Bringing My Family To The U.S.A Need Answers Please!

[BadCop 0]

I'm a U.S citizen residing in Spain. I was married last December 2010 to a Spanish citizen. We were married in Aruba and have recently found out that here in Spain our marriage wont be recognized for two years! Considering I can't obtain working papers we're considering just moving to the states now. We have two children together as well. I've been reading information regarding the Form I-130 and that we will need to go in person to file the form in Madrid because there is no visa department at the U.S embassy here in Barcelona. This is a pain in the butt with two kids so I was trying to research if we had options. I also read that I might have to file forms for the kids as well which doesn't seem to make sense. The kids are eligible for U.S passports and social security numbers because I'm a U.S citizen. Couldn't I just process their U.S passports here and they use those to enter the U.S? Why would I pay $420 x 3 (my wife and two kids) to file petitions for Alien relatives (Form I-130) for them as well?

The goal is for my wife to obtain her green card so that she can live and work legally in the United States. My main questions is this... Could I take my family (both kids with U.S passports and wife on a tourist visa) to the U.S.A and then go file the paperwork there and simultaneously file adjustment status? That way we're all there and we wait together? No idea? I've also read that she would need a sponsor. That's not going to be me because for the last four years I've lived here and I'd be starting over once we moved to the U.S. My father said he would sponsor my wife but does that mean we'd have to reside with him or even in the same state as him? Any idea on how long the process is for her green card to get her working papers?

I appreciate anyone who has taken the time to read my post and any information you might have would be welcomed.

Thank you!

[Ryan H 3,821]

Sine you have been living in Spain for 4 years, you may qualify for DCF (Direct Consular Filing). I don't know if the Spanish Government not recognizing your marriage for two years will have any affect on your ability to qualify for DCF. Strictly speaking, the Embassy is in Madrid, a Consulate is in Barcelona. If you can't DCF, then you will have to file the I-130 from overseas. I would look to see if you for sure qualify for DCF.

Regardless of DCF or filing from overseas, you will need to establish domicile in the USA. You do not need to live in the same household or State as your father in order for him to co-sponsor your wife.

If you have filed a Certificate of Birth Abroad (CBRA) for your kids, they can get US Passports and use those.

DO NOT go the route of trying to obtain tourist visa's and then try to adjust status. Tourist visa's are non-immigrant visa's and entering on them with the intent to immigrate is FRAUD. Same goes for the VWP.

Edited April 4, 2011 by Ryan H

[YuAndDan 153]

Children are US citizens, so would not be immigrating so will not need I-130 filed for them, you need to register their births abroad and obtain U.S. passports for them.

Only need to file an I-130 for your spouse to get a Spouse visa.

If you have evidence of residency of longer than 6 months then you should be able to file petition overseas at the US consulate.

Moving this one to the DCF forum...

[BadCop 0]

Sine you have been living in Spain for 4 years, you may qualify for DCF (Direct Consular Filing). I don't know if the Spanish Government not recognizing your marriage for two years will have any affect on your ability to qualify for DCF. Strictly speaking, the Embassy is in Madrid, a Consulate is in Barcelona. If you can't DCF, then you will have to file the I-130 from overseas. I would look to see if you for sure qualify for DCF.

Regardless of DCF or filing from overseas, you will need to establish domicile in the USA. You do not need to live in the same household or State as your father in order for him to co-sponsor your wife.

If you have filed a Certificate of Birth Abroad (CBRA) for your kids, they can get US Passports and use those.

DO NOT go the route of trying to obtain tourist visa's and then try to adjust status. Tourist visa's are non-immigrant visa's and entering on them with the intent to immigrate is FRAUD. Same goes for the VWP.

Thanks for your reply! From what I can tell I'm not able to do the Direct Consular Filing from Spain. As for the "DO NOT" enter on a tourist visa and try to adjust status I'm a little confused. I can read what your typing but I just got off the phone with the USCIS and asked the lady about bringing my family into the country and then filing and she just kept repeating that all she (my wife) had to do was enter the country legally. So I asked, "isn't entering on a tourist visa a legal entry?" Again, she just repeated herself (she did this often). So then I asked her, "by legally you mean she didn't swim or jump a fence to enter right?" I didn't get a straight answer so I asked her again, "Isn't entering through the airport a legal entry? She has to go through customs right? As long as she passes customs she has entered legally right?". Again no real answer but then she says "you'd have to call us once she's here in the states and ask what the next steps would be for you to take". Hmmm. She didn't tell me anything about fraud or there could be repercussions just give us a call once she's here. What are your thoughts on that?

[YuAndDan 153]

Thanks for your reply! From what I can tell I'm not able to do the Direct Consular Filing from Spain. As for the "DO NOT" enter on a tourist visa and try to adjust status I'm a little confused. I can read what your typing but I just got off the phone with the USCIS and asked the lady about bringing my family into the country and then filing and she just kept repeating that all she (my wife) had to do was enter the country legally. So I asked, "isn't entering on a tourist visa a legal entry?" Again, she just repeated herself (she did this often). So then I asked her, "by legally you mean she didn't swim or jump a fence to enter right?" I didn't get a straight answer so I asked her again, "Isn't entering through the airport a legal entry? She has to go through customs right? As long as she passes customs she has entered legally right?". Again no real answer but then she says "you'd have to call us once she's here in the states and ask what the next steps would be for you to take". Hmmm. She didn't tell me anything about fraud or there could be repercussions just give us a call once she's here. What are your thoughts on that?

The USCIS info line is also known as the MIS-Information line, it has been posted many times all sorts of amazing things that gets told over that line, for the most part they are not versed in immigrations law, they know how to look up case status.

Using a tourist visa with full intent to immigrate is visa fraud. Being married prior to using a tourist visa and then using it to immigrate is clear cut intent.

If everyone were allowed to do this then tell me why there are Fiancee, and Spouse visas, I guess the info person has it right, lets simplify this and do away with spouse visas and lets all just come to the USA and adjust status...