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Travel to the US while in process of DCF?

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Filed: Country: United Kingdom
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Hello, I spoke with a lawyer contracted by my potential new job. Since I will have to begin work in the US 2-3 months before my Italian wife can get her green card, I was asking about what to do with our rental here in London and how long she can visit me in the US.

The lawyer was adamant that if at all possible my wife should not visit me before she's granted her visa. Since we've declared her intent to settle in the US, that is legally incongruous with her visiting me or even going on a work trip (she has a work visa in her passport). That seems pretty drastic as we're trying to set up house and also being apart for so long as newlyweds.

Has anyone had problems visiting the US before they're given their green card? And has anyone heard if this caused problems with the processing of the visa?

Or is the lawyer just covering his butt?

Thanks,
Daniel

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Following this one.

IR1/CR1 Visa - DCF at London Embassy

April 16, 2013: Mailed out I-130

April 18, 2013: Date Petition filed
May 13, 2013: APPROVED!
May 22, 2013: Case Number received
June 3, 2013: Mailed out DS-230 & DS-2001
June 4, 2013: Medical Exam at Bentick Mansion
Unfortunately I have to re-do it in 6 + weeks as I was diagnosed with pneumonia
June 22, 2013 I traveled to the USA with the plan of returning to the UK, spoke to a Immigration lawyer and he told me to change my status and go the AOS route.
Since 2014 I am a permanent resident.

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I'm pretty sure your lawyer is just ### covering. She's still able to travel as a tourist, but she will still have to show ties home etc. as usual. The only thing the lawyer might be right about is that it's probably a lot harder for her to do that now.

Personally, I am actually trying go avoid needing to travel to the USA now my visa is near, simply because our flat rental isn't being renewed and I'm about to quit my job so showing ties is about to get hard for me. We'll flat hunt once we've moved back.

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Oh, also, most people get their green card AFTER they've entered the USA on their new visa. In fact, I think the green card production is triggered by their entering as an immigrant. So, not sure why your lawyer would say she couldn't travel before she got her green card. That doesn't make sense to me with the way I am led to believe the process works.

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Filed: Citizen (apr) Country: Ireland
Timeline

She can absolutely visit. She just needs to make sure she doesn't overstay, and have someone at home to check her mail, because with DCF, sometimes you get an appointment quickly (I had less than a week's notice of my interview) and she wouldn't want to miss it.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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