lel_90

7 minutes ago, geowrian said:

Do NOT do this. This is clear visa fraud. You cannot enter with intent to stay / adjust status on  a tourist visa.

 

K-3 is obsolete. CR-1 would be the only marriage-based path for you.

So then there's basically no such thing as adjustment of status anymore? And we've been married more than 2 years, so not CR-1 as far as I can tell.

Hi everyone, my husband is Jordanian and we've been married almost 3 years. Up until recently, we were planning to apply for an IR1 visa while he's in Jordan and I get our life set up in the US. Circumstances changed a bit and now we're thinking it may be best for him to just come to the US and do an adjustment of status instead. Do we need to apply for a K-3 visa, or is there a way to do it if he was to come on a tourist visa? I know that's not what tourist visas are intended for, but it seems like there is a pathway to do it like this, and I just want to know what our options are so I don't mess anything up. Also, how long does it take to get a K3 visa?

Thanks, and sorry if this is a basic question. I'm beyond overwhelmed.

23 minutes ago, Jorge V said:

DCF is allowed in Jordan and I strongly recommend it. In general the requirement for DCF is legal residency of 6+ months and makes no mention of work permit. You should contact the USCIS field office in Amman ( https://www.uscis.gov/about-us/find-uscis-office/international-offices/jordan-uscis-amman-field-office ) and ask. Field offices are usually somewhat responsive.

 

The above website also has information about the I130. Here are a couple of interesting bits:

 

You should be able to leave after NOA1, though NOA1 isn't approval of the I130, only acceptance of it (basically acknowledgement that they have received it and will add it to their queue). NOA2 is approval of the I130.

Thanks! I didn't see the bit about getting a letter to establish residency on that page before. I'm writing to the field office now, but do you have any idea if they might ask for more documentation between NOA1 and NOA2 - and if I were to move back to the US, would it be possible to submit the requested documents? In other words, does RFE come before or after NOA1?

I should also add that we've been married for over two years now.

Hi everyone. I'm getting ready to file the I-130 for my Jordanian husband later this month. I thought I would file through the DCF here in Amman, after reading that that might be the easier process, and that I'd be free to move back to the states after receiving the NOA1 (approval of the I-130 petition). However, I've been reading on here and some people say in order to file through the DCF, I would have to have a Jordanian residency card and work permit for at least a year (I have the residency card, but no work permit), and that I'd have to stay until my husband gets his interview. I've been living in Amman for three years, have already started looking for work in the US, and am keen to be able to move if I get an offer. I could hopefully wait until receiving the NOA1, but waiting for the interview could be several months.

The other potential snag to filing DCF is that my husband works in Saudi Arabia; he travels often to Amman and it wouldn't be a problem to fly back on short notice for his interview, but I don't know if that will look bad to them.

What do you think, should I try to file here, or wait until I'm living in the US and file from there?

Thanks in advance.

5 minutes ago, geowrian said:

1. K-3 is obsolete...it's a relic from back when the CR-1/IR-1 was taking multiple years. Very, very few are issued anymore (due to USCIS and NVC processing policies).
2. Even if the K-3 somehow made it through USCIS and NVC, it's currently only a couple months faster and much more expensive, has more restrictions (i.e. no work for months after entry), and will take about a year longer to get the actual green card (and therefore a year longer wait to naturalize).
3. You can only file for AOS within the US, and you cannot enter the US on a tourist visa with intent to file for AOS.
4. You will need to show a bona fide marriage.
5. You must be able to financially support him so he will not become a public charge. The I-864 requires a minimum of 125% of the poverty level for your household size in income. Assets can be used instead/alongside income at a 3x multiplier.
   1. Income must continue from the same source upon return to the US to be considered.
   2. You must have filed at least the last 3 years of taxes, or provide an explanation as to why you were not required to file taxes (i.e. income below the filing threshold). Note that USCs and LPRs are taxed on worldwide income.
   3. A joint sponsor (USC or LPR in the US) can complete an I-864 alongside your I-864 if you don't meet the requirements.
   4. You must have, or show sufficient intent to establish, US domicile before the visa can be issued. Note that domicile does not just mean having somewhere to sleep. The housing arrangement with your mother is good to include, but is probably insufficient as the only evidence of intent to establish domicile.
6. As for when to file, the current timeline is about 12-14 months from filing to interview. The visa is valid for 6 months from the medical. That said, you can easily delay the process at NVC for up to a year.

I would also suggest looking at doing DCF in Jordan. Given his living situation, the embassy may not permit it. But if they do, expect the 12-14 months estimate to be more like a few months instead. This gives you a little more control of the timeline as well.

Thanks very much for the thorough answers. A couple more questions: when talking about intent to establish a domicile, what else would I need to establish? Would it help if I had a job offer in the area or something?

As for income coming from the same source, does that mean I have to have the same job or something? I do consultant work so that might be tricky, although I could show my taxes.

And regarding his living situation, we wouldn't have a problem with him flying home for a scheduled interview or something (he comes home a couple times a month), but would he get in trouble for traveling outside of Jordan during the process? I hope this doesn't mean we can't travel at all!

Thanks again.

Hi everyone, I'm new to this site and the process, so bear with me. I'm sure some of my questions have come up elsewhere, but I'm just overwhelmed.

I'm a US citizen, my husband is Jordanian, and we've been living in Jordan for 3 years. Our 2nd wedding anniversary is coming up in 3 weeks.

Since his tourist visa is expiring, we want to apply for some sort of spouse visa, but I don't know which is the better route to take. I don't think we want to move to the US for another 2 years (we have family concerns here), so I'm nervous that if we apply for the IR1, it'll take about a year and then we'll have to go right away. But I'm also afraid immigration laws could become much more restrictive and difficult in that time period.

My dad has offered to be a financial sponsor if needed, and I could use either his house or my mom's house as my domicile in the US.

If we apply for K3, can we apply for adjustment of status later on from Amman, or would he have to move to the US first? Also, could he travel with me to the US on a K3 visa to visit my family, or is it intended that you're supposed to move to live in the US on that visa?

The other thing is, my husband and I maintain a house together in Amman, but he works in Saudi Arabia and is there most of the time. Will this reflect poorly on our application?

Thanks for any advice!