i130?

[absolut1 2]

forgive me if this is the wrong forum, but im total newbie around here so please bare with me.

My now wife is chinese living in shanghai, came to visit me here in the states in july, we got married, we filed i130 and she left back to her work in china, etc, loose ends to tie up.

Now (october) shes coming here permanently.. i know this is illegal so we will treat this as a longer than normal vacation (shes coming on a b1, so up to a 6 month stay permitted?) while i130 is processing, we indicated for interview (when there is one) my local immigration center.

tell me what is wrong with this scenario.. can she stay here waiting for the i130 to process? as she enters the states can she get an adjustment of status i485?

[Ryan H 3,810]

Entering on a B1/B2 visa with then intent to stay and file for adjustment of status is FRAUD. If she comes in October, she either enters on a spousal visa which will allow her to stay permanently; otherwise, if she comes on a B1/B2, she will have to leave when her authorized stay expires...period, full stop, NO EXCEPTIONS.

If you try to commit fraud, you will get caught, she will be deported, and she will then have lifetime ban from the US with no possibility for a waiver.

If you have already filed the I-130, let the CR-1 visa process work itself out, DO NOT COMMIT OR TRY TO COMMIT FRAUD.

Edited September 21, 2011 by Ryan H

[absolut1 2]

Ryan during the CR-1 can she get any documents to allow her to work in the USA?

also, can she come in on a tourist visa while waiting for a cr-1 to process?

Edited September 21, 2011 by absolut1

[Ryan H 3,810]

Ryan during the CR-1 can she get any documents to allow her to work in the USA?

During the process, the answer to your question is no.

FYI regarding the CR-1 visa: When a person enters the US on a CR-1 visa, that person will be given a green card on arrival in the form of an I-551 stamp, the actual card will arrive a short time later. A CR-1 is an immigrant visa, which means it will not be necessary to file for adjustment of status as an immigrant visa holder is considered a resident once admitted to the US. Furthermore, since a CR-1 visa holder will have a green card on arrival, they are allowed to seek employment after arrival.

[absolut1 2]

During the process, the answer to your question is no.

FYI regarding the CR-1 visa: When a person enters the US on a CR-1 visa, that person will be given a green card on arrival in the form of an I-551 stamp, the actual card will arrive a short time later. A CR-1 is an immigrant visa, which means it will not be necessary to file for adjustment of status as an immigrant visa holder is considered a resident once admitted to the US. Furthermore, since a CR-1 visa holder will have a green card on arrival, they are allowed to seek employment after arrival.

ryan: seems like CR-1 path is about 5 months now?

[Ryan H 3,810]

ryan: seems like CR-1 path is about 5 months now?

Posted times by USCIS from NOA1 to NOA2 is 5 months (actual time could be less or more depending on which service center adjudicates your petition). After that, your file will have to be processed by the NVC; currently, it's about 1 month from NOA2 to having a case number assigned by the NVC. Once your have an NVC case number, you can opt for electronic processing of your file. I opted for electronic processing (EP) and you can read my thread about it in the China forum.

You mentioned in your original post that you have already filed an I-130? How long ago did you file it?

[absolut1 2]

Posted times by USCIS from NOA1 to NOA2 is 5 months (actual time could be less or more depending on which service center adjudicates your petition). After that, your file will have to be processed by the NVC; currently, it's about 1 month from NOA2 to having a case number assigned by the NVC. Once your have an NVC case number, you can opt for electronic processing of your file. I opted for electronic processing (EP) and you can read my thread about it in the China forum.

You mentioned in your original post that you have already filed an I-130? How long ago did you file it?

ryan got the NOA1 july 11

[absolut1 2]

also ryan

from the point of the interview how long does it take to get the stamp? or is it pretty much at immigration office right after the interview?

[Little_My 464]

If she is approved at the interview, she will be issued a visa that will allow her to enter the US. She does not become a permanent resident until she actually physically arrives in the US - once she does, she will ghet the I-551 stamp at POE, which is effectively as good as a green card. The physical card will arrive in the mail within few weeks.

[absolut1 2]

hypothetically speaking, she arrives october, gets the 90 days approval to be in usa, so thats oct,nov,dec. must leave jan 1.

is it possible that the cr-1 is complete by the time she leaves, so she doesnt have to leave... or!

i know illegal but she overstays her 90 days, once we get appointment in guangzhou (china) we simply fly there for a day do the interview and come back with her new stamp.. tell me the issues with this besides overstaying her usa stay.

[caly 48]

Why would you want to even mess with an already difficult consulate? Is it really worth jeopardizing her chances of an approval for that few extra months of being with each other?

If she overstays her visa by less than 180 days, she won't trigger a ban or need a waiver later on. It will likely come up at the interview though. Do not lie. BUT that being said, no one can guarantee that this won't come back to haunt both of you later on.

As everyone has said, do everything the right way. She can certainly fly to see you during the process and stay for up to the time her visa is valid for, you will have no problems with that. Do not try to play the system. It can be very unforgiving.

[absolut1 2]

Why would you want to even mess with an already difficult consulate? Is it really worth jeopardizing her chances of an approval for that few extra months of being with each other?

If she overstays her visa by less than 180 days, she won't trigger a ban or need a waiver later on. It will likely come up at the interview though. Do not lie. BUT that being said, no one can guarantee that this won't come back to haunt both of you later on.

As everyone has said, do everything the right way. She can certainly fly to see you during the process and stay for up to the time her visa is valid for, you will have no problems with that. Do not try to play the system. It can be very unforgiving.

Caly: can you tell me how the embassy in china will know that she overstayed her visa in usa?

[Little_My 464]

You do know that the US embassy in China is, essentially, American soil? It is a US government agency that has access to information obtained by other government branches - such as CBP. Having her come here in the middle of a CR-1 process and then overstay, when you both know perfectly well that she should not be doing that, shows complete disregard from your part towards US immigration and visa regulations. Are you sure you want to send that kind of a message to USCIS in the middle of your CR-1 process?

If she has a tourist visa, she can come and visit you while the CR-1 is being processed and stay until the expiration date of her I-94. She will have to go back to China for her inteview anyway, so just coming and staying here is not an option in that regard either. Being apart is hard, but do this process right and by the book and you'll never have to be apart again. Mess it up, and it can have VERY longlasting consequences on her future possibilities to live with you in the US.

[caly 48]

There is a question on the DS-230 form that requires the beneficiary to list all previous visits or residences in the US complete with columns for "from" and "to" dates, under which visa type and place visited/resided. So if it is a blatant overstay of many months past the validity of the visa, it would be quite obvious.

Other than that, if they really felt the need, they can probably look up CBP records or something.

Edited to add: As Little_My pointed out, all American embassies abroad are considered US soil and would have access to information from other US governmental agencies.

Edited September 21, 2011 by caly

[absolut1 2]

There is a question on the DS-230 form that requires the beneficiary to list all previous visits or residences in the US complete with columns for "from" and "to" dates, under which visa type and place visited/resided. So if it is a blatant overstay of many months past the validity of the visa, it would be quite obvious.

Other than that, if they really felt the need, they can probably look up CBP records or something.

Edited to add: As Little_My pointed out, all American embassies abroad are considered US soil and would have access to information from other US governmental agencies.

her tourist visa expires oct 30, 2011, does it make sense to apply for another tourist visa for the time being.. the thing is shes pretty much finishing up her life in china to move her, so going back for a long period of time (to china) is out of the question.