Best course of action for foreign spouse?

[alyosha 0]

Hello everyone,

As you can see I am new to this forum. I stumbled across it today while searching for visa information for bringing my wife to the US, and have immensely appreciated the wealth of information available here. However, as my situation is - as everyone's - somewhat unique, I was hoping to solicit some advice for our particularly circumstances.

I am an American currently residing in Oman. My wife is from Thailand. We were married in early 2011, but have ample evidence to document a relationship dating from 2006. We moved to Oman in March 2011. My wife currently possesses a 10-year, multiple entry tourist visa for the US; she visited once for approximately 30 days in 2012.

We are now interested in relocating to the US for at least a 2 year period. I will be entering a Master's program which will begin in September 2013, which means we have just over six months before we'd like to move. I realize that most applications take anywhere from 6-12 months to process, so we've definitely left ourselves with a tight schedule. However, when I had previously contacted the US Embassy in Oman about obtaining the resident visa (in early 2011), I had been informed that the entire process (including I-130) could be handled at the US Embassy in Oman, and that due to less volume in applications, the entire process would take only 1-2 months. I was therefore unpleasantly surprised to learn that as of August 2011 the rules were changed, and I would now be required to file the I-130 with the Chicago lockbox, which could take a completely unpredictable number of days to process.

So my question is: what is the best way for us to proceed? IR1, K-3, AOS? There seem to be numerous possibilities, but we're not sure about the quickest (and legal, of course) option.

Thank you in advance for your time! I hope someone can offer some advice!

[florida4life 29]

http://oman.usembassy.gov/family-based_immigrant_petition.html

[Boiler 46,125]

Ditto. Will be Ir1

[alyosha 0]

Thanks for the replies. Hopefully the "auto-expedited" phenomenon documented elsewhere on this forum will apply to our case. (topic/357465-usc-petitioner-living-abroad/) .

What about filing a K-3 visa? I realize we would need to return to Thailand to do so, but wouldn't it be faster?

[Boiler 46,125]

Thanks for the replies. Hopefully the "auto-expedited" phenomenon documented elsewhere on this forum will apply to our case. (topic/357465-usc-petitioner-living-abroad/) .

What about filing a K-3 visa? I realize we would need to return to Thailand to do so, but wouldn't it be faster?

K3 is dead.

[alyosha 0]

Is there any rule against applying for the I-130 now, and being in the US on the B-2 visa while waiting for it to be approved? The B-2 was granted for the purposes of visiting family, so as long as she didn't overstay the 6-month allowance, and was not working, wouldn't it be allowed?

My understanding is that the adjustment of status is basically illegal if the plans were made before entering the country, but what if we traveled back to Oman or Thailand when the time came for the visa interview / issuance?

[velrich 50]

Is there any rule against applying for the I-130 now, and being in the US on the B-2 visa while waiting for it to be approved? The B-2 was granted for the purposes of visiting family, so as long as she didn't overstay the 6-month allowance, and was not working, wouldn't it be allowed?

My understanding is that the adjustment of status is basically illegal if the plans were made before entering the country, but what if we traveled back to Oman or Thailand when the time came for the visa interview / issuance?

Travelling to the US for visits is allowed while a petition is pending. The beneficiary must not overstay the time given to stay in the country and return home for the interview. It is recommended that she travels with with proof of sufficient ties to her country (if asked for it) to show that she intends to return home.

[alyosha 0]

Thanks, velrich. It's good to know that it's at least a possibility.

I do have two specific questions about the I-130 that I'm hoping someone can help me out with.

First, regarding the translation: Info on this site states that we need to include a "certification by translator." We have a translation of our marriage certificate which does not contain this specific note, but it was stamped by the Thai Embassy in Singapore. Would this be sufficient, or do we need to do another translation?

Second, regarding addresses: The USCIS instructions state, "The petitioner’s name, complete address, marital status, and country of birth must be provided in Part B. The beneficiary’s name, complete address, marital status, and country of birth must be provided in Part C." As we are currently residing together in Oman, should the complete address for both petitioner and beneficiary be our Omani address (PO Box), or my address in the US and her address in Thailand?

I apologize if these questions should be asked elsewhere, but your expertise is greatly appreciated.