Ideal time to file for CR-1 visa

[ronnieshih 0]

7 minutes ago, KierenHby said:

Visa fraud

That's what I thought, it is just a visit under VWP.  i still need to apply for the CR-1 visa.

[pushbrk 12,882]

1 hour ago, KierenHby said:

It is safe. Can file any time.

But advice to wait is simply playing it safe in case she gets questioned at poe, and (the rare) chance she might be denied entry. 

This answer makes no sense.  The OP is filing a spouse petition seeking an immigrant visa.  Unless she is directly asked if a petition has been filed for her, there's no issue.  If she is asked, she would, as usual, be bringing evidence of her ties to Taiwan, like job, school, or whatever the reason is that she is NOT choosing to adjust status.

 

[pushbrk 12,882]

1 hour ago, ronnieshih said:

I have no problem filing after she leaves, however, I am hoping to have her here for 3 months.  Filing after she leaves means I delay the whole process by 3 months   So even filing right now, when she physically isn't here yet, is not safe?

 

It is perfectly safe to file before she arrives.  You'll still be indicating she is not here on the filing date.  That she may come and go any number of times after filing, is irrelevant to your case progress or success.  See the section of the petition that asks if she is currently in the USA, and you'll see what I'm talking about.  In your case, since she has been in the USA, you answer question 45 as yes but if she is not present in the USA on the day you file (date of your signature) then 46a - d are left blank.  The old version asked this a little differently.  For those paying attention, they are asking for beneficiary passport number at question 47, so they want that with petition filing.  No alarm bells.  It can be answered with zeros if they don't have a passport yet.

 

Please pardon the diversion.  Some of what I wrote about does not apply to this case specifically but is important clarification for other readers.

 

[ronnieshih 0]

thank you so much.

 

Can anyone also confirm if there is still a G-325a form required?  This is apparently not listed as part of the package on USCIS' website.... i'm wondering why.

[KierenHby 899]

36 minutes ago, pushbrk said:

This answer makes no sense.  The OP is filing a spouse petition seeking an immigrant visa.  Unless she is directly asked if a petition has been filed for her, there's no issue.  If she is asked, she would, as usual, be bringing evidence of her ties to Taiwan, like job, school, or whatever the reason is that she is NOT choosing to adjust status.

As I said, it is safe to file the i130 anytime.  But unless she's a USC, there's always (even if .01%) a chance she could be denied entry.

 

And unless you know exactly what she's carrying, I didn't see any mention of evidence of her ties she'll be bringing. 

[broppy 204]

1 hour ago, ronnieshih said:

Can anyone also confirm if there is still a G-325a form required?  This is apparently not listed as part of the package on USCIS' website.... i'm wondering why.

G-325a is almost obsolete. The information for the petitioner is now included as part of I-130 itself. Information for the benficiary is now done with I-130a which should be submitted with the I-130.

[bcking 3,157]

4 hours ago, ronnieshih said:

Truthfully the answer at the point of entry would be "visiting to see husband, in-laws, and check out the future living environment."  "The petition for spousal visa is already in progress" would be answered by me, also truthfully.  This is ok?  The massive amount of red tapes simply would make me faint at the customs while coming back in.

My wife travelled to the US after we sent in the I-130 for those exact same reasons. To visit me and to see future living environment.

 

She was held in secondary at immigration for 2 hours and the officer said the ONLY reason he let her through was because by the time she came USCIS had approved it and it was in process being sent to the NVC.

 

If she travels here for 3 months AFTER submitting the I-130 the burden will be on her, and will be quite high, with proving she is not intending to stay. 3 months is a long time. Does she have no job in her home country? That weighs against her. She still has a place to live I hope? She'll need all the evidence she can muster to prove she will really go back. A return ticket may not be enough depending on the officer you get. It is very officer dependent though.

[bcking 3,157]

3 hours ago, pushbrk said:

This answer makes no sense.  The OP is filing a spouse petition seeking an immigrant visa.  Unless she is directly asked if a petition has been filed for her, there's no issue.  If she is asked, she would, as usual, be bringing evidence of her ties to Taiwan, like job, school, or whatever the reason is that she is NOT choosing to adjust status.

 

When my wife was traveling she was asked (though it took them about 30 minutes of grilling her to ask her, during which time they didn't let her speak).

 

Even when she told them the truth and said we had submitted the I-130 and she was intending to immigrate in the FUTURE but was planning to return home after 3 weeks (and she had evidence of ties, though she didn't have a job), the officer said it was still suspicious. At least for the officer she got, the fact that she had a pending I-130 proved she intended to immigrant in the future, which made it harder to prove that she wasn't trying to immigrate on that particular trip. In the end she was eventually able to explain to him (he didn't let her talk much) that the I-130 had been approved, and again at least for this specific officer that made the difference.

[mallafri76 1,012]

8 hours ago, broppy said:

But personally, I'd wait until the day after she leaves before filing. I'd want to avoid having to fill in part 4 item 46 (if the beneficiary is currently in the US).

This is exactly what my husband and I did. To make sure we didn't confuse them or make them expect adjustment of status, we mailed the I-130 the day after I left the US and hence didn't have to say that I was still in the US.

[jakelake 222]

6 hours ago, ronnieshih said:

I have not really employed this attorney yet to do my wife's visa, however, the info he is feeding me is rather confusing at this point.

 

He is now saying that when the wife is here on VWP during the visit, she just needs an adjustment of status and a visa is no longer needed?  

 

thanks.

Why do you even need an attorney? He is giving information that can get your wife into trouble.

If you keep this attorney, then you will really need an attorney.

[ronnieshih 0]

Is it not obvious the purpose of a spouse visiting usa or really the husband/wife while the filing is in progress?  Why would this get flagged as intent to immigrate?!  w t * Ok, so two get married, one is a US citizen, it's only natural for one wanting to be with the other, so what is the massive issue here with customs officials?  Purposely leave the two apart by tearing them apart at their his/her visit?!  Of course, the other one is intending to immigrate here!!!!!!!!  Just via the correct channel and not while visiting!!!!!!!!!!!  I don't understand the legality here and why it is "suspicious" in any way at all.  This is also why I am heading back there via a $1400 ticket for just 3 days to get her back and entering via the same line so I can speak since she isn't fluent in English.  If filing after she returns is safer then so be it.  But my question now turns to whether it is ok to visit FOR A SECOND OR THIRD TIME after the filing is kicked into gear.  What was it that I read on the USCIS website?  we welcome you..... or is it we don't welcome you?  

Edited April 13, 2017 by ronnieshih

[CantThinkOfOne 22]

4 hours ago, jakelake said:

Why do you even need an attorney? He is giving information that can get your wife into trouble.

If you keep this attorney, then you will really need an attorney.

Oh, I am almost certain a lot of people here have seen an attorney at one point or another, and most likely before discovering VJ  I know I have, and boy.... makes me shake my head: said attorney adviced me to apply for a B2 (I come from a VWP country)  and wait my SO's divorce out, then get married and adjust  That in the context of said attorney previously having worked for the US Embassy in my country  Glad I did some research on my own and didn't bite the bait (because I have no other explanation)  So yeah.... there are attorneys and ATTORNEYS  Sorry for the digression 

 

Now back to OP's issue, I have a question too: I do understand the problem/ confusion of "launching" the paperwork while she's there (would considerably decrease the time spent apart too), but wouldn't explaining the situation in the cover letter help avoid said confusion? Or when answering said question/s make a reference to another paper in which one explains exactly the situation (she's there to help with the paperwork, meet family/ friends and get familiar with the place) ?

Edited April 13, 2017 by CantThinkOfOne

[CantThinkOfOne 22]

1 hour ago, CantThinkOfOne said:

I do understand the problem/ confusion of "launching" the paperwork while she's there (would considerably decrease the time spent apart too), but wouldn't explaining the situation in the cover letter help avoid said confusion? Or when answering said question/s make a reference to another paper in which one explains exactly the situation (she's there to help with the paperwork, meet family/ friends and get familiar with the place) ?

After having reviewed the i-130 Form, wouldn't the confusion created in answering the #46 be cleared later in #61 and #62? Because the two sets of questions are specifically there to clear that issue. Anyone here that had a hardtime filing for CR1/IR1 with the Beneficiary present in the US at the time of filing?

 

OT: sorry for double posting, but couldn't edit anymore 

 

Edited April 13, 2017 by CantThinkOfOne

[Thesmiths2016 117]

13 hours ago, KierenHby said:

Visa fraud

agreed, your attorney is advising you to commit immigration fraud, which if caught will see your wife banned from the USA for a period of time (I believe 10 years).  It's not worth the risk.

Submit the application, have her visit, she can say she's visiting family and she's being completely truthful.  Ensure she has a return flight booked, and has ties back home in case they ask to see proof she will return (bank account back home, house lease or ownership, a job, etc).  This early in the process however she shouldn't have too much trouble.  And if they do ask if she intends to immigrate, she can answer truthfully by advising "yes eventually but not yet.  We have just started the process so I'm just here on holiday until (insert date) and then heading home until next year when my application gets approved"  (it takes around a year currently).  Closer to the end of the process, when her documents are at NVC she's much less likely to be granted entry, but you seem to be early on in the process.

[bcking 3,157]

4 hours ago, Thesmiths2016 said:

agreed, your attorney is advising you to commit immigration fraud, which if caught will see your wife banned from the USA for a period of time (I believe 10 years).  It's not worth the risk.

Submit the application, have her visit, she can say she's visiting family and she's being completely truthful.  Ensure she has a return flight booked, and has ties back home in case they ask to see proof she will return (bank account back home, house lease or ownership, a job, etc).  This early in the process however she shouldn't have too much trouble.  And if they do ask if she intends to immigrate, she can answer truthfully by advising "yes eventually but not yet.  We have just started the process so I'm just here on holiday until (insert date) and then heading home until next year when my application gets approved"  (it takes around a year currently).  Closer to the end of the process, when her documents are at NVC she's much less likely to be granted entry, but you seem to be early on in the process.

The one time my wife visited the US while our case was pending (it was between USCIS and NVC) we called a lawyer because the experience of her visiting me was so traumatic we didn't think she would be able to try again (so we were facing months without seeing each other).

 

We picked the most well respected, most highly rated immigration lawyer in Houston. He recommended a very similar thing to what this lawyer is telling the OP. He said essentially that if she just overstayed her visit, we would be able to still adjust her status and would be done with the process quicker. He did say that there would be a period where she is an "illegal immigrant", but he said it wouldn't make much of a difference practically. He said the process would be quicker and we would get to stay together and he had done that for a lot of people.

 

So yes lawyers do recommend "fraud" sometimes. It just goes to show you how screwed up our system is. Going the illegal route would have been quicker and "easier", with "minimal risk" according to him. I imagine a good lawyer is key there. My wife and I declined and wanted to do things by the book.