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Filed: IR-1/CR-1 Visa Country: Chile
Timeline
Posted

Hi guys, filling the I-130 form we came upon this part, my question is;

 

I'm from Chile and I've visited my husband in the US under ESTA 5 times throughtout the span of 5 years, each time I've stayed with him for close to 3 months (under ESTA Im allowed to visit without a visa for up to 90 days). So I'm confused if that equals to 'living together' as I usually just go during my summer to spend my break with him (I'm aware thats tourism), then I head back to go to college in Chile.

However, this last visit (which happened from december 2019 to february 2020) we closed on a house and my name is on the title too, so I'm wondering how that affects this part of the form. If some of you experienced this or something similar I´d really appreciate some feedback.

 

Thank you for reading  :) 

i130.jpg

Posted (edited)

Visiting your husband for 3 months each year is not "Living Together" in my opinion.

Edited by Lucky Cat

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

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

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______________________________________

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.. 
 

Posted
On 9/3/2020 at 10:06 AM, Gloria Hernandez said:

I'm from Chile and I've visited my husband in the US under ESTA 5 times throughtout the span of 5 years, each time I've stayed with him for close to 3 months (under ESTA Im allowed to visit without a visa for up to 90 days). So I'm confused if that equals to 'living together' as I usually just go during my summer to spend my break with him (I'm aware thats tourism), then I head back to go to college in Chile.

 

I visited multiple times too, with my longest stay around 2 months.  For that section in the I-130, we just put: "Never lived together.  Only visited."

 

Filed: IR-1/CR-1 Visa Country: Chile
Timeline
Posted
On 9/2/2020 at 10:24 PM, Lucky Cat said:

Visiting your husband for 3 months each year is not "Living Together" in my opinion.

I know, I've never intenteded to live there just visit, my concern is that wouldn't it be a red flag for the USCIS officer that I stayed in the US for 3 months and didn't put the address I lived with my husband in? 

Posted (edited)
18 minutes ago, Gloria Hernandez said:

I know, I've never intenteded to live there just visit, my concern is that wouldn't it be a red flag for the USCIS officer that I stayed in the US for 3 months and didn't put the address I lived with my husband in? 

Not an issue.  Don't over think this.........😃

Edited by Lucky Cat

"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.. 
 

Posted
1 hour ago, Gloria Hernandez said:

I know, I've never intenteded to live there just visit, my concern is that wouldn't it be a red flag for the USCIS officer that I stayed in the US for 3 months and didn't put the address I lived with my husband in? 

 

We had the same concern when answering the form.  So this is our reasoning --

 

Traveling with a tourist visa (or ESTA in your case) does not allow me to reside in the US.  As such, I only visited my husband, staying in the same house for x weeks/months each visit.  Yeah, it's just semantics, I know.  But we did not want to imply on a document submitted to the government that I violated the terms of my tourist visa.

 

Hence, "Never lived together.  Only visited."

 

Filed: IR-1/CR-1 Visa Country: Chile
Timeline
Posted
7 minutes ago, Chancy said:

 

We had the same concern when answering the form.  So this is our reasoning --

 

Traveling with a tourist visa (or ESTA in your case) does not allow me to reside in the US.  As such, I only visited my husband, staying in the same house for x weeks/months each visit.  Yeah, it's just semantics, I know.  But we did not want to imply on a document submitted to the government that I violated the terms of my tourist visa.

 

Hence, "Never lived together.  Only visited."

 

I understand, how did it go for you guys? Did you got any RFE

 
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