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Carolina0226

Can my husband stay in the country while I start applying for his Visa?

By Carolina0226 in Bringing Family Members of Permanent Residents to America

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Carolina0226 Rookie

Carolina0226   1

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I am an alien citizen and I want to apply for my husband's Visa. We got married early this year in our native country. He is on a B2 Tourist Visa, so he can stay up to six months.

 

Can I submit the I-130, I-130A, I-864 and I-485 while he is in the US, and if the I-130 gets approved can he stay for longer than six months?

 

I am very lost, so any help is appreciated.

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JayFromTexas
JayFromTexas

You are a legal permanent resident. Also a legal alien. You are not a citizen.

Demise
Demise

Ah okay so here's the issue. Considering that he's abroad the best option would be to file I-130 and I-130A alone right now, wait for them to be approved, then wait for NVC to get it and forward it to

SalishSea
SalishSea

NO.   He CANNOT come back as a tourist and adjust status!   That’s fraud!   You need to carefully read through this thread and website.   He will be applying for an immigrant visa at an over

TBoneTX Grand Master

TBoneTX   45,248

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted
30 minutes ago, Carolina0226 said:

Can I submit the I-130, I-130A, I-864 and I-485 while he is in the US

Yes.

30 minutes ago, Carolina0226 said:

can he stay for longer than six months

Not one minute longer, and leave a couple of days before expiration of that time to allow for emergencies (weather, flight cancellations) in regard to his leaving the U.S.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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TBoneTX Grand Master

TBoneTX   45,248

Posted
Filed: Citizen (apr) Country: Ecuador
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Posted (edited)

It won't be.  He must interview in his home country.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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TBoneTX Grand Master

TBoneTX   45,248

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

*** Thread is moved from the K-1 Case Progress subforum to the CR-1 Process forum. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Carolina0226 Rookie

Carolina0226   1

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1 hour ago, TBoneTX said:

It won't be.  He must interview in his home country.

I am probably missing something, I apologize for the stupid questions. I know a couple of acquaintances that are waiting for their process while living here. But the differences probably lay on where they got married and the citizenship status of their spouses. What am I missing? :S

3 minutes ago, JayFromTexas said:

You are a legal permanent resident. Also a legal alien. You are not a citizen.

Thank you for the clarification.

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dwheels76 Grand Master

dwheels76   5,468

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Filed: Citizen (apr) Country: Nigeria
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1 hour ago, Carolina0226 said:

Even if his I-485 gets approved before his allowed time in the country expires?

So you are adjusting his status which means he can not leave. You are a green card holder which means overstays are not forgiven for spouse. So ditch the I-485. You only file the I-130 for consulate interview. He can not overstay his visa.

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Carolina0226 Rookie

Carolina0226   1

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3 minutes ago, dwheels76 said:

So you are adjusting his status which means he can not leave. You are a green card holder which means overstays are not forgiven for spouse. So ditch the I-485. You only file the I-130 for consulate interview. He can not overstay his visa.

So the initial priority would be filing for the I-130 and I-130A (regardless of where he is located at the time), and only when approved we start thinking about the I-864, I-765, and I-693?

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Letspaintcookies Experienced

Letspaintcookies   2,310

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Filed: Citizen (apr) Country: Germany
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9 minutes ago, Carolina0226 said:

So the initial priority would be filing for the I-130 and I-130A (regardless of where he is located at the time), and only when approved we start thinking about the I-864, I-765, and I-693?

This might be helpful: 

 

 

Since your spouse will go through the process overseas ( he can surely visit but not wait it out in the US ) you don't need to worry about the I-765 and I-693. The I-864 will be needed later in time, yes.

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powerpuff Veteran

powerpuff   6,677

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Filed: Lift. Cond. (pnd) Country: Kazakhstan
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Posted (edited)

~~ Topic moved from CR1/IR1 forum to Bringing Family Members of Permanent Residents - OP is a GC holder, but a US citizen ~~
 

18 minutes ago, Carolina0226 said:

only when approved we start thinking about the I-864, I-765, and I-693?

No, since he can’t adjust status through you and stay in the US. He needs to return to his home country and wait out the process there.
 

He needs to leave the US before his authorized stay as a tourist expires.

 

F2A is the category your spouse will be under (spouses of lawful permanent residents).

Edited by powerpuff

 

 

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Demise Proficient

Demise   1,277

Posted
Filed: AOS (apr) Timeline
Posted (edited)
On 12/3/2022 at 7:46 PM, powerpuff said:

No, since he can’t adjust status through you and stay in the US. He needs to return to his home country and wait out the process there.

Why not? B-2s can AOS assuming their period of admission is still valid and F2A is current (which it is). If he entered on a ESTA/VWP then yeah I'd agree with you because 245(c)(4) prohibits that for F2As. If he were to overstay before filing then 245(c)(2) would prevent adjustment as an F2A. I also don't smell any "entry on tourist visa with intent to adjust" here either because we wouldn't be having this thread of "hey, is this possible to do".

 

So presuming he is still in valid B-2 they could file the whole AOS package (I-130, I-130A, I-485, I-765, I-131, I-864, and I-693) and adjust in US. Pending I-485 will put him into period of authorized stay while that's being processed, the only caveat is that he'll be unable to leave until at very least the I-131 for advance parole is approved. The important thing is that it gets to USCIS while his period of admission (as per his I-94 and/or admission stamp) is still valid.

 

@TBoneTX care to explain what's up? I see @dwheels76 talk about an overstay but OP neither said that nor affirmed it. I don't see any other blocks, so what the ****?

Edited by Ontarkie
edited for language

Contradictions without citations only make you look dumb.

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Demise Proficient

Demise   1,277

Posted
Filed: AOS (apr) Timeline
Posted (edited)

Actually OP I have one question for you - where is your husband in right now. Is he in the United States on his B-2 or is he in his home country right now?

Edited by Demise

Contradictions without citations only make you look dumb.

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