Gisselle Villegas

On 8/29/2022 at 2:29 PM, lvjeremylv said:

Hi everyone,

 

First off let me say thank you to the people that put sites like this one together and to those that spend their time providing much needed information to those in need of it. Often your words of advice and encouragement are invaluable, so well done.

 

Ok. I'm new to this site but I'm not new to immigration forums. Without too much detail here's my story....

 

I'm a US citizen married to my UK citizen wife. We met when I was in the US and we were in a long distance relationship for 5 years. We got married in 2017 and I moved to the UK on a spouse visa. I subsequently obtained further leave to remain (FLR(M)), and in just a couple of months I'll be filing for my indefinite leave to remain (ILR) and once that's completed, I'll be applying for British citizenship. Once that's done, we want to move to the US.

 

So a few questions. I have read conflicting information about how exactly we can go about doing this. I believe the first step is filing the I-130 online. Is that correct?

 

Some places seem to suggest we could travel to the US together and file the I-130 as well as the I-485 (Adjustment of Status) at the same time. But then others say no, we would have to file the I-130 while here in the UK, wait for it to be processed, go to the consulate, and go through the procedure while remaining in the UK.

 

A lot of conflicting information and it's hard to know what's true and what's not. Any details that you could provide would be greatly appreciated. Basically what we want is to move to the US as soon as possible and (ideally) without having to be apart for the process.

 

I will have more questions but I'll await some feedback. Thank you very much in advance!

 

Jeremy

Hi, I'm a US citizen who married abroad and also lived abroad in my husbands country (Costa Rica) for 25 yrs.  I did all the paperwork from Costa Rica without having a job, property or even a bank account in the US since all of our assets are in Costa Rica.  My brother and my sister in law served as joint sponsors, we submitted photos, affidavits, the US address we added was my brothers and it took 2 years for the whole process to be completed.  It would have been less time but we went on hold for about 8 months because we still weren't 100% convinced on moving to the US.  Anyway, the process is tedious but pretty simple and as long as you follow the guidelines step by step it'll be a slam dunk.  You start with the I-130 and go from there.  No need to leave the UK and once your wife gets the temporary visa stamp on her green card, she can work as soon as she enters the US with you.

On 3/2/2022 at 5:26 PM, Jorgedig said:

Right, so you will need to research where you can both travel to as tourists and legally marry.  That is beyond my pay grade.  It may be more complex than you imagine, so good luck.

 

As far as I know, she can potentially be interviewed at a US consulate in any country where she has legal status.  In terms of which countries would allow her to move there now, given the current situation, also beyond my pay grade.

 

Good luck.

I'm thinking that since they can both work remotely, perhaps Costa Rica would be a good option?  Look into it.  I know they have extended benefits to digital nomads and I also know that many US citizens arrive with their foreign spouses to marry there.

8 minutes ago, dwheels76 said:

Hmmm okay same place yo checked status of your I-130 on case status screen. Login if u have account setup. Or setup account and check status.

The receipt# is the # you got when you paid.

https://egov.uscis.gov/casestatus/landing.do

I went in and this message came up "On October 29, 2021, we received your USCIS Immigrant fee payment for your Permanent Resident Card related to your immigrant visa. We will be processing the request for production of your Permanent Resident Card. You should receive your Permanent Resident Card within 90 days of your entry into the United States or within 90 days after your USCIS Immigrant Fee payment is received. If you do not receive your Permanent Resident Card, contact the USCIS Contact Center at www.uscis.gov/contactcenter. If you move, go to www.uscis.gov/addresschange to give us your new mailing address"........    So I guess the only thing left is to wait the total 90 days and then contact them.  Thanks for the link!

5 minutes ago, dwheels76 said:

what does the status say when you check it?

 

We haven't looked into CEAC since husband had his Immigrant Visa approved by the US Embassy back in September.   We submitted the paperwork we had to the immigration officer when we enterd the US in November, he said all was good, told us he should be getting his SS card in the mail in a week or up to three weeks later but the GC will take longer to arrive.  We've been married for over two decades so he will be getting a 10 yr GC.  If there is a way of finding out the status of the GC, then what page do I have to get into to find out?  CEAC only says case file is closed after all documents were sent to the US Embassy.

16 minutes ago, dwheels76 said:

It comes when it comes. Most come 30 to 60 days but many have been waiting longer
When did you pay the $220 green card fee?

We paid it online a month before moving to the US

Hello all,  we are already settled in the US, my husband is working and he already has his SS.  What we would like to know is how long is it usually taking for the physical Green Card to arrive in the mail.  He always his Passport with him to show the Temporary GC stamp if needed but it would be nice and much more practical to just have his card.  We arrived Nov. 23rd. of last year, SS card was received a week later.   I know they say to expect the receive the GC "no later than 120 days after entering, but has anyone received it no later than 90 days?  Thanks in advance for the info

1 hour ago, James D said:

Don't forget to pay the GC fee ASAP also.

I did that 2 days after he was approved and printed out 2 copies as well.   

7 minutes ago, Kor2USA said:

Interesting... 

You didn't share any ties to the US? 

No US bank accounts, driver's license, rental agreement for the States or any other documentation showing where you were planning to live in the States? 

 

I

No I did not.  I've been living in my husbands country for almost 30 yrs so all bank accounts, license properties, etc. are where I (we) have been living all these years.  Like I mentioned, each case is different.  This is why (and I am forever grateful), that I asked the question on the Forum because I thought it wouldn't be a problem but we will definitely enter the US together.   My only concern is him getting a SS number as soon as possible since he has already signed up for a job.  

15 minutes ago, Kor2USA said:

What proof of domicile/ intent to re-establish domicile did you provide at the NVC stage with your I-864? 

I have property in my name in my husbands country and I used the value of the property to be able to sponsor him.  Just to be on the safe side, I added family members in the US as co sponsors.  Other than that, I didn't add any more proof.  I don't know if they look at the overall profile of the beneficiary to make a final decision like his level of education that proves he will definitely not be using any federal financial help but I think in our case it mostly had to do with the amount of years we have been together to discard fraudulent marriage.   Each case is so unique.

9 hours ago, Dede Ferreira said:

Make sure you pay the GC fees $220 before you leave your country. The paper you received with your passport states that you can pay it after you arrive, but it will take longer to receive your green card. Also, make sure you print the receipt and save it. I know at least 2 people that received a letter from USCIS requesting the pay again.

It's been paid and we printed out 2 copies.  🙂

5 hours ago, Gii78_GeeMadbouly said:

And how was your proof of domicile then? Did the consular officer asked you about it to make sure you'll reside to the US

My husband says they never asked during his interview.  The consular only asked 2 very basic questions, how many years married (24yrs) and if I was a US citizen.  After that he told him he was approved.   I think it was very clear through all the paperwork that I am a housewife who occasionally works and he is the main provider so it was obvious to them that I would be returning to the US with him. 

8 minutes ago, top_secret said:

Just to throw in a current timetable.  My wife and stepdaughter arrived at LAX a week ago Tuesday night 10/26.  Social Security cards showed up in my mailbox earlier today, Tuesday 11/02.  So 7 days exactly from POE for the SS cards to be delivered.

 

The CBP Officer processing them at LAX had a rather sarcastic outlook towards his collogues at USCIS and told my wife it might be 6 months or more for the Green Cards to show up, if at all, and she may need to call USCIS a few times to nudge the process along since they are being so slow lately,,,, but that she is fine to travel with just her stamped visa.

Thanks for your input.  Right now we aren't so stressed about the physical Green Card.  All we are interested in is for my husband to get his SSN as quickly as possible for things like a salary, opening bank accounts, acquiring a US credit card among other things.   This was solely the only reason why he was intent on flying to the US this weekend and returning the following day (activate the process).

23 minutes ago, Mjc2021 said:

Hello! I just entered the US moments ago for the first time with my temp green card (IR-1). I currently have a L1-A work visa and my temp visa has the same wording as your husband’s. 
 

When I just went through immigration processing they told me:

 

1. My husband must be either accompanying me into the US or already at our home in the US. He’s at our home in California. I was asked/told this by two immigration officers at the airport. 
 

2. They told me to avoid leaving the US until I have my actual green card. They said I can of course leave but it’s complicated, so I should wait until my green card comes back in the mail. 
 

I’m a Canadian Citizen and have been married for 6 years (we lived in Canada preciously). 
 

Since I have lawfully lived and worked in the US since December 2020 with an L1 visa, I already have a SSN, but I was able to start work and receive income while I waited for it upon my L1 entry since everything was very slow to process with COVID. 

Thank you for your information!  It's strange that the Officers would tell you not to travel until you received your physical card considering the temporary Green Card serves the exact same legal purpose as a physical Green Card.  What if you have to travel at least twice a month abroad for work purposes?  I have read on numerous legal pages that you can leave the US with the temporary Green Card stamp as long as the absense is not too extended (over 3 months or more).   I have also read that there seems many officials both from Immigration and Social Security don't quite understand the rules of how things are supposed to work.  We have done all the paperwork without an immigration lawyer but I think having one now would be a good idea so he/she can set things straight.  Another question:  Did you have to show them proof that your spouse was living in the US when they asked you?

On 10/28/2021 at 5:48 PM, Adventine said:

@HRQX is correct. I never requested for an SS number on my DS-260. I applied for the SS after I got my physical green card.

On 10/29/2021 at 9:22 AM, mam521 said:

As per the I-9 work instructions, you do not require a SSN to begin working.  The MRIV in the passport serves as the ID and status requirement as listed on the I-9 instructions.  The SSN is required to report earnings to the IRS.  A company can hire your husband and update his social once it's been received.  

 

The bigger challenge we personally ran into was the local SSA not believing that the MRIV was sufficient evidence to issue the SSN.  They were under the assumption that the physical greencard needed to be in hand.  Untrue according to the SSA and SSA website.  

2 hours ago, Chancy said:

 

Are you in the US?  From your post history, it seems that you're not.  Your husband should not travel to the US on his spouse visa without you preceding or accompanying him.  That's part of what you agreed to when you signed the I-864 -- that "you intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant’s admission".

 

I also forgot to mention that as me being unemployed and living abroad with my husband,  we have two co-sponsors living in the US and its precisely the mailing address location where we requested the SS and GC to be sent to.

6 minutes ago, Marieke H said:

What @Chancy is saying, is that your husband may have issues trying to enter the US on his IR-1 visa by himself while you are still in Costa Rica. It would be better if you could fly with him.

The only thing I found relatable to this particular issue is this from Travel.state.gov  "When traveling, the primary (or principal) applicant must enter the United States before or at the same time as family members holding visas".   The applicant is our case is my husband.  I am the sponsor/petitioner.  If I were to fly with him, wouldn't I have to go through another door with other US Citizens while my husband has to go on his own through Immigration?  At least that is how its always been when we have traveled together in the past.  I pass through quickly while I have to sit and wait for him to pass through.

1 hour ago, Chancy said:

 

Are you in the US?  From your post history, it seems that you're not.  Your husband should not travel to the US on his spouse visa without you preceding or accompanying him.  That's part of what you agreed to when you signed the I-864 -- that "you intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant’s admission".

 

No, my home has been in Costa Rica but I will be going back with home with my husband at the end of November.  Yes, I signed an agreement but this is mainly for the interview purpose so as not to think it was an arranged marriage and the USC will remain in the foreign country while the beneficiary moves to the US to start a new life.  Each IR-1 case is different and in our case, after 25 yrs married and with a daughter, as well as me being a housewife and my husband the provider, it's pretty obvious I have no intention of staying here nor is our marriage fraudulent.   If it were it would also be very easy for me to enter the US with him and then just take the next flight back to Costa Rica.

7 minutes ago, From_CAN_2_US said:

Btw, he does not  require the SSN to start work. He is authorized to work immediately after crossing the border. He can later provide the employer the SSN when it arrives.

Nice to know.  He can work but he won't get a paycheck until he can provide them with a SS #, correct?

Just now, SusieQQQ said:

Yes, it’s fine. 

What a relief!  Thank you!

Hello,

We are selling our things to make the move to the US by the end of November.  My husband who is the beneficiary already has a job waiting for him and plans to start Dec. 13th.  His passport IV Immigrant Visa stamp reads:  "Upon endorsement serves as temporary I-551 Evidencing permanent resident for one year".   According to what we have read in many sites, as soon as he enters the US the immigration officer will go into the system and this will activate the process to have his GC sent to him by mail and the officer will also endorse his temporary Green Card on the existing stamp.  We also submitted DS-260 to the National Visa Center prior to his interview where we chose to have his Social Security number created and sent to the address specified by mail.    To hurry the process of all this (especially the SS No. which he needs ASAP), he is going to travel to Florida this weekend for just one day to the next.  He will return to Costa Rica for 2 more weeks and then we will both move permanently to the US.   Has anyone done this?  Will it be ok for him to come back to his country the next day considering he already has his passport stampled with a temporary GC valid for one year?  Thanks in advance to anyone that may have answers.  

On 10/29/2021 at 1:43 PM, Mike E said:

https://www.ssa.gov/ssnumber/ss5doc.htm
 

“To prove your U.S. immigration status, you must show us your current U.S. immigration document, such as:

• Form I-551 (Lawful Permanent Resident Card, Machine Readable Immigrant Visa) with your unexpired foreign passport.”

MRIV : Machine Readable Immigrant Visa

I was looking through a couple of documents that were sent along with my husbands passport from the Embassy here in Costa Rica, one of them being from SS where it reads that if he had requested a SS# as part of his visa application, then the information will be shared with SS by the US Dept. of State and DHS.  Also, that he doesn't need to fill out applications or go to a SS office.  They will asign him a number and mail the card to the same address where he will receive his physical GC months later.  The letter also says that he would receive his SS card within 3 weeks of his arrival to the US.   He will definitey be taking this document with him in case it doesn't arrive within 3 weeks as they say.  This way there will be no confusions

3 hours ago, mam521 said:

As per the I-9 work instructions, you do not require a SSN to begin working.  The MRIV in the passport serves as the ID and status requirement as listed on the I-9 instructions.  The SSN is required to report earnings to the IRS.  A company can hire your husband and update his social once it's been received.  

 

The bigger challenge we personally ran into was the local SSA not believing that the MRIV was sufficient evidence to issue the SSN.  They were under the assumption that the physical greencard needed to be in hand.  Untrue according to the SSA and SSA website.  

I looked up the I-9 you mention.  The company that hired him is a large company and worldwide so I assume that even though it's not in a very diverse location at the branch where he will be working, the HR Dept. should be aware of the document.   By any chance do you have a link of the section in the SSA website where it read specifically that with just the MRIV stamp is sufficient to recieve a SSN?

49 minutes ago, Adventine said:

@HRQX is correct. I never requested for an SS number on my DS-260. I applied for the SS after I got my physical green card.

My husbands visa was an IR-1.  Seems everyone that commented here didn't really apply for a SS card during the DS-260 filing process (or filled the DS-260 at all) which I understand simplifies and allows the immigrant to get the SS card in a more timely manner.

17 minutes ago, Adventine said:

Probably more. When I booked an in-person appointment at my local SS office, the earliest appointment slot they could give me was 1.5 months away. I tried all the SS branches in my city, but that was the earliest I could get.

 

The good news is, once I presented my documents at my in-person appointment, I got the SS card in the mail in 1.5 weeks.

 

@Gisselle Villegas your best bet is to set the SS in-person appointment now (yes, even if it is still October) so that your husband secures his slot ASAP. Once you land in the US, he can immediately go to the SS office in person, apply for the SS card, AND get an official letter that he applied for it.

 

If all goes well, he will have the SS card in hand by the time he starts his job in mid-December. If not, he will at least have the letter proving he applied for it.

Thank you for the advice.  Just a question:  Did you apply to have a SS number on your DS-260?  Supposedly this makes it automatic for the SS office to send you the card by mail after reviewing your profile through the Home Land Security system once you enter the US.