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SebastienFrench

AOS for already married couple

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Hello all, 

I am an European citizen and my wife is an USC. We got married 2 years ago here in Europe and have lived in Spain since then. My wife recently applied to a job in the US and she is considering accepting. 

I read dozens of threads in this forum (thanks all for the richness of answers) about AOS from ESTA, but our situation is slightly different as we are already married.

I wanted to ask your opinion on the following scenario. If I were to visit a few months down the road, with a return flight, an European job contract and an active lease here in Spain, how likely will I be to be flagged as having an intent to immigrate when entering with ESTA ? 

It is my understanding from all this reading that the border officer is the one determining if I have an intent at the moment of entry. If he let me through, this intent is not put into question later on correct ? 

If I suddenly discover during my stay that I love the US life and decide to file for AOS : being married to an USC, I have the right to do so correct ? Will I need to justify this "sudden" revelation, ie will I be questioned on the fact that we planed the above hypothetical scenario ? Will this happen during the interview ? 

Thanks a lot for your answers ! 

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Filed: Citizen (apr) Country: Taiwan
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Just now, canadian_wife said:

This sounds awfully like you are intentionally planning to spontaneously decide to remain in the US after you enter on a non-immigrant visa.

 

 

Agree.  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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I was afraid it would fall under misrepresentation but I thought it was a way offered to american citizen having to relocate for work to bring their spouse with them. 

I quickly read about the DCF, it would imply for me to stay away from my wife for 16 months and more given the latest timelines published ? Or can I join her even without working (like waiting for an authorization but being with her)? 

I don't understand that there is not a clean way to relocate for work without the other moving spouse to have to stay behind. Maybe I am just discovering US immigration laws, sorry about my naive questions. 

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Filed: Citizen (apr) Country: Taiwan
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5 minutes ago, SebastienFrench said:

I quickly read about the DCF, it would imply for me to stay away from my wife for 16 months and more given the latest timelines published ? Or can I join her even without working (like waiting for an authorization but being with her)? 

DCF is very consulate specific, and it  normally takes only a few months ..not 16.. A normal spousal visa would take about 18-24 months.  

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (apr) Country: Taiwan
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1 minute ago, Boiler said:

Changing ones mind at Baggage Reclaim is a bit of a trope.

I know it is very consulate dependent, but have you seen any recent DCF process times?  I can't seem to mine that data in the timeline section.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (apr) Country: Taiwan
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1 minute ago, SebastienFrench said:

the DCF seems to be the legal way to do this

A spousal visa (through DFC or otherwise) is far, far superior to adjusting status.....far superior. 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (apr) Country: Taiwan
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1 minute ago, SebastienFrench said:

My last question, thanks again Is there a way for me to visit on ESTA when the DCF application is pending ?

Visiting during the immigration process is perfectly legal (at the discretion of CBP).  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (apr) Country: Taiwan
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4 minutes ago, SebastienFrench said:

 


It seems. Legal wise but also on the fact I could work from day 1 (maybe after 6 months which could be faster than AOS).

 

A spousal visa (as compared to adjustment of status) would mean immediate ability to work inside the US, immediate ability to travel outside the US, immediate Green Card, and faster eligibility to file for US citizenship. 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: K-1 Visa Country: Wales
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11 minutes ago, Crazy Cat said:

I know it is very consulate dependent, but have you seen any recent DCF process times?  I can't seem to mine that data in the timeline section.

Most of the ones I see are London, elsewhere they may be rare or rare to VJ. I think I have seen one through Spain? 4 months may be reasonable? You would need recent cases, and a spread to have any confidence.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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