Tweet
Dear Community,
Do you know if it advisable to process upon arrival to the US based on my wife`s 'R' Visa Type, Class B1/B2 good till 2016 the I-130 then the I-485, Application to Register Permanent Residence or Adjust Status?
We have housing in the US, relatives and we intend to move to AZ in the start of 2014 but found out that living in France as a US Naturally Born citizen that I cannot file for my wife of 5 years to the Paris or Frankfurt Consulate and must go through the Chicago Lock box where the case will make it back to the Paris Consulate for processing of the interview, etc.
We travel for vacations and family leave to the US every year but this time due to my job loss and desire to return have tried to fathom the I-130 process then discovered we cannot file from here. Our Bona Fides of our marriage is based in France and we have ties together for a home in the US and Life insurance, etc. Still the law seems grey and we are leery to come to the US on her Visa with the intention to stay.
It appears not legal to come to the states under a visitor’s visa with the intention of staying. Despite that it was described to us on a Telcom with the USCIS Stateside hotline that I-485 was an option yet the Frankfurt Consulate shunned the idea if we so chose this path.
The process is I-485, Application to Register Permanent Residence or Adjust Status. People following the I-130 process get frustrated with the waiting time and us this to shortcut the process. It means that we must be stateside to do it. This entails not only I-130 but I-485, I-765, I-131, I-693, and I-864. Some of which would come eventually but if applying from overseas none are process initially but the I-130 until that is approved and a consulate appointment is made hence triggering the other processes in part.
Notwithstanding the provisions of subsection (b) no petition shall be approved if (1) the alien has previously been accorded, or has sought to be accorded, an immediate relative or preference status as the spouse of a citizen of the United States or the spouse of an alien lawfully admitted for permanent residence, by reason of a marriage determined by the Attorney General to have been entered into for the purpose of evading the immigration laws[,] or (2) the Attorney General has determined that the alien has attempted or conspired to enter into a marriage for the purpose of evading the immigration laws.
Thank you for advice.
Do you know if it advisable to process upon arrival to the US based on my wife`s 'R' Visa Type, Class B1/B2 good till 2016 the I-130 then the I-485, Application to Register Permanent Residence or Adjust Status?
We have housing in the US, relatives and we intend to move to AZ in the start of 2014 but found out that living in France as a US Naturally Born citizen that I cannot file for my wife of 5 years to the Paris or Frankfurt Consulate and must go through the Chicago Lock box where the case will make it back to the Paris Consulate for processing of the interview, etc.
We travel for vacations and family leave to the US every year but this time due to my job loss and desire to return have tried to fathom the I-130 process then discovered we cannot file from here. Our Bona Fides of our marriage is based in France and we have ties together for a home in the US and Life insurance, etc. Still the law seems grey and we are leery to come to the US on her Visa with the intention to stay.
It appears not legal to come to the states under a visitor’s visa with the intention of staying. Despite that it was described to us on a Telcom with the USCIS Stateside hotline that I-485 was an option yet the Frankfurt Consulate shunned the idea if we so chose this path.
The process is I-485, Application to Register Permanent Residence or Adjust Status. People following the I-130 process get frustrated with the waiting time and us this to shortcut the process. It means that we must be stateside to do it. This entails not only I-130 but I-485, I-765, I-131, I-693, and I-864. Some of which would come eventually but if applying from overseas none are process initially but the I-130 until that is approved and a consulate appointment is made hence triggering the other processes in part.
Notwithstanding the provisions of subsection (b) no petition shall be approved if (1) the alien has previously been accorded, or has sought to be accorded, an immediate relative or preference status as the spouse of a citizen of the United States or the spouse of an alien lawfully admitted for permanent residence, by reason of a marriage determined by the Attorney General to have been entered into for the purpose of evading the immigration laws[,] or (2) the Attorney General has determined that the alien has attempted or conspired to enter into a marriage for the purpose of evading the immigration laws.
Thank you for advice.
Comment