Living outside US - waiting for spouse's green card - need to move to US - what to do

[ceckrich]

My husband and I have been married 12 years, I am American and my husband is Dutch (born in Holland). Our children (11 and 10) are dual citizens. We have been living for 14 years in Bonaire, Dutch Caribbean. We are waiting for a decision on our green card application (I-130, received in June). My first application was returned to me because USCIS didn't recognize my address (our island doesn't have a zip code). I worked for an American company for 7 years but lost my job a year ago. We have sold our business and home and were planning on moving to the USA in March when the house is officially sold. I thought that we would have plenty of time to finish this before moving, but I doubt we will have a decision before we leave since the USCIS keeps extending their estimated processing times. Also, we are supposed to undergo 'consular processing' and imagine this must take place in Caracas, Venezuela. I have two worries. One is having the expense of traveling to Caracas for the entire process of consular processing - this would be very expensive and there are very serious travel warnings posted by the US government for Americans traveling to Caracas - it is a very volatile and unsafe place for Americans to be. Two - I obviously don't want to go to the US and leave my husband behind. What sort of options are there for us? Can he join us on a tourist visa and we do the interview in the US? He could travel back and forth if necessary. Any advice would be greatly appreciated. Caren

[rayb]

Given the progress of your I-130, the U.S. Embassy or Consulate with jurisdiction over your location is unlikely to approve a B2 visitor visa for your husband.

What is the current status of the I-130? Normally, after the petition approval, it will then go to the National Visa Center for fee exchanges, sponsorship and civil document submittals, which will take another 5 weeks or so, before moving to a consulate post for interview preparations.

--Ray B

My husband and I have been married 12 years, I am American and my husband is Dutch (born in Holland). Our children (11 and 10) are dual citizens. We have been living for 14 years in Bonaire, Dutch Caribbean. We are waiting for a decision on our green card application (I-130, received in June). My first application was returned to me because USCIS didn't recognize my address (our island doesn't have a zip code). I worked for an American company for 7 years but lost my job a year ago. We have sold our business and home and were planning on moving to the USA in March when the house is officially sold. I thought that we would have plenty of time to finish this before moving, but I doubt we will have a decision before we leave since the USCIS keeps extending their estimated processing times. Also, we are supposed to undergo 'consular processing' and imagine this must take place in Caracas, Venezuela. I have two worries. One is having the expense of traveling to Caracas for the entire process of consular processing - this would be very expensive and there are very serious travel warnings posted by the US government for Americans traveling to Caracas - it is a very volatile and unsafe place for Americans to be. Two - I obviously don't want to go to the US and leave my husband behind. What sort of options are there for us? Can he join us on a tourist visa and we do the interview in the US? He could travel back and forth if necessary. Any advice would be greatly appreciated. Caren

[ceckrich]

Thanks for responding - so many questions

Hello Ray,
Thank you so much for replying so quickly! The petition is in the 'initial review' stage - they have had it for 7 months. Since we have found a buyer for our home, we are in the process of making plans to move to the USA and would like to know what to expect so that we can buy plane tickets, etc. We just came back from visiting my mom in Texas over Christmas without any problems. His ESTA tourist visa was approved immediately online. If I go first to the states and he stays behind, would our interviews be in separate locations? Could he still come and visit as long as he only comes for 3 months at a time? How long would he have to stay away between visits. And, although Caracas officially has jurisdiction over this area, would we be able to request that his interview take place at the US Embassy in Holland, since it's infinitely safer? I also wonder if I could just cancel the petition and start over with another more reasonable strategy that wouldn't cause us to be separated. I never imagined it would be this complicated. I know you may not have answers to these questions, but it's worth a try. Again, thanks for your attention to this thread.

Given the progress of your I-130, the U.S. Embassy or Consulate with jurisdiction over your location is unlikely to approve a B2 visitor visa for your husband.

What is the current status of the I-130? Normally, after the petition approval, it will then go to the National Visa Center for fee exchanges, sponsorship and civil document submittals, which will take another 5 weeks or so, before moving to a consulate post for interview preparations.

--Ray B

[rayb]

With your husband in the U.S., submit an I-485 package, with a copy of the receipt Notice of Action for the I-130, and don't let your husband leave the U.S. until he has his Green Card.

There are mixed reports about whether this can be done on an ESTA entry. It has worked for me with a German woman and her daughter, but occasional citations can be found on USCIS website pages that ESTA entrants are ineligible for visa conversions while in the U.S. If that is the case, your husband should be allowed to exit the U.S. without penalty and be processed abroad. If he has Dutch citizenship, you can request that the petition be transferred to the Netherlands for visa processing.

--Ray B

Hello Ray,
Thank you so much for replying so quickly! The petition is in the 'initial review' stage - they have had it for 7 months. Since we have found a buyer for our home, we are in the process of making plans to move to the USA and would like to know what to expect so that we can buy plane tickets, etc. We just came back from visiting my mom in Texas over Christmas without any problems. His ESTA tourist visa was approved immediately online. If I go first to the states and he stays behind, would our interviews be in separate locations? Could he still come and visit as long as he only comes for 3 months at a time? How long would he have to stay away between visits. And, although Caracas officially has jurisdiction over this area, would we be able to request that his interview take place at the US Embassy in Holland, since it's infinitely safer? I also wonder if I could just cancel the petition and start over with another more reasonable strategy that wouldn't cause us to be separated. I never imagined it would be this complicated. I know you may not have answers to these questions, but it's worth a try. Again, thanks for your attention to this thread.

[ceckrich]

Thanks for your advice

Thanks Ray,
I appreciate your advice!

With your husband in the U.S., submit an I-485 package, with a copy of the receipt Notice of Action for the I-130, and don't let your husband leave the U.S. until he has his Green Card.

There are mixed reports about whether this can be done on an ESTA entry. It has worked for me with a German woman and her daughter, but occasional citations can be found on USCIS website pages that ESTA entrants are ineligible for visa conversions while in the U.S. If that is the case, your husband should be allowed to exit the U.S. without penalty and be processed abroad. If he has Dutch citizenship, you can request that the petition be transferred to the Netherlands for visa processing.

--Ray B