
Carolina0226
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Carolina0226 reacted to Demise in Can my husband stay in the country while I start applying for his Visa?
I-485, I-765, I-131, and I-693 are not applicable in this case of consular processing.
You will file I-130 and I-130A, wait for approval on the I-130, wait for USCIS to pass the approved I-130 to National Visa Center, which then will pass it it to the consulate abroad. Then you or your spouse will get a letter from DOS to file DS-260 and I-864 with the Department of State. For medical it has to be done abroad by a panel physician that's authorized by the consulate to perform these. I have no idea what form they use for it. Then your spouse will get their consular interview date, attend it, get his F21 visa, then he gets onto a plane, comes to US, and will be a permanent resident as soon as he gets through customs.
So basically for now, just file I-130 and I-130A and everything else will come later.
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Carolina0226 got a reaction from SalishSea in Can my husband stay in the country while I start applying for his Visa?
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!
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Carolina0226 got a reaction from OldUser in Can my husband stay in the country while I start applying for his Visa?
No, I am a Green Card holder since 2017.
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Carolina0226 got a reaction from OldUser in Can my husband stay in the country while I start applying for his Visa?
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!
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Carolina0226 got a reaction from OldUser in Can my husband stay in the country while I start applying for his Visa?
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.
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Carolina0226 reacted to SalishSea in Can my husband stay in the country while I start applying for his Visa?
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.
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Carolina0226 got a reaction from SalishSea in Can my husband stay in the country while I start applying for his Visa?
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.
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Carolina0226 reacted to Demise in Can my husband stay in the country while I start applying for his Visa?
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 his 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 ****?
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Carolina0226 reacted to Letspaintcookies in Can my husband stay in the country while I start applying for his Visa?
This might be helpful:
Since your spouse will go through the process overseas ( he can surely visit but not wait it out in the US ) you don't need to worry about the I-765 and I-693. The I-864 will be needed later in time, yes.
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Carolina0226 got a reaction from Mike E in Can my husband stay in the country while I start applying for his Visa?
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.
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Carolina0226 got a reaction from JayFromTexas in Can my husband stay in the country while I start applying for his Visa?
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
Thank you for the clarification.
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Carolina0226 reacted to African Zealot in Greencard-holder bringing boyfriend to the US, overwhealmed and confused
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.
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Carolina0226 reacted to Timona in Greencard-holder bringing boyfriend to the US, overwhealmed and confused
Before you leave Brazil, marry and file I-130 online for him. That's where you start.
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Carolina0226 reacted to PaulaCJohnny in Greencard-holder bringing boyfriend to the US, overwhealmed and confused
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.