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jakey

Can my wife visit me while I130 is in process?

By jakey in IR-1 / CR-1 Spouse Visa Process & Procedures

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jakey Newbie

jakey   0

Posted
Filed: IR-1/CR-1 Visa Country: Brazil
 Timeline
Posted

New member here -

We married in NYC on Dec 4 2008

She returned to Brazil on Dec 22 2008

I filed I130 on Jan 22 2009

I recieved Notice of Action 1 on Feb 10 2009

questions

1. Does anyone happen to know if it is advisable/possible for my spouse to visit me on her tourist visa while our I130 is in process? Ive heard conflicting opinions about this and I am feeling rather confused.

2. Does anyone have experience with filing I130s from NYC with the spouse in Brazil? If so, how long should we expect this to take?

3. Once her interview is scheduled and visa is approved, will she be able to work upon arrival in the US or do we have to consequently file a work permission?

Any help would be hugely appreciated.

Jake

Eagle Eye Contributor

Eagle Eye   0

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
Posted
New member here -

We married in NYC on Dec 4 2008

She returned to Brazil on Dec 22 2008

I filed I130 on Jan 22 2009

I recieved Notice of Action 1 on Feb 10 2009

questions

1. Does anyone happen to know if it is advisable/possible for my spouse to visit me on her tourist visa while our I130 is in process? Ive heard conflicting opinions about this and I am feeling rather confused.

2. Does anyone have experience with filing I130s from NYC with the spouse in Brazil? If so, how long should we expect this to take?

3. Once her interview is scheduled and visa is approved, will she be able to work upon arrival in the US or do we have to consequently file a work permission?

Any help would be hugely appreciated.

Jake

I don't know if it is advisable but I was told by a lady at USCIS that it was ok and I have gone 3 times to visit my hubby since we put in the application and I got my NOA2 YESTERDA.

I would also like to know the answer to your question 3.

Good luck with it all. :dance:

NOA1 - 08 September 08

Transferred to CSC - 22 December 08

Last Touch - 02 January 09

Still no more touches - as of today - 11 February 09

NOA2 - 23 February 09 (and can not believe it)

Case Received at NVC - 27 February 09 (so excited)

AVR Updated - 28 February 09

Need to change Processing Embassy - How long will this take?

Spoke to representative about this and emailed request along with copy of Leave to Remain in Country of Residence - 03 March 09

Still no DS3023 - as of today -03 March 09

I've lost track of the timings. It had been long and tedious. Finally cahnged interview country, it then took 2 to 3 weeks for them to accept my DS3032.

DS230 Sent - 06 April 09

Interview Pack Received - 11 May 09

Interview Date - 11 June 09

additional info required arrrgggg!!!! NVC said I had everything.

All doc sent in with Passport - 22 June 09

Text Notification that Passport is ready - 24 June 09 (coming by 8am tomorrow - wish me luck.)

Peter&Jaime Community Regular

Peter&Jaime   1

Posted
Filed: FB-4 Visa Country: Peru
 Timeline
Posted
New member here -

We married in NYC on Dec 4 2008

She returned to Brazil on Dec 22 2008

I filed I130 on Jan 22 2009

I recieved Notice of Action 1 on Feb 10 2009

questions

1. Does anyone happen to know if it is advisable/possible for my spouse to visit me on her tourist visa while our I130 is in process? Ive heard conflicting opinions about this and I am feeling rather confused.

2. Does anyone have experience with filing I130s from NYC with the spouse in Brazil? If so, how long should we expect this to take?

3. Once her interview is scheduled and visa is approved, will she be able to work upon arrival in the US or do we have to consequently file a work permission?

Any help would be hugely appreciated.

Jake

I don't know if it is advisable but I was told by a lady at USCIS that it was ok and I have gone 3 times to visit my hubby since we put in the application and I got my NOA2 YESTERDA.

I would also like to know the answer to your question 3.

Good luck with it all. :dance:

From my understanding it is very difficult for someone to get a tourist visa when filing four an immigrant visa. They think you will not go back to your country and continue with the legal immigration. British Citizens do not need visas to visit the USA but I think people from Brazil do. As for question three, you will get your SSN number roughly one month after arriving in USA and can work.

create_maleScene.jpg

USCIS *CR-1 Visa*

2008-07-26 : I-130 Sent

2009-04-02 : Interview at Embassy in Lima, Peru Approved

2009-04-08 : POE Atlanta (256 days from sending I-130)

USCIS *Removal of Conditions*

2011-02-28 : Mailed I-751

2011-03-02 : USPS Delivery Confirmation

2011-03-10 : Check Cashed

2011-03-11 : Touched

2011-03-25 : USCIS confirmed they did not mail NOA 1, given case number

2011-04-05 : Infopass appointment passport stamped with I-551

2011-04-19 : Walk in Biometrics completed (2 weeks early)

2011-05-03 : Biometrics appointment (3 year anniversary)

2011-08-25 : Approved

2011-08-31 : Card in hand (184 days after sending I-751)

*Application for Naturalization*

2012-03-24 : Mailed N-400

2012-03-26 : NOA1

2012-03-29 : Check Cashed

2012-05-14 : Biometrics Appointment

2012-06-04 : Interview Letter

2012-07-09 : Interview in Raleigh, NC (Passed)

2012-07-20 : Oath Ceremony (119 days after sending N-400)

[/center]

I Miss Her Community Regular

I Miss Her   0

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted
New member here -

We married in NYC on Dec 4 2008

She returned to Brazil on Dec 22 2008

I filed I130 on Jan 22 2009

I recieved Notice of Action 1 on Feb 10 2009

questions

1. Does anyone happen to know if it is advisable/possible for my spouse to visit me on her tourist visa while our I130 is in process? Ive heard conflicting opinions about this and I am feeling rather confused.

2. Does anyone have experience with filing I130s from NYC with the spouse in Brazil? If so, how long should we expect this to take?

3. Once her interview is scheduled and visa is approved, will she be able to work upon arrival in the US or do we have to consequently file a work permission?

Any help would be hugely appreciated.

Jake

1. It is not advisable to bring your spouse on tourist visa over here while I-130 petition is pending. They will deny tourist visa and you lose money.

2. ?

3. Under CR1/IR1 category, I think beneficiary will receive GC at the POE or they stamp their passport. Therefore, she can work upon arrival. For K-3 visa, you need to adjust status for GC after arrival (will cost you more) and she cannot work until EAD card.

*IR-1 Visa* VSC

I-130 (IR-1):

07/22/2008: NOA1

02/17/2009: I-130 NOA2: Approved in 210 days from NOA1 date

I-129F (K-3):

08/11/2008: NOA1

02/17/2009: I-129F NOA2: Approved in 190 days from NOA1 date

<not pursuing I-129F petition further but NVC forwarded case to Consulate on 02/24/2009>

NVC Journey:

02/19/2009: NVC Received/Case number assigned for I-130

02/20/2009: DS-3032 sent by e-mail and 03/04/2009: DS-3032 sent by regular mail

02/26/2009: NVC received DS-3032 Choice of Agent selection

02/26/2009: DS-3032 accepted and AOS Bill Generated but not IV Bill

02/28/2009: AOS Bill Package received in mail

02/28/2009: Paid AOS Bill and IV Bill (as it was available) online

03/03/2009: Both AOS and IV Bill Show as Paid and Coversheet Printed

03/04/2009: Mailed I-864 and IV (DS-230) Packages

03/06/2009: I-864 and IV Packages Received by NVC and Scanned on 03/10/2009

03/13/2009: Case completed at NVC (in 17 working days from date NVC Received)

03/25/2009: Interview date assigned by NVC

US Consulate @ Mumbai, India

04/02/2009: Medical Exam (based on NVC e-mail for interview)

04/13/2009: Interview Packet Received from US Consulate

04/16/2009: Documents submitted at VFS office

[Classified]: Date of Interview

USA Journey

02/21/2009: Permanent Resident # Received (Ref: NOA2 of USCIS)

05/2009: POE

##/##/2009: Permanent Resident Card

##/##/2009: SSN

Love must be sincere............Roman 12:9

jurod16 Explorer

jurod16   0

Posted
Filed: IR-1/CR-1 Visa Country: Thailand
 Timeline
Posted
New member here -

We married in NYC on Dec 4 2008

She returned to Brazil on Dec 22 2008

I filed I130 on Jan 22 2009

I recieved Notice of Action 1 on Feb 10 2009

questions

1. Does anyone happen to know if it is advisable/possible for my spouse to visit me on her tourist visa while our I130 is in process? Ive heard conflicting opinions about this and I am feeling rather confused.

2. Does anyone have experience with filing I130s from NYC with the spouse in Brazil? If so, how long should we expect this to take?

3. Once her interview is scheduled and visa is approved, will she be able to work upon arrival in the US or do we have to consequently file a work permission?

Any help would be hugely appreciated.

Jake

As far as getting a visitors visa while in the immigrant visa process, I believe it just depends on the country you're from, I wanted to bring my wife here as a visitor after we filed for her immigrant visa so I looked into it. I've been seeing where people from some countries have been able to bring their spouse over while in the immigrant visa waiting line, but was told as far as the country where my wife is from, she'd be denied a visitors visa. The guy told me, he tried in the same country my wife is from and the officer told him he'd get fired from his job if he were to grant a visitors visa to people who had already petitioned for their immigrant visa. Part of it has to do with once they come over they might not go back to their native country. To be honest, they'll be coming over anyways they should be allowed to visit, they have to return for the interview, why live here illegally when you can live here legally you know.

jurod16

jakey Newbie

jakey   0

Posted
Filed: IR-1/CR-1 Visa Country: Brazil
 Timeline
  • Author
Posted

Thanks for the replys. This really is an excellent space and it feels good to connect with others that can relate.

a. she already has a tourist visa from previous visits that is still valid. I was more concerned about having problems at POE with the tourist visa that she already has. ie will it show up at POE that she has an i130 in place?

b. Im still not clear on this one.....is applying for an I130 aka IR1 Cr1 or is considered a K3?

BePatience Proficient

BePatience   0

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted
New member here -

We married in NYC on Dec 4 2008

She returned to Brazil on Dec 22 2008

I filed I130 on Jan 22 2009

I recieved Notice of Action 1 on Feb 10 2009

questions

1. Does anyone happen to know if it is advisable/possible for my spouse to visit me on her tourist visa while our I130 is in process? Ive heard conflicting opinions about this and I am feeling rather confused.

2. Does anyone have experience with filing I130s from NYC with the spouse in Brazil? If so, how long should we expect this to take?

3. Once her interview is scheduled and visa is approved, will she be able to work upon arrival in the US or do we have to consequently file a work permission?

Any help would be hugely appreciated.

Jake

Jake,

Answer to your 3rd question, Yes your wife will be able to work upon arrival on CR1 visa.

U.S. Passport

xx-xx-2012: Passport application sent

I-130 petition for Sibling

07-19-2012: Sent I-130 via Priority mail

07-23-2012: I-130 received by PHX lbx (forwarded to california)

07-23-2012: Priority date

07-30-2012: I-797 receipt received

1. CR1 [Completed: 2009/Total Days: 325]

2. ROC [Completed: 2011/Total Days: 222]

3. CITIZENSHIP [Completed: 2012/Total Days: 125]

4. US PASSPORT [Completed: 2012/Total Days: ]

trinket Experienced

trinket   30

Posted
Filed: Citizen (pnd) Country: India
 Timeline
Posted
Thanks for the replys. This really is an excellent space and it feels good to connect with others that can relate.

a. she already has a tourist visa from previous visits that is still valid. I was more concerned about having problems at POE with the tourist visa that she already has. ie will it show up at POE that she has an i130 in place?

b. Im still not clear on this one.....is applying for an I130 aka IR1 Cr1 or is considered a K3?

If your wife already had a tourist visa then she can try but as you have shown the concern about POE, it could be true. Just make sure she brings all the ties back to Brazil and also your i-130 notification or something, which will show that she has to go back to Brazil for the interview, thus making her stay in US temporary for the time being.

If you have only applied i-130 then it comes under CR-1/IR-1 visa, you will have to apply i129f to make it as K-3. Its better to stick with CR-1/IR-1

 
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