Visa Wait Time For Spouse Of Us Citizen

[NYKate]

So your husband entered the US on a tourist visa and you guys got married in the US or just went forward and applied for his green card? I suppose basically during the wait he was not able to work? Any other restriction? Where you moving to the US with children, pets, furniture? Sounds like that is the way to go to me.

You are correct, the person applying for the visa cannot work until they get their IR-1 visa (immediate relative visa making them a permanent resident and eligible for citizenship after 3 years). I heard (from lawyers) this way could be risky as the tourist visa can be revoked at any time or the person applying for the adjustment of status can be denied and sent back to their country. This is not the case in a normal situation and it is probably a safe way to go (ie emh) but it is good to look at all options. I have been using visajourney.com to help my research, youtube videos and the USCIS website. Here is the link to the Adjustment of status forms and instructions as a FYI. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

 

[emh]

So your husband entered the US on a tourist visa and you guys got married in the US or just went forward and applied for his green card? I suppose basically during the wait he was not able to work? Any other restriction? Where you moving to the US with children, pets, furniture? Sounds like that is the way to go to me.

Yes, he entered on a tourist visa, and after a couple of weeks we went forward and applied for his green card. We did not get married in the US and the US recongnizes the validity of our marriage in Argentina.

There are two things you can apply for in conjunction, one is to work (which really only came through about 10 days before the green card), and another to travel, so that if he had to leave the country he would have no problems returning to the US since he was sort of in limbo status between tourist and permanent resident.

We moved with our son (almost 4, born in Argentina but with US citizenship) and a dog.

That is correct that my husband couldn't work until the green card/employment permission came through, though we were aware of this and it wasn't a problem at all.

I considered using a lawyer, but honestly if you read everything carefully I don't think it's necessary. Visa journey was helpful (though I definitely didn't read everything as it can become a bit scary), as was the USCIS website.

 

[legilber]

One thing to keep in mind, is that our lawyer told us that there are red flags when changing status on a tourist visa. If you apply for your green card between 1-30 days after arrival, BIG red flag. 30-60 days, better but 60-90 days is the BEST.

If you file between 1-60 days, USCIS can argue that you had already planned things which is indeed illegal on a tourist visa. If you apply after 60-90 days, you can explain that you went for a visit and then things changed and you've decided to stay.

 

[Edmund Pickett]

My wife is Argentine and we've been married for a year and a half. We've visited the US several times for short visits which was easy because she got accepted on the trusted traveler visa program or whatever it's called. She can go online and get a visa immediately. She also has British citizenship so maybe that helps. That has been good enough for us until now but we may want to live in the US for longer periods without visa hassles and with the right for her to work. From what I read on the Dept. of State website, it seems that the only option for her is the green card program, which would require her to live in the US for three years without leaving the country. Since she has kids in Argentina, that is not good for us. Is there another possibility for her? Also, I remember seeing an ad for an attorney in BA who said he has done a bunch of spousal visa applications for the US and knows the ropes. Anyone know about this? Are there reputable abogados in BA who can actually make this process easier? Thanks, Edmund

 

[NYKate]

My wife is Argentine and we've been married for a year and a half. We've visited the US several times for short visits which was easy because she got accepted on the trusted traveler visa program or whatever it's called. She can go online and get a visa immediately. She also has British citizenship so maybe that helps. That has been good enough for us until now but we may want to live in the US for longer periods without visa hassles and with the right for her to work. From what I read on the Dept. of State website, it seems that the only option for her is the green card program, which would require her to live in the US for three years without leaving the country. Since she has kids in Argentina, that is not good for us. Is there another possibility for her? Also, I remember seeing an ad for an attorney in BA who said he has done a bunch of spousal visa applications for the US and knows the ropes. Anyone know about this? Are there reputable abogados in BA who can actually make this process easier? Thanks, Edmund

From my understanding from the USCIS website, she can leave the country as a legal permanent resident but she has to be living in the US for a certain amount of time per year while waiting for her greencard (which arrives quickly). If she gets her greencard and she has to move back to Argentina for a certain amount of time, she can apply to waive the restriction which would revoke it. If she lives in the US as a perm resident for 3 years, she is eligible for citizenship, in which case she can come and go as she would like. I do not know of a lawyer here to help you, sorry, but the USCIS website and visa journey really has been helping us! Good luck!

 

[legilber]

From what I read on the Dept. of State website, it seems that the only option for her is the green card program, which would require her to live in the US for three years without leaving the country. Since she has kids in Argentina, that is not good for us. Is there another possibility for her? Also, I remember seeing an ad for an attorney in BA who said he has done a bunch of spousal visa applications for the US and knows the ropes. Anyone know about this? Are there reputable abogados in BA who can actually make this process easier?

On a green card, you need to go back every six months and if you're going to be out of the country for longer than a year, you need to notify USCIS. If you drop your green card status, you just have to re-apply but our lawyer told us is easier the second time around. So you could essentially have a green card, and go back to Argentina for long stretches.

If you're married for under two years, the green card is conditional and at two years you need to show that you're still together. Regarding the three years for citizenship; you only have to be living in the US for 18 months (they say more than half the time) to be eligible for citizenship. If you're out more than that, just keep you green card status until you've reached the required amount of time.

also OJO with the citizenship restrictions being waived if you have to move back Argentina as they're quite particular and typically is for work transfers. If you say you have to go back for the kids, they may not think that is valid enough as you had knowingly moved to the US with your kids in Argentina.

The process for us has been so INCREDIBLY smooth. If anyone would like to reach out to my lawyer, send me a PM. As the lawyer does not need to be in Argentina to help you out.

 

[citygirl]

Yes, he entered on a tourist visa, and after a couple of weeks we went forward and applied for his green card. We did not get married in the US and the US recongnizes the validity of our marriage in Argentina.

There are two things you can apply for in conjunction, one is to work (which really only came through about 10 days before the green card), and another to travel, so that if he had to leave the country he would have no problems returning to the US since he was sort of in limbo status between tourist and permanent resident.

We moved with our son (almost 4, born in Argentina but with US citizenship) and a dog.

That is correct that my husband couldn't work until the green card/employment permission came through, though we were aware of this and it wasn't a problem at all.

I considered using a lawyer, but honestly if you read everything carefully I don't think it's necessary. Visa journey was helpful (though I definitely didn't read everything as it can become a bit scary), as was the USCIS website.

emh - this is great info - thank you. Can I ask, how long is it that your husband couldn't work? How long did the adjustment of status process take? It sounds like this might be a great option to consider....

 

[emh]

emh - this is great info - thank you. Can I ask, how long is it that your husband couldn't work? How long did the adjustment of status process take? It sounds like this might be a great option to consider....

He wasn't able to work for about 2.5 months, so all things considered it was a pretty brief period.