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Very complicated situation, need help !!!

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Filed: K-1 Visa Country: Peru
Timeline

Hi VJ peeps !!! helpsmilie.gifhelpsmilie.gif

I have not been on here in a REAALLLLLYYYYY long time, because life has been very fast and busy. I have what I believe is a very complicated issue and I am not sure where to begin. I am not even sure if I am posting in the proper place. whistling.gif

I guess it would only make sense to give a little bit of background information: So my husband and I have known each other for a really really loooong time and have been in and out of a long distance relationship since the age of about 16 (he is in Peru, I am in Miami). Long story short, finally after 20 years, we filed for K-1 late 2011, got approved, he arrived in Miami in May of last year, and we got married in June. In September due to personal issues he had to leave before we were able to get our paperwork in order and he has ofcourse lost his re-entry. headbonk.gif

I have traveled back and forth a couple times to see him since.

The huge problem now is we want to re-file but I don't think its as easy as filing for a Spousal Visa, because I am not currently living in the states. About 2 months ago, we separated and in that time I took a job offer in St Lucia. I am currently living in St Lucia on a work visa. I have a job contract for about a year and a half, which I do not want to break because it is a great opportunity. We have reconnected and realized that we want to make this marriage work, but we realize distance is our biggest enemy. (As I am sure most of you know!) cray5ol.gif

So what we would ideally like to happen, is for him to travel to St Lucia, to be here with me and my daughter. I might be able to figure that part out, not sure yet. BUT what I need help with is what can we do in the meantime to get his Spousal Visa in order so that when we decide to leave St Lucia, he can come with us to the states??? Is it possible to file for a Spousal Visa while we are both in St Lucia? Or do I have to be in the US and/or him in Peru???

Our last resort will be, we will all live in Peru after we leave St Lucia, waiting for his papers to be done, but this would not be our ideal situation. Can someone please tell me about how long a Spousal Visa takes?? Our K-1 I think took about 7 months, if I remember correctly.

Anyways, sorry for the loooong post, but thanks in advance for any help I can get !!!!!!! rose.gif

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You would not be able to petition your husband until you are domiciled in the US once again. If your stay in St. Lucia is guaranteed to be temporary (i.e. you have every intention of returning to the US once your contract expires) then it's possible that under immigration law you were domiciled in the US for the entire time. Domicile is a complicated subject, so it would probably be a good idea to speak to an experienced immigration attorney before you file anything.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: IR-1/CR-1 Visa Country: Fiji
Timeline

Hi VJ peeps !!! helpsmilie.gifhelpsmilie.gif

I have not been on here in a REAALLLLLYYYYY long time, because life has been very fast and busy. I have what I believe is a very complicated issue and I am not sure where to begin. I am not even sure if I am posting in the proper place. whistling.gif

I guess it would only make sense to give a little bit of background information: So my husband and I have known each other for a really really loooong time and have been in and out of a long distance relationship since the age of about 16 (he is in Peru, I am in Miami). Long story short, finally after 20 years, we filed for K-1 late 2011, got approved, he arrived in Miami in May of last year, and we got married in June. In September due to personal issues he had to leave before we were able to get our paperwork in order and he has ofcourse lost his re-entry. headbonk.gif

I have traveled back and forth a couple times to see him since.

The huge problem now is we want to re-file but I don't think its as easy as filing for a Spousal Visa, because I am not currently living in the states. About 2 months ago, we separated and in that time I took a job offer in St Lucia. I am currently living in St Lucia on a work visa. I have a job contract for about a year and a half, which I do not want to break because it is a great opportunity. We have reconnected and realized that we want to make this marriage work, but we realize distance is our biggest enemy. (As I am sure most of you know!) cray5ol.gif

So what we would ideally like to happen, is for him to travel to St Lucia, to be here with me and my daughter. I might be able to figure that part out, not sure yet. BUT what I need help with is what can we do in the meantime to get his Spousal Visa in order so that when we decide to leave St Lucia, he can come with us to the states??? Is it possible to file for a Spousal Visa while we are both in St Lucia? Or do I have to be in the US and/or him in Peru???

Our last resort will be, we will all live in Peru after we leave St Lucia, waiting for his papers to be done, but this would not be our ideal situation. Can someone please tell me about how long a Spousal Visa takes?? Our K-1 I think took about 7 months, if I remember correctly.

Anyways, sorry for the loooong post, but thanks in advance for any help I can get !!!!!!! rose.gif

ok so hypnos is totally correct there is domicile and affidavit of support thingys to worry about at a much later stage. if you are able to get a grip on those and take care of them you can file whenever you want. filing from abroad will likely get you an approval in 3-5 months with a few taking a little longer.. then you have a month to get to nvc and papers at nvc you can take a year to process if you like.. your choice. visa interview a few months after nvc completes your case, embassy issues a visa that is good for travel to the states for six months.

basically you can file now and you can guide the whole process to delay for close to two years and be at a stage to pull the trigger when you are ready and finalize everything within a few months

good luck read lotsa stuff n come back.. and domicile and sponsors don't come up until you get to nvc

Edited by stevie b


8/16/2012 I-129F NOA1
11/8/2012 Married
1/3/2013 I-129F cancelled
1/29/2013 withdrawal notice received
2/5/2013 I-130 NOA1 with error on wife's name
Case status not available
2/5/2013 Unable to generate service request

3/13/2013 transferred to local office
3/26/2013 Service request generated
4/12/2013 Infopass, file in workflow March 28
4/19/2013 Case status available - APPROVED!

Detour to the NVC via NRC

For information on my detour and the steps I took to free my petition, check
"about me"

NVC

6/7/2013 NVC logs file as received

6/11/2013 Case number and IIN assigned

6/12/2013 DS-3032 emailed

6/13/21013 AOS paid

6/14/2013 DS-3032 emailed attention superuser (stupid me)

6/23/2013 DS-3032 emailed attention supervisor

6/24/2013 DS-3032 accepted

6/25/2013 IV bill generated and paid

07/06/2013 IV & AOS sent; 07/11/2013 NVC logs received

07/30/2013 IV Accepted; AOS Checklist

08/01/2013 AOS Checklist received

08/02/2013 AOS resent; 08/07/2013 NVC logs received

08/28/2013 Case Complete

09/10/2013 Interview date assigned

Embassy

08/14/2013 Medical; 08/19/2013 Medical Ready

08/07/2013 Police cert ordered (Fiji delivers straight to the embassy)

10/02/2013 Interview

xx/xx/2013 Visa in Hand

xx/xx/2013 POE Los Angeles International Airport

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Filed: IR-1/CR-1 Visa Country: Fiji
Timeline

Arghhhh even so much more confused now! I wish this was easier sad.png thanks Hypno and Stevie B for your help.

I don't know how long you are going to take to make a decision, but I am confident that by the end of October you will see the approval times for 130's take a tremendous step down due to a new facility coming online this month

just some more confusion for you ;)


8/16/2012 I-129F NOA1
11/8/2012 Married
1/3/2013 I-129F cancelled
1/29/2013 withdrawal notice received
2/5/2013 I-130 NOA1 with error on wife's name
Case status not available
2/5/2013 Unable to generate service request

3/13/2013 transferred to local office
3/26/2013 Service request generated
4/12/2013 Infopass, file in workflow March 28
4/19/2013 Case status available - APPROVED!

Detour to the NVC via NRC

For information on my detour and the steps I took to free my petition, check
"about me"

NVC

6/7/2013 NVC logs file as received

6/11/2013 Case number and IIN assigned

6/12/2013 DS-3032 emailed

6/13/21013 AOS paid

6/14/2013 DS-3032 emailed attention superuser (stupid me)

6/23/2013 DS-3032 emailed attention supervisor

6/24/2013 DS-3032 accepted

6/25/2013 IV bill generated and paid

07/06/2013 IV & AOS sent; 07/11/2013 NVC logs received

07/30/2013 IV Accepted; AOS Checklist

08/01/2013 AOS Checklist received

08/02/2013 AOS resent; 08/07/2013 NVC logs received

08/28/2013 Case Complete

09/10/2013 Interview date assigned

Embassy

08/14/2013 Medical; 08/19/2013 Medical Ready

08/07/2013 Police cert ordered (Fiji delivers straight to the embassy)

10/02/2013 Interview

xx/xx/2013 Visa in Hand

xx/xx/2013 POE Los Angeles International Airport

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