Carolina0226

4 minutes ago, Pinkrlion said:

After you become a US Citizen

No, I am a Green Card holder since 2017.

2 minutes ago, OldUser said:

I-485 can only be filed if he could adjust status in the US, but he cannot

Under which circumstances would the I-485 applicable? I am not insisting that I should, I am just confused.

3 minutes ago, Jorgedig said:

NO.   He CANNOT come back as a tourist and adjust status!   That’s fraud!

 

You need to carefully read through this thread and website.   He will be applying for an immigrant visa at an overseas consulate.   It will take around two years.   During that time, he can visit if allowed in by CBP.   He CANNOT adjust status/move here through the B2.

I see. So from my understanding it would be better to also complete and send the I-485 while he is not in the country. Thank you!

4 hours ago, Crazy Cat said:

File the I-130 and I-130a.  The I-485, I-765, and I-131 are not applicable since he has left the US. 

So the process would take as the following:

1) I-130 and I-130a (while he is outside of the US)

2) Following approval I file the I-485, I-765, I-131, and I-693 (it is crucial that he is not in the country while I send form I-485, or it would be considered fraud. Moreover, do I complete and send the I-693 along everything in step #2?)

3) Interview?

EDIT: I am truly grateful for all the helpful answers, this is helping understanding a bit more the required steps for this process.

31 minutes ago, Demise said:

Actually OP I have one question for you - where is your husband in right now. Is he in the United States on his B-2 or is he in his home country right now?

He just left today back to our home country (he did not overstay). Hence I got desperate and overwhelmed with the steps for his Visa.

We are wondering if I should just complete the 130, 130a, 485, 765, and two separate 864 (as we have a joint sponsor) while he is there, or... If I should wait until he comes back in 4-5 months.

On 12/3/2022 at 11:56 PM, Demise said:

Why not? B-2s can AOS assuming their period of admission is still valid and F2A is current (which it is). If he entered on a ESTA/VWP then yeah I'd agree with you because 245(c)(4) prohibits that for F2As. If he were to overstay before filing then 245(c)(2) would prevent adjustment as an F2A. I also don't smell any "entry on tourist visa with intent to adjust" here either because we wouldn't be having this thread of "hey, is this possible to do".

 

So presuming he is still in valid B-2 they could file the whole AOS package (I-130, I-130A, I-485, I-765, I-131, I-864, and I-693) and adjust in US. Pending I-485 will put him into period of authorized stay while that's being processed, the only caveat is that he'll be unable to leave until at very least the I-131 for advance parole is approved. The important thing is that it gets to USCIS while hisT period of admission (as per his I-94 and/or admission stamp) is still valid.

 

@TBoneTX care to explain what's up? I see @dwheels76 talk about an overstay but OP neither said that nor affirmed it. I don't see any other blocks, so what the 8***?

Thank you so much for your input!
As a side question, do I need to file the I-693 after we have a date for our interview or is it advised to file seven forms at once?
 

3 minutes ago, dwheels76 said:

So you are adjusting his status which means he can not leave. You are a green card holder which means overstays are not forgiven for spouse. So ditch the I-485. You only file the I-130 for consulate interview. He can not overstay his visa.

So the initial priority would be filing for the I-130 and I-130A (regardless of where he is located at the time), and only when approved we start thinking about the I-864, I-765, and I-693?

1 hour ago, TBoneTX said:

It won't be.  He must interview in his home country.

I am probably missing something, I apologize for the stupid questions. I know a couple of acquaintances that are waiting for their process while living here. But the differences probably lay on where they got married and the citizenship status of their spouses. What am I missing? :S

3 minutes ago, JayFromTexas said:

You are a legal permanent resident. Also a legal alien. You are not a citizen.

Thank you for the clarification.

7 minutes ago, nastra30 said:

What is an alien citizen?

I am a Green Card holder

5 minutes ago, TBoneTX said:

Yes.

Not one minute longer, and leave a couple of days before expiration of that time to allow for emergencies (weather, flight cancellations) in regard to his leaving the U.S.

Even if his I-485 gets approved before his allowed time in the country expires?

I am an alien citizen and I want to apply for my husband's Visa. We got married early this year in our native country. He is on a B2 Tourist Visa, so he can stay up to six months.

Can I submit the I-130, I-130A, I-864 and I-485 while he is in the US, and if the I-130 gets approved can he stay for longer than six months?

I am very lost, so any help is appreciated.

1 hour ago, Chancy said:

 

His allowed duration of stay is for the CBP officer to decide at POE.  It is not automatically 6 months.  Most travelers on B2 get 6 months, but some get a shorter duration.  There was a recent case reported here on VJ of a B2 visa holder who was forced by CBP to re-book his return ticket to an earlier date before he was allowed entry.  Then the CBP officer only allowed him 1 month to stay.

 

Hopefully it won't happen. All we can do at this point is to say the right words. If he needs to rebook his return ticket, we shall do it.

12 minutes ago, Carolina0226 said:

I am a bit confused now. He has a B2 Visa. He can stay up to six months, without working.

We are travelling together, and on the immigration line at the airport I will show my Travel Doc, Passport and Greencard.

He will show his passport and tell them he will spend time with his family and will return to his father's place in Brazil, where he has a business under his name.

He has done this before, without any issues.

We have not filed anything yet!

Besides, he doesn't plan to overstay. I will, and will take care of the necessary documentation with his mom and stepfather.

18 minutes ago, carmel34 said:

Your husband could be allowed to enter the US when he travels with you, using his tourist visa.  It is up to the discretion of the CBP officer whether he can enter, and for how long.  They can approve, via the I-94, how long he can stay if admitted.  He should always be completely honest when stating the purpose of the visit and the duration, disclose all of his relatives in the US, and have a return ticket and proof of strong ties to Brazil (job, property, apartment lease, etc.) if asked.  All tourist visa holders are questioned by CBP with the assumption that they may stay in the US longer than authorized, or stay and adjust status.  Many Brazilians have done this in the last few years, so it makes it more difficult for legitimate short-term visitors to enter the US.  I suggest that he says to the CBP officer that he will stay for 2-4 weeks maximum, then he should go back to Brazil and wait out the spousal visa process (1-2 years).  If he says 6 months it will likely raise suspicion and lead to more questioning.  Some are taken in to secondary inspection and their luggage and phone are searched.  He can always return and visit you for short periods while waiting for his spousal visa interview in Rio, or you can do the same and go visit him in Brazil.  The fact that he has a stepfather, mother, and wife in the US will make it more difficult for him to convince the CBP officer that he has strong ties to Brazil.  Also don't forget that entering the US with a tourist visa, with the intent to stay and adjust status based on his marriage to you, is visa fraud and could lead to serious problems down the road.  Overstays for a tourist visa holder, married to an LPR spouse, are not forgiven.  Good luck!

I am a bit confused now. He has a B2 Visa. He can stay up to six months, without working.

We are travelling together, and on the immigration line at the airport I will show my Travel Doc, Passport and Greencard.

He will show his passport and tell them he will spend time with his family and will return to his father's place in Brazil, where he has a business under his name.

He has done this before, without any issues.

We have not filed anything yet!

3 minutes ago, JeanneAdil said:

you can not make plans to travel here on tourist visa and AOS

planning this is immigration fraud

 

We haven't filed for anything yet... He will be visiting, I will stay in the country (Greencard owner) and file the documents.

45 minutes ago, JeanneAdil said:

is husband in the US on tourist visa now?

or outside the country?

the proceedures are different depending on his location

We are both in Brazil, our native country. I have to return to the US (or else my Travel Document witll be expired) so he is spending six months there with me, his mother (Greencard holder) and his stepfather (American citizen).

We will file everything once we are there.

I want to start the process but am a bit unsure on how to submit these forms. I don't have a substantial income yet, so my husband's stepdad ( he is an American citizen, my husband only has a visitor's Visa) would step in as a joint sponsor.

Do we submit the 130 and two 864 forms (one for me, the primary sponsor, and one for his stepfather, the joint sponsor) concurrently?

And one info that has been conflicting, depending on who we talk to: should we make an album with our pictures?

50 minutes ago, powerpuff said:

~ Moved from K3 Visa forum to Bringing Family members of permanent residents to America as OP is a green card holder and thus applying for F2A visa, not CR1/IR1/K3 ~

Is it possible to delete this post so I can make another one, with more details?

My husband (we got married recently 😀) and I want to file the I-130 when we get to America (I will live there as a Greencard holder and he will stay for six months, he has a B2 Visa).

He is a Brazilian and French citizen, his mother is a Greencard holder and his stepdad is an American citizen, former Marine.

What documents would be required for him to have? Such as criminal records.

Thank you in advance!

5 hours ago, African Zealot said:

The earlier you marry him and petition for him, the quicker he will be able to join you in the USA. You can just do a quick court ceremony (in order to file) and have an elaborate wedding later if time is of the essence.

 

Since he already has a visitor visa, he can be visiting you in the USA as the process proceeds although him being unemployed is problematic and an aggressive immigration officer at the airport could revoke his visitor visa and turn him away. Being unemployed is never a good thing when it comes to immigration.

What is the average waiting time after we file I-130? After that would someone contact me at my home address?

27 minutes ago, Cathi said:

Las Vegas is in Nevada. Las Vegas, Nevada

There is Las Vegas in NM as well.

27 minutes ago, PaulaCJohnny said:

 

He cannot came to the US with the intentions to marry and adjust his status. This is immigration fraud.

 

He can come and marry you and travel back to Brazil, you can file the spouse visa and he will be waiting there for the process to get ready.

 

Be careful with plans to “jump” the line because this can bit you and your now boyfriend hard in the future. Doing things the correctly is always the best way.

 

 

I think I didn't explain my intentions clearly. I apologize for that. I wanted to know the *correct and legal steps*. Also, what would be best: to marry in the US or just get over with it and marry in Brazil?

I will try to give some of the backstory:

Basically I am Greencard holder (Brazilian, got from my mom who is now an American citizen) before I turned 21. I am turning 25 in a month. I am currently in Brazil and plan to return to the US (Providence, Rhode Island) in a few months (I have a Travel Document, which expires on April 5th, 2023, but of course I won't be there that late).

My boyfriend, on the other hand, has a B2 Visa, and is 26 years old. Although he has a French passport (his mother is French), he was born, raised, and is currently living in Brazil. He is unemployed due to personal reasons. His mother is a Greencard holder, married to an American citizen (have been together for about 12 years and officially married for 4 years), and is on her way to become one as well. They have recently bought a house in Las Vegas, New Mexico. Her husband is a Marine veteran (served for 36 years) and she is currently studying English and focusing in teaching French in the US (she was a teacher in Brazil for more than 20 years)

We want to be together. I want to bring him to the US and I suppose it all starts with us getting married. But... What's next? There is so much information scattered around that I am left truly confused. Can someone shed me some light?