Sponsored Spouse Move to the US alone and IR1 related questions

[Ontarkie 14,532]

~~Moved to IR1/CR1 P&P, form Progress Reports~~

[Hilde 381]

37 minutes ago, LifeAbroad said:

I got info from different sources and they are all different with as long as 2 years like you said and as fast as 1 year so i've been stressed about it. Thank you for your reply btw

The timeframe has drastically changed this past year because of COVID. 

I can only speak for myself, but I submitted my I130 in Dec. 2018 and got it approved in Dec 2019. 

All documents were approved by NVC in May 2020. I have been waiting for an interview since then.

1 year timeframe is very optimistic at this point in time.

[LifeAbroad 8]

5 minutes ago, Hilde said:

The timeframe has drastically changed this past year because of COVID. 

I can only speak for myself, but I submitted my I130 in Dec. 2018 and got it approved in Dec 2019. 

All documents were approved by NVC in May 2020. I have been waiting for an interview since then.

1 year timeframe is very optimistic at this point in time.

That actually the majority of the answers I've got as well which is 2 years. Not sure if it's faster when kids involve since we have 2. 

Then I'm curious why people don't just travel to the US and do Adjustment of Status, wouldn't it be much faster.

Edited April 14, 2021 by LifeAbroad

[Boiler 46,223]

2 minutes ago, LifeAbroad said:

That actually the majority of the answers I've got as well which is 2 years. Not sure if it's faster when kids involve since we have 2. 

Then I'm curious why people don't just travel to the US and do Adjustment of Status, wouldn't it be much faster.

Sadly illegal

 

Children do not make any difference to the timeline.

[LifeAbroad 8]

19 minutes ago, Paul and Sopheap said:

1. You either have to wait and live with him until the visa is approved and come together, or return to the US and wait until his green card is approved. There is technically a K3 visa that is supposed to allow pending beneficiaries to wait in the US while the i130 is pending, but it is no longer valid. If you have established domicile, you don't necessarily need to return to the US. I am not knowledgeable about domicile, though. I had to return to the US to file since I had been abroad for so many years living with my wife.

 

2. Joint sponsor can live anywhere as long as they qualify and sign.

 

3. Don't know about this part, someone else will for sure.

 

4/5. I think it has to be US income, but someone else can answer this one more accurately I'm sure.

 

6. Before the visa expires. (I *think* 6 months?) 

 

7. Depends on your case and service center as well. Which USCIS service center are you at? Or are you not sure yet?

 

 

thank you for your reply !!!!

1. We are currently living together in Germany and I have no intention to move back alone since i have little children, one is actually on the way so im not sure how i can manage. I don't have family in the US either to help.  I mean when i moved to Germany, I sold my car and leave my apartment. I still keep my bank account since i know i will be back at some point, my mail is at my friend's place, i vote and file tax. But other than that, I don't have property or anything. 

 

7. I'm actually not sure. We haven't submitted our application yet so I don't even know how they assigned your service center. Do you have any idea?

[LifeAbroad 8]

7 minutes ago, Boiler said:

Sadly illegal

 

Children do not make any difference to the timeline.

If it's illegal then why USCIS still accepting AOS application? Many people have entered US legally and done so. That was one of my questions when reading about IR1/CR1. Is there an actual law that prohibits this? 

Edited April 14, 2021 by LifeAbroad

[Paul and Sopheap 91]

5 minutes ago, LifeAbroad said:

thank you for your reply !!!!

1. We are currently living together in Germany and I have no intention to move back alone since i have little children, one is actually on the way so im not sure how i can manage. I don't have family in the US either to help.  I mean when i moved to Germany, I sold my car and leave my apartment. I still keep my bank account since i know i will be back at some point, my mail is at my friend's place, i vote and file tax. But other than that, I don't have property or anything. 

 

7. I'm actually not sure. We haven't submitted our application yet so I don't even know how they assigned your service center. Do you have any idea?

 

You'd have to submit the petition and wait for the receipt. It's impossible to know what center it goes to. Even after submitting it it can be really confusing!  With the receipt in hand you still might have to call the USCIS hotline and give them your receipt number (sometimes the receipt isn't accurate).

[Paul and Sopheap 91]

3 minutes ago, LifeAbroad said:

If it's illegal then why USCIS still accepting AOS application? Many people have entered US legally and done so. That was one of my questions when reading about IR1/CR1. Is there an actual law that prohibits this? 

With AOS it's legal but it has to be proven that you entered without the intention of staying. For example, if someone travels to the US with full intentions of returning back, but happens to meet someone there and get married, it's OK as long as they can prove that it wasn't their intent when they came. 

[iy2020 118]

18 minutes ago, LifeAbroad said:

That actually the majority of the answers I've got as well which is 2 years. Not sure if it's faster when kids involve since we have 2. 

Then I'm curious why people don't just travel to the US and do Adjustment of Status, wouldn't it be much faster.

Entering the US on a non-immigrant visa/VWP with the intent to adjust status is considered immigration fraud. AOS is legal when someone enters without intent and circumstances change, i.e., someone enters on a student visa and then meets and eventually marries a USC. AOS allows for the beneficiary to stay in the country without having to return to their country of origin to do consular processing.

Edited April 14, 2021 by iy2020

[SalishSea 18,191]

1 hour ago, LifeAbroad said:

i have plan to move back in a few years since I literally just moved to Germany. My partner is making it difficult and want to move to the US like tomorrow if he could 😑 😔. That's part of the reason why I want to figure out if this has been done.

It would be a fraudulent use of the CR/IR-1 visa.  Don't do it.

[SalishSea 18,191]

48 minutes ago, LifeAbroad said:

Then I'm curious why people don't just travel to the US and do Adjustment of Status, wouldn't it be much faster.

Also fraud.  Don't do that either.

[laylalex 7,300]

You know, it's interesting. Normally we have people who are aching to be together so badly that they are trying to see if there's a way to get around the amount of time apart. Here we have people who want to be apart so they're trying to see if there's a way to get around being together. 

 

OP, as others have said the point of family based immigration is to bring families together. Your husband may be itching to move over to the US but until you as the US citizen are ready to return permanently, a spousal visa is not appropriate. Immigration to the US is a privilege, not a right, and that goes for family members of USCs too. That means meeting all the requirements of petitioning for the visa, and applying for the visa too. 

 

If your husband is dying to get to the US faster than you are, perhaps there is a work or investor visa he is eligible to apply for. 

[SalishSea 18,191]

1 hour ago, Paul and Sopheap said:

7. Depends on your case and service center as well. Which USCIS service center are you at? Or are you not sure yet?

 

No one knows which service center their as yet unfiled petition will end up at.  It is not based on state of residence or anything.

[SalishSea 18,191]

3 minutes ago, laylalex said:

Normally we have people who are aching to be together so badly that they are trying to see if there's a way to get around the amount of time apart. Here we have people who want to be apart so they're trying to see if there's a way to get around being together. 

Interesting indeed.  Particularly in light of choosing to have more children while living apart....

[LifeAbroad 8]

22 minutes ago, laylalex said:

You know, it's interesting. Normally we have people who are aching to be together so badly that they are trying to see if there's a way to get around the amount of time apart. Here we have people who want to be apart so they're trying to see if there's a way to get around being together. 

 

OP, as others have said the point of family based immigration is to bring families together. Your husband may be itching to move over to the US but until you as the US citizen are ready to return permanently, a spousal visa is not appropriate. Immigration to the US is a privilege, not a right, and that goes for family members of USCs too. That means meeting all the requirements of petitioning for the visa, and applying for the visa too. 

 

If your husband is dying to get to the US faster than you are, perhaps there is a work or investor visa he is eligible to apply for. 

We have been living apart on/off during our relationship/marriage due to work/obligations. I know sometimes it doesn't make sense to others but we actually get along much better when we both have our own space. And we make frequent visit once every 2-3 months across continents. 

I have talked to him maybe looking for a job in an American company and then transfer to branch in US, but he insist that i would be able to help him much faster. Investor would be too much of money for us right now.  Anyway thank you for your suggestion. I know it's up to us now to make a decision to hold off or not.