Spousal Visa question

[Anthony42 5]

Hello, 

Short background: 

I (U.S. Citizen) wife filippine Citizen holding 10 year Valid U.S. green card.

We've been out of the U.S. 2 years now and been here in the Philippines. 

Getting wife back to the states:

As I see it we have 2 options:

1) Just book a flight and go with green card in hand, and deal with the drama CBP at the airport (will refuse to hand over green card).      Or 

2) Get a spousal Visa before we fly. (6 months process time I'm guessing).  

Which path to go? 

I believe I already know what will be involved with option 1.

Option 2 sounds more (safe).

If anyone had actually used a good attorney (located in the U.S.) to process their Spousal Visa and you were happy with the attorney you chose please let me know the attorneys info. Thank you. Anthony/Raeleean

 

[HRQX 4,145]

7 minutes ago, Anthony Mancini said:

Option 2 sounds more (safe).

Yup, I recommend option; but it might be longer processing than that.

 

If you want, you can also file I-407 before you file the I-130: https://www.uscis.gov/i-407 "Use this form to let us know you are voluntarily abandoning your status as a lawful permanent resident (LPR) of the United States. We will update your records to show you are no longer an LPR."

[Boiler 46,202]

There are no end of Lawyers who can process a Spousal Visa, pretty straightforward. This is a DIY site  more that a lawyer recommendation site.

 

6 months sounds optimistic.

[Anthony42 5]

10 minutes ago, HRQX said:

Yup, I recommend option; but it might be longer processing than that.

 

If you want, you can also file I-407 before you file the I-130: https://www.uscis.gov/i-407 "Use this form to let us know you are voluntarily abandoning your status as a lawful permanent resident (LPR) of the United States. We will update your records to show you are no longer an LPR."

I understand we will need to do the

 I-130 as a 1st step before the IR-1. But what would be the reason for doing the

I-407 before filing the I-130? 

[Anthony42 5]

15 minutes ago, Boiler said:

There are no end of Lawyers who can process a Spousal Visa, pretty straightforward. This is a DIY site  more that a lawyer recommendation site.

 

6 months sounds optimistic.

Not sure what the processing time is now due to Covid. 

[payxibka 10,047]

Depending on why she stayed out for so long,  an sb1 might be an option 

[Boiler 46,202]

13 minutes ago, Anthony Mancini said:

Not sure what the processing time is now due to Covid. 

Nobody does, 18 months?

[Anthony42 5]

16 minutes ago, payxibka said:

Depending on why she stayed out for so long,  an sb1 might be an option 

We did an SB-1 back in 2017. The reason fell within the list of acceptable reasons. This time the reason was the pandemic which is not an acceptable reason. But thanks for the suggestion.

[payxibka 10,047]

9 minutes ago, Anthony Mancini said:

We did an SB-1 back in 2017. The reason fell within the list of acceptable reasons. This time the reason was the pandemic which is not an acceptable reason. But thanks for the suggestion.

I understand its subjective but the pandemic was circumstances outside your control.  I suppose they could argue you had some control with all the  repatriation flights.  

[Cyberfx1024 7,980]

1 hour ago, Anthony Mancini said:

Hello, 

Short background: 

I (U.S. Citizen) wife filippine Citizen holding 10 year Valid U.S. green card.

We've been out of the U.S. 2 years now and been here in the Philippines. 

Getting wife back to the states:

As I see it we have 2 options:

1) Just book a flight and go with green card in hand, and deal with the drama CBP at the airport (will refuse to hand over green card).      Or 

2) Get a spousal Visa before we fly. (6 months process time I'm guessing).  

Which path to go? 

I believe I already know what will be involved with option 1.

Option 2 sounds more (safe).

If anyone had actually used a good attorney (located in the U.S.) to process their Spousal Visa and you were happy with the attorney you chose please let me know the attorneys info. Thank you. Anthony/Raeleean

 

I would try the SB1 and if that doesn't work Option 1

[Anthony42 5]

3 minutes ago, Cyberfx1024 said:

I would try the SB1 and if that doesn't work Option 1

We did an SB-1 back in 2017. The reason fell within the list of acceptable reasons. This time the reason was the pandemic which is not an acceptable reason. Option 1 is kinda scary. But it may be better than waiting 1+ year for the spousal Visa. A friend just got hers last month and it took 14 months start to finish. I'm not getting a consistant answer on how option 1 will unfold. 

[payxibka 10,047]

10 minutes ago, Anthony Mancini said:

A friend just got hers last month and it took 14 months start to finish. I'm not getting a consistant answer on how option 1 will unfold. 

Worst case you get an NTA.

 

Have you inquired with the consulate regarding the sb1?  I would still exhaust that option all the way to refusal before going any other way

[Anthony42 5]

3 minutes ago, payxibka said:

Worst case you get an NTA.

 

Have you inquired with the consulate regarding the sb1?  I would still exhaust that option all the way to refusal before going any other way

Please excuse my ignorance on the subject. But I'm assuming a NTA is a Notice to Appear before a judge to explain why I've (my wife) has been out of the country for so long? I will also inquire with (the consulate)?? I don't think they will answer my questions or be any help. 

[payxibka 10,047]

6 minutes ago, Anthony Mancini said:

Please excuse my ignorance on the subject. But I'm assuming a NTA is a Notice to Appear before a judge to explain why I've (my wife) has been out of the country for so long? I will also inquire with (the consulate)?? I don't think they will answer my questions or be any help. 

Maybe i am wrong, but my understanding is that the first step in the sb1 process is to make a consulate appointment and have the first of two interviews.   They won't have much choice as to answer questions when you are sitting in front of them.  You've been through it before so you have more familiarity than most

[TenderHearted 39]

13 hours ago, Anthony Mancini said:

2) Get a spousal Visa before we fly. (6 months process time I'm guessing).  
 

 

Probably about 18 months, give or take, until visa in hand. That's assuming no big RFE's and that once the case gets past NVC everything is handled in a prompt manner by both the embassy consulate and the beneficiary.