US Citizen filing abroad 1-130 for IR Spouse: Questions and wait times!!

[digitalnomad]

Hello all,

As US expat in the EU, I find myself spending a lot time in forums these days

I am a US citizen married to a EU national, who has been living the EU for the last 6 years. We were married 5 years ago in San Francisco (my hometown) and although my spouse has never lived in the US, the correct ESTA and US sentry and exit criteria was religiously followed each time we visited the US.

Each year I religiously file my US taxes, disclosing foreign income and banking (FBAR/FATCA), and have been listing my NRA spouse since I file as married, filing single. i realize that not that any of this really matters or can help fast track my spouses I-130 form but I am hoping something beneficial comes out of following the rules. Due to lack of career opportunities and advancement in the EU (surprising huh), I want to move back to the US and bring my EU national spouse. We just filed the I-130 & I-130A with the Chicago Lockbox and had our first issue with my EU based credit card being rejected (ugh) so thankfully a friend will help out with a US based personal check. Minor bump in the road so my bigger concerns and why I am posting in this forum is to see if there are other couples filing outside the US who have similar concerns about the process that we do, for example:

1. According to what I have read, my spouse cannot legally enter the US while the I-130 is processing, so if I move back to re-establish myself, my spouse cannot join me until the process is complete?? Is "complete" when the GC is approved or issued?

2. If I to move back the US to accept a job offer (I am actively interviewing now), my spouse will return to Belgium (home country, since we are currently in Italy) and we are concerned that the interview process having complications since my spouse will be only living temporarily back in Belgium (in an airbnb no doubt). Does anyone know if this matters? We had the foresight to list Brussels as the US Embassy for the interview, but I want to ensure we do not cause more issues along the way.

3. Because we are in Italy and Rome is the only USCIS location, we opted to send our form directly to the Chicago Lockbox (if you have ever lived in Italy or tried to deal with the Italian bureaucratic process and unreliable postal system, you would hav done the same). I see many posts that say Chicago feeds the Nebraska NVC (which we are hoping for), does anyone know the routing process? For example: both Nebraska and Vermont have 5-9 month process average times, whereas California has 18-32 moths or something insane like that! My permanent address is in SF, however we will not be moving there so we are a little worried that our application will be routed there by default due to my permanent address... mamma mia!

4. Too much movement. We traveled extensively during the first few years of our relationship and marriage, so we have lived at multiple addresses over the last 5 years (4 countries and many short-term apartments - all via Airbnb and short term rental agencies so can be tracked electronically). I supplied a very detailed list as an addendum as recommended but because we were not "stable" and ideas on if this will this impact us negatively?

5. My spouse does not currently work or earn an income and if we are separated while the GC is processing (7-12 months!) the financial burden can become significant - especially since neither of us have family that can support us during this transition. Anyone know if there is a work around to this? Immigration is never easy and we have survived the EU immigration process for 3 countries, but then again were together and not separated.

6. Bona Fide Marriage evidence. We are a modern and very unconventional couple and since this was a second marriage for both of us, our priorities were different so we do not have wedding photos, we did not legally take on each others names, nor do we own property together or mix finances, so the only evidence we could offer was my taxes for the last 4 years where my spouse is listed, extensive long haul travel itineraries and visa on arrival letters, the US marriage certificate, and the EU country residency documents that reference my family based residency. I am starting to wonder is this is enough?

Naturally all immigration scenarios are difficult and I do not think we are any kind of exception to the rules or unique, like most of you we are freaked out and concerned about the unknown timeframes or hold ups our application will have based on gaps or lack of suitable evidence. If anyone has a similar experience, words of wisdom, or motivational antidotes, we would love to hear them in solidarity and hope!

Thanks for reading and any feedback would be helpful...

[linuxpro]

I did the same. We got married near San Francisco as well (2014). I submitted the I130 in September of 2016. It was approved by February of 2017. I waited for a job transfer back to the USA that never happened. The USCIS approved her in February 2017. I called the NVC and asked for a one year extension. I moved back to the USA in January 2018. I resumed the paperwork. My wife arrived on August of 2018. The embassy lost her paperwork for two months, or she would have arrived in June.

Item 6 might be a problem for you. I suggest you get some photo's and common bank accounts. I only say this because sometimes they look at that stuff, and sometimes they do not. My wife brought our scrap book. She opened it for the consular, and held it up to the window. The consular said, "Lovely photos. Thank you", and never actually asked to see it up close. However my friend was scrutinized when he brought his wife.

Now we are bringing her son, and the consular said specifically that they want to see pictures with myself and the little guy.

[newacct]

1. According to what I have read, my spouse cannot legally enter the US while the I-130 is processing

This is not true. Being the beneficiary of a pending or approved petition does not prohibit your spouse from entering the US. He/she can enter the US under the same conditions as any other foreigner; e.g. to enter as a visitor he/she would need to convince the officer that he/she does not intend to immigrate during this stay. Being the beneficiary of a pending or approved petition might make that harder to do, but many people have done it.

[linuxpro]

This is not true. Being the beneficiary of a pending or approved petition does not prohibit your spouse from entering the US. He/she can enter the US under the same conditions as any other foreigner; e.g. to enter as a visitor he/she would need to convince the officer that he/she does not intend to immigrate during this stay. Being the beneficiary of a pending or approved petition might make that harder to do, but many people have done it.

I agree with digitalnomad. My wife visited Seattle for a short holiday while her immigration was in pending. We had no issue. But, then again we both had employment.

If you and your wife can show employment in your current country, then she will likely be approved for a B2 tourist visa. Enjoy your holiday! : ) But, then again, you say she is not employed. Well, then you might have a problem. : (

[ember]

1. It is much more likely that your spouse will be denied a visit visa due to having shown immigrant intent, which is not allowed for a B2. However, as others have said, many people have still done it. It would be easier if she could show a connection to Belgium to elsewhere in the EU, but since she is unemployed and has no long-term housing, this may be difficult. If you want to visit the US with her, she can try to apply for a visa but she should also be aware that she may be denied. If she does come to the US and if you want to file for adjustment here, you may need to speak to a lawyer to see if you can get her case transferred from the NVC to USCIS. She is not supposed to do this, so I would definitely seek professional advice, but it has definitely been done. Probably more than expected.

2. Your spouse will be expected to show up for an interview at her local embassy or consular office. I do not see why her lodgings would matter, except that she will probably want to get a safe mailing address. Also, she should be able to prove residency in Belgium. This should not be an issue for her.

3. The routing process depends on a lot of factors. Where you live, how many cases each center has, etc. You will know once you get your Receipt Notice.

4. This should not negatively impact you as long as you have a complete record.

5. She can get a job. I don't mean that in a snide way, but that seems like the easiest "workaround" to the financial burden aspect. Otherwise I am not sure what you are looking for here. You could go through the job interviewing process, open a U.S. Bank account, etc., and see if they will hold the job for a bit so that you can establish residency in the US but stay together in Europe as long as possible. I don't know if that would work, you'd prob have to show a job with a definite start date, a bank account, maybe a lease that starts in the future? I guess she could try to get a B2 visa and come to the US that way. If she gets one, she can just stay with you.

6. That is good evidence, but you should have more. The EU documents for family reunification are good. You should mix finances if possible. Not all of them necessarily, but finances are big in the immigration process so even one joint bank account or one credit card account that you both use would help. You should also have photos, correspondence, affidavits from friends & family, records showing that you lived together (both receiving mail somewhere, both names on AirBnB, same address on ID cards - for example the Carta d'Identit? includes your address, so even if you don't have driver's licenses, if you're both living in Italy, you should have those & they should reflect the same address. The key points to hit are (1) shared residence (2) shared finance (3) shared life. Every bona fide marriage of 5 years has enough proof. If you don't have a lot of "traditional" proof, get creative! There are many ways to showcase your marriage

Hello all,

As US expat in the EU, I find myself spending a lot time in forums these days

I am a US citizen married to a EU national, who has been living the EU for the last 6 years. We were married 5 years ago in San Francisco (my hometown) and although my spouse has never lived in the US, the correct ESTA and US sentry and exit criteria was religiously followed each time we visited the US.

Each year I religiously file my US taxes, disclosing foreign income and banking (FBAR/FATCA), and have been listing my NRA spouse since I file as married, filing single. i realize that not that any of this really matters or can help fast track my spouses I-130 form but I am hoping something beneficial comes out of following the rules. Due to lack of career opportunities and advancement in the EU (surprising huh), I want to move back to the US and bring my EU national spouse. We just filed the I-130 & I-130A with the Chicago Lockbox and had our first issue with my EU based credit card being rejected (ugh) so thankfully a friend will help out with a US based personal check. Minor bump in the road so my bigger concerns and why I am posting in this forum is to see if there are other couples filing outside the US who have similar concerns about the process that we do, for example:

1. According to what I have read, my spouse cannot legally enter the US while the I-130 is processing, so if I move back to re-establish myself, my spouse cannot join me until the process is complete?? Is "complete" when the GC is approved or issued?

2. If I to move back the US to accept a job offer (I am actively interviewing now), my spouse will return to Belgium (home country, since we are currently in Italy) and we are concerned that the interview process having complications since my spouse will be only living temporarily back in Belgium (in an airbnb no doubt). Does anyone know if this matters? We had the foresight to list Brussels as the US Embassy for the interview, but I want to ensure we do not cause more issues along the way.

3. Because we are in Italy and Rome is the only USCIS location, we opted to send our form directly to the Chicago Lockbox (if you have ever lived in Italy or tried to deal with the Italian bureaucratic process and unreliable postal system, you would hav done the same). I see many posts that say Chicago feeds the Nebraska NVC (which we are hoping for), does anyone know the routing process? For example: both Nebraska and Vermont have 5-9 month process average times, whereas California has 18-32 moths or something insane like that! My permanent address is in SF, however we will not be moving there so we are a little worried that our application will be routed there by default due to my permanent address... mamma mia!

4. Too much movement. We traveled extensively during the first few years of our relationship and marriage, so we have lived at multiple addresses over the last 5 years (4 countries and many short-term apartments - all via Airbnb and short term rental agencies so can be tracked electronically). I supplied a very detailed list as an addendum as recommended but because we were not "stable" and ideas on if this will this impact us negatively?

5. My spouse does not currently work or earn an income and if we are separated while the GC is processing (7-12 months!) the financial burden can become significant - especially since neither of us have family that can support us during this transition. Anyone know if there is a work around to this? Immigration is never easy and we have survived the EU immigration process for 3 countries, but then again were together and not separated.

6. Bona Fide Marriage evidence. We are a modern and very unconventional couple and since this was a second marriage for both of us, our priorities were different so we do not have wedding photos, we did not legally take on each others names, nor do we own property together or mix finances, so the only evidence we could offer was my taxes for the last 4 years where my spouse is listed, extensive long haul travel itineraries and visa on arrival letters, the US marriage certificate, and the EU country residency documents that reference my family based residency. I am starting to wonder is this is enough?

Naturally all immigration scenarios are difficult and I do not think we are any kind of exception to the rules or unique, like most of you we are freaked out and concerned about the unknown timeframes or hold ups our application will have based on gaps or lack of suitable evidence. If anyone has a similar experience, words of wisdom, or motivational antidotes, we would love to hear them in solidarity and hope!

Thanks for reading and any feedback would be helpful...

[suzmeo]

I-130 NOA1 receipt I797 didnt arrive after 30 days

dear community ,

I dont know how to open a new thread so ive thought this Topic fits best for my Question.

my husband send the I130 (spouse) on january second 2019 An email arrived on the 8th of january saying that our case got accepted and transfered to Nebraska and the official receipt notice will be send by Standard mail within 7-10 days. it also says we should contact them if its still not there on the 1st of february.

Both of us didnt receive anything so far. neither at his residence in the US nor me here in Germany.


Does anybody experienced something similar ?


Does anybody know which number to call to get advice and Information?


weve tried to contact the USCIS online but it denied our submition .



I would welcome any advice .

Thanks so much


love Suz

[mdmm55]

Age limit

I was applied for Family based immigration by my father in 2007 in Pakistan . My two son were 13 and 15 years old and are now 23 and 26 years old.My priority date is closer but I did not receive any letter from USA.
Kindly let me know does age matter for my 2 sons to qualify for USA immigration / Green Card on Family category ??

[digitalnomad]

Thanks for all the great responses community

thank for taking the time to respond to my post - great info!

Cheers, digitalnomad