I-130 Filing process from Taiwan

[TorRedSRT 0]

Hi I’m new to the site and also currently filing for my wife.  I’m a U.S. citizen. it’s very confusing and I have some specific questions. 
 

The way I understand the process is. I will file an I-130 petition here in Taiwan where I’m Currently working. After it is approved We’ll go to AIT for an interview.  When the visa is approved we can fly to America and after entry her green card will be mailed to our address in the U.S? After receipt of the green card which is only valid for 2 years. I’ll have to file for adjustment of status within that 2 year period. 

 

 My work renews my contract in Taiwan yearly. So I’m not sure the exact year/date I’ll be moved and we wanted to make sure we were ok to travel back to America together when the time comes. After the I-130 is approved we will travel to America for approximately 2 weeks get the green card and then travel back. If after the 2 years we are still in Taiwan can we apply for an extension? Do you have to apply for the adjustment from America? How long does that take? After the I-130 is processed just the act of processing through a port of entry generates a green card or do you need to file additional paperwork?
 

Am I missing something? Any advice from someone going through the process would be greatly appreciated. 

[Boiler 45,696]

So you will get a years notice or you find out just before expiry if you will get another year?

 

Process takes a year or so but you may well qualify for an expedite if you are getting a job in the US, not something you can  be certain about.

[TorRedSRT 0]

So I basically just got extended starting this April so I’ve got about 13 months. The time I’m not worried about. 
 

my question is more about the process after getting the green card. I’m sure they will give us a conditional 2 year green card. If I’m still overseas when that 2 years is up can I apply for an extension or is the adjustment process fairly simple after the 2 year probation period?

[Boiler 45,696]

A Green Card is for loving in the US and you need to show US domicile, you seem to want to get it in advance in case you move back to the US which is your real problem.

[TorRedSRT 0]

1 hour ago, Boiler said:

A Green Card is for loving in the US and you need to show US domicile, you seem to want to get it in advance in case you move back to the US which is your real problem.

I work a lot outside the US but ultimately I’ll be back permanently. I always maintain a correct stateside domicile so that’s not the issue. 
 

My issue is getting my wife a green card so we can come and go from the US and travel freely. 

[Boiler 45,696]

4 minutes ago, TorRedSRT said:

I work a lot outside the US but ultimately I’ll be back permanently. I always maintain a correct stateside domicile so that’s not the issue. 
 

My issue is getting my wife a green card so we can come and go from the US and travel freely. 

I agree that is your issue.

[LilyJ 1,258]

If “after 2 years” you are still in Taiwan after she has gotten her green card she won’t even have a green card anymore. A CR1 visa is for living in the US full time. If she is not living in the US full time she is going to lose her green card after one year. She must spend more time inside the US than outside the US to keep her green card and if she doesn’t, she is considered to have abandoned residency and the green card is gone. So that won’t even work as you’ll just have to start over again when you are actually ready to move to the US for good. Also, you don’t apply for adjustment of status for a 2 year green card, you apply for removal of conditions. But from the looks of it by the time you’re ready to actually move to the US (which is when I’d recommend filing for a CR1 since as I said she is just going to lose the green card elsewise.. and then you’ll have to do it all over again later) you’d probably be IR1 with a 10 year unconditional green card anyways. If you want to just visit the US then have her apply for a B2

 

Sidenote: 2 weeks in America is probably not enough time for receiving the green card in the mail also. Many people wait for months before their physical green card gets to them in the mail. But like I said she wouldn’t be able to keep it for as long as you need before moving back to the US anyways 

[TorRedSRT 0]

Thanks for the info LillyJ

 

I am just trying to avoid separation during the process. My company often does not give much notice when my contract will not be renewed. I have heard of people flying back with their wife on a tourist visa and applying from the US but that is risky. I’d like to do it the correct way but also not be separated for months from my wife. 

Edited March 4, 2020 by TorRedSRT

[LilyJ 1,258]

5 minutes ago, TorRedSRT said:

Thanks for the info LillyJ

 

I am just trying to avoid separation during the process. My company often does not give much notice when my contract will not be renewed. I have heard of people flying back with their wife on a tourist visa and applying from the US but that is risky. I’d like to do it the correct way but also not be separated for months from my wife. 

Not only is what you described risky, but it's illegal and can result in a lifetime ban from the US for the foreigner, so definitely do not follow in the lead of those people. Unfortunately separation is something that most of us has to deal with, it is part of the process. You can still file for a CR1 for her now but just keep in mind that you will just have to start all over again later if you end up not moving back to the US within a year after her getting permanent residency as she will lost permanent residency if she is not living in the US for too long. If you are in a position where you are able to spend the (at the least) $1-2k+ knowing you very well may have to do it again later on you are free to do so

[Ryan H 3,813]

***Moved from Progress Reports to Process & Procedures.***

 

**Moderator hat off**

 

On ‎3‎/‎2‎/‎2020 at 9:27 PM, TorRedSRT said:

After receipt of the green card which is only valid for 2 years. I’ll have to file for adjustment of status within that 2 year period. 

 

You (or your wife rather) would be filing to remove conditions on residency, not to adjust status.

[pushbrk 12,980]

On 3/3/2020 at 6:45 PM, TorRedSRT said:

Thanks for the info LillyJ

 

I am just trying to avoid separation during the process. My company often does not give much notice when my contract will not be renewed. I have heard of people flying back with their wife on a tourist visa and applying from the US but that is risky. I’d like to do it the correct way but also not be separated for months from my wife. 

We don't always have a way to get what we want.  When you are ready for you and your spouse to live in the USA, THAT is when you go through the applicable immigration process.  You can start as far in advance as you have the necessary information from your employer, etc. but there is really no way to assure you will not be separated for a time.

 

A green card holder must maintain permanent resident status or lose the card.  Don't "immigrate" until ready to maintain permanent residence in the USA.

[TorRedSRT 0]

How would it work if after i file she comes to visit on a tourist visa and after 90 days fly’s out for a day or week and then back? I’ve heard that’s not illegal but up to the discretion of the agent. 

[pushbrk 12,980]

2 hours ago, TorRedSRT said:

How would it work if after i file she comes to visit on a tourist visa and after 90 days fly’s out for a day or week and then back? I’ve heard that’s not illegal but up to the discretion of the agent. 

If you mean instead of an immigrant visa, it would work just fine as long a she was granted entry.  There is never any guarantee of entry, even with a green card.  REALLY, the best advice is to do the best you can to determine when she's going to immigrate and follow the spouse immigrant visa process.  There are no "shortcuts" or special privileges based on your preference or convenience.

[Ryan H 3,813]

16 hours ago, TorRedSRT said:

How would it work if after i file she comes to visit on a tourist visa and after 90 days fly’s out for a day or week and then back? I’ve heard that’s not illegal but up to the discretion of the agent. 

 

More often than not, CBP will wise up to that and deny entry they see someone doing that multiple times.