Question about getting B2 Visa for purpose of spousal permanent residence.

[EnVee]

Hi,

My wife (who is a US citizen) are looking at moving to the US. We were planning on filing an I-130 outside of the US and wait for the immigrant visa to come through. As we are planning to leave in the next 5 months (tickets are already bought), it looks like that isn't viable.

My question is, is it possible to get a B2 visa to live in the US and file for an I-130 once we arrive, then subsequently the I-485? Is this legal, frowned upon and will my B2 interviewer reject my B2 application if they know I'm looking at becoming a permanent resident?

I've noticed the question "What is the guarantee that you will come back?" in a sample interview online. Since I am looking for a B2 visa to tide me over until I can obtain an immigrant visa, is a truthful answer to this question (That I DONT want to come back) likely to get my visa application rejected?


Much appreciation for anyone who might have an insight into this matter.

Regards,
EnVee

[Bastad]

Hi,

My wife (who is a US citizen) are looking at moving to the US. We were planning on filing an I-130 outside of the US and wait for the immigrant visa to come through. As we are planning to leave in the next 5 months (tickets are already bought), it looks like that isn't viable.

My question is, is it possible to get a B2 visa to live in the US and file for an I-130 once we arrive, then subsequently the I-485? Is this legal, frowned upon and will my B2 interviewer reject my B2 application if they know I'm looking at becoming a permanent resident?

I've noticed the question "What is the guarantee that you will come back?" in a sample interview online. Since I am looking for a B2 visa to tide me over until I can obtain an immigrant visa, is a truthful answer to this question (That I DONT want to come back) likely to get my visa application rejected?


Much appreciation for anyone who might have an insight into this matter.

Regards,
EnVee

You probably won't get the B1/B2 visa. During the interview all of this will come out - that your wife is a US citizen and that you only need the B1/B2 visa to "bridge" the time of getting your residency sorted out. Under those conditions, no consular officer will approve your application.

The problem you have here is that there's absolutely no warranty whatsoever that your wife will ever apply for your residency - you both may arrive to the US, and within a week, get a divorce - and there you are, an illegal immigrant.

[EnVee]

You probably won't get the B1/B2 visa. During the interview all of this will come out - that your wife is a US citizen and that you only need the B1/B2 visa to "bridge" the time of getting your residency sorted out. Under those conditions, no consular officer will approve your application.

The problem you have here is that there's absolutely no warranty whatsoever that your wife will ever apply for your residency - you both may arrive to the US, and within a week, get a divorce - and there you are, an illegal immigrant.

I really appreciate the response Bastad.

I was really hoping I wouldn't have to come back when I fly over in december, but it's looking like I will. We'll be putting in the I-130 petition in the next week and HOPING TO DEAR GOD it comes through soon enough to get the immigrant visa before the flights. I know that its not going to happen... Is a full I-130 to immigrant visa in 4 months completely unheard of?

Anyway, Our main course of action is to send in the I-130 now and fly back to the US under the Visa Waiver Program and then come back after 90 days for the rest of the visa processing. However I know this will land me in scrutiny with the CBP as I will be travelling with a US citizen. I plan on having as much proof of returning as possible, like the flights home pre-booked, a letter from my employer stating my taking leave and return to work, open bank accounts and phone bills.... As I currently live with my parents, I can't prove serious ties with my country through property/lease agreements.

Does this at all sound doable? My wife is incredibly and unspeakably homesick and I want to be able to go back with her, if only for the 3 months... Otherwise we'll both be more miserable apart.

[Bastad]

I really appreciate the response Bastad.

I was really hoping I wouldn't have to come back when I fly over in december, but it's looking like I will. We'll be putting in the I-130 petition in the next week and HOPING TO DEAR GOD it comes through soon enough to get the immigrant visa before the flights. I know that its not going to happen... Is a full I-130 to immigrant visa in 4 months completely unheard of?

Anyway, Our main course of action is to send in the I-130 now and fly back to the US under the Visa Waiver Program and then come back after 90 days for the rest of the visa processing. However I know this will land me in scrutiny with the CBP as I will be travelling with a US citizen. I plan on having as much proof of returning as possible, like the flights home pre-booked, a letter from my employer stating my taking leave and return to work, open bank accounts and phone bills.... As I currently live with my parents, I can't prove serious ties with my country through property/lease agreements.

Does this at all sound doable? My wife is incredibly and unspeakably homesick and I want to be able to go back with her, if only for the 3 months... Otherwise we'll both be more miserable apart.

Ok, so - this is complicated . . . There's the RIGHT, LEGAL way to do this - and the illegal ones. So let's focus on the LEGAL ones.

There IS a USCIS field office in London - so you can file your I130 there. I just checked the USCIS processing time page (at https://egov.uscis.gov/cris/processTimesDisplayInit.do) and the current processing time in London for I130 is 1.3 months - say, 40 days. Not bad - considering it's taking four months in most US offices.

Regrettably, as you're NOT legally residing in the US at this time, you cannot do concurrent filing of I130 and I485 - you will need to get the I130 first, then apply for I485. Processing time for I485 depends on which office you use (check the previous link, based on where your wife will reside in the US) but seems to vary from four months to eight months. Ugh.

I would call the USCIS field office in London, check what your options are. One alternative, as I said, is to file the I130 in London, and then submit the I485 on a field office in the US - and then sit tight and wait. Remember that once you get the I130 you will also need to do the medical exam and once you have the approved petition, schedule an appointment w/ the US consulate to get your immigrant visa stamped on your passport.

In any case - give the USCIS field office a call. They may suggest an alternative.

[EnVee]

Ok, so - this is complicated . . . There's the RIGHT, LEGAL way to do this - and the illegal ones. So let's focus on the LEGAL ones.

There IS a USCIS field office in London - so you can file your I130 there. I just checked the USCIS processing time page (at https://egov.uscis.gov/cris/processTimesDisplayInit.do) and the current processing time in London for I130 is 1.3 months - say, 40 days. Not bad - considering it's taking four months in most US offices.

Regrettably, as you're NOT legally residing in the US at this time, you cannot do concurrent filing of I130 and I485 - you will need to get the I130 first, then apply for I485. Processing time for I485 depends on which office you use (check the previous link, based on where your wife will reside in the US) but seems to vary from four months to eight months. Ugh.

I would call the USCIS field office in London, check what your options are. One alternative, as I said, is to file the I130 in London, and then submit the I485 on a field office in the US - and then sit tight and wait. Remember that once you get the I130 you will also need to do the medical exam and once you have the approved petition, schedule an appointment w/ the US consulate to get your immigrant visa stamped on your passport.

In any case - give the USCIS field office a call. They may suggest an alternative.

Complicated indeed. I have a quick question, Even though I'm not from the UK or any if the countries that the London field office says it services, is it still possible for us to send the I-130 there and have it processed there? A 1.3month process time sounds pretty good.

[Bastad]

Complicated indeed. I have a quick question, Even though I'm not from the UK or any if the countries that the London field office says it services, is it still possible for us to send the I-130 there and have it processed there? A 1.3month process time sounds pretty good.

WHERE you file doesn't have anything to do with your country of citizenship - but where you LIVE/RESIDE.

Take a look at http://www.uscis.gov/i-130

The USCIS web site is chock full of very good information - including a "How Do I Help My Relative Become a Permanent Resident? (Guide for U.S. Citizens)" - which is available at http://www.uscis.gov/sites/default/f...urces/A1en.pdf - I would highly recommend you to take a second now to read a bit. Download the guide, download the forms, read them, come back if you have questions.

As I said before, you'll go into the IR category - which means you will NOT have to wait for an immigrant visa number to become available - it is ALWAYS available for spouse of a US citizen. But that doesn't exempt you from going through the whole process - which, again, may take (1.3 months + 4 months) or (1.3 months + 8 months) or . . .

Regrettably, the I485 queue is the same for everyone - no matter if you're going employment-based, investor, etc. You can, however, apply for Premium Processing for your I485 - will be more expensive, buy may speed up the processing time some.