After Immigration Visa filed, visiting States
Nov 3rd 2012, 6:40 pm
#1
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Thread Starter
Joined: Jul 2012
Posts: 122
After Immigration Visa filed, visiting States
Hi,
There is a similar thread, but I don't want to hijack it - and I have different concerns anyway.
I'm a USC, my husband UKC - currently all living in Switzerland. I filed the I-130 on July 30th. We recently received the request for an Affidavit of Support + Immigration Visa. By the time, we get all the papers they request put together (and they didn't request an 'intent to domicile' which I only found out about when I called to figure out what to do), we'll submit all those in late November.
My daughter (USC) and I will 'officially' return to the US on December 19th. My husband will follow (on a tourist visa) a couple of days later. I'll advise the NVC of our change of address when we submit all the documents in late November.
My husband will have a return ticket, dated less than 90 days after his arrival. Are we liable to have problems with this? I'm assuming the case will advance considerably during the 3 months he's in the States. But once he gets his green card, will he be 'stuck' in the States and unable to leave the country for a period? I had seen this mentioned somewhere on the forum - but searched for it now and can't find anything.
Thanks.
There is a similar thread, but I don't want to hijack it - and I have different concerns anyway.
I'm a USC, my husband UKC - currently all living in Switzerland. I filed the I-130 on July 30th. We recently received the request for an Affidavit of Support + Immigration Visa. By the time, we get all the papers they request put together (and they didn't request an 'intent to domicile' which I only found out about when I called to figure out what to do), we'll submit all those in late November.
My daughter (USC) and I will 'officially' return to the US on December 19th. My husband will follow (on a tourist visa) a couple of days later. I'll advise the NVC of our change of address when we submit all the documents in late November.
My husband will have a return ticket, dated less than 90 days after his arrival. Are we liable to have problems with this? I'm assuming the case will advance considerably during the 3 months he's in the States. But once he gets his green card, will he be 'stuck' in the States and unable to leave the country for a period? I had seen this mentioned somewhere on the forum - but searched for it now and can't find anything.
Thanks.
Nov 3rd 2012, 7:38 pm
#2
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: After Immigration Visa filed, visiting States
We recently received the request for an Affidavit of Support + Immigration Visa.
By the time, we get all the papers they request put together (and they didn't request an 'intent to domicile' which I only found out about when I called to figure out what to do), we'll submit all those in late November.
My daughter (USC) and I will 'officially' return to the US on December 19th.
My husband will follow (on a tourist visa) a couple of days later. I'll advise the NVC of our change of address when we submit all the documents in late November.
My husband will have a return ticket, dated less than 90 days after his arrival. Are we liable to have problems with this?
But once he gets his green card, will he be 'stuck' in the States and unable to leave the country for a period?
I had seen this mentioned somewhere on the forum - but searched for it now and can't find anything.
Rene
Nov 3rd 2012, 7:52 pm
#3
Forum Regular
Thread Starter
Joined: Jul 2012
Posts: 122
Re: After Immigration Visa filed, visiting States
Did you file the I-130 directly there in Switzerland (on this board called DCF, or Direct Consular Filing)? Or did you send the I-130 to the USA?
You can't file in Switzerland - we had to file directly to the USA.
I assume you mean Immigrant Visa fee? I assume this request came from NVC? If so, then it must mean you sent the I-130 to the USA?
Yeah, they keep billing us - we keep paying.
If the I-130 was filed in the USA, the case is progressing through NVC, and there will be no "intent to domicile" factor. NVC assumes you are already domiciled in the USA (which, reading further, seems you will be, since you will be moving to the USA ahead of your UKC spouse).
Why do you write 'officially'? Will you not be staying in the USA?
Yeah, we will be staying in the USA - though if my husband can't stay with us we'll all go on vacation in Europe for a while when his tourist visa expires (mid-March 2013).
NVC does not need to know your address in the USA. NVC needs to know your husband's address abroad (which shouldn't change, since he's just visiting the USA and will return to Switzerland for his medical and visa interview).
He won't be returning to our address in Switzerland - we close on the sale of our house on December 19th. Does he need a 'courtesy' address in Switzerland - or is it possible for the interview, etc. to take place in the States during his 'visit' in early 2013? Can he switch the address to the UK? It is more likely we'll be making an extended visit to the UK than to Switzerland.
Possibly. It depends on the mood of the POE officer on that day. It also depends on whether it seems as though he is trying to move to the USA as a tourist. He should bring proof of his ties to either Switzerland or the UK, just in case he's asked to provide such proof at the POE. He should be prepared to show that his stay in the USA is temporary.
He won't get his green card (i.e., he won't become a US Permanent Resident) until he enters the USA using his Immigrant Visa. So he's not going to get stuck in the USA as a tourist, no. He will leave before his 90 days are up, and will finish the Immigrant Visa process in Switzerland.
Thanks.
I think you're getting confused between the Immigrant Visa process, and an Adjustment of Status process. Your husband is doing an Immigrant Visa process.
Is it possible to switch his status during the process? Where he could fulfil the medical and interview process during his stay in the States?
Rene
You can't file in Switzerland - we had to file directly to the USA.
I assume you mean Immigrant Visa fee? I assume this request came from NVC? If so, then it must mean you sent the I-130 to the USA?
Yeah, they keep billing us - we keep paying.
If the I-130 was filed in the USA, the case is progressing through NVC, and there will be no "intent to domicile" factor. NVC assumes you are already domiciled in the USA (which, reading further, seems you will be, since you will be moving to the USA ahead of your UKC spouse).
Why do you write 'officially'? Will you not be staying in the USA?
Yeah, we will be staying in the USA - though if my husband can't stay with us we'll all go on vacation in Europe for a while when his tourist visa expires (mid-March 2013).
NVC does not need to know your address in the USA. NVC needs to know your husband's address abroad (which shouldn't change, since he's just visiting the USA and will return to Switzerland for his medical and visa interview).
He won't be returning to our address in Switzerland - we close on the sale of our house on December 19th. Does he need a 'courtesy' address in Switzerland - or is it possible for the interview, etc. to take place in the States during his 'visit' in early 2013? Can he switch the address to the UK? It is more likely we'll be making an extended visit to the UK than to Switzerland.
Possibly. It depends on the mood of the POE officer on that day. It also depends on whether it seems as though he is trying to move to the USA as a tourist. He should bring proof of his ties to either Switzerland or the UK, just in case he's asked to provide such proof at the POE. He should be prepared to show that his stay in the USA is temporary.
He won't get his green card (i.e., he won't become a US Permanent Resident) until he enters the USA using his Immigrant Visa. So he's not going to get stuck in the USA as a tourist, no. He will leave before his 90 days are up, and will finish the Immigrant Visa process in Switzerland.
Thanks.
I think you're getting confused between the Immigrant Visa process, and an Adjustment of Status process. Your husband is doing an Immigrant Visa process.
Is it possible to switch his status during the process? Where he could fulfil the medical and interview process during his stay in the States?
Rene
