US Immigrant's wife: best way to petition her
Jun 10th 2004, 9:34 am
#16
Guest
Posts: n/a
Re: US Immigrant's wife: best way to petition her
"Amanda" <[email protected]> wrote in message
news:[email protected]...
> x24 <member25137@british_expats.com> wrote in message
news:<[email protected]>...
> > Thanks to all of you who responded, we really appreciate it.
> >
> > Anyway,
> > while reading through the replies, I've somewhat came to the conlcusion
> > that the best way to do this is for me to wait to be naturalized, then
> > apply the I-130 for her. I am hopeful that my citizenship application
> > won't take that long since I think that priorities, state-wise, are
> > better here in Maryland (as compared to New York and California to name
> > a few), and also that my dad was naturalized just 4 months after
> > submitting his N-400. Reading along though, this caught my eye:
> >
> > >
> > If by "under AOS" you mean "applicant for adjustment of status" or
"I-485
> > > applicant" there is no requirement to extend status. As an applicant
for
> > > adjustment, she is authorized to stay in the U.S. until the I-485 is
> > > adjudicated. And of course as an I-485 applicant she *can* legally
travel
> > > outside the U.S. and re-enter, if she is not subject to the 3 or 10
year
> > > bars, and if she has obtained advance parole.
> >
> > We don't really plan on her travelling outside the US
> > once she gets here hopefully under the I-485 (AOS).
This phrase caught my eye. It sounds as if you are under the impression
that your wife can enter the U.S. "under the I-485." That is not the way it
works.
For a person to be eligible to file Form I-485, he or she must be inside the
U.S. in valid nonimmigrant status. In addition, the person must be careful
that the timing of the filing of Form I-485 will not risk a charge of
"preconceived immigrant intent." An entry in B-2 visitor status requires
that the person intend to return to the home country, and the I-485 is an
application for permanent resident status. If a person used a B-2 visa, for
example, to enter the U.S., and then files Form I-485 within a short time of
entry, it seems clear the person did not comply with the law upon entry.
So, be careful about this!
As long as she is
> > authorized to stay here while waiting for I-485, is fine with us because
> > we can be together earlier. I do have to be a citizen already when this
> > happens right?
> Not "have to" but that's the best route to go since you are about to
> apply for citizenship.
> > But then again, her being my spouse would then endanger
> > her eligibility for AOS.
It will endanger her eligibility to enter the U.S. in B-2 or F-1 status, or
any other status that requires temporary intent.
> Why? She will be able to do AOS because her husband is a citizen.
[snip]
> > Ok, summing it up. My best
> > course of action would be:
> >
> > - send my N-400 and wait for me to be naturalized.
> > - apply for I-130 for her
She can enter as a permanent resident straight from abroad. That is called
"consular immigrant visa processing." The process is for you to file the
I-130 by itself at the USCIS Service Center, and request consular
processing. The petition will be approved, and forwarded to the National
Visa Center. Various other processing will take place, ending with an
interview at a U.S. consular post in the home country about six months after
the I-130 approval.
The time between filing and approval of an I-130 filed at a USCIS Service
Center is very long. Even for immediate relatives, it ranges from 8 months
(Vermont Service Center) to nearly two years (Nebraska Service Center). For
the preference categories like spouse of a U.S. permanent resident, I-130s
are taking over 5 years at the Vermont Service Center. See
https://egov.immigration.gov/cris/jsps/index.jsp.
news:[email protected]...
> x24 <member25137@british_expats.com> wrote in message
news:<[email protected]>...
> > Thanks to all of you who responded, we really appreciate it.
> >
> > Anyway,
> > while reading through the replies, I've somewhat came to the conlcusion
> > that the best way to do this is for me to wait to be naturalized, then
> > apply the I-130 for her. I am hopeful that my citizenship application
> > won't take that long since I think that priorities, state-wise, are
> > better here in Maryland (as compared to New York and California to name
> > a few), and also that my dad was naturalized just 4 months after
> > submitting his N-400. Reading along though, this caught my eye:
> >
> > >
> > If by "under AOS" you mean "applicant for adjustment of status" or
"I-485
> > > applicant" there is no requirement to extend status. As an applicant
for
> > > adjustment, she is authorized to stay in the U.S. until the I-485 is
> > > adjudicated. And of course as an I-485 applicant she *can* legally
travel
> > > outside the U.S. and re-enter, if she is not subject to the 3 or 10
year
> > > bars, and if she has obtained advance parole.
> >
> > We don't really plan on her travelling outside the US
> > once she gets here hopefully under the I-485 (AOS).
This phrase caught my eye. It sounds as if you are under the impression
that your wife can enter the U.S. "under the I-485." That is not the way it
works.
For a person to be eligible to file Form I-485, he or she must be inside the
U.S. in valid nonimmigrant status. In addition, the person must be careful
that the timing of the filing of Form I-485 will not risk a charge of
"preconceived immigrant intent." An entry in B-2 visitor status requires
that the person intend to return to the home country, and the I-485 is an
application for permanent resident status. If a person used a B-2 visa, for
example, to enter the U.S., and then files Form I-485 within a short time of
entry, it seems clear the person did not comply with the law upon entry.
So, be careful about this!
As long as she is
> > authorized to stay here while waiting for I-485, is fine with us because
> > we can be together earlier. I do have to be a citizen already when this
> > happens right?
> Not "have to" but that's the best route to go since you are about to
> apply for citizenship.
> > But then again, her being my spouse would then endanger
> > her eligibility for AOS.
It will endanger her eligibility to enter the U.S. in B-2 or F-1 status, or
any other status that requires temporary intent.
> Why? She will be able to do AOS because her husband is a citizen.
[snip]
> > Ok, summing it up. My best
> > course of action would be:
> >
> > - send my N-400 and wait for me to be naturalized.
> > - apply for I-130 for her
She can enter as a permanent resident straight from abroad. That is called
"consular immigrant visa processing." The process is for you to file the
I-130 by itself at the USCIS Service Center, and request consular
processing. The petition will be approved, and forwarded to the National
Visa Center. Various other processing will take place, ending with an
interview at a U.S. consular post in the home country about six months after
the I-130 approval.
The time between filing and approval of an I-130 filed at a USCIS Service
Center is very long. Even for immediate relatives, it ranges from 8 months
(Vermont Service Center) to nearly two years (Nebraska Service Center). For
the preference categories like spouse of a U.S. permanent resident, I-130s
are taking over 5 years at the Vermont Service Center. See
https://egov.immigration.gov/cris/jsps/index.jsp.
Jun 10th 2004, 11:07 am
#17
Forum Regular
Joined: Apr 2003
Posts: 163
Re: US Immigrant's wife: best way to petition her
Originally posted by Amanda
Yes. If your waiting time to become a citzen doesn't
take long, she can even come here on visit visa instead of F-1 aND
WAIT WITH YOU TILL till you become a citizen to file I-130. She can
extend her visit visa once form inside.
> Thanks again.
Yes. If your waiting time to become a citzen doesn't
take long, she can even come here on visit visa instead of F-1 aND
WAIT WITH YOU TILL till you become a citizen to file I-130. She can
extend her visit visa once form inside.
> Thanks again.
But then again, that's just another minute detail.
P.S. As always, the same caveats apply.
Jun 11th 2004, 3:43 pm
#18
Guest
Posts: n/a
Re: US Immigrant's wife: best way to petition her
AnnaV <member10565@british_expats.com> wrote in message news:<[email protected]>...
> Originally posted by Amanda
> > Yes. If your waiting time
> to become a citzen doesn't
> > take long, she can even come here on visit
> visa instead of F-1 aND
> > WAIT WITH YOU TILL till you become a citizen
> to file I-130. She can
> > extend her visit visa once form inside.
> > >
> Thanks again.
>
> As pointed out before, there is this
> little thing called "prior intent to immigrate" on a non-immigrant visa
> which is largely illegal. From Matter of Cavazos, it by itself can not
> be grounds to deny AOS, but if there are material misrepresentations
> (they lie to the consul and/or at the POE), then they're cooked.
She can say "I lied because I wanted to be with my husband". She
wouldn't have to lie, if immigration laws have some humane treatment
toward people in their situation. That's probably why there is the
saying "Everything is fair in love and war".
May be after she comes to US on visit visa or F-1 visa and live that
way though it would be costly for her to study, he should only file
I-130 with the choice of Consular Processing (CP), not AOS, i.e do not
file I-485 at the same time I-130 is filed. Then, when it is time to
apply for immigrant visa, go back home and apply for it there and come
as an immigrant. Upon arrival at the airport, she gets her greencard
stamp.
That way she did return home, fulfilling those non-immigrnt visa
requirement, though it would look like only to apply for immigrant
visa.
All these complications are so stoopid....
I do want to stress (to the peroosn asking the procedure), understand
what AOS and CP means and know the difference.
> If they tell the truth (consul and POE), I doubt she'll be given a visa or,
> if she already has one, I doubt she'll be admitted into the country. I
> suggest they speak to a qualified lawyer to sort this all out.
"Qualoified" is the key.
>
> But then
> again, that's just another minute detail.
>
> P.S. As always, the same caveats apply.
> Originally posted by Amanda
> > Yes. If your waiting time
> to become a citzen doesn't
> > take long, she can even come here on visit
> visa instead of F-1 aND
> > WAIT WITH YOU TILL till you become a citizen
> to file I-130. She can
> > extend her visit visa once form inside.
> > >
> Thanks again.
>
> As pointed out before, there is this
> little thing called "prior intent to immigrate" on a non-immigrant visa
> which is largely illegal. From Matter of Cavazos, it by itself can not
> be grounds to deny AOS, but if there are material misrepresentations
> (they lie to the consul and/or at the POE), then they're cooked.
She can say "I lied because I wanted to be with my husband". She
wouldn't have to lie, if immigration laws have some humane treatment
toward people in their situation. That's probably why there is the
saying "Everything is fair in love and war".
May be after she comes to US on visit visa or F-1 visa and live that
way though it would be costly for her to study, he should only file
I-130 with the choice of Consular Processing (CP), not AOS, i.e do not
file I-485 at the same time I-130 is filed. Then, when it is time to
apply for immigrant visa, go back home and apply for it there and come
as an immigrant. Upon arrival at the airport, she gets her greencard
stamp.
That way she did return home, fulfilling those non-immigrnt visa
requirement, though it would look like only to apply for immigrant
visa.
All these complications are so stoopid....
I do want to stress (to the peroosn asking the procedure), understand
what AOS and CP means and know the difference.
> If they tell the truth (consul and POE), I doubt she'll be given a visa or,
> if she already has one, I doubt she'll be admitted into the country. I
> suggest they speak to a qualified lawyer to sort this all out.
"Qualoified" is the key.
>
> But then
> again, that's just another minute detail.
>
> P.S. As always, the same caveats apply.
Jun 11th 2004, 5:00 pm
#19
Just Joined
Thread Starter
Joined: Jun 2004
Location: MD
Posts: 10
Re: US Immigrant's wife: best way to petition her
Thanks again to all of you who responded. I will be reading about Consular Processing since it's another new term I need to familiarize myself with, and read more about AOS as well.
Jun 17th 2004, 6:46 am
#20
Guest
Posts: n/a
Re: US Immigrant's wife: best way to petition her
x24 <member25137@british_expats.com> wrote in message news:<[email protected]>...
> Thanks again to all of you who responded. I will be reading about
> Consular Processing since it's another new term I need to familiarize
> myself with, and read more about AOS as well.
Hey read this link: http://tinyurl.com/37knz
Lucy said "Since she marries a U.S. citizen, her overstay will be
forgiven."
It seems like it would have been better to get your wife here on F-1
before you get married. Then marry her when you becomes a citizen.
Oh..well.
> Thanks again to all of you who responded. I will be reading about
> Consular Processing since it's another new term I need to familiarize
> myself with, and read more about AOS as well.
Hey read this link: http://tinyurl.com/37knz
Lucy said "Since she marries a U.S. citizen, her overstay will be
forgiven."
It seems like it would have been better to get your wife here on F-1
before you get married. Then marry her when you becomes a citizen.
Oh..well.
