Anyone tried it from inside the USA?

[lostinfrance 0]

Hello, Everyone. This is my first post here. Best wishes to everyone with their visas!

I would appreciate any feedback on the following question...

Has anyone here of American nationality residing overseas ever done the I-130 Petition process for a foreign spouse (of over 2 years) and only upon arrival back in the US from that foreign country?

Has anyone ever done it with the spouse on a regular 3 months tourist visa?

I'm not particularly keen on the idea (bit of a scaredy cat, I am) and I see in the guides here that it is discouraged but I would like to know if it's been done and how it went.

Thanks for reading.

[MargotDarko 0]

Hello, Everyone. This is my first post here. Best wishes to everyone with their visas!

I would appreciate any feedback on the following question...

Has anyone here of American nationality residing overseas ever done the I-130 Petition process for a foreign spouse (of over 2 years) and only upon arrival back in the US from that foreign country?

Has anyone ever done it with the spouse on a regular 3 months tourist visa?

I'm not particularly keen on the idea (bit of a scaredy cat, I am) and I see in the guides here that it is discouraged but I would like to know if it's been done and how it went.

Thanks for reading.

Your question isn't making sense to me. If you're asking about being able to file the I-130 while living abroad, the USC must meet the embassy's requirements for residence. After filing the I-130, the USC can return to America. What is it that's discouraged in the guidelines?

[trailmix 77]

Your question isn't making sense to me. If you're asking about being able to file the I-130 while living abroad, the USC must meet the embassy's requirements for residence. After filing the I-130, the USC can return to America. What is it that's discouraged in the guidelines?

I believe he/she is basically saying they want to come to the U.S. and then file from within the U.S..

[MargotDarko 0]

Your question isn't making sense to me. If you're asking about being able to file the I-130 while living abroad, the USC must meet the embassy's requirements for residence. After filing the I-130, the USC can return to America. What is it that's discouraged in the guidelines?

I believe he/she is basically saying they want to come to the U.S. and then file from within the U.S..

Oh... hmm... Well, if you, lostinfrance, mean the foreign spouse coming for the three month visit they're allowed (I believe France is part of the visa wavier programme), then it's perfectly fine for the USC spouse to file the I-130 and keep going ahead with the process. The foreign spouse just has to leave before the end date on their I-94 and has to have either a K3 or a CR/IR1 before returning to the US for good. The immigration officer may not believe that the foreign spouse intends to return home before the 90 days is up and can refuse entry, so the foreign spouse should bring things like a letter from an employer/uni and a copy of their lease/mortgage at home. What is not allowed is for the foreign spouse to enter the US with intent to immigrate and then file for adjustment of status (I-485 form).

[Yodrak 7]

lostinfrance,

You're asking if you can bring your spouse to the USA as a tourist, and then have her adjust her status once she's here?

This is the kind of question that should be asked of an immigration attorney.

Yodrak

Hello, Everyone. This is my first post here. Best wishes to everyone with their visas!

I would appreciate any feedback on the following question...

Has anyone here of American nationality residing overseas ever done the I-130 Petition process for a foreign spouse (of over 2 years) and only upon arrival back in the US from that foreign country?

Has anyone ever done it with the spouse on a regular 3 months tourist visa?

I'm not particularly keen on the idea (bit of a scaredy cat, I am) and I see in the guides here that it is discouraged but I would like to know if it's been done and how it went.

Thanks for reading.

[lostinfrance 0]

Thank you for your replies.

I understand everything about doing the paperwork from outside the US. From what I've been able to find, it's less clear about doing it from inside. What I find vague is the part about the spouse being 'legally' in the USA in order to file a Petition.

Obviously, this is meant to cover people who are already living there on work visa, etc. But I was led to believe that there might be some cases of spouses not having to return to the foreign country (despite having entered on the 3-month waiver) to wait for the final visa.

What I was hoping for was someone who had actually managed to do that confirming it by answering my post. I'm not looking for some illegal way to get my spouse's green card...what on earth for?

Just trying to verify or not that the separation is not always imposed on a foreign spouse of an American during the process if the filing was done from inside the States.

[MargotDarko 0]

Thank you for your replies.

I understand everything about doing the paperwork from outside the US. From what I've been able to find, it's less clear about doing it from inside. What I find vague is the part about the spouse being 'legally' in the USA in order to file a Petition.

Obviously, this is meant to cover people who are already living there on work visa, etc. But I was led to believe that there might be some cases of spouses not having to return to the foreign country (despite having entered on the 3-month waiver) to wait for the final visa.

What I was hoping for was someone who had actually managed to do that confirming it by answering my post. I'm not looking for some illegal way to get my spouse's green card...what on earth for?

Just trying to verify or not that the separation is not always imposed on a foreign spouse of an American during the process if the filing was done from inside the States.

Hello. It will not be possible in your case for your spouse to not have to return to France. It is illegal to enter with the intent to immigrate and then file for adjustment of status. Your spouse can visit but must return to France before the 90 days is over. Your spouse cannot enter the US and stay for good without an appropriate visa.

[Mammimaus2007 0]

exactly only if she would have visited you in the US and all in a sudden you guys are getting married without it was a plan to do that, then it is possible to file a waiver and file AOS but you guys are already married so there is no way around it