Do I need to submit the I-864 and I-130 together?

[Carolina0226 1]

I want to start the process but am a bit unsure on how to submit these forms. I don't have a substantial income yet, so my husband's stepdad ( he is an American citizen, my husband only has a visitor's Visa) would step in as a joint sponsor.

Do we submit the 130 and two 864 forms (one for me, the primary sponsor, and one for his stepfather, the joint sponsor) concurrently?

And one info that has been conflicting, depending on who we talk to: should we make an album with our pictures?

[Bill Hamze 89]

No. I-130 goes first to USCIS, then after your petition has been approved, send I-864 to NVC. 

[Verrou 1,962]

yes u will need 2 of i-864

and where is your husband now? if you guys doing AOS means he's here, you can file everything concurently

if he's outside US, just i-130 for now

stick the pictures in letter size paper, dont do album, they wont be able to scan it

you can bring your album during the interview

Edited April 6, 2022 by Misscloud

[Crazy Cat 41,845]

The I-864s are submitted at the NVC stage.  For phots, simply scan a few per page and submit....but you don't need but a few.

Edited April 6, 2022 by Crazy Cat

[JeanneAdil 6,498]

is husband in the US on tourist visa now?

or outside the country?

the proceedures are different depending on his location

[Carolina0226 1]

45 minutes ago, JeanneAdil said:

is husband in the US on tourist visa now?

or outside the country?

the proceedures are different depending on his location

We are both in Brazil, our native country. I have to return to the US (or else my Travel Document witll be expired) so he is spending six months there with me, his mother (Greencard holder) and his stepfather (American citizen).

We will file everything once we are there.

[JeanneAdil 6,498]

2 minutes ago, Carolina0226 said:

We are both in Brazil, our native country. I have to return to the US (or else my Travel Document witll be expired) so he is spending six months there with me, his mother (Greencard holder) and his stepfather (American citizen).

We will file everything once we are there.

you can not make plans to travel here on tourist visa and AOS

planning this is immigration fraud

 

[Carolina0226 1]

3 minutes ago, JeanneAdil said:

you can not make plans to travel here on tourist visa and AOS

planning this is immigration fraud

 

We haven't filed for anything yet... He will be visiting, I will stay in the country (Greencard owner) and file the documents.

Edited April 6, 2022 by Carolina0226

[JeanneAdil 6,498]

you can file for I 130 for a F1 visa for spouse 

and he should leave the country and wait out the process

and no,  at this point just the I 130 with documents as per the instructions (online can be done)

follow the guides above 

the I 864 is submitted at the NVC stage 

 

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to Bringing Family of LPR forum -- OP is LPR petitioning for spouse ***

 

[carmel34 3,625]

2 hours ago, Carolina0226 said:

We are both in Brazil, our native country. I have to return to the US (or else my Travel Document will be expired) so he is spending six months there with me, his mother (Greencard holder) and his stepfather (American citizen).

We will file everything once we are there.

Your husband could be allowed to enter the US when he travels with you, using his tourist visa.  It is up to the discretion of the CBP officer whether he can enter, and for how long.  They can approve, via the I-94, how long he can stay if admitted.  He should always be completely honest when stating the purpose of the visit and the duration, disclose all of his relatives in the US, and have a return ticket and proof of strong ties to Brazil (job, property, apartment lease, etc.) if asked.  All tourist visa holders are questioned by CBP with the assumption that they may stay in the US longer than authorized, or stay and adjust status.  Many Brazilians have done this in the last few years, so it makes it more difficult for legitimate short-term visitors to enter the US.  I suggest that he says to the CBP officer that he will stay for 2-4 weeks maximum, then he should go back to Brazil and wait out the spousal visa process (1-2 years).  If he says 6 months it will likely raise suspicion and lead to more questioning.  Some are taken in to secondary inspection and their luggage and phone are searched.  He can always return and visit you for short periods while waiting for his spousal visa interview in Rio, or you can do the same and go visit him in Brazil.  The fact that he has a stepfather, mother, and wife in the US will make it more difficult for him to convince the CBP officer that he has strong ties to Brazil.  Also don't forget that entering the US with a tourist visa, with the intent to stay and adjust status based on his marriage to you, is visa fraud and could lead to serious problems down the road.  Overstays for a tourist visa holder, married to an LPR spouse, are not forgiven.  Good luck!

Edited April 6, 2022 by carmel34

[Carolina0226 1]

18 minutes ago, carmel34 said:

Your husband could be allowed to enter the US when he travels with you, using his tourist visa.  It is up to the discretion of the CBP officer whether he can enter, and for how long.  They can approve, via the I-94, how long he can stay if admitted.  He should always be completely honest when stating the purpose of the visit and the duration, disclose all of his relatives in the US, and have a return ticket and proof of strong ties to Brazil (job, property, apartment lease, etc.) if asked.  All tourist visa holders are questioned by CBP with the assumption that they may stay in the US longer than authorized, or stay and adjust status.  Many Brazilians have done this in the last few years, so it makes it more difficult for legitimate short-term visitors to enter the US.  I suggest that he says to the CBP officer that he will stay for 2-4 weeks maximum, then he should go back to Brazil and wait out the spousal visa process (1-2 years).  If he says 6 months it will likely raise suspicion and lead to more questioning.  Some are taken in to secondary inspection and their luggage and phone are searched.  He can always return and visit you for short periods while waiting for his spousal visa interview in Rio, or you can do the same and go visit him in Brazil.  The fact that he has a stepfather, mother, and wife in the US will make it more difficult for him to convince the CBP officer that he has strong ties to Brazil.  Also don't forget that entering the US with a tourist visa, with the intent to stay and adjust status based on his marriage to you, is visa fraud and could lead to serious problems down the road.  Overstays for a tourist visa holder, married to an LPR spouse, are not forgiven.  Good luck!

I am a bit confused now. He has a B2 Visa. He can stay up to six months, without working.

We are travelling together, and on the immigration line at the airport I will show my Travel Doc, Passport and Greencard.

He will show his passport and tell them he will spend time with his family and will return to his father's place in Brazil, where he has a business under his name.

He has done this before, without any issues.

We have not filed anything yet!

[Carolina0226 1]

12 minutes ago, Carolina0226 said:

I am a bit confused now. He has a B2 Visa. He can stay up to six months, without working.

We are travelling together, and on the immigration line at the airport I will show my Travel Doc, Passport and Greencard.

He will show his passport and tell them he will spend time with his family and will return to his father's place in Brazil, where he has a business under his name.

He has done this before, without any issues.

We have not filed anything yet!

Besides, he doesn't plan to overstay. I will, and will take care of the necessary documentation with his mom and stepfather.

[Chancy 6,241]

1 hour ago, Carolina0226 said:

He has a B2 Visa. He can stay up to six months, without working.

 

His allowed duration of stay is for the CBP officer to decide at POE.  It is not automatically 6 months.  Most travelers on B2 get 6 months, but some get a shorter duration.  There was a recent case reported here on VJ of a B2 visa holder who was forced by CBP to re-book his return ticket to an earlier date before he was allowed entry.  Then the CBP officer only allowed him 1 month to stay.

 

[Carolina0226 1]

1 hour ago, Chancy said:

 

His allowed duration of stay is for the CBP officer to decide at POE.  It is not automatically 6 months.  Most travelers on B2 get 6 months, but some get a shorter duration.  There was a recent case reported here on VJ of a B2 visa holder who was forced by CBP to re-book his return ticket to an earlier date before he was allowed entry.  Then the CBP officer only allowed him 1 month to stay.

 

Hopefully it won't happen. All we can do at this point is to say the right words. If he needs to rebook his return ticket, we shall do it.