Need advice urgently

[APeralta 2]

Hello all,

My wife (US Citizen) and I have been married for 1.5 years and we're are currently living in Portugal, looking to move to the city of Boston within 6 to 8 months. However, this whole immigration process is quite overwhelming due to the amount of forms and information around...

I understand I must start the process with the i-130 form, however, by October we will have completed 2 years of marriage which would enable me to get a permanent Visa, so I'm not quite sure how to procceed with this. I need to get employment authorization as well (I don't have any job offers at the current time though). Should I start the i-130, wait for approval and interview, move to the States and then do the i-485 while I'm there and get both i-485 and 756 at the same time or do the i-751 instead? I'm also trying to keep everything as cheap as possible cost wise.

Also, If I got a job offer meanwhile my i-130 was being processed, could I do a K3 visa, move to the US and the company would deal with the employment authorization and residence?

Thanks for all the help in advance, I'm rather lost with all of the immigration process...

André

[Harpa Timsah 13,258]

The spousal visa process begins with a I-130 whether your have been married 2 years or less. The Greencard you get at the end will be different, but the process is the same. So don't worry about that part.

It is illegal to move to the US on a tourist visa with the intent to immigrate (which is your suggested I-485 path).

Sticking with the spousal visa process is much cheaper, and more elegant overall anyway.

Once your I-130 is approved, then you will apply for a spousal visa at your local consulate/embassy. With that visa, you move to the US, and entering the country will trigger your status as a Legal Permanent Resident (LPR). A LPR has the right to work, travel, and live in the US normally.

K-3 doesn't exist anymore, in practice.

Hope that clears it up for you.

Edited February 13, 2014 by Harpa Timsah

[Darnell 8,478]

Aperalta - apologies, you seem muddled, to include an I-485 when chasing a spousal visa.

We've a guide here you should follow.

In the meantime, refactor YOUR plan on the calendar, as it's no longer YOUR plan,

it's the plan of USCIS and the DoS. Study THEIR calendars, refactor YOUR plan to match their plan.

---

here's an example of something you should refactor:

get a job offer, come over on a K-3 visa, start working:

1. K-3 visa holders are not allowed to work in the USA.

2. You'd have to adjust status if holding a K-3 visa, leading to a green card and permanent resident status

3. You'd have to WAIT for the adjustment of status to be completed before you can work.

4. K-3 visa holders cannot chase a SSN, must have EAD or GC first.

I suggest you two chase after a CR-1 or IR-1 visa. We've a GUIDE for that, in the GUIDES section.

Why? You could work legally within 2 weeks of hitting dirt in the USA, but you have to chase a tax id, SSN, around day 10.

[APeralta 2]

Thank you for your fast responses! I'm sorry I wasn't aware of the Guide section. I've read the guide and your comments thoroughly and I understand what I have to do. It seems I had been mislead on most websites telling me I had to do more than I actually have to, thus being so overwhelmed with conflicting information. My wife will start my I-130 ASAP and I hope the process goes out smoothly.

One last question Darnell, you said that I could study their calendar to fit my plan accordingly, where can I do that?

Many thanks!

André

[cathy2904 97]

The good news is that by the time your visa is issued - or certainly by the time you are ready to move - you will probably have been married for over two years so you will automatically receive an IR1 visa and a 10 year green card. That will avoid the cost and hassle of having to remove conditions in two years time.

[APeralta 2]

Is it normal for the Visa Process to take full 6 months? I was hopeful I could move by September.. I understand it's completely out of my control and we probably should've started everything sooner, but should I be any hopeful for this to happen or It's just better to plan for 6+ months?

[Harpa Timsah 13,258]

Is it normal for the Visa Process to take full 6 months? I was hopeful I could move by September.. I understand it's completely out of my control and we probably should've started everything sooner, but should I be any hopeful for this to happen or It's just better to plan for 6+ months?

It takes longer than 6 months.

Remember, the i-130 approval is just the first step.

[APeralta 2]

What should I do if for example: I start my i-130 process, it hasn't been approved yet, I get a job offer over from the US. How should I procceed about this? If someone with a K3 is not allowed to work in the US, is there a different way to go there while waiting for the I-130 and have a job?

Edited February 13, 2014 by APeralta

[Harpa Timsah 13,258]

If you got a job offer in the US, they would have to sponsor you for a work visa, which are already sold out for this year. They would have to pay thousands of dollars to get you here. Do you have a job in mind?

[Ryan E 10]

You're looking at about a year if everything goes very well. 8 to 9 months for USCIS, 2 months for NBC, then another month or two for the embassy. That's assuming no problems and the stars align just right. You can look in the forum and the timelines of the others to get a closer feel. Specifically look at the time the embassy will take. Some are faster than others.

[Ryan E 10]

Job acceptance will have to wait until you get there unless they are willing to allow you to telecommute from Portugal.

[christeen 966]

Plan on a year.... A job offer from the USA would require sponsorship from a company for a work visa... K3 is not a viable option do a search and you will see that they are functionally obsolete... Get on it and file the i130 ASAP to get you going... But you will need to adjust your plans as 99.9% it will not be issues by September....

[APeralta 2]

If you got a job offer in the US, they would have to sponsor you for a work visa, which are already sold out for this year. They would have to pay thousands of dollars to get you here. Do you have a job in mind?

I have companies in the Boston that I'm going to try to apply for a job (I'm in the sound field) but I only have 2 years of work experience under my belt, It's hard to believe a company will go that far for someone with as little experience as I do. We wanted to move in sooner because my wife wants to start a course and get herself a job there ( No luck over here), so we wanted to get moving as fast as we can. One year seems a long time. I've seen people saying USCIS took them 3-4 months for approval. Will it be that lenghty after the approval? Can't believe it takes 1 full year for someone to immigrate to the US...

[aaron2020 11,651]

What should I do if for example: I start my i-130 process, it hasn't been approved yet, I get a job offer over from the US. How should I procceed about this? If someone with a K3 is not allowed to work in the US, is there a different way to go there while waiting for the I-130 and have a job?

You can not take the job.

You have to wait for an immigration visa.

The K-3 is not a separate process that you can apply for. Your request will be logged into the system and then ignored. The I-130 CR-1 process will control. It can not be supplemented by the K-3. (For practical purposes in pursuing a path to the US - ignore the K-3 because the US government will when you have an I-130 that is being processed).

There is no path that would allow you to come to the US to work while the I-130 route is being pursued.

[Darnell 8,478]

One last question Darnell, you said that I could study their calendar to fit my plan accordingly, where can I do that?

Nope, you got it backwards.

Their calendar becomes your calendar,

not the other way around, as you've written.

Refactor.