Green Card path from the US or Spouse Visa abroad

[oceansea 0]

I was in the US from January 2006 until March 2008 continuously, with different schools and have not violated terms of my legal status.

In October 2008 I came as a visitor back to the US and married my boyfriend of 4 years. I left the US but I am planning to go back to the US in January 2009 on a visiotr visa and start the Adjustment of Status from there.

Now, I am rethinking my decision-I might opt for the Spouse visa abroad but I am not sure how long it would take for me to get one?

I would appreciate any suggestions. Thx.

[kaffy 2]

Is it legal to enter on a visitor visa and adjust status? I didn't think it was...

Does your husband live abroad with you? Because if he does you may be eligible for direct consulate filing (DCF) which is a lot quicker than filing with the USCIS

Edited November 4, 2008 by kaffy

[YuAndDan 153]

DCF requires US citizen to be living in the foreign country for at least 6 months on some sort of resident visa.

AGAIN:

You are demonstrating clear intent to misuse a visitors visa. A visitors visa is NOT for immigrating to the USA. CR-1 and K-3 visas ARE. USCIS takes Visa Fraud very seriously.

Marriage BEFORE entry on a visitors visa indicates immigrant intent and will be STRONGLY questioned when interviewed for AOS.

The process for you is for your US citizen spouse to file an I-130 for an CR-1 visa for you.

Start here: http://www.visajourney.com/forums/index.ph...page=i130guide1

[Penguin_ie 5,996]

Going for a spousal visa is definitely the right, and legal thing to do. How long it will take will depend on which country you are from, and whether there will be security/ name checks after the interview; it can take anything from 4 months to a year or more, usually about 6-8 months.

[MargotDarko 0]

I left the US but I am planning to go back to the US in January 2009 on a visiotr visa and start the Adjustment of Status from there.

As the others have said, what you've suggested is visa fraud and is illegal. You can get into very serious trouble, including being banned from the US. So I am very glad you asked about it here as I am sure it would just have been an honest mistake.

Your only legal option, unless your US spouse wants to move to your country for a while, is for your spouse to file the I-130 petition for you in the US and then you can apply for the CR1 spousal visa. Once you get the visa, you will be a US permanent resident as soon as you enter the US with it.

If your spouse wants to live with you for a while, after six months of his legal residence in your country, you then have the option of direct consular filing. The total time that takes, since there's six months waiting after he moves, is not much faster than him filing the I-130 in the US, but it does allow you to be together during the process. Good luck!

[MargotDarko 0]

Going for a spousal visa is definitely the right, and legal thing to do. How long it will take will depend on which country you are from, and whether there will be security/ name checks after the interview; it can take anything from 4 months to a year or more, usually about 6-8 months.

Four to six months is on the very short, very quick side for an immigrant visa when starting the process in the US. Eight months to a year is more feasible. Or were you talking about DCF? I'm sorry if I've confused something you were saying.