Best way to start I-130 process

[DavidOx 0]

Hi All,

 

I’m a US citizen, my wife of 9 yrs is from Thailand. I’m currently living and working in Japan. I will go back to the US in April 2024 and would like to figure out the best way to obtain an immigrant visa for my wife. Is it better to start the i-130 now in Japan (assuming she would be able to still travel to the US under a B2 visa before i130 is finalized) or wait until we move to the US, then start i130, and then do an AOS (assume wife would be on a B2 visa)?  Entire goal is to minimize our time apart. 

Thanks for help. 

[IWander 589]

21 minutes ago, DavidOx said:

Hi All,

 

I’m a US citizen, my wife of 9 yrs is from Thailand. I’m currently living and working in Japan. I will go back to the US in April 2024 and would like to figure out the best way to obtain an immigrant visa for my wife. Is it better to start the i-130 now in Japan (assuming she would be able to still travel to the US under a B2 visa before i130 is finalized) or wait until we move to the US, then start i130, and then do an AOS (assume wife would be on a B2 visa)?  Entire goal is to minimize our time apart. 

Thanks for help. 

She cannot enter on a visit with the predetermined plan to adjust status 

[Boiler 45,481]

A B is for visiting not immigrating

 

Does she have a B?

[Boiler 45,481]

Maybe DCF depends on the April 2024 move reason.

[SalishSea 17,823]

4 hours ago, DavidOx said:

Hi All,

 

I’m a US citizen, my wife of 9 yrs is from Thailand. I’m currently living and working in Japan. I will go back to the US in April 2024 and would like to figure out the best way to obtain an immigrant visa for my wife. Is it better to start the i-130 now in Japan (assuming she would be able to still travel to the US under a B2 visa before i130 is finalized) or wait until we move to the US, then start i130, and then do an AOS (assume wife would be on a B2 visa)?  Entire goal is to minimize our time apart. 

Thanks for help. 

No, this is immigration fraud.  You should petition her for an immigrant visa asap.

 

Some time apart is often unavoidable.  

[DavidOx 0]

Thanks everyone for your comments.

 

Ok, we can't do option B which is to wait until I/we get to the US to start the process.  Got it.  Option A seems the way to go, start the process now outside the US.

She currently has a B1 visa which expires in a couple of years. If we start the i-130 process while outside the US, can she use this existing B1 visa to enter the US for a short period of time?

 

FYI - reason for moving back to the US is simply that my work contract is ending.

[pushbrk 12,877]

35 minutes ago, DavidOx said:

Thanks everyone for your comments.

 

Ok, we can't do option B which is to wait until I/we get to the US to start the process.  Got it.  Option A seems the way to go, start the process now outside the US.

She currently has a B1 visa which expires in a couple of years. If we start the i-130 process while outside the US, can she use this existing B1 visa to enter the US for a short period of time?

 

FYI - reason for moving back to the US is simply that my work contract is ending.

Yes, she can visit.  Unless it is an actual job transfer within the same company, filing directly with the Consulate in Japan will not work.  File ASAP.  You're more than a year late already.  Current timelines for spouse immigrant visa are 18 to 24 months.

[DavidOx 0]

It's not a work transfer.  I'm leaving the company and moving back to the US.

So I need to file the i-130 online ASAP.  Thanks.

[D-R-J 192]

1 hour ago, pushbrk said:

Yes, she can visit.  Unless it is an actual job transfer within the same company, filing directly with the Consulate in Japan will not work.  File ASAP.  You're more than a year late already.  Current timelines for spouse immigrant visa are 18 to 24 months.

This instance does seem to be a transfer within a company. Am I missing something?

 

 

[IWander 589]

3 hours ago, D-R-J said:

This instance does seem to be a transfer within a company. Am I missing something?

 

 

The only way to know is to contact the Consulate and see if they approve or deny.  If they deny then it will cost you some time, but you are already behind for service center processing .

[D-R-J 192]

Sorry, my last message has a typo. Should be “doesn’t seem to be a transfer.” 
 

I would think DCF might be a possibility. As always at the discretion of the embassy.

[D-R-J 192]

You and your wife both have legal residency in Japan?

[OldUser 6,636]

6 hours ago, DavidOx said:

If we start the i-130 process while outside the US, can she use this existing B1 visa to enter the US for a short period of time?

She can, but keep in mind, tourist / business entry is never guaranteed even with valid visa in passport.

[DavidOx 0]

All, I will investigate the DCF option with the embassy, if it doesn't work I'll apply as normal through the online application ASAP.  Thanks for the help.