I-130 Question
Mar 5th 2004, 1:09 am
#1
Guest
Posts: n/a
I-130 Question
Reading the USCIS official web site regarding bringing a spouse to the US to
live, one paragraph states the following:
Information for Citizens
If you are a U.S. citizen, your spouse is considered an immediate relative and
is immediately eligible for an immigrant visa if your petition is approved.
Generally, if your spouse is in the U.S. (through a lawful admission or parole)
at the time you file the Form I-130, Petition for Alien Relative, your spouse
may file a Form I-485, Application to Register Permanent Residence or to Adjust
Status at the same time. For more information, your spouse should refer to How
Do I Become a Lawful Permanent Resident While In the United States? If he or
she is outside the U.S., your spouse will need to go to the nearest U.S.
consulate to apply for an immigrant visa.
Question: If a spouse VISITS and is legally here in the USA, can he or she
stay during the process of the I-130?
Referring to a specific part of the above paragraph from the USCIS:
"Generally, if your spouse is in the U.S. (through a lawful admission or
parole) at the time you file the Form I-130, Petition for Alien Relative, your
spouse may file a Form I-485, Application to Register Permanent Residence or to
Adjust Status at the same time."
If they are visiting and you fie the I-130, can they stay and adjust status,
or is this more double speak from the Government?
live, one paragraph states the following:
Information for Citizens
If you are a U.S. citizen, your spouse is considered an immediate relative and
is immediately eligible for an immigrant visa if your petition is approved.
Generally, if your spouse is in the U.S. (through a lawful admission or parole)
at the time you file the Form I-130, Petition for Alien Relative, your spouse
may file a Form I-485, Application to Register Permanent Residence or to Adjust
Status at the same time. For more information, your spouse should refer to How
Do I Become a Lawful Permanent Resident While In the United States? If he or
she is outside the U.S., your spouse will need to go to the nearest U.S.
consulate to apply for an immigrant visa.
Question: If a spouse VISITS and is legally here in the USA, can he or she
stay during the process of the I-130?
Referring to a specific part of the above paragraph from the USCIS:
"Generally, if your spouse is in the U.S. (through a lawful admission or
parole) at the time you file the Form I-130, Petition for Alien Relative, your
spouse may file a Form I-485, Application to Register Permanent Residence or to
Adjust Status at the same time."
If they are visiting and you fie the I-130, can they stay and adjust status,
or is this more double speak from the Government?
Mar 5th 2004, 1:38 am
#2
Lost in BE Cyberspace
Joined: Oct 2003
Location: My Old KY Home!
Posts: 6,498
Re: I-130 Question
I believe the problem here is actually getting your spouse lawfully into the country. I f you are married, and your spouse applies for any kind of visitor visa, they will have to write on the application that they have a USC spouse. Well, more than likely then, that visitor visa would be denied, because it would be assumed the foreign spouse has immigrant intent.
If your spouse is from a VWP country, and he/she tries to enter the US under the VWP, the Immigration Officer is going to ask purpose of visit. If the spouse answers truthfully about coming to visit their US spouse, the IO could deny them entry. If they are not truthful to the IO, then that could get the Adj of Status denied, I think. Once a person is a USC's spouse, it does become extremely difficult for them to enter the country and not be seen as having immigrant intent. But there is a small chance.
To answer your question, though. I do believe it's possible that if they are here lawfully, you can file the I-130/I-485 concurrently and wait out the approval. Someone else may be able to give you a better answer though.
Cheers
If your spouse is from a VWP country, and he/she tries to enter the US under the VWP, the Immigration Officer is going to ask purpose of visit. If the spouse answers truthfully about coming to visit their US spouse, the IO could deny them entry. If they are not truthful to the IO, then that could get the Adj of Status denied, I think. Once a person is a USC's spouse, it does become extremely difficult for them to enter the country and not be seen as having immigrant intent. But there is a small chance.
To answer your question, though. I do believe it's possible that if they are here lawfully, you can file the I-130/I-485 concurrently and wait out the approval. Someone else may be able to give you a better answer though.
Cheers
Originally posted by Annie
Reading the USCIS official web site regarding bringing a spouse to the US to
live, one paragraph states the following:
Information for Citizens
If you are a U.S. citizen, your spouse is considered an immediate relative and
is immediately eligible for an immigrant visa if your petition is approved.
Generally, if your spouse is in the U.S. (through a lawful admission or parole)
at the time you file the Form I-130, Petition for Alien Relative, your spouse
may file a Form I-485, Application to Register Permanent Residence or to Adjust
Status at the same time. For more information, your spouse should refer to How
Do I Become a Lawful Permanent Resident While In the United States? If he or
she is outside the U.S., your spouse will need to go to the nearest U.S.
consulate to apply for an immigrant visa.
Question: If a spouse VISITS and is legally here in the USA, can he or she
stay during the process of the I-130?
Referring to a specific part of the above paragraph from the USCIS:
"Generally, if your spouse is in the U.S. (through a lawful admission or
parole) at the time you file the Form I-130, Petition for Alien Relative, your
spouse may file a Form I-485, Application to Register Permanent Residence or to
Adjust Status at the same time."
If they are visiting and you fie the I-130, can they stay and adjust status,
or is this more double speak from the Government?
Reading the USCIS official web site regarding bringing a spouse to the US to
live, one paragraph states the following:
Information for Citizens
If you are a U.S. citizen, your spouse is considered an immediate relative and
is immediately eligible for an immigrant visa if your petition is approved.
Generally, if your spouse is in the U.S. (through a lawful admission or parole)
at the time you file the Form I-130, Petition for Alien Relative, your spouse
may file a Form I-485, Application to Register Permanent Residence or to Adjust
Status at the same time. For more information, your spouse should refer to How
Do I Become a Lawful Permanent Resident While In the United States? If he or
she is outside the U.S., your spouse will need to go to the nearest U.S.
consulate to apply for an immigrant visa.
Question: If a spouse VISITS and is legally here in the USA, can he or she
stay during the process of the I-130?
Referring to a specific part of the above paragraph from the USCIS:
"Generally, if your spouse is in the U.S. (through a lawful admission or
parole) at the time you file the Form I-130, Petition for Alien Relative, your
spouse may file a Form I-485, Application to Register Permanent Residence or to
Adjust Status at the same time."
If they are visiting and you fie the I-130, can they stay and adjust status,
or is this more double speak from the Government?
Mar 5th 2004, 3:30 am
#3
Guest
Posts: n/a
Re: I-130 Question
sunflwrgr113>>>I believe the problem here is actually getting your spouse
lawfully into the country. I f you are married, and your spouse
applies for any kind of visitor visa, they will have to write on the
application that they have a USC spouse. Well, more than likely then,
that visitor visa would be denied, because it would be assumed the
foreign spouse has immigrant intent.
If your spouse is from a VWP
country, and he/she tries to enter the US under the VWP, the Immigration
Officer is going to ask purpose of visit. If the spouse answers
truthfully about coming to visit their US spouse, the IO could deny them
entry. If they are not truthful to the IO, then that could get the Adj
of Status denied, I think. Once a person is a USC's spouse, it does
become extremely difficult for them to enter the country and not be seen
as having immigrant intent. But there is a small chance.
To answer your
question, though. I do believe it's possible that if they are here
lawfully, you can file the I-130/I-485 concurrently and wait out the
approval. Someone else may be able to give you a better answer though.
Annie>>> Currently he still has a tourist visa and we are not married yet. We
were denied the K-1 due to my not having a job (plenty of non taxable income,
however).
We plan on marrying when he visits this year, and I do not believe we can
just adjust status this visit.
Lets say, we get married in June, and he goes home. I do not file anything
yet. And 6 months from now he comes to visit and he is allowed to visit.
Can we then file the I-130/I-485 and him stay and wait out the visa process?
Will he be able to apply for AP and EAD as well at that time?
Regarding my not having a job, I expect that will be resolved within the
next month.
lawfully into the country. I f you are married, and your spouse
applies for any kind of visitor visa, they will have to write on the
application that they have a USC spouse. Well, more than likely then,
that visitor visa would be denied, because it would be assumed the
foreign spouse has immigrant intent.
If your spouse is from a VWP
country, and he/she tries to enter the US under the VWP, the Immigration
Officer is going to ask purpose of visit. If the spouse answers
truthfully about coming to visit their US spouse, the IO could deny them
entry. If they are not truthful to the IO, then that could get the Adj
of Status denied, I think. Once a person is a USC's spouse, it does
become extremely difficult for them to enter the country and not be seen
as having immigrant intent. But there is a small chance.
To answer your
question, though. I do believe it's possible that if they are here
lawfully, you can file the I-130/I-485 concurrently and wait out the
approval. Someone else may be able to give you a better answer though.
Annie>>> Currently he still has a tourist visa and we are not married yet. We
were denied the K-1 due to my not having a job (plenty of non taxable income,
however).
We plan on marrying when he visits this year, and I do not believe we can
just adjust status this visit.
Lets say, we get married in June, and he goes home. I do not file anything
yet. And 6 months from now he comes to visit and he is allowed to visit.
Can we then file the I-130/I-485 and him stay and wait out the visa process?
Will he be able to apply for AP and EAD as well at that time?
Regarding my not having a job, I expect that will be resolved within the
next month.
