Travel Planning

[iamfsdign 0]

I am a US citizen, spouse is from China with Chinese passport, and a B1/B2 travel visa. 

 

We are planning to visit this August, and were wondering what process might be like if we end up wanting to stay longer. I am employed for a US company, but have been living abroad for the last 6 months in Taiwan. Spouse is currently in mainland China, with a job and property there. 

 

From some initial research, it appears filing an I-130 now is an option, but that could take 1+ year to process.

 

QUESTION: Should we file that now, or is that a bad idea given that we want to visit the US first, and are not even sure we want to stay there long term for now?

 

The worry here is that filing an I-130 would signal intent to immigrate, and might garner scrutiny from CBP at the border. 

 

Edited July 3, 2022 by iamfsdign

[Boiler 46,121]

Many people visit whilst the I 130 is in process.

 

How much vacation does she get, probably the limiting factor.

[iamfsdign 0]

Well, she can go on unpaid leave. So that can be for quite a while - maybe 6-12 months. 

[Redro 4,612]

13 minutes ago, iamfsdign said:

Well, she can go on unpaid leave. So that can be for quite a while - maybe 6-12 months. 

If she wants to stay longer than 6 months she can file for an extension of B1/B2 but those take forever to be adjudicated and it might not be approved. 

Are you will to risk her overstaying her visa and compromising her ability to move to the States in the future? 

I would limit the visit to the amount of time CBP give her when she arrives. 

Remember 6 months is the maximum amount she is allowed to stay but sometimes tourists are given less time... 

 

ETA: As she already has a B1/B2 I would file the I-130 now. Having a USC spouse is indication enough she might want to overstay (she might intend to immigrate) so don't delay filing for that reason. 

Edited July 7, 2022 by ROK2USA

[iamfsdign 0]

1 hour ago, ROK2USA said:

If she wants to stay longer than 6 months she can file for an extension of B1/B2 but those take forever to be adjudicated and it might not be approved. 

Are you will to risk her overstaying her visa and compromising her ability to move to the States in the future? 

I would limit the visit to the amount of time CBP give her when she arrives. 

Remember 6 months is the maximum amount she is allowed to stay but sometimes tourists are given less time... 

 

ETA: As she already has a B1/B2 I would file the I-130 now. Having a USC spouse is indication enough she might want to overstay (she might intend to immigrate) so don't delay filing for that reason. 

Yup , an already existing B1/B2. Would be planning to leave whenever the duration is. 

 

You think we should file for I-130 before arriving? Worried that might signal intent to immigrate even though we don't want to right now. 

[Redro 4,612]

10 minutes ago, iamfsdign said:

Yup , an already existing B1/B2. Would be planning to leave whenever the duration is. 

 

You think we should file for I-130 before arriving? Worried that might signal intent to immigrate even though we don't want to right now. 

Being married to a USC is all the intent needed.... they could assume you plan to file the I-130 (and I-485) a few months after you arrive (and deny entry).

File the I-130 now because the process can be lengthy and if the petition is approved before you are ready to move you can delay it at NVC stage. 

 

Edited July 7, 2022 by ROK2USA

[iamfsdign 0]

25 minutes ago, ROK2USA said:

Being married to a USC is all the intent needed.... they could assume you plan to file the I-130 (and I-485) a few months after you arrive (and deny entry).

File the I-130 now because the process can be lengthy and if the petition is approved before you are ready to move you can delay it at NVC stage. 

 

Even if we really don't intend to immigrate at this time ?

 

The worry is: 

1. This costs a lot of money

2. I am going to be travelling in a couple weeks, I don't have time to baby the process while travelling

3. Are they going to take this as even more intent because we filed I-130 beforehand? 

 

Thanks for the thread link. Checking it now..

Edited July 7, 2022 by iamfsdign

[Redro 4,612]

42 minutes ago, iamfsdign said:

Even if we really don't intend to immigrate at this time ?

 

The worry is: 

1. This costs a lot of money

2. I am going to be travelling in a couple weeks, I don't have time to baby the process while travelling

3. Are they going to take this as even more intent because we filed I-130 beforehand? 

 

Thanks for the thread link. Checking it now..

File the I-130 now if you plan on moving in the next 2 years. 

If you think you'll move to the US in 3-5 years file the I-130 in a year/1.5 years or so...

If you check out various VJ timelines you'll see the entire process can take as little as 12 months or over 3 years... (but the average is 1.5-2 years).

We are currently at 12 months and waiting for the interview... there are other members who filed at the same time OR before us and are still waiting for the I-130 to be approved. 

There is a member who has an I-130 approved and it delaying at NVC because they're not ready to move yet. 

Overall Interview Statistics (for last 360 days)
>

Total Records	Avg. Total Days to Interview	Avg. Days to I-130 NOA1	Avg. Days btw NOA1 and NOA2	Avg. Days btw NOA2 and Interview
459	608	6	227	384

 ETA: Timelines for China here:https://www.visajourney.com/timeline/k1list.php?op6=All&op66=All&op7=China&op1=3&op2=&dfile=No&op3=5&op4=1&op5=5%2C6%2C8%2C10%2C11%2C13%2C14%2C15%2C16%2C17%2C18%2C20%2C21%2C22%2C25%2C26%2C27%2C28%2C108%2C110%2C111%2C208%2C210%2C211&cfl=0

 

Edited July 7, 2022 by ROK2USA

[iamfsdign 0]

6 hours ago, ROK2USA said:

File the I-130 now if you plan on moving in the next 2 years. 

If you think you'll move to the US in 3-5 years file the I-130 in a year/1.5 years or so...

If you check out various VJ timelines you'll see the entire process can take as little as 12 months or over 3 years... (but the average is 1.5-2 years).

We are currently at 12 months and waiting for the interview... there are other members who filed at the same time OR before us and are still waiting for the I-130 to be approved. 

There is a member who has an I-130 approved and it delaying at NVC because they're not ready to move yet. 

Overall Interview Statistics (for last 360 days)
>

Total Records	Avg. Total Days to Interview	Avg. Days to I-130 NOA1	Avg. Days btw NOA1 and NOA2	Avg. Days btw NOA2 and Interview
459	608	6	227	384

 ETA: Timelines for China here:https://www.visajourney.com/timeline/k1list.php?op6=All&op66=All&op7=China&op1=3&op2=&dfile=No&op3=5&op4=1&op5=5%2C6%2C8%2C10%2C11%2C13%2C14%2C15%2C16%2C17%2C18%2C20%2C21%2C22%2C25%2C26%2C27%2C28%2C108%2C110%2C111%2C208%2C210%2C211&cfl=0

 

Thanks , appreciate all the help with the charts and links ! That helps to have an idea of the reasons for things or why some actions should be taken