be the similar. @pushbrk: have you seen something like this?

 

My assumption would be the best scenario would be: wife files I-130 using your Colombian passport. You naturalize in Argentina in the next 12 months, and then fill out the DS-260 as an Argentine national and interview in Buenos Aires.

 

Colombia has historically had a decent relationship with the U.S., but it’s more strained now and there’s more fraud than in AR/with Milei and Trump being friends the U.S. and Argentina are on the best diplomatic terms they ever have been. I’m generally of the view that using the most friendly passport is always best in immigration.

Edited 33 minutes ago by S2N

[pushbrk 14,127]

6 minutes ago, S2N said:

You fill out the DS-260. It’s your application. If a passport is renewed or changed after the I-130 typically it can be updated on the DS-260. I don’t think we’ve seen an example of someone getting naturalized during the process in a third country; but I presume it’d be the similar. @pushbrk: have you seen something like this?

 

My assumption would be the best scenario would be: wife files I-130 using your Colombian passport. You naturalize in Argentina in the next 12 months, and then fill out the DS-260 as an Argentine national and interview in Buenos Aires.

 

Colombia has historically had a decent relationship with the U.S., but it’s more strained now and there’s more fraud than in AR/with Milei and Trump being friends the U.S. and Argentina are on the best diplomatic terms they ever have been. I’m generally of the view that using the most friendly passport is always best in immigration.

Yes, I agree.  I'm not thinking of any reason the Venezuelan Citinship will come into play or be mentioned except of that is where you were born.  Wife petitions a Columbian spouse, who later applies for a spouse visa as an Argentinian.  

[S2N 594]

OP — my suggestion would be for your wife to file I-130 as quick as possible and if you haven’t file for your Argentine citizenship as quick as possible. If you’re still pending your Argentine passport in a year and it’s expected in a few months after I-130 approval, I’d hold on the DS-260 until you have the Argentine passport in hand.

 

I know a lot of South Americans in the U.S. Argentines and Chileans almost universally have the easiest immigration experiences.

[Edototo 5]

1 minute ago, S2N said:

OP — my suggestion would be for your wife to file I-130 as quick as possible and if you haven’t file for your Argentine citizenship as quick as possible. If you’re still pending your Argentine passport in a year and it’s expected in a few months after I-130 approval, I’d hold on the DS-260 until you have the Argentine passport in hand.

 

I know a lot of South Americans in the U.S. Argentines and Chileans almost universally have the easiest immigration experiences.

Hi @S2N thanks, for the advice, this will definitely be our course of action, I will keep this post updated with our advances so other people can use it as reference.

[S2N 594]

Just now, Edototo said:

Hi @S2N thanks, for the advice, this will definitely be our course of action, I will keep this post updated with our advances so other people can use it as reference.

Please do. With the current state of politics in South America — Kast and Milei in the Southern Cone, crisis in the north on several fronts — I suspect your specific circumstances might become more common.