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Kel76

concurrent filing

By Kel76 in Bringing Family Members of US Citizens to America

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Kel76 Newbie

Kel76   0

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Hi to all,

 

I am new to this so please bear with me, if I have asked an already posted questions, my apologies. 

 

I am married to a US citizen. We are currently living and working in Australia. We plan on packing up and moving to Tennessee in January 2019. Once there my husband will file i130 and i145 and any other necessary forms by February. His family are going to do an affidavit for support (given he hasn't worked in the US for the last 3 years). We will also be bringing my daughter over (his stepdaughter) who is 12. 

 

My question is, can we do this or does he have to move back to US alone and file the i130 form leaving me and my daughter in Australia waiting it out?

 

Would love to hear peoples thoughts/ideas/experiences in the same.

 

Many thanks 

 

Kelly  

 

Married: 03 December 2016 in Tennessee

Nationality: British (living in Australia)

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

You cannot do concurrent filing. The I-485 (AOS) must be filed while in the US. You cannot enter on a tourist visa (or ESTA) with intent to file for AOS...that's fraud.

 

He can remain in Australia and file the I-130 from there. Before the visa can be issued, he will need to either a) have domicile within the US, or b) show sufficient intent to establish domicile within the US.

http://www.visajourney.com/content/i130guide1

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Boiler Grand Master

Boiler   46,176

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

He can presumably wait for you in Australia, always difficult to put a time line on these thing but I would expect you are looking at the end of 2019.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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