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Ge Eli Nou

Immigration process for spouse residing abroad

By Ge Eli Nou in Bringing Family Members of US Citizens to America

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Ge Eli Nou Newbie

Ge Eli Nou   0

Posted
Timeline
Posted

Dear all,

I am a Belgian & US citizen, currently still living in Brussels, Belgium with my Belgian husband.

We would like to relocate to the US beginning of 2020 ( around February -March) and to do so I would fly to the US in January and look for a job ( and a place to stay) so I can file the I130 & the affadavit of support.

Our question is the following : can my husband enter the US with me in January and stay with me while I file the paperwork? I am aware he will not be able to work until he receives the necessary papers (which is absolutely fine).

We read that we could file documents simultaneously allowing him to do an adjustment of status (from tourist, ESTA) and allowing him to stay  in the US during the immigration process.

Is this actually the case or must I initially file the i130 & affadavit of support, wait until this is accepted & a visa number is granted? (meaning he would have to stay in Belgium?)

Also read about DS 260...

I am thinking of contacting an immigration lawyer since I am reading conflicting articles on how to proceed / length of the process.

Thanks in advance,

KR,

Georgia

 

 

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
3 minutes ago, Ge Eli Nou said:

Dear all,

I am a Belgian & US citizen, currently still living in Brussels, Belgium with my Belgian husband.

We would like to relocate to the US beginning of 2020 ( around February -March) and to do so I would fly to the US in January and look for a job ( and a place to stay) so I can file the I130 & the affadavit of support.

Our question is the following : can my husband enter the US with me in January and stay with me while I file the paperwork? I am aware he will not be able to work until he receives the necessary papers (which is absolutely fine).

We read that we could file documents simultaneously allowing him to do an adjustment of status (from tourist, ESTA) and allowing him to stay  in the US during the immigration process.

Is this actually the case or must I initially file the i130 & affadavit of support, wait until this is accepted & a visa number is granted? (meaning he would have to stay in Belgium?)

Also read about DS 260...

I am thinking of contacting an immigration lawyer since I am reading conflicting articles on how to proceed / length of the process.

Thanks in advance,

KR,

Georgia

 

 

He cannot enter with a preconceived plan to adjust status 

YMMV

Crazy Cat Grand Master

Crazy Cat   42,198

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)

He can not enter the US via a tourist visa/ESTA with the intent to adjust status.  That is visa fraud.   In addition, he can not live in the US during the spousal visa process.  He can make short visits to the US during the process.  Currently, the average spousal visa process is 12-18 months.....from filing to interview.

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Crazy Cat Grand Master

Crazy Cat   42,198

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
7 minutes ago, Ge Eli Nou said:

We read that we could file documents simultaneously allowing him to do an adjustment of status (from tourist, ESTA) and allowing him to stay  in the US during the immigration process.

That is only for people already in the US......It is not applicable in your case.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Timona Experienced

Timona   4,208

Posted
Filed: Citizen (apr) Country: Kenya
 Timeline
Posted
1 hour ago, Ge Eli Nou said:

Dear all,

I am a Belgian & US citizen, currently still living in Brussels, Belgium with my Belgian husband.

We would like to relocate to the US beginning of 2020 ( around February -March) and to do so I would fly to the US in January and look for a job ( and a place to stay) so I can file the I130 & the affadavit of support.

Our question is the following : can my husband enter the US with me in January and stay with me while I file the paperwork? I am aware he will not be able to work until he receives the necessary papers (which is absolutely fine).

We read that we could file documents simultaneously allowing him to do an adjustment of status (from tourist, ESTA) and allowing him to stay  in the US during the immigration process.

Is this actually the case or must I initially file the i130 & affadavit of support, wait until this is accepted & a visa number is granted? (meaning he would have to stay in Belgium?)

Also read about DS 260...

I am thinking of contacting an immigration lawyer since I am reading conflicting articles on how to proceed / length of the process.

Thanks in advance,

KR,

Georgia

 

 

 

Since you're married, why don't you start the CR1 process ASAP while in Belgium? That will cut you some waiting time.

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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

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