I married my foreign spouse 8 years ago in the States. We are now living abroad and looking to move back to the States within the year. Can we apply for the I-130 while still abroad and have my spouse fly with me to America on a travelers visa and arrange to have the interview as well as finish up the immigration application at the local USCIS office?
With the marriage having taken place in the US, I am a little confused where we should file this thing. Now, while abroad or can we both go back together and do it in the States. Thank you.
You should file in the US once you re-establish your US residence. I do recommend hiring an attorney in the States to handle it on your behalf - you can physically be abroad when docs are filed. Please feel free to contact me directly for further questions at [email protected]
Yes this is possible, but you will come to the US on an immigrant visa , so your interview will be at the Consulate where you live.
There are some tricky procedures such as the affidavit of support that you will have to overcome
I would advise hiring a lawyer in the States to help you.
p See the link below for a detailed explanation of the process
Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 [email protected] Enjoy our Blog at http://immigrate2usa.blogspot.com/
There may not be much in the way of a visa available for her to travel to the US with if she's marriage to a citizen/planning to process for a green card - can no longer use the V category.
Better to process abroad and enter as a permanent resident. The first part would be handled in the U.S., the second abroad.
I agree with Mr. Fleischer. You need to process the I-130 petition at the U. S. Embassy. If she has immigrant intent for the purposes of the visit, she can be sent back/summarily removed based upon INA Section 214(b) or perhaps for fraudulent misrepresentation based upon INA 212(a)(6)(C)(i).
The latter charge is an indefinite ban to lawful immigration. If you are in doubt, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney.
This is general information, not legal advice, and does not create an attorney client relationship.
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