I-130 petition for spouse: 3 questions

[Jsco 0]

Hello everybody,

 

My wife (Nicaraguan) and I filed our petition in January 2018 (received date January 23 2018), with the Nebraska service center processing it.  At the very end of May, due to the urgent situation in Nicaragua that has been going on since late April (Effectively a civil war), I formally requested to expedite our case on humanitarian grounds. First, through a USCIS agent over the phone. It was rejected literally two days later (Beginning of June) via email. Afterwards, I entered in contact with my local congressman and through his office made the request once again to the USCIS, and this time, provided documentation demonstrating what has been going on in Nicaragua, as well as demonstrating a specific threat to my wife (her father was assassinated for political reasons by the same government that is committing these atrocities today). The USCIS still rejected the request.

 

1st question: Is further trying to expedite our case a futile effort? The USCIS, on their own web site, specify ''humanitarian reasons" for expedite criteria, yet do not actually seem to take that into account. We're 7 months into our processing; how accurate are their estimated case processing times? If they're accurate, we'll have a decision within two months.

 

2nd question: My wife's tourist visa expires in March 2019 and will have to renew it in order to come see me in the USA; will the renewal affect our pending I-130 petition (or hopefully by then the NVC process)? She plans on trying to renew it within the next month.

 

3rd question: Can we simultaneously undertake immigration proceedings in another country (Canada and/or France) without undermining our process in the United States? I ask, because we cannot continue to live separately for another year or two, and if another country can process our case quicker, it will be well worth the extra fees. At this point, we just need to be together permanently, like a married couple should be.

 

Thanks for any input/advice

 

 

 

[Ryan H 3,834]

Answers:

1. You can keep requesting an expedite but given that the request has been turned down twice, it's unlikely that any further requests would be successful.  As for the times, estimates are only that, I would not expect a decision to be within that timeframe and to count your blessing were you to receive a decision within the estimated timeframe.
2. Attempting to renew a tourist visa will not have any affect on the petition; however, the renewal may be rejected as your wife has immigrant intent.
3. If you undertake a process for another country, it does not have any bearing on the US immigration process but you may find that you would not qualify to start a process for another country owing to strict filing requirements.

[pushbrk 13,168]

1 hour ago, Ryan H said:

Answers:

1. You can keep requesting an expedite but given that the request has been turned down twice, it's unlikely that any further requests would be successful.  As for the times, estimates are only that, I would not expect a decision to be within that timeframe and to count your blessing were you to receive a decision within the estimated timeframe.
2. Attempting to renew a tourist visa will not have any affect on the petition; however, the renewal may be rejected as your wife has immigrant intent.
3. If you undertake a process for another country, it does not have any bearing on the US immigration process but you may find that you would not qualify to start a process for another country owing to strict filing requirements.

Good answers for 1 and 2, and perhaps three as well.  I'm just not sure I understand question 3 though.  Are you talking about your wife moving to another country and immigrating to the US from there, or both of you immigrating to a third country?  Please clarify.

 

To clarify #2 above, because she clearly has immigrant intent, it is unlikely she would be successful renewing her current B1B2 visa.  She may be able to continue using it and visit you, or spend time in any other country she can arrange to travel to.

[Jsco 0]

17 hours ago, pushbrk said:

Good answers for 1 and 2, and perhaps three as well.  I'm just not sure I understand question 3 though.  Are you talking about your wife moving to another country and immigrating to the US from there, or both of you immigrating to a third country?  Please clarify.

 

To clarify #2 above, because she clearly has immigrant intent, it is unlikely she would be successful renewing her current B1B2 visa.  She may be able to continue using it and visit you, or spend time in any other country she can arrange to travel to.

Thanks for the replies.  I am talking about my wife and I initiating immigration proceedings in a third country to live there. We both are familiar with France and Canada (Quebec), for example. At this point, we just want to live together permanently. And now that the option of living in Nicaragua really is no longer on the table, we are now looking into those two other countries lest the US immigration proceedings take too long, or God forbid, are unsuccessful.

 

As for renewing her tourist visa, it's hard to not find it appalling they would deny her the renewal, considering we are married and need to see each other. I cannot simply continue to come to Nicaragua if the country keeps plunging deeper and deeper into violence and anarchy.

Couldn't we provide evidence that links her to her country, for example a return flight and/or a formal  letter from her employer (a hospital) indicating her obligation to return to work? Also, when you say, "she may be able to continue using it and visit your", you mean only up until the expiration date, of course?

 

Thank you

[Ryan H 3,834]

3 hours ago, Jsco said:

Couldn't we provide evidence that links her to her country, for example a return flight and/or a formal  letter from her employer (a hospital) indicating her obligation to return to work?

 

You can provide such evidence; however, it will not guarantee a successful outcome.  The fact of the matter is this, a US Citizen spouse will supersede any tie a tourist visa applicant has to their own country.

[pushbrk 13,168]

11 minutes ago, Ryan H said:

 

You can provide such evidence; however, it will not guarantee a successful outcome.  The fact of the matter is this, a US Citizen spouse will supersede any tie a tourist visa applicant has to their own country.

And, since you asked me, this (above) is the answer I would give.  US Immigration law forbids issuing non-immigrant visas to people with immigrant intent, and requires that the immigrant intent be assumed until compelling evidence is shown to overcome that assumption.  They DO sometimes make exceptions in truly exceptional circumstances, but I don't see those circumstances in your case, since you CAN see each other outside the US.  The don't care how inconvenient that might be.  

 

Another exception could be made if YOU were able to show you are a permanent resident of country X and just want to visit your family with your wife.  I've seen that fail many times but succeed a few times.

Edited August 16, 2018 by pushbrk