US citizen married with child outside of US, when can my wife come?

[pushbrk 12,984]

Sounds like you are getting your wake-up call now.  This site is here to help people do it themselves, but you came here only after starting without doing the homework part.  You are going to have some hard decisions to make, and must get your head around accepting a path  and timing you don't like.  The sooner you drop the "I'm not going to...." from your mind, the sooner you can move ahead productively.

[mam521 2,106]

Please fill out your timeline.  You'd have eliminated a number of questions ahead of time, had you done so. https://www.visajourney.com/timeline/profile.php?id=481781

 

Immigration is a privilege, not a right.  Your partner is not entitled to live in the US any more than you are entitled to live in her country.  Tossing comments around like skipping the queue and having an overall bad attitude isn't going to help your family on this journey.  As many have stated, it is 100% possible for you to return to the US, establish domicile and work while your wife and child are in her home country.  Many, many of us have done it.  You are not special in any way when it comes to this situation.  Immigration takes time, money and patience, end of story.  

[Cathi 5,771]

6 hours ago, Kyle M said:

Well, after seeing how certain immigrants who don't bother with such paperwork can stay, I don't think the expectation was that unrealistic. I guess the people that try to follow the rules always lose out.

Please explain how you would be missing out if you do things legally? Just because others have gone about it the wrong way has absolutely no bearing on your immigration journey, immigration to the U.S is a privilege, not a right. Complaining about people who are here illegally isn't going to get you anywhere, especially on this site where we are here to help others through their journey, not argue semantics. Either you accept our help, or try to do things on your own...

Edited December 7 by Cathi

[Cathi 5,771]

6 hours ago, Kyle M said:

, I'm not going to leave my wife and daughter and I'm not going to bring my daughter without my wife.

No one here said you had to...

[spicynujac 27]

No need for more passive aggressive hostile snark to the OP, or accusing him of being a criminal or suggesting if the wait is longer than he expected it would take, then he is going to commit immigration fraud lol.  Come on!

 

I'm pretty sure it was all a wakeup call to everyone the first time we learned how lengthy / expensive / unfair / onerous the legal immigration system was. 

 

OP, the fastest (and cheapest) way to get your wife/child to the US would have been Direct Consular Filing, which bypasses the Customs and Immigration processing in the USA and does everything at the foreign embassy.  But if you have filed an I-130 already, then it's too late for that and you will just need to wait for IR1 visa processing to be completed.  Read the guides here and they will walk you through the steps. 

 

There is a big backlog of cases since the pandemic, so maybe as those continue to clear, the timeline will shorten, but the most realistic expectation at this time is 2 years.  Yes it sucks and it is a broken system, but just start working on all the required steps now and things will go smoothly (ignore the fearmongering about how your wife might not be allowed to join you from random strangers).  In the meantime, does she have visa-free ability to travel to the USA as a tourist?  Perhaps she could make extended visits while her case is being processed, though read up on potential issues with that.  But it's absolutely allowed and many here have done so.  

 

 

 

 

Edited December 7 by spicynujac

[TiffAndMike 60]

On 12/6/2024 at 1:28 PM, Kyle M said:

Yeah, for those that follow the rules it sure is.

Come on everyone, can we ease up on the OP and be a little supportive ?  He's entitled to feel the way he feels. I think every single one of us has been in for something unxepected here and there during our own journey's. I don't think he is trying to act entitled,  I think he is just in shock to how the legal immigration system actually works. 

 

To the OP:

I get it and I sympathize with you, I really do. When my husband and I first realized that we wanted to be each other's "forevers" I did extensive research over the course of 6 months on Legal immigration, what our options were and spoke with numerous attorneys before we decided which path we wanted to pursue in order for us to be in the states permanently together.  

 

At the time, USCIS was processing I-129s in the same amount of time as I-130s. We decided that we wanted to go with the IR-1 visa as it was just as fast, less expensive and less red tape. 6 months later, we were married and starting our immigration process. At the time when we filed, USCIS was taking 11 months to process the I-130. Our petition was given a priority date of 12/07/2023..... 11 months meant that it would either be approved or denied by November 2024.

 

Fast forward 1 year later....

Yesterday marked the 1 year mark of USCIS having our petition and yet here we are sitting here still waiting for their decision. What was supposed to be 11 months til a decision has grown into 16 months. Myself and everyone else currently going through the process have seen our expected processing times grow month after month in what seems like a never ending cycle.

 

The part of the whole process that shocked and royally pissed me off is finding out that USCIS can just continuously increase your processing time whenever they see fit.  Going into this, I thought that when they said "11 months" it meant "11 months" and that future petitions may take longer than that, not ones that were currently pending. I also did not know that every time Biden announced a new "TPS" or "parole in place/advanced parole" scheme, that it would affect the time it took petitions like mine to be processed. 

 

It is heartbreaking, frustrating, agonizing and infuriating. Every single one of us has had to make sacrifices and put our lives on hold while we go through what seems like a neverending process.

 

Is it fair to us that we did everything the way we are supposed to it only to watch those that broke the law get priority? Absolutely not.

 

I particularly am not enjoying spending the holidays once again without my husband but unfortunately, it is what it is and it's out of my control. I've had to learn how to accept it for what it is and not dwell on the fact that my government is failing me.  

 

If you dwell on it, it will do nothing but consume you and make you beyond bitter. Believe me, I know.

 

The range of emotions I have felt going through the LEGAL immigrantion system has truly been a roller-coaster ride.  I am a realistic person. I knew what I was getting into but it didn't prepare me for how I would feel. I really don't think anyone could really be prepared for the emotional part of the journey. 

 

my thoughts to you is to just go through the process of getting your wife to the states. While you are doing this, don't focus on how long it takes. Instead put all your energy and time into creating the best life you can for your family once they here in the states. 

Get your future home ready for them. Paint the bedroom your wife's favorite color and decorate it to her taste.  Go shopping for things that you know your daughter would love to have in her room, etc.  

 

My husband is going to be leaving pretty much everything he owns behind when he moves to the states so I am constantly looking for things I know he likes to make the apartment I live in feel like home to him. I also shop for clothes for him. We use Skype and Whatsapp to go shopping together.  

 

You are lucky like I am that your spouse is in a visa waiver country so the two of you can visit each other during the process without a lot of red tape. She will have to apply for an ESTA to visit you but it's pretty affordable (about $20 every 2 years) and easy to obtain even with a pending I-130.  She can stay for up to 3 months at a time. 

 

Once you get your recipt notice from USCIS, go ahead and file for a K3. It will be denied but could help your I-130 speed up by a couple of months. Even if it don't, it's free to file and there is nothing to lose other than the cost of postage. 

 

If you ever need advice or just someone to vent to, feel free to pm me. Sometimes it helps just to talk to someone who understands what you are going through.  

 

 

 

 

 

 

 

 

 

[Boiler 45,715]

There are no wait times, there are peoples guesstimates based on current and past experience which may or may not hold but that is all we have.

[Kyle M 6]

On 12/7/2024 at 3:25 AM, spicynujac said:

OP, the fastest (and cheapest) way to get your wife/child to the US would have been Direct Consular Filing, which bypasses the Customs and Immigration processing in the USA and does everything at the foreign embassy.  But if you have filed an I-130 already, then it's too late for that and you will just need to wait for IR1 visa processing to be completed.  Read the guides here and they will walk you through the steps. 

Can I simply cancel the I-130 and do the DCF instead? I will likely be receiving a work contract early next year, so I could use that. A work contract with a start date is required, right? Or can you file DCF for some other reason?

[Boiler 45,715]

That would be up to the Consulate

[Kyle M 6]

On 12/6/2024 at 8:41 PM, SalishSea said:

You are coming across as quite entitled.  
 

Legal immigration  involves planning and waiting.   Most of us here have had to do loads of planning and waiting in our journeys.   No one else is more special than the next person.

Maybe that's because I'm an American citizen, a real one not some johnny come lately who was naturalized five minutes ago, and so is my daughter. Both of my parents were also born in America, and both of my grandfathers served in WWII. One of them died. So yeah, actually I think I should be entitled to more than some random Green Card marriage scheme, or someone who just became a citizen yesterday. And if the American people were ever given a vote on immigration policy for real, instead of being told something will change but the policy continues to be looking the other way at illegals and frauds like Indian H1B scammers, then literally no one (no real American) would have an issue with me bringing my Swedish wife.

[OldUser 6,920]

1 hour ago, Kyle M said:

Maybe that's because I'm an American citizen, a real one not some johnny come lately who was naturalized five minutes ago, and so is my daughter. 

You're not above other US citizens regardless of their origin. The processing times show USCIS treats "real" and "naturalized" citizens equally, like they should according to law.

 

By starting the divide, are you implying your Swedish wife is also lesser than you since she's foreign?

Edited December 8 by OldUser

[pushbrk 12,984]

6 hours ago, Kyle M said:

Can I simply cancel the I-130 and do the DCF instead? I will likely be receiving a work contract early next year, so I could use that. A work contract with a start date is required, right? Or can you file DCF for some other reason?

A new job with a new employer, would not qualify for DCF.  DCF, (too late now anyway) would work if your current US Employer was transferring you.  You choosing to find a new job is highly unlikely to qualify.

 

I see you haven't adjusted your attitude yet.  The sooner you do, the sooner you'll be able to make the right decisions for you and your family's future.  This is the IR1/CR1 visa forum.  It's about US Citizens bringing foreign spouses to the USA.  The participants here, particularly the senior ones here have already been through the process, and helping others for years.  We are all trying to help you, so please drop the attitude.  OK?

 

[davidvs 352]

22 hours ago, Kyle M said:

Maybe that's because I'm an American citizen, a real one not some johnny come lately who was naturalized five minutes ago, and so is my daughter. Both of my parents were also born in America, and both of my grandfathers served in WWII. One of them died. So yeah, actually I think I should be entitled to more than some random Green Card marriage scheme, or someone who just became a citizen yesterday. And if the American people were ever given a vote on immigration policy for real, instead of being told something will change but the policy continues to be looking the other way at illegals and frauds like Indian H1B scammers, then literally no one (no real American) would have an issue with me bringing my Swedish wife.

I hope your *eventual* "Janey come lately" Swedish wife sees this comment and gets an idea of what you think about her. Maybe she will make the decision of if she and her child stays behind while you return to the US alone for you. 

[powerpuff 6,737]

Thread locked for review.

 

VJ Moderation 

[Ban Hammer 13,416]

upon review by the mod team, this thread will remain locked.
do not restart this thread upon penalty of death or worse.
significant admin action has been taken against one account for egregious violations of the terms of service.