Visitor's permit after I-130 is approved?

[Rose_Ahmed 1]

Hello!

 

I am a US citizen while my husband has Iraqi citizenship. We both currently live in Sweden. I have a bit of an odd situation here. Earlier this year my husband and I applied for direct consular filing so I could go back to the US to study and he could join me. The embassy was amazing and I got my I-130 application through on exceptional circumstances based on my acceptance to university. An important additional detail is that my husband is an asylum seeker here in Sweden and we honestly didn't have much hope that he would receive residency, so, in another way the US rush was a desperate attempt to stay together. Shockingly, he recently was notified that his case is approved here in Sweden. I also learned I didn't receive as much funding for uni as I'd hoped. Basically, we have been going back and forth on what is best for us. I'm now thinking it's best if I go back to the US and apply for a Swedish marriage permit yet I am still trying to limit our time apart. Additionally, I'm really excited to show him my hometown/country so I thought he could come to visit me in the US while we wait for the Swedish documents to go through. Perhaps, in the future, after visiting the US we might even reconsider and continue with the US route. I've been told our case will remain at the embassy for up to a year of inactivity (Q. Does this mean I can email them every year to keep the case active and have the chance to continue from DS-260 etc. say in 5 years?). 

 

Here's the trouble. His initial permit in Sweden is only approved for 13 months and I'm thinking all the US case officer will see is someone in a temporary situation who doesn't want to return to their home country (Iraq). Will this get in the way of him applying for a visitor's permit or am I overthinking this? I would be grateful for any words of wisdom.

 

Thank you for the read!

 

[milimelo 4,423]

If you're asking about a tourist visa - you won't get that as you've shown clear immigrant intent (DCF). Figure out what you want to do and if it's Swedish residence follow that path. Husband can see your home town once you decide to move back to the states. 

[D-R-J 192]

Hmm…are you saying that he may not be able to stay in Sweden long term?

If that’s the case, I’d come to the US with him. This seems to be the best way to be ensured you’ll never be separated.

[JeanneAdil 6,402]

1 hour ago, Rose_Ahmed said:

Hello!

 

I am a US citizen while my husband has Iraqi citizenship. We both currently live in Sweden. I have a bit of an odd situation here. Earlier this year my husband and I applied for direct consular filing so I could go back to the US to study and he could join me. The embassy was amazing and I got my I-130 application through on exceptional circumstances based on my acceptance to university. An important additional detail is that my husband is an asylum seeker here in Sweden and we honestly didn't have much hope that he would receive residency, so, in another way the US rush was a desperate attempt to stay together. Shockingly, he recently was notified that his case is approved here in Sweden. I also learned I didn't receive as much funding for uni as I'd hoped. Basically, we have been going back and forth on what is best for us. I'm now thinking it's best if I go back to the US and apply for a Swedish marriage permit yet I am still trying to limit our time apart. Additionally, I'm really excited to show him my hometown/country so I thought he could come to visit me in the US while we wait for the Swedish documents to go through. Perhaps, in the future, after visiting the US we might even reconsider and continue with the US route. I've been told our case will remain at the embassy for up to a year of inactivity (Q. Does this mean I can email them every year to keep the case active and have the chance to continue from DS-260 etc. say in 5 years?). 

 

Here's the trouble. His initial permit in Sweden is only approved for 13 months and I'm thinking all the US case officer will see is someone in a temporary situation who doesn't want to return to their home country (Iraq). Will this get in the way of him applying for a visitor's permit or am I overthinking this? I would be grateful for any words of wisdom.

 

Thank you for the read!

 

No,  NVC site 

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/nvc-contact-information.html

One Year Contact Requirement

 

Immigration and Nationality Act (INA) section 203(g) provides that the Secretary of State shall terminate the registration (petition) of any alien who fails to apply for an immigrant visa within one year of notice of visa availability. The petition may be reinstated if, within two years of notice of visa availability, the alien establishes that the failure to apply was for reasons beyond the alien’s control. Therefore if you do not respond to notices from the NVC within one year you risk termination of your petition under this section of law and would lose the benefits of that petition, such as your priority date.

[Rose_Ahmed 1]

1 hour ago, milimelo said:

If you're asking about a tourist visa - you won't get that as you've shown clear immigrant intent (DCF). Figure out what you want to do and if it's Swedish residence follow that path. Husband can see your home town once you decide to move back to the states. 

Thank you for the info! It makes sense. I know it's a bit of a specific question but do you think there will be an issue if we move forward with the US path and I don't end up studying given that's what I received an exception for?

[D-R-J 192]

1 hour ago, JeanneAdil said:

No,  NVC site 

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/nvc-contact-information.html

One Year Contact Requirement

 

Immigration and Nationality Act (INA) section 203(g) provides that the Secretary of State shall terminate the registration (petition) of any alien who fails to apply for an immigrant visa within one year of notice of visa availability. The petition may be reinstated if, within two years of notice of visa availability, the alien establishes that the failure to apply was for reasons beyond the alien’s control. Therefore if you do not respond to notices from the NVC within one year you risk termination of your petition under this section of law and would lose the benefits of that petition, such as your priority date.

If she did DCF then I’m pretty sure her case was never at NVC.

[D-R-J 192]

1 hour ago, Rose_Ahmed said:

Thank you for the info! It makes sense. I know it's a bit of a specific question but do you think there will be an issue if we move forward with the US path and I don't end up studying given that's what I received an exception for?

Hmm. Circumstances change, they’ve already approved the I-130, so I don’t see any issue. It’s not like you were trying to game the system.