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mark99

Wait and wait or enter on tourist visa

By mark99 in IR-1 / CR-1 Spouse Visa Process & Procedures

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mark99 Apprentice

mark99   1

Posted
Filed: Timeline
Posted

Need a little advice here:

Wife came to US in 2000 on K1 Visa, Married her in 2001. Started 485 process but abandoned it to move to her country. (I know most people don't do that!)

Moved back to her country in 2003, now we are ready to move back to the States.

Can she enter on her tourist visa like normal with the family and then I file the I-130 and 485 in the States?

--or-- Should I leave her here, go back to the States and start the paperwork joy?

Thanks,

Mark

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Ryan H Grand Master

Ryan H   3,812

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Can she enter on her tourist visa like normal with the family and then I file the I-130 and 485 in the States?

No, that's fraud.

What country is your wife from. Based on your post, it appears you have been living together in her country for quite some time. If there is a USCIS field office in her country, you can file the paperwork at that field office and start the process in her country. If there is no USCIS field office in the country, you will have to mail the paperwork to the Chicago lockbox, however, you can still stay with her in her country while the process works its way through the system.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Ning Experienced

Ning   619

Posted
Filed: K-3 Visa Country: Thailand
 Timeline
Posted

Need a little advice here:

Wife came to US in 2000 on K1 Visa, Married her in 2001. Started 485 process but abandoned it to move to her country. (I know most people don't do that!)

Moved back to her country in 2003, now we are ready to move back to the States.

Can she enter on her tourist visa like normal with the family and then I file the I-130 and 485 in the States?

--or-- Should I leave her here, go back to the States and start the paperwork joy?

Thanks,

Mark

What you are possibly planning would be visa fraud. This must not be done.

You may be able to file DCF in where you now live. If not you could send petition from there to begin the process. You will have to establish residency in the USA if you dont qualify for that now.

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mark99 Apprentice

mark99   1

Posted
Filed: Timeline
  • Author
Posted

Hi Guys,

I am in the Philippines, and it appears that I may can still apply for the I-130 here. Is that a good thing as I still live here in the Philippines?

Can anyone reference me to the law that says that it is fraud to change your status, once in the States?

Understanding all my options,

Mark

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CDN2US Enthusiast

CDN2US   10

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

Well, it's fraud to come in on a tourist/visitor visa with the intent to stay and immigrate.

USC attempting to obtain GC for Canadian husband


event.png


Apr 11, 2011: I-130 filed
Jul 11, 2011: I-130 approved
Aug 18, 2011: NVC process begins
Oct 6, 2011: NVC process completed
Nov 4, 2011: Interview date assigned
Dec 2, 2011: Interview at Consulate (Result: AP - No reason given on 221g)
Feb 7, 2012: Passport requested by Consulate
(...Husband needed passport for personal reasons during this time...)
Apr 9, 2012: Passport mailed to Consulate
Apr 25, 2012: Visa issued
May 1, 2012: Visa in hand
May 31, 2012: POE at Montreal's Trudeau Airport
Early July: Physical Green Card received in mail. Yes, it's green!

March 13, 2014: ROC filed (went to VSC)

March 17, 2014: NOA

April 22, 2014: Biometrics appointment

December 9, 2014: Case inquiry initiated

December 11, 2014: Response: "The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required security checks remain pending."

March 14, 2014: Received NOA that approval had been given on March 10; expect new GC within 60 days.

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