LPR filing for spouse... abroad or in US?

[Asaurus 0]

Hello, 

I think I'm in a bit of a pickle and need some light shed on my thinking.

I'm an LPR currently visiting my spouse abroad. My spouse has a valid tourist  visa to US for which he applied before our nuptials.

We think we want to start our life together in US, but not 100% sure... also, which route do we take?

Filing I-130 online is the first logical step, but then what... I've read on few websites I can file I-130 from abroad and then decide if we want to go with AOS or consular processing, but how does it work in real world?

1. can he come to US on his tourist visa AFTER filing I-130 and then file for AOS from within when we decide this is where we want to settle? 

2. do we file I-130 and proceed with NVC while he stays abroad and I go back to US? 

3. Can he freely visit me in US while his paperwork is pending?

3. What consequences are we possibly facing going with option nr 1?

Does the dreaded 90 day intent rule affect us even though we're already married?

3. Can we start process with NVC and have it transferred to USCIS in case he is physically in US by then?

What's the best way to get all this done?

 

 

[Moe428 129]

Having intention to file AOS at the time of entering the US is immigration fraud.  The best (and probably the only) option here is to file for CR-1 visa, which I think in your case would be option 2.  As for visiting the US with a visit visa, technically it is possible, but there's a chance CBP might not let him enter because he has a pending I-130.  I can't speak to whether the chance of being denied entry is low/high/medium - hopefully other members can speak on that.

Edited March 1, 2020 by Moe428

[Asaurus 0]

We aren't sure if we have an intent yet... I don't want to commit any fraud, as of right now we aren't sure if we will be settling in US, which is why we wanted to file only I-130 and decide soon after, when he has a chance to visit and see if living in US is something we'd like to pursue. I realise this isn't the most usual way to approach this.

Edited March 1, 2020 by Asaurus
Typos.

[Moe428 129]

1 minute ago, Asaurus said:

We aren't sure if we have an intent yet... I don't want to commit any fraud, as of right now we aren't sure if we will be settling in US, which is why we wanted to file only I-130 and decide soon after, when he has a chance to visit and see8f living in US us something we'd like to pursue.

I should also add, I haven't heard of filing I-130 being filed abroad and I-485 filed in the US. I'll let other members speak to that as well.

 

As for visiting US to see if you'd like to live in the US or not (i.e. not having a definitive intent to the live in the US, just checking out the US), I think the issue there will be explaining that to CBP in a forthright manner.  If you explain to CBP that you are visiting the US on a visitor visa to find out if you'd like to live in the US in the future with your spouse, there's a good chance CBP will deny entry.

[Asaurus 0]

I understand where they're coming from possibly denying entry, but at the same time I think visiting somewhere before you decide to move there is a perfectly reasonable idea - it's a life changing decision that shouldn't be made blindly. If he decides to visit me while his paperwork for consular processing is pending isn't this proof enough that we are taking it seriously and that he has intent of going back to his country to see it through?