can spouse live in the US before process complete?

[shafferova 0]

I am new to this board and have some starter questions. My husband and I were married in June of 2007 in the Czech Republic, his country of origin. Since then we have been travelling and living in the US (he has a tourist Visa). We were hoping to move to another country after this visit to the US which is why we didn't apply for the Visa before this point. We are still waiting to learn about the move to the other country however are coming close to giving up and going through this process. My husband's tourist visa will run out February 16, so he will have to leave very soon. A few of my questions are:

Since we are already married in the Czech Republic should we get married again in the US? Will that make things easier or will it be about the same as just proving our marriage over there?

Is there any way for him to live in the US while we are going through this process? If yes, is there any way for him to work while here as well?

What are the basic steps after filing the I-130?

In general, how long does the process take?

Any help you could offer I would really appreciate.

-shafferova

[Kez/JWolf 6]

If he legally entered the US and did not have any intention of remaining in the US but has now changed his mind and wishes to remail you can file for AOS & I-130, that will allow him to remain here in the US while his application is being processed....

It is a good idea to have a meeting with a immigration lawyer to go over your individual case to make sure there are not any issues that would cause you problems later on...

Have a read of the guide here http://www.visajourney.com/forums/index.ph...page=i130guide2

Kez

[Nutty 2]

I am new to this board and have some starter questions. My husband and I were married in June of 2007 in the Czech Republic, his country of origin. Since then we have been travelling and living in the US (he has a tourist Visa). We were hoping to move to another country after this visit to the US which is why we didn't apply for the Visa before this point. We are still waiting to learn about the move to the other country however are coming close to giving up and going through this process. My husband's tourist visa will run out February 16, so he will have to leave very soon. A few of my questions are:

Since we are already married in the Czech Republic should we get married again in the US? Will that make things easier or will it be about the same as just proving our marriage over there?

Is there any way for him to live in the US while we are going through this process? If yes, is there any way for him to work while here as well?

What are the basic steps after filing the I-130?

In general, how long does the process take?

Any help you could offer I would really appreciate.

-shafferova

I can only speak for CR-1 visas.

The process for a IR-1, CR-1 is lengthy. Average time is about a year. In that time, the American spouse has to have two things:

1) Established domicile in the US

2) Enough income and/or assets to file an Affidavit of Support in conjuction with the immigrant visa application.

Since the process to get this visa is long, the foreign spouse is usually residing overseas. Yes, they may be able to get a tourist visa, however they can not work on a tourist visa. There is also no guarentee that they can have an extended tourist visa in order to "wait" for the CR-1.

Also, please note that after the immigrant spouse receives their CR-1 visa, they must reside in the US for a specific amount of time. They can not leave the US for any extended period of time, or they lose their visa.

[Jeetyetkidd 0]

Do you know what the specif amount of time is?

[rebeccajo 14]

Do you know what the specif amount of time is?

No one can pin-point the timeline of your case. Every case is different. You can ascertain 'norms' but there's no real way to know exactly how your case will move along.