SA&JG

When did you send it?

If you are speaking to me, we our AOS concurrent filling was received July 13th.

For everyone who has received NOA1 so far. Where has your case been sent to? Ours is at MSC (national benefits center) NOA1 came 4 days after via electronic mail, no snail mail for the I-797 and our case status still does not work online.

Anyone else similar?

Oops, today was a good afternoon. We received our 3 hard copy NOA1's in the mail. They where dated July 16, 2016.

Now for anyone else who has received these... Ours has a priority date for the i-130 and i-485 of July 13 same day as received... Does this priority date mean anything?

For everyone who has received NOA1 so far. Where has your case been sent to? Ours is at MSC (national benefits center) NOA1 came 4 days after via electronic mail, no snail mail for the I-797 and our case status still does not work online.

Anyone else similar?

Bump for OP's concerns?

I will try to contact my lawyer today, other wise I will be back in the US next week and look into filling at that time.

NO... Entering on a Tourist Visa with intention to work is Visa Fraud and is illegal. I believe your only option would be to stay in the Philippians until you can obtain a work Visa.

It is illegal to come into the USA with a tourist Visa and work with only a tourist visa. Do not do this!

You should ask the company to sponsor you for a work Visa. However this can be a long process.

USCIS is United States Citizen and Immigration Services

All the paper work will be easy to do, my tax documents and all other relevant documents are already in hand, I have been preparing for this and the I-130 filling for a while. But then I just felt shutdown after my lawyer told me about this 30/60 day rule. It does appear to be a real rule... see updated 05/20/2016 document from https://fam.state.gov/fam/09FAM/09FAM030209.html

But if you read it as a Black and White document, and follow it to the tee. My wife (we have been married almost 7 months now) has not entered and within 30/60 days be Marrying and taking up permanent residence. She will only be taking up permanent residence. So i am becoming more comfortable with this everyone. I will discuss with my lawyer today and tell her about all of this and see if she will apply for AOS for us without refuting our case.

But since we are within about 7 days of passing this 30 day mark, i think we will wait for this at a minimum... Just to be on the safe side of caution.

From Paragraph g(2):

(U) Applying 30/60 Day Rule When Alien Violates Status: You should apply the 30/60-day rule if an alien states on his or her application for a B visa, or informs an immigration officer at the port of entry (POE), that the purpose of his or her visit is consistent with B status and then violates such status by:

(a) (U) Actively seeking unauthorized employment and, subsequently, becomes engaged in such employment;

(b) (U) Enrolling in a full course of academic study without the benefit of the appropriate change of status;

© (U) Marrying and taking up permanent residence; or

(d) (U) Undertaking any other activity for which a change of status or an adjustment of status would be required, without the benefit of such a change or adjustment.

(3) (U) Inconsistent Conduct Within 30 Days of Entry: If an alien violates his or her nonimmigrant status in a manner described in 9 FAM 302.9-4(B)(3) paragraph g(2) within 30 days of entry, you may presume that the applicant misrepresented his or her intention in seeking a visa or entry. For a finding of an inadmissibility for inconsistent conduct within 30 days of entry, you must request an AO from CA/VO/L/A.

(4) (U) After 30 Days But Within 60 Days: If an alien violates his or her nonimmigrant status more than 30 days but less than 60 days after entry into the United States, no presumption of misrepresentation arises. However, if the facts in the case give you reasonable belief that the alien misrepresented his or her intent, then you must give the alien the opportunity to present countervailing evidence. If you do not find such evidence to be persuasive, you must request an AO from CA/VO/L/A. (See 9 FAM 302.9-4©(2)).

(5) (U) After 60 Days: If an alien violates his or her nonimmigrant status more than 60 days after admission into the United States, the Department does not consider such conduct alone to constitute a basis for an INA 212(a)(6)©(i) inadmissibility.

If she is adjusting in the US she doesn't need to show ties to her country. She needs evidence to prove she entered the US legally and that you two are officially married.

Are you not in the US with her? if not, this may make it a bit more difficult for her. There is a lot of leg work involved from the USC and the immigrant. You have to submit Affidavits of Support with taxes, bank statements, and pay stubs. Also, official copies (3 is suggested) of your marriage certificates needs to be obtained and sent. She also has to have a medical and biometrics done via appointments.

All of this is doable. But it would be better to have you with her during this process.

I work a rotational job, so i am in Angola for 8 weeks and home for 2 weeks. I think she can handle all the leg work. But is there anything required by me to take care of in person? Such as an interview?

You all have provided me with great information today, and i feel this may be our best option with getting her back to work soon as well as starting our life in the states earlier than we thought.

Thank you!

What would you consider evidence in this case? She came to my home just to hang out and take care of the home while I'm working in Angola. I will visit her later this month, and then in July her family is visiting Orlando theme parks so she will go with them.

Just curious as we don't really have any tangible/hard copy documents showing any of this. And since her job was lost she cant show that item as proof tying her to Brazil, and we worked together in Angola so the only thing the is a tie for Brazil is her parents house where she stays on her off days from work. And ultimately will return to once her 6 months are up.

Is there no way that this process can go wrong with-in the 30/60 days? I have found a lot of information that deems it a fairly strict rule/guideline, although it cannot be the legal determination to decline.

She entered with no intent to immigrate, but at this time she doesn't know exactly what day she will be returning to Brazil.

She was not thoroughly inspected at immigration like she has been in the past. One time she was IMO harassed and treated like she was attempting to immigrate or commit Visa fraud.

She has entered/passed through the US dozens of times in the last few years off of this tourist visa.

So, to summarize: You are a USC, your wife (Brazilian) is currently in the US after entering legally on a tourist visa, her employer will not sponsor a work visa - but will give her employment within the US if/when she is eligible to work?

Yes, she entered 3 weeks ago, and per our latest correspondence with the company she will likely have a job once she has a work permit.

Does your wife have any urgent business outside the US? If not, you should look into filing for adjustment of status while she is here. This is legal since she did not enter the country with the intention to stay. She will have her EAD within approximately 3 months after filing. Is her company willing to wait that long?

No urgent business, she is planning to stay her full 6 month tourist visa limit.

I have considered adjustment of status, but when i spoke to my immigration lawyer she informed me that if you file within 0-30 days of arrival it is immediately deemed Visa fraud as she must have entered with intent to immigrate.

The company probably would wait 3-4 months.

The guide for this process is posted here:

http://www.visajourney.com/content/i130guide2

Hello all,

I have ran into an odd situation.

Background:

My Brazilian wife is an engineer at the same American company that I work. We were initially going to try and get her Green Card through the typical fashion and wait out the 12 months it usually takes for the I-130 to be processed. But she was recently placed on "Holding" status (read unpaid leave) with our American based company. So now she is at my home in the US on a tourist Visa just waiting on our company to find her a job.

Problem:

The issue we are facing is that our company doesn't have any more international jobs in the near future. But has many US based projects. We are trying to find the fastest way to get her back working, preferably in the US. Our company is not co-operating with providing her a work visa, as they tell us it is to costly... I think HR is very confused on what is needed. As they are saying we can have her EAD within a few months based off of her family green card.

Solution:

Is there any work visa's that have ties into the family based green card that can help expedite the process? Especially since she is a Specialty employee with a Bachelors equivalent? Or can anyone suggest a quick route based on our current situation?

This is a great website with lots of knowledgeable people, so I'm sure we can figure out a good solution.

You can file from abroad and there is a possibility that your case will go through USCIS faster because you file from abroad. I filed from Vietnam which also has a pretty unreliable mail system. I called the USCIS while my petition was there and they told me I can give them my parents (or anyone that you trust) address in the US and they will send all important documents there, but they put a note that my residence was still in Vietnam. I hope that helps some.

This is great information to hear. I do hope we can fall into similar circumstances as you.

Can you provide further details, about when you say file from abroad what are you referencing? Mailing the form from Oversea's or filing as normal, but have an international address on the I-130 when filled?

Which address did you use on your I-130 when you sent in the form to the lockbox? What about your spouse's address?

I have a house in the US, but only visit every 2-4 months. It is maintained by my parents.

Wow that is good information to have. So what is the next steps? I have been following this http://www.visajourney.com/content/i130guide1 guide, thats where i got the Of-169 and Of-230 from. Someone smarter than me should update the Visa Journey guide.

Also, I agree with what you say "Use the overseas address on all applicable forms." but such sophisticated systems don't exist where i am. And for that, this is what has me so confused.

Will any forms be mailed to us after the I-130 is approved? Is there an updated guide i can follow to reference this myself?

Hello all,

First time posting but long time reader. Thanks for all of the great information to date.

I am looking to file the I-130 for my wife (Brazilian) and I am having troubles deciding what is the best method. I understand that all are slow, but still want to make sure i go about this long process the best way possible.

We are both Expats working abroad in Angola. I have contacted the Angola US embassy, to which they rudely advised me, they do not accept I-130 to be adjudicated in their office. Unless exceptional circumstances are met, which are not the normal per most embassy's (quoted from their website: Petitioners residing overseas must file immigrant visa petitions (Form I-130) with the USCIS Chicago Lock Box. The U.S. Embassy in Luanda can only except petitions in strictly defined exceptional circumstances. Consular officers may accept I-360 petitions from widow(er)s of deceased U.S. citizens and I-600 adoption petitions from U.S. citizens when accompanied by an approved from I-600A.) To me this reads as they can accept the normal USCIS exceptional circumstances. But they advised they can only accept I-130 from widowers and adoption petitions, this information is for the different forms not the I-130.

My question is, what is our best path forward?

I can mail the I-130 to the Chicago Lockbox the next time I'm in the US, but what happens after that. How will they mail forms Of-169 and Of-230 to my wife here in Angola? The mail system here is literally nonexistent. What address do either of us put on the form I-130. We will be finishing here later this year and moving back to US, of which i have maintained a permanent domicile.