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Hannah N

Apply overseas or in US for green card?

By Hannah N in What Visa Do I Need - Family Based Immigration

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Hannah N Newbie

Hannah N   0

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My husband and I got married in Turkey but before our marriage, he got a 10 year tourist visa to the US. He still has 5 years left on that. We currently live in Turkey, but I was wondering if we move to America and apply for the green card there, if that would be possible? I understand that if he has the tourist visa, he would have to leave after three months and then could come back. I'm just wondering about this because then we could start living in America when we choose instead of having to wait years for the green card and then going. What are your thoughts?

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Mike E Grand Master

Mike E   11,739

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Filed: Citizen (apr) Country: Myanmar
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I-485 is available to B visa holders who entered without immigration intent. He is not in the U.S.  Therefore he is not eligible for I-485.

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powerpuff Veteran

powerpuff   6,697

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Filed: Lift. Cond. (pnd) Country: Kazakhstan
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What you’re suggesting to do is immigration fraud - namely coming to the US on a non immigrant visa with an intent to adjust status to get a GC. 
 

Your only option is filing for a spousal visa. 
 

1 hour ago, Hannah N said:

I'm just wondering about this because then we could start living in America when we choose instead of having to wait years for the green card and then going

I’m sure everyone would want this. But we had to follow US immigration laws. 
 

Edited by powerpuff

 

 

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Crazy Cat Grand Master

Crazy Cat   41,836

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Filed: Citizen (apr) Country: Taiwan
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15 minutes ago, Hannah N said:

I'm just wondering about this because then we could start living in America when we choose instead of having to wait years for the green card and then going. What are your thoughts?

It is illegal to enter the US as a visitor with the intent to stay and apply for a Green Card.  What you propose is visa fraud and misrepresentation.  I suggest you start the normal spousal visa process by filing an I-130 online or contact your local consulate and ask about Direct Consular Filing (if you qualify).  

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)

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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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Dashinka Grand Master

Dashinka   24,488

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Filed: Citizen (apr) Country: Russia
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2 hours ago, Hannah N said:

My husband and I got married in Turkey but before our marriage, he got a 10 year tourist visa to the US. He still has 5 years left on that. We currently live in Turkey, but I was wondering if we move to America and apply for the green card there, if that would be possible? I understand that if he has the tourist visa, he would have to leave after three months and then could come back. I'm just wondering about this because then we could start living in America when we choose instead of having to wait years for the green card and then going. What are your thoughts?

If you as the USC are planning to repatriate to the US for a job or for some other reason mostly outside of your control you can explore DCF.  If this is not the case, file the I130 online about 2 years or so before you plan to relocate to the US.  He can still use the B2 visa he has to visit or vacation, but you can stay living together in Turkey until you get close to him having a spousal visa interview, then you will have to make plans for your relocation.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Redro Experienced

Redro   4,611

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Filed: IR-1/CR-1 Visa Country: South Africa
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18 hours ago, Hannah N said:

My husband and I got married in Turkey but before our marriage, he got a 10 year tourist visa to the US. He still has 5 years left on that. We currently live in Turkey, but I was wondering if we move to America and apply for the green card there, if that would be possible? I understand that if he has the tourist visa, he would have to leave after three months and then could come back. I'm just wondering about this because then we could start living in America when we choose instead of having to wait years for the green card and then going. What are your thoughts?

One thing I have been seeing is tourists who arrive to the US and then adjust discover their family members are refused tourist visas when they want to visit. 

So, not only would your husband be committing visa fraud, he would compromising his family's ability to visit in the future. 

Immigrating to the US takes a long time but one also needs to look at the long term plan and goals. 

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