From Switzerland to the USA

[HuberKimFamily 29]

Hello Everyone!

 

Normally I just see the timeline here, but I decided to finally post only because I do have a question. Hoping that you guys can answer!

 

So before I started the I-130 paper work, I emailed the USA embassy around me just to receive some kind of idea about the process. The USA embassy in Switzerland does not accept nor process the I-130 and neither does the USA embassy in Frankfurt. 

 

Question: Once everything is cleared, where would my husband go for his interview or the visa? 🤔

 

Also, I am still waiting to hear back whether or not the I-130 has been approved. Seems like that takes about a year? Give or take. 

 

We have been married for about 1.5 years and we do have a son. I will be moving back to VA this summer to resume my job. Obviously my husband and I will be going back and forth between Switzerland and USA. 

 

Question: Husband does a lot of work trip in the USA (works for a biotech company). During this process, is it OK for him to continue the work trips and visit us?

 

Anyways, thanks in advance for any response! 

[payxibka 10,047]

While the Swiss embassy doesn't do the I130 it does do the Visa interview .  I130 is submitted to the uscis stateside for processing

[millefleur 5,047]

33 minutes ago, HuberKimFamily said:

Question: Once everything is cleared, where would my husband go for his interview or the visa? 🤔

You've just confused the process a bit: USCIS processes the I-130 stateside, and there's no interview for that part. It's just a petition that needs to be approved so he can apply for the immigrant spousal visa.

 

Once the I-130 is approved, the case gets moved to the NVC who will schedule the interview at the Embassy. According to the Embassy website: Immigrant visas to the United States are processed for citizens and residents of Switzerland at the U.S. Embassy in Bern.

 

https://ch.usembassy.gov/visas/immigrant-visas/

 

The Embassy is the last part of the journey...you're only just getting started and will deal with USCIS for the beginning (the I-130 petition). That's probably why you got confusing emails from the Embassy.

 

36 minutes ago, HuberKimFamily said:

Question: Husband does a lot of work trip in the USA (works for a biotech company). During this process, is it OK for him to continue the work trips and visit us?

He can continue to make business trips to the US, but once an immigrant visa petition is pending under his name, it could raise more questions with CBP. There have been plenty of people here who travelled on the WVP in and out of the US during the spousal visa process without issue...others get denied at the border if they are suspected to have immigrant intent at POE. It seems the cases of people being denied at the border are when they intend to stay the whole 90 days, have a lot of luggage and retain little ties to their home country.

[HuberKimFamily 29]

19 minutes ago, millefleur said:

You've just confused the process a bit: USCIS processes the I-130 stateside, and there's no interview for that part. It's just a petition that needs to be approved so he can apply for the immigrant spousal visa.

 

Once the I-130 is approved, the case gets moved to the NVC who will schedule the interview at the Embassy. According to the Embassy website: Immigrant visas to the United States are processed for citizens and residents of Switzerland at the U.S. Embassy in Bern.

 

https://ch.usembassy.gov/visas/immigrant-visas/

 

The Embassy is the last part of the journey...you're only just getting started and will deal with USCIS for the beginning (the I-130 petition). That's probably why you got confusing emails from the Embassy.

 

He can continue to make business trips to the US, but once an immigrant visa petition is pending under his name, it could raise more questions with CBP. There have been plenty of people here who travelled on the WVP in and out of the US during the spousal visa process without issue...others get denied at the border if they are suspected to have immigrant intent at POE. It seems the cases of people being denied at the border are when they intend to stay the whole 90 days, have a lot of luggage and retain little ties to their home country.

Ah Ok! Thank you for the response!

 

Luckily my husband is only in the USA for work travel like a week maximum. He always has to rush back and go to another country in Europe.>_<

 

Another quick question then....

Once we get to the end of it all and my husband comes to the USA. He will most likely continue to work for this company. Maybe be home office based and just travel to Switzerland and Germany (He already travels to Germany once a month). Hopefully they can transfer him to the US branch soon. But until then, this maybe the situation.

 

Can he still work travel with the green card pending??? Or must he receive the green card in his hand before work travelling???

 

 

[millefleur 5,047]

2 minutes ago, HuberKimFamily said:

Can he still work travel with the green card pending??? Or must he receive the green card in his hand before work travelling???

Well, the plus side about the spousal visa is that, as soon as he has the spousal visa in his passport and he successfully enters at POE....he has automatic rights to work in the US. So, from that perspective, it shouldn't be an issue. It could get complicated with working for a foreign company but living in the US in terms of taxes, but not an issue with the CR-1 visa.

 

In terms of him doing business while the petition and visa are pending, same rules would apply as anyone visiting on the VWP or a business visa if that's the current visa he has. A pending I-130 would not change whatever the current regulations/restrictions are with his current visa situation.

[Filters 2]

12 hours ago, HuberKimFamily said:

 

Quote

Question: Once everything is cleared, where would my husband go for his interview or the visa? 🤔

 

Also, I am still waiting to hear back whether or not the I-130 has been approved. Seems like that takes about a year? Give or take. 

 

We have been married for about 1.5 years and we do have a son. I will be moving back to VA this summer to resume my job. Obviously my husband and I will be going back and forth between Switzerland and USA. 

If your husband is Swiss-citizen or Swiss-Resident, he will go to the Embassy in Bern.

After everything is finished ofc...

Here how it was for me, (i just got my visa this last week 11.04.2019.)

 

USCIS (i130&I130a + proof + fee) (took about 7 months to get NOA2.)

After that everything will be sent over to NVC. (took about 1 month) 

 

NVC (DS260 & i864 or i864ez + a couple of documents like IRS Transcript and others + 2x fee) (takes about 1-2 months)

After that everything gets sent over to Embassy and they will give you both a date when your husband can come in for the interview. (took about 3-4 weeks)

 

Your husband will have to scheudle a Medical Checkup by a approved Doctor before he goes to the interview. (either in Bern, Zürich or Geneva). (This will cost something too ofc...)

From the interview date email to the interview itself it took about 3 weeks.

 

After the interview it took 2 days until my passport could be picked up at the embassy. But they also offer to send it to you per mail, if you bring a envelope incl. stamps.

Edited April 15, 2019 by Filters

[HuberKimFamily 29]

2 minutes ago, Filters said:

If your husband is Swiss-citizen or Swiss-Resident, he will go to the Embassy in Bern.

After everything is finished ofc...

Here how it was for me, (i just got my visa this last week 11.04.2019.)

 

USCIS (i130&I130a + proof + fee) (took about 7 months to get NOA2.)

After that everything will be sent over to NVC. (took about 1 month) 

 

NVC (DS260 & i864 or i864ez + a couple of documents like IRS Transcript and others + 2x fee) (takes about 1-2 months)

After that everything gets sent over to Embassy and they will give you both a date when your husband can come in for the interview. (took about 3-4 weeks)

 

Your husband will have to scheudle a Medical Checkup by a approved Doctor before he goes to the interview. (either in Bern, Zürich or Geneva). (This will cost something too ofc...)

From the interview date email to the interview itself it took about 3 weeks.

 

After the interview it took 2 days until my passport could be picked up at the embassy. But they also offer to send it to you per mail, if you bring a envelope incl. stamps.

AH!! Thank you for responding! 

Awesome...So far our i130 is taking forever. But oh well~~~

 

Also once the visa comes through, how long before my husband has to come to the USA?

 

Thank you!

 

[Filters 2]

6 minutes ago, HuberKimFamily said:

AH!! Thank you for responding! 

Awesome...So far our i130 is taking forever. But oh well~~~

 

Also once the visa comes through, how long before my husband has to come to the USA?

 

Thank you!

 

Yea yall hang in there. The wait is the hardest part.

 

As soon as your husband holds the visa in his hands, he can theoretically go straight to the airport.

To my knowlage he should unregister in Switzerland before he leaves (because of taxes and millitary and so on).

Thats what im about to do. I dont think it will take long.

 

Edited April 15, 2019 by Filters

[Filters 2]

14 hours ago, Filters said:

Also once the visa comes through, how long before my husband has to come to the USA?

The visa is good for max. 6 months, meaning as long as good as the medical report is.

[pushbrk 13,244]

On 4/14/2019 at 5:46 PM, HuberKimFamily said:

Hello Everyone!

 

Normally I just see the timeline here, but I decided to finally post only because I do have a question. Hoping that you guys can answer!

 

So before I started the I-130 paper work, I emailed the USA embassy around me just to receive some kind of idea about the process. The USA embassy in Switzerland does not accept nor process the I-130 and neither does the USA embassy in Frankfurt. 

 

Question: Once everything is cleared, where would my husband go for his interview or the visa? 🤔

 

Also, I am still waiting to hear back whether or not the I-130 has been approved. Seems like that takes about a year? Give or take. 

 

We have been married for about 1.5 years and we do have a son. I will be moving back to VA this summer to resume my job. Obviously my husband and I will be going back and forth between Switzerland and USA. 

 

Question: Husband does a lot of work trip in the USA (works for a biotech company). During this process, is it OK for him to continue the work trips and visit us?

 

Anyways, thanks in advance for any response! 

To be clear, interviews are held at the Immigrant Visa Unit in US Consulates.  Sometimes Consulates are housed at or near the US Embassy and sometimes not.  Swiss interview in Switzerland if that's where they live.  Frankfurt is a Consulate, not an Embassy, but it IS where the IV Unit operates.  Sometimes the IV Unit is housed away from the actual Consulate or Embassy.  Know the difference.

[HuberKimFamily 29]

3 hours ago, pushbrk said:

To be clear, interviews are held at the Immigrant Visa Unit in US Consulates.  Sometimes Consulates are housed at or near the US Embassy and sometimes not.  Swiss interview in Switzerland if that's where they live.  Frankfurt is a Consulate, not an Embassy, but it IS where the IV Unit operates.  Sometimes the IV Unit is housed away from the actual Consulate or Embassy.  Know the difference.

I see. Thank you for the information!

 

Then a quick question so that I am understanding everything...

 

Since we do have a US Consulate in Zurich. Does it mean that my husband can be interviewed in Zurich or does he have to go to the main US Embassy in Bern?

 

Thank you!

[pushbrk 13,244]

32 minutes ago, HuberKimFamily said:

I see. Thank you for the information!

 

Then a quick question so that I am understanding everything...

 

Since we do have a US Consulate in Zurich. Does it mean that my husband can be interviewed in Zurich or does he have to go to the main US Embassy in Bern?

 

Thank you!

Only one IV unit per country.  For you, it's Bern.  Hint:  Google Immigrant visa unit Switzerland.  Google is your friend.  VJ is not the only source of information you are going to be needing.  Instructions for actual forms would be most important.

[NikLR 13,232]

Also to note, once your husband immigrates on a US visa (IR1 or CR1 depending on your length of marriage at POE) that visa becomes a temporary green card valid for 1 year.  So he can continue to travel for work until he is able to be transferred to a US branch. 

He would be eventually sent the hard copy green card before that year is up too.  

[Stutters 43]

bern does the the visa. we are in switzerland. our interview is there.