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Filed: IR-1/CR-1 Visa Country: Ukraine
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Posted

Hi, guys. I'm wondering if you can help me with my dilemma. I'm trying to bring my wife over from Ukraine. We filed both the I-129F and I130. So far, the I-130 has been going a lot faster than the I-129F. I've sent in the Bill IV fee and I-864 last week so, as far as I'm aware, the only thing remaining before everything is sent to the consulate is the DS-230. However, today I've finally received the approval of I-129F. So here's my question: should we just ignore the I-129F from now on, and just wait for I-130 process to complete? At this point, which one do you think will get her here the fastest? It's not that I'm impatient, but I'm going to the Caribbean sometimes this December for med school, and she's coming with me. How complex is the adjustment of status and how long does that take? Does she have to be in the country while this is going on? Any and all opinions are welcome.

Filed: Country: Canada
Timeline
Posted
Hi, guys. I'm wondering if you can help me with my dilemma. I'm trying to bring my wife over from Ukraine. We filed both the I-129F and I130. So far, the I-130 has been going a lot faster than the I-129F. I've sent in the Bill IV fee and I-864 last week so, as far as I'm aware, the only thing remaining before everything is sent to the consulate is the DS-230. However, today I've finally received the approval of I-129F. So here's my question: should we just ignore the I-129F from now on, and just wait for I-130 process to complete? At this point, which one do you think will get her here the fastest? It's not that I'm impatient, but I'm going to the Caribbean sometimes this December for med school, and she's coming with me. How complex is the adjustment of status and how long does that take? Does she have to be in the country while this is going on? Any and all opinions are welcome.

Are you sure that getting a GC is the right thing to do since you'll be in the Carribean for Med School in December? It may be better for you to get a visa in the Carribean country to be with you for your time in med school and then get a Immigrant visa through DCF when it's time for you to graduate or start your internship. If she will be spending large amounts of time outside the US, there could be issues associated with her abandoning her PR status.

If you do wish to continue, I would say that right now the Immigrant visa would be the best route for you as it would result in PR status upon her entry to the US. If you're going to the Carribean in December, you don't want to be waiting for PR status through AOS in the US.

Regardless, I believe a consultation with an attorney who understands the issues underlying abandonment of PR stauts is needed before you continue.

Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

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

I agree with Zyggy. Being outside the US for so long while in Med School can pose a risk to your wife if she's outside the country for too long. You had better consult an attorney on that one to be sure. You don't want to mess up and end up in a bind.

Let us know what you find out. It could help others that may find themselves in similar situations.

Good luck,

Joel

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

Well, what I have been able to find out so far is that the K3 will be cancelled either at the NVC level, or the consulate. So I really don't have anything to worry about. Apparently the NVC has also sent out the DS-230 directly to my wife and want just the Part I back. That seems kinda dumb to me, especially since she's assigned me as her agent.

As far as being out of the country for too long while on GC, I suppose we'll just have to take the risk. Given how difficult and prolonged the regular process is, I hate to think about all the ####### we'll have to put up with trying to get her immigrated from one counry while living in some other one.

 
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