need help and ideas (merged threads)

[a.cornelia 1]

Yes, just make sure you bring lots of evidence of ties to your home country.

and what kind of evidence would that be?

return tickets?

or my working contract for example?

what else?

and does it matter if these documents are in German?

I'm sorry for asking so many questions. Just want to make sure to do everything the right way.

[HandmadeTurnip 151]

and what kind of evidence would that be?

return tickets?

or my working contract for example?

what else?

and does it matter if these documents are in German?

I'm sorry for asking so many questions. Just want to make sure to do everything the right way.

Yes, those are some good examples. Evidence that you rent or own a house would be useful as well, if applicable.

I'm not sure what the usual practice is if you have documents in a foreign language though, sorry. Being from an English-speaking country, I've never had that issue myself. Hopefully someone else can answer.

You may want to refer to this thread for more advice: http://www.visajourney.com/forums/topic/479894-yes-you-can-visit-ir1-cr1-version/

Edited November 25, 2016 by HandmadeTurnip

[felipeTAYA 18]

If you have the baby in your country, the baby would not be a USC, as dad is not a USC.

[Michael2017 368]

Hallo,

Du kannst mir auch eine Private Nachricht schreiben. Wir sind in der genau selben Situation.

Grüße,

[a.cornelia 1]

Hey VJ members,

I'm really grateful to have found this site because the whole immigration process is totally confusing to me and so I hope to get some advice here.

I've been reading a lot online and also discussing with my husband but we are still unsure which way is the best and moreover legal to be able to live in the United States.

So here's our story:

My husband is a LPR since 2014 and we got married this year in March.

Our plan is to move together in August 2017 because with July 2017 my working contract will end and I'll be finally able to move.

In the meantime I'm planning to visit him in February and April with ESTA for 2 weeks each.

Now my questions:

1. Should we start to file now that I'm still abroad? And will I be able to enter the States (in February & April) legally with ESTA while we are filing already?

Will I have the medicals and Interview in my country then?

2. Or should we start the process when I'm in the States to visit my husband for the two weeks or later in August when I'm ready to stay?

Is it legal to enter the States with ESTA and start the immigration process?

I also read about the K3 Visa. Would that also be an option or is it only valid for spouses of US citizens?

My husband also talked about a card I'll get for one year while my Visa is pending - which will allow me to travel outside, get my social security and so on. Any further information on that?

Maybe someone could take his/her time to break it down to me step by step what exactly we should do and how we should do it, to legally get the Visa (asap).

I hope I don't sound too confused and I'm gratefully looking forward to your advice!

[aleful 1,905]

hi

not possible, since the wait for spouses of LPR is between a year and a half and 2 years

you can come to visit but never overstay the 3 months of visa waiver and not every 3 months you can come, you must live in your country more than you visit

he should have filed for you sooner

the k3 is practically obsolete for spouses of USC

your husband is incorrect, since you can't adjust status in the US, so there is no advance parole, nothing, you will have your interview in your country

there is nothing for you here while you wait until a visa can become available for you

[Boiler 46,125]

VWP is 90 days

Should have filed as soon as you married.

[cd37 229]

2 days ago in a different post, OP mentioned that she is pregnant. That will make hard to enter US

[EM_Vandaveer 2,417]

Your husband needs to file an I-130 ASAP. The whole process will take 2 years as you have to wait for PD to become current as a spouse of a LPR.

You cannot adjust status in-country. As a spouse of a LPR you could only do this once your PD is current and while maintaining legal non-immigrant status. That's not possible for you (could be an option for someone on a longer non-immigrant visa like a student visa).

You can visit in the meantime on VWP (never overstay and always stay longer in Austria than your visit lasted in the US before returning for another visit) if you can show strong ties to Austria.

You have been given this information already in your other thread.

Please refrain from starting multiple threads about the same issue.

Edited November 26, 2016 by EM_Vandaveer

[a.cornelia 1]

yes I know that we should have started the process earlier but tbh it was never our plan that I will immigrate to the US but rather that my husband will come and live here with me...

unfortunately due to his work and other circumstances our plans have changed..

and yes I have posted quite the same 2 days ago but that doesn't mean all my questions are answered - I'm still confused..

so just to get it right: the best (and only?) way is to file now while I'm abroad and I'm still allowed to enter the US with enough proof that I'll leave the country after 2 weeks..

Is that correct?

[EM_Vandaveer 2,417]

Correct. The only way is for your husband to file an I-130 for you ASAP. The clock won't start clicking for the 2-year wait (you won't have a Priority Date assigned) until he files it, so he should do it tomorrow, if possible.

There is no other way.

Yes, you can still visit him on the VWP.

Edited November 26, 2016 by EM_Vandaveer

[Pitaya 2,577]

_{~Two similar/same/ongoing- themed threads merged~}

_{~No need to start a new thread, continue with merged thread.~}

_Pitaya

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