Have any experience with filing for jamaican spouse?

[studioface 0]

Good day Sir/Madam, My wife and i we have decided the best way for me is to migrate to the U.S. we have a daughter together just 6 months old and my wife and daugther resides in Florida.but the thing is we are confused in knowing what is the best effective way for me to (note)both my wife and dauther are U.S. legal citizen.

#1migrate to the U.S. i already have an B2 visitors visa and we where thinking of me coming to the states on my B2 visa then get a lawyer to sort out my paper works for me to get residence.

#2Stay in Jamaica and wait forever for my papers to sort out which i know its going to take over 6 months and more to do that or could i get a lawyer located there in Florida and have them work on my papers for us which would make things a lot quicker.

Please let me know what is my best option cause my wife is there with the baby and i want to see my family and help raise and support my child.so if i can get a lawyer to support my case please let me know and how much this would cost and please note we got married in Jamaica.thanks for taking the time to assist me thanks in advance

[gwenneh 7]

Well, number one is illegal; you cannot come in on a tourist visa and intend to stay.

Number two is your option - you can file for either a K-3 visa or a CR1/IR1 (depending on how long you have been married). Read the guides at the top of the page to see what that entails.

If you feel comfortable with the information in the guides, then you can file the paperwork yourself. Many people have, and been approved. If you are not comfortable with the information or feel your case is not straightforward, find a lawyer who specializes in family-based immigration and ask for a consultation. Either way is perfectly valid, obviously hiring a lawyer will make it more expensive though!

Best of luck to you.

[JA Tam 7]

Hey studioface...I am not sure what to tell you. I filed for my hubby while he stayed in Jamaica and though my case took over 1 year, a few others on the yardie thread got through within 9 months going the CR1/IR1 route. Some of our K3 applicants have had some issues with getting an interview date at the embassy in Kingston.

Though I would advise that you not use an attorney, because much of this you can do for yourself and not have to pay a king's ransom, it may not hurt having a consultation with one. There are also a few agencies in Florida that will assist in filing the immigration paperwork for free.

Come check out the yardie thread (regional discussion - Latin America and Caribbean) and you can also post your question there to see if anyone has had the same situation as you; they may be able to advise you accordingly. I have heard that it is in some sense illegal to enter on a NIV with the intention of immigrating later, as you have entered under false pretenses. Others have done it and it has worked for them without an issue, but you run the risk that they could turn you back at immigration when you POE on your visitor's visa and they believe that you may not return to JA.

I wish you the best.

[clairern 0]

Good day Sir/Madam, My wife and i we have decided the best way for me is to migrate to the U.S. we have a daughter together just 6 months old and my wife and daugther resides in Florida.but the thing is we are confused in knowing what is the best effective way for me to (note)both my wife and dauther are U.S. legal citizen.

#1migrate to the U.S. i already have an B2 visitors visa and we where thinking of me coming to the states on my B2 visa then get a lawyer to sort out my paper works for me to get residence.

#2Stay in Jamaica and wait forever for my papers to sort out which i know its going to take over 6 months and more to do that or could i get a lawyer located there in Florida and have them work on my papers for us which would make things a lot quicker.

Please let me know what is my best option cause my wife is there with the baby and i want to see my family and help raise and support my child.so if i can get a lawyer to support my case please let me know and how much this would cost and please note we got married in Jamaica.thanks for taking the time to assist me thanks in advance

Did you say you were married? If you are your wife will have to file for you as a family based immigrant. Read all the guides here on VJ and try to figure out your status. You can ask all the questions you want and will get straight forward answers.

[studioface 0]

thanks alot guys for clarifying that for me but the reason i said i could come to the U.S. on my B2 and file my papers is that i spoke to a lawyer and he said i could do it.what is your opinion on that? and i am very afraid of staying in jamaica and cant move at all and the consulate sit on my case cause forever. it happened to people i know and it is happening to my mother right now and it as past a year now since her filing start and she cant even travel again she is here waiting and waiting......

[SupportOAFJF 0]

thanks alot guys for clarifying that for me but the reason i said i could come to the U.S. on my B2 and file my papers is that i spoke to a lawyer and he said i could do it.what is your opinion on that? and i am very afraid of staying in jamaica and cant move at all and the consulate sit on my case cause forever. it happened to people i know and it is happening to my mother right now and it as past a year now since her filing start and she cant even travel again she is here waiting and waiting......

The lawyer advised u to come on ur B@ and filed ? hmmm I don't think that it will easy if u do it that route...why don't u have ur wife file cr1-ir1 and u travel on ur B2 to come see ur family? U cannot file while on a B2 cause it is intent as a previous posted said and 2 it is not worth the hassle since u can file cr1 route...just go ahead and fill out the papers

[gwenneh 7]

thanks alot guys for clarifying that for me but the reason i said i could come to the U.S. on my B2 and file my papers is that i spoke to a lawyer and he said i could do it.what is your opinion on that? and i am very afraid of staying in jamaica and cant move at all and the consulate sit on my case cause forever. it happened to people i know and it is happening to my mother right now and it as past a year now since her filing start and she cant even travel again she is here waiting and waiting......

I will repeat: coming into the US on a tourist visa with the intent to remain is fraud. It is illegal. This lawyer has advised you to do something which is illegal; when you lie at your inspection about your intent, this is fraud. It's not a grey area, it's not slightly-legal. It is bad advice, and it is illegal. Don't do it.

[studioface 0]

ok thanks much for the advice i will let my wife file the i-130 from there then

[clairern 0]

ok thanks much for the advice i will let my wife file the i-130 from there then

Best thing to do so that your future with your family will not be jeopardized. It is better to wait 6-12 months for the visa than to do what the lawyer suggests and be banned from US entry for 3-10 years for fraud. I am sure your wife and baby can visit you while your application is being processed. Good luck and remember--patience is a virture.

Claire

[studioface 0]

thanks much i hope it does not take long cause hearing from other people it take like forever here in jamaica.

[nyseness 0]

thanks much i hope it does not take long cause hearing from other people it take like forever here in jamaica.

It can take a while but better be safe then sorry. I personally would rather wait a year then be banned for longer then that. Your child alone will show proof of intent and no matter what you lawyer say the proof is right there!!!!