Married a U.S. citizen, both living out the U.S.

[Azure30 22]

My friend has some questions that I'm hoping you kind folks would be able to assist us with.

He was on a student visa and recently got married to a U.S. Citizen. Now, both him and his bride are temporarily back in his home country and will be there for about 3 years before they decide to move back to the United States. His student visa has expired. His passport from his country falls under the Visa Waiver Program (VWP), where that country is exempted from acquiring a visa, and are permitted to visit the U.S. for no more than 90 days.

They have not started any of the paperwork to adjust his status to Permanent Resident as yet, because they wanted to live in his homeland for awhile. Our question is,

When they are ready to begin the paperwork (The I-130, G-325, I-864 for the U.S. citizen and the I-485, G-325, I-765, I-131, & I-693 for the immigrant) would they need to file another form for the immigrant since he is outside the United States, in order to re-enter? Or can he re-enter the U.S. on his Country's passport with the VWP program??

Anticipating your kind and helpful assistance in this matter!

Thanks!!!

[Inky 1,110]

My friend has some questions that I'm hoping you kind folks would be able to assist us with.

He was on a student visa and recently got married to a U.S. Citizen. Now, both him and his bride are temporarily back in his home country and will be there for about 3 years before they decide to move back to the United States. His student visa has expired. His passport from his country falls under the Visa Waiver Program (VWP), where that country is exempted from acquiring a visa, and are permitted to visit the U.S. for no more than 90 days.

They have not started any of the paperwork to adjust his status to Permanent Resident as yet, because they wanted to live in his homeland for awhile. Our question is,

When they are ready to begin the paperwork (The I-130, G-325, I-864 for the U.S. citizen and the I-485, G-325, I-765, I-131, & I-693 for the immigrant) would they need to file another form for the immigrant since he is outside the United States, in order to re-enter? Or can he re-enter the U.S. on his Country's passport with the VWP program??

Anticipating your kind and helpful assistance in this matter!

Thanks!!!

He cannot adjust status. He left the USA. The US citizen must file for a CR-1. He cannot travel back to the USA and adjust status that is visa fraud.

[Azure30 22]

Ok, she is with him also outside the USA, along with their children. Should she the citizen, file that CR-1 while she is outside the U.S?

[JohnR! 5,495]

Ok, she is with him also outside the USA, along with their children. Should she the citizen, file that CR-1 while she is outside the U.S?

The US citizen should consider filing the I-130 to begin the CR process when their plans to return to the US are made. The CR process should take about 12 months.

[Inky 1,110]

Ok, she is with him also outside the USA, along with their children. Should she the citizen, file that CR-1 while she is outside the U.S?

What country are they in? does that country offer DCF ? if so then filing DCF would generally be a faster process for them when they want to return to the USA.

[Azure30 22]

ok, I think I've found my answers, here at this link. ALL of the forms I mentioned earlier are CORRECT to file, EXCEPT the I-485, which would have to replaced with the DS-230 for the Immigrant Visa. Thanks for your help.

http://travel.state.gov/visa/immigrants/types/types_2991.html

[Azure30 22]

The US citizen should consider filing the I-130 to begin the CR process when their plans to return to the US are made. The CR process should take about 12 months.

Yup, thanks that's what I saw in the link i posted just now. thanks alot.

What country are they in? does that country offer DCF ? if so then filing DCF would generally be a faster process for them when they want to return to the USA.

uhhh, We don't know what a DCF is. Would you mind explaining what that abbreviation means?

[Azure30 22]

ok, I think I've found my answers, here at this link. ALL of the forms I mentioned earlier are CORRECT to file, EXCEPT the I-485, which would have to replaced with the DS-230 for the Immigrant Visa. Thanks for your help.

http://travel.state.gov/visa/immigrants/types/types_2991.html

Better yet, found this info too! Can My Spouse Come to the United States to Live While the Visa Petition Is Pending?

If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. To petition for this benefit, file Form I-129F. Note that you are not required to file Form I-129F. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be an additional method for him or her to come to the United States. For more information, see the “K-3/K-4 Nonimmigrant Visas” page.

[seth2013 39]

It's my understanding that K-3s are no longer available.

DCF is direct consular filing. That's probably the best way to go.

Edited April 3, 2013 by sethless

[Azure30 22]

It's my understanding that K-3s are no longer available.

DCF is direct consular filing. That's probably the best way to go.

ok, thank you so much!

[Inky 1,110]

Better yet, found this info too! Can My Spouse Come to the United States to Live While the Visa Petition Is Pending?

If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. To petition for this benefit, file Form I-129F. Note that you are not required to file Form I-129F. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be an additional method for him or her to come to the United States. For more information, see the "K-3/K-4 Nonimmigrant Visas" page.

This information is incorrect they cannot live in the USA while processing sorry.

[Azure30 22]

This information is incorrect they cannot live in the USA while processing sorry.

but I found that information from the USCIS website!!! Here is the link.. Just scroll down and you'll see it...goodness, I'm confused.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=10093e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=10093e4d77d73210VgnVCM100000082ca60aRCRD

Edited April 3, 2013 by Azure30

[N-o-l-a 7,167]

but I found that information from the USCIS website!!! Here is the link.. Just scroll down and you'll see it...goodness, I'm confused.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=10093e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=10093e4d77d73210VgnVCM100000082ca60aRCRD

Yes and it is outdated and from a time when spouse visas took years to process. Now, both the I-129F and I-130 will be approved at around the same time and NVC will close the K3 petition.

[Azure30 22]

Ok, and can the immigrant spouse be in the United States with his family while this application with I-129F and I-130 are being processed?

[Darnell 8,478]

you found a lot of stuff on the USCIS website, but, have you looked at the guides section here, from a PC ?