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Fastest way to be a legal resident in the US

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  • Fastest way to be a legal resident in the US

    I have spent the better part of 2 weeks trying to find the answer to my question and stumbled upon this forum. I have search but not found the answer here either so if it has been asked before I apologize.

    My wife and I currently live in Sweden, she is an American citizen and I am Swedish. We have been married for 11 years (today as a matter of fact), we have 3 children together who are all americans with passports, social security numbers and everything.
    We have looked into the different options but none of them seem straight forward. I called USCIS twice but got very confusing answers.

    What it comes down to now is this, can we travel to the US and I use the Visa Waiver Program, and once we are there file an I-130 and an I-485 concurrently?
    The alternative, filing an I-130 while staying in Sweden and then filing an I-134 seems like a guarantee we will be apart for a long while since my wife would have to move there ahead of me to file the I-134.

    Any help is appreciated.

    Thank you.

  • #2
    As you stated there are two options to become a lawful legal resident in the US, either can work for you being a spouse of a USC however, the decision to which you will go is the dilemma. In either option to become a legal resident you will need to wait about one year (I-130/I-485 path would be shorter but not that much). if I were in your place I would go for Consular Processing path if I have a job in Sweden provided that your wife will support this option. If not then you can use the Visa Waiver and travel to the US with your wife and file your I-130/I-485 concurrently while in the US. With this I-130/I-485 you will not be able to work unless you prove that your I-485 has been pending for about six months. It is useful to add that you can go for this option and maintain your job in Sweden by traveling 2 or 3 times within the year that follows your filing date for a Lawful Permanent Resident (for biometric and interview...etc). By the way you will need to file I-864 not I-134 for Affidavit of support. Once more I know it is a bit hectic and most of it is based on individuals circumstances. To me having a job is essential to have a peace of mind!!!

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    • #3
      Thank you for your answer, I think we have decided to go with the consular processing after reading up on the I-864. The section on "Good Faith Reestablishment of Domicile" was very interesting especially.

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      • #4
        Since a while back the I-130 cannot be filed at the embassy in Stockholm. Instead, it has to be filed with the USCIS. Filing the I-130/I-485 while being in the US on the VWP is not really appropriate, especially if you've been married for 11 years.

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