# Returning to the US with foreign spouse



## yunnipie (May 12, 2014)

Hi all,
I'm going to bullet point my questions because it saves on reading. 
Basic info: my husband is English, I'm a US citizen. We went to Reno and got married when he visited September 2015, not a fiance visa but the regular visitors visa. He has a daughter with an ex-girlfriend, she lives in Seattle. I obtained a visa to move to the UK and be with him this year, and moved in February. However, now we've decided (for a number of reasons) that we want to move back to the states. Here are my questions:
1. Is it OK that we married in the states under the visa he was on? From the research I had done and the fact that they issued the license, we understood it to be fine.
2. He pays a monthly child support by a prepaid debit card. Would we need records of this? I had planned on a notarized letter from her mother saying that he's paid to their agreement and visits his daughter and such. 
3. Will I be able to financially sponsor him with a job offer for me? I worked at my former employer for 11 years before moving, and they will be happy to employ me again. Will the fact that I hadn't worked for them in at least 6 months prevent me from being able to be the sole sponsor?
Thank you for your help


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## BBCWatcher (Dec 28, 2012)

yunnipie said:


> 1. Is it OK that we married in the states under the visa he was on?


He wasn't on a visa presumably but rather exercising his ESTA visa waiver privileges. Either way, yes, that was OK. Foreign visitors are welcome to get married in the United States, even to U.S. citizens, same or opposite sex. They just aren't allowed to stay.



> 2. He pays a monthly child support by a prepaid debit card. Would we need records of this?


Not for you to file a petition to start the process to obtain an immigrant visa for him (USCIS Form I-130, related attachments, and fee). As part of the financial assessment (much later), maybe.



> 3. Will I be able to financially sponsor him with a job offer for me?


Yes, assuming you meet the necessary income level (or you both have enough combined wealth to pass the alternative financial test), but the financial assessment comes much later in the process. Presumably you'll be well on the job by then if you have an offer now.


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## yunnipie (May 12, 2014)

BBCWatcher said:


> He wasn't on a visa presumably but rather exercising his ESTA visa waiver privileges. Either way, yes, that was OK. Foreign visitors are welcome to get married in the United States, even to U.S. citizens, same or opposite sex. They just aren't allowed to stay.
> 
> Not for you to file a petition to start the process to obtain an immigrant visa for him (USCIS Form I-130, related attachments, and fee). As part of the financial assessment (much later), maybe.
> 
> Yes, assuming you meet the necessary income level (or you both have enough combined wealth to pass the alternative financial test), but the financial assessment comes much later in the process. Presumably you'll be well on the job by then if you have an offer now.


Excellently answered, thank you!! Does the financial portion take place before or after he could go to the US to live? We were hoping to move together (we are finally able to be together after 2-1/2 years). We are looking at doing this early next year, so currently I'm trying to research information.


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## yunnipie (May 12, 2014)

Also, please correct me if I'm wrong, I believe I'd be considered domiciled in the US as:
- My visa to remind in the UK is for a set time (2-1/2 years)
- My family still resides in the US, the home we will live in (my brother owns it) upon initially returning
- I've maintained that address as my home address (DMV, bills, etc)


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## BBCWatcher (Dec 28, 2012)

yunnipie said:


> Does the financial portion take place before or after he could go to the US to live?


Before.



> We are looking at doing this early next year, so currently I'm trying to research information.


If you have the option of Direct Consular Filing with the U.S. Embassy in London, then you should be able to meet that schedule if you and he are reasonably expeditious in executing your parts of the process. If you have to file a petition with USCIS back in the United States I really wouldn't delay. "Early next year" is a bit tight but probably still doable.

One potential source of delay in the overall process is if he's missing one or more of the required vaccinations on the CDC's list (or at least can't find records of them). It'd be prudent for him to fill in any of those gaps while the petition is underway, especially if the NHS will help pay for some or all of his missing vaccinations.


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## Sardonicus (Mar 23, 2015)

Am glad you started this thread, in the morning when I get up will read it through as I may be in a similar situation soon.


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## BBCWatcher (Dec 28, 2012)

yunnipie said:


> Also, please correct me if I'm wrong, I believe I'd be considered domiciled in the US....


For what it's worth I agree with your logic, but none of that matters _now_. You don't need to be domiciled in the United States in order to file an I-130. You never get to these questions unless and until there's an approved I-130 in place.


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## Sardonicus (Mar 23, 2015)

Is there a sticky for this situation, I would imagine a lot of people would have asked this, and as it will apply to me soon, would like to read up on it and not ask questions already answered if there are other such threads. 

Separate but related question - if you get hired as a perm employee in the US while still overseas, i.e. you move back into the role, if you have a foreign spouse, what / if any effort, accommodations, paperwork would be required or expected by the company?


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## Sardonicus (Mar 23, 2015)

...or _from _the company?

In the case of family benefits, I would expect this gets complicated until the spouse gets a Green Card.


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## Bevdeforges (Nov 16, 2007)

It's really difficult to make a sticky for a situation like returning to the US (with or without a foreign spouse). Basically, the process immigration-wise is pretty much the same no matter which spouse has the job (offer) - and the costs are the same either way. The main thing, I suppose, would be whether or not the employer (or employer-to-be) would participate in the visa costs for the non-US spouse as part of the moving costs.

https://www.uscis.gov/family/family...pouses-live-united-states-permanent-residents

Cheers,
Bev


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## twostep (Apr 3, 2008)

Sardonicus said:


> Is there a sticky for this situation, I would imagine a lot of people would have asked this, and as it will apply to me soon, would like to read up on it and not ask questions already answered if there are other such threads.
> 
> Separate but related question - if you get hired as a perm employee in the US while still overseas, i.e. you move back into the role, if you have a foreign spouse, what / if any effort, accommodations, paperwork would be required or expected by the company?


Generally employers process spousal visas attached to employment related visas. You carry a US passport if I am not mistaken so employment based sponsorship for your spouse has to be based on her own merit and employer.


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## Sardonicus (Mar 23, 2015)

Thanks and yes, I am a US citizen born and bred; the wife will not have a job but will hopefully find one once we're settled in.


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## Bevdeforges (Nov 16, 2007)

Sardonicus said:


> Thanks and yes, I am a US citizen born and bred; the wife will not have a job but will hopefully find one once we're settled in.


You probably should speak with your employer about possible assistance with your wife's immigration. The "usual" route would be to go the green card route - though there is a considerable wait with that option, usually 9 to 12 months. But if the company is willing to help out, they should be able to advise on how best to handle that.
Cheers,
Bev


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## twostep (Apr 3, 2008)

Bevdeforges said:


> You probably should speak with your employer about possible assistance with your wife's immigration. The "usual" route would be to go the green card route - though there is a considerable wait with that option, usually 9 to 12 months. But if the company is willing to help out, they should be able to advise on how best to handle that.
> Cheers,
> Bev


What is an employer supposed to be able to do? She can go spousal, student, investment, employment. Refugee should not apply.


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## Bevdeforges (Nov 16, 2007)

Exactly - the employer could offer to assist with the fees (in any event) and/or arrange a schedule for the employee that would mesh with the waiting period involved for processing a spouse visa. I suppose there could be something done along the lines of offering a job to the spouse (with the appropriate visa) or working with another company in the area to offer a job that might be subject to an employment visa.

But the employer is transferring an employee to the US without the "usual" visa considerations. Least they can do is offer some assistance and/or support for the NRA spouse, if only in terms of scheduling the actual transfer around the processing time required for the wife's visa and possibly some support in arranging the move of the household.
Cheers,
Bev


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## twostep (Apr 3, 2008)

Bevdeforges said:


> Exactly - the employer could offer to assist with the fees (in any event) and/or arrange a schedule for the employee that would mesh with the waiting period involved for processing a spouse visa. I suppose there could be something done along the lines of offering a job to the spouse (with the appropriate visa) or working with another company in the area to offer a job that might be subject to an employment visa.
> 
> But the employer is transferring an employee to the US without the "usual" visa considerations. Least they can do is offer some assistance and/or supposrt for the NRA spouse, if only in terms of scheduling the actual transfer around the processing time required for the wife's visa and possibly some support in arranging the move of the household.
> Cheers,
> Bev


Bev - according to his posts he is mid level finance PM not on the tech side anymore. Sounds a bit tired. 

Do you think a company will wait with filling a position until the wife's Green Card process is finalized? There is no info about the wife's background but that she works p/t and cannot dissolve the household. My thoughts about that are way OT! Company A asks company B to find a way to bring a spouse on board. In this case if possible H1B which is more of a gamble then Cr1. I would love to be around for that audit!


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## Bevdeforges (Nov 16, 2007)

Or, the company can move the employee over to the US and allow him a couple of "relocation related" trips back to help his wife get the move organized. Or whatever. 

At the very least, he ought to ask if there is anything the employer can do to help make the relocation "work" - maybe just paying for the wife's visa (in full or in part - allocate a sum in the relo package to go toward the visa). I think it would be viable to include the cost of the wife's visa in relocation costs. 

The worst the employer can say is "no" - but if you don't ask, they won't do anything.
Cheers,
Bev


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## Sardonicus (Mar 23, 2015)

twostep said:


> Bev - according to his posts he is mid level finance PM not on the tech side anymore. Sounds a bit tired.
> 
> Do you think a company will wait with filling a position until the wife's Green Card process is finalized?
> 
> ...


twostep, I appreciate your help and insight, if there is information that would help e.g. wife's background please let me know and I will tell. 

What the heck do you mean by "Sounds a bit tired."m and what is "OT" in this case? 

I will clear those up for you but I can't get where you're coming from what you've written.

About closing up for a move I see it as both our responsibility and I would never expect her to do all that by herself. 

Neither I nor my career are "tired" and I have a pretty strong CV and track record with top firms. 

I mentioned the non-longer tech part as many roles are described generically and there are some very technical roles and there are some where more senior people like myself run things at a higher level, leveraging more techy people and SMEs, rather than still being one. 

It's 'having walked the walk" and can still 'talk the talk" vs. 'still walking the walk", the latter being a blurring of responsibilities.

JDs often fail at covering that spread for some roles. 

I appreciate your not setting expectations on the relo and spouse assistance too high. (that is intentionally "your" and not "you're").


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## twostep (Apr 3, 2008)

To answer some of your questions:

OT = off topic

Sounds a bit tired - read your posts. You use the "flowery" English of those who spent a lot of time in the Far East. Your questions and information given are vague. It sounds like you want to come home to roost but are not sure how to sell yourself.

Closing shop - trust me women are capable of handling things. I am not up to speed on legalities in your location but is there something like a power of attorney? 

I have been in recruiting 15 years, corporate, contractor, international, niche skills. Being the non-US side of the family, having moved 16 times, 3 continents. Moving? When and where to?

As far as setting relo expectations - SO's recent package included needs of two Bengal cats. 

It is all a matter of negotiations. Drill into the organization, get to know their management, get to know the department, get to know the lay of the land. BTW - IT is generally as chatty as magpies and loves to preen feathers in public. Use that to your advantage.

CV - in US CV is a very specific form of presenting your education/employment history and used in C level management or academia. 


Track record - without seeing your information I cannot judge it. The word "still" walking the walk rises flags for me on a professional level. 

Take it or leave it but do not take it personally. 

Ciao,

TwoStep


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## Sardonicus (Mar 23, 2015)

Thanks again, I really appreciate your information. Some of your assessments are a bit off, must be my communication style doesn't jive with yours. I've got a thick skin and don't take anything on forums personally. In response:

I don't think I've been vague except save for obfuscating anything that would identify me to people who might be recruiting me. 

I can be direct as the situation calls for. I know my strengths and can communicate them in the appropriate level of detail for the audience. I know my relative worth, although not in context of all locations and industries in the US, one reason why I am on this forum. Once I get in front of the right people I can certainly sell myself, it's the former I need help with given my time away and eroded network there. But that hasn't stopped me, out of practicality I haven’t posted everything I am doing to get to my next life change.

My plans and my focus are clear:
Plan A is to return to the US with a job in hand within this year, preferably in the next 2-3 months, and it could be in any of the locations I mentioned - NC, Fl, TX, CA. 

Plan B would be to return with no job in hand, which will be very challenging logistically (as I am not sure which location to gamble on) and financially (as being between assignments is draining my finances).

Plan C is to get something here temporarily to stay afloat until Plan A.

The next assignment could be in Financial Services, Insurance, Consulting, Managed Services, or other industry.

PMing (only a part of my career) can and should be able to span industries, as the acumen is the same albeit the domain knowledge may not be. That is why in any proper Program setting there are SMEs and BAs in my teams. I don't code or build hardware any more in this phase of my career but effectively work with those who do, most of whom could not manage their way out of a paper bag nor want to, so it's symbiotic.

It's a nice-to-have where the PM is also an SME, but should not be the requirement; getting things done is our strength and purpose. The closer a PM (Program, Project, Portfolio) Manager gets to 'doing' the work, the further away we get from 'managing' the work, which is our primary function and capability. 

Relo expectations are nil - I don't expect any but want to do whatever I can to get it if I can, and the likelihood of this has since been somewhat set by feedback on this forum, some excellent information from you, Bev and NY...aise. 

If I could get relo it would include a half-container shipping arrangement and packing assistance, set up with a place to stay for the first month upon arrival, and a month's buffer to get from door to door. Hopefully flights as well but the others are more important. Save for said SO arrangements, am I forgetting anything?

At the risk of alienating you or your carefully considered insights, which I would not wish to do, as for your interpretations, as this is what they are, 

- I write and therefore if reflects as 'flowery', doesn't matter; it's the same to as when I lived in the States, more a 'me' thing than a "where I've lived" thing 
- Still don't agree with or grasp the tired thing
- Forget about the wife's/my role in packing up
- I know what OT means, asked about it in your context
Let's not beat these horses any further.

I would be more than happy to send you my resume/CV and would appreciate your feedback on that and insight on how I might focus it and my target next role. Will PM you.

Like most things, when we are deep into our own situations we end up only seeing 80% of it and can lose the fields for the forests, there are who knows how many things I have not yet considered. 

Thanks for all the help, please keep it coming. I will continue to update on how this plays out.


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## Bevdeforges (Nov 16, 2007)

You're in something of a tough situation. Some friends of mine here in France are in a very similar spot and to some extent you have to kind of marshal your resources and decide what your options are, given your age, your experience, your contacts, your requirements and whatever.

My friend's husband has decided to return to the US, due primarily to family commitments, but a huge factor in his case is his age (i.e. over 50), added to the fact that he has been away from the US for more than 20 years. He's advising up front that he is prepared to move himself and family (well, wife) - but even that hasn't attracted any interest.

In your situation, I think you may need to work out what would be the minimum relo assistance you could manage. Don't give that out up front, but be prepared to negotiate as best you can. You may also want to consider alternatives (staying where you are, looking in a third country, etc.) if that would serve as an intermediate step (say, getting you closer to where you want to be). But, if you've got a potential employer interested in you for a US position, there's a reasonable chance they're willing to at least assist with relocation expenses. The balancing act is to maintain their interest while negotiating what you can.
Cheers,
Bev


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## yunnipie (May 12, 2014)

Bevdeforges said:


> You probably should speak with your employer about possible assistance with your wife's immigration. The "usual" route would be to go the green card route - though there is a considerable wait with that option, usually 9 to 12 months. But if the company is willing to help out, they should be able to advise on how best to handle that.
> Cheers,
> Bev


Hi Bev,
I'm confused about the time line. You said 9-12 months, but when I use the USCIS tool to see how long it'll take at our local embassy it says 1.7 months (an average). Is this for just one portion of the process?
Thanks 😊


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## Sardonicus (Mar 23, 2015)

The papers came the other day and have been FedExed back. The US-based job is (almost, haven't passed background checks, etc.) finally looking like a reality. 

We leave for the US in 5 weeks. That's the good news.

I have been flat out trying to find a place to live in a place I've never visited, get a car arranged, sell off / discard / pack / ship decades of belongings, close down accounts etc. - it's a full time effort as the company will not provide any relo assistance and from not working for a while, money is tight. 

The US embassy here is not very helpful, I have questions on the g-325 and i-130 and am not sure who to ask. 

Also, if the processing time is longer than our remaining departure time, is the best way to get the wife a tourist visa, then work on an Immigrant visa while in the US?


(Yes I know this came up in a different thread.)


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## Crawford (Jan 23, 2011)

Sardonicus said:


> The papers came the other day and have been FedExed back. The US-based job is (almost, haven't passed background checks, etc.) finally looking like a reality.
> 
> We leave for the US in 5 weeks. That's the good news.
> 
> ...


Do I understand correctly that you have been offered a job in the US (you are a US citizen) which you will be starting in about 5 weeks.

Your wife needs a spouse visa to accompany you and you are sponsoring her starting with an I-130?

If the above is correct even with Direct Consular Filing the visa process will take 4 to 5 months. (without Direct Consular Filing it takes around 9 to 12 months).

Your wife cannot enter the US as a visitor with *the intent of adjusting status *to a permanent resident. She can visit you during the visa process but has to apply from her home country.


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## Sardonicus (Mar 23, 2015)

Crawford said:


> Do I understand correctly that you have been offered a job in the US (you are a US citizen) which you will be starting in about 5 weeks.
> Yes
> 
> Your wife needs a spouse visa to accompany you and you are sponsoring her starting with an I-130?
> ...


I don't know if it is an option but will ask my company if there is anything they can do for her, but they also have been completely unhelpful. I don't think that even if they were to assist that it wouldn't alter the time frames.


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## Bevdeforges (Nov 16, 2007)

One of the toughest things to realize in this expat life is that, in many countries, there is no inherent right to return "home" with your foreign spouse. The US is not unique in this - take a look at the UK section of the forum here to see lots of people inquiring about how to bring their foreign-born spouses in. 

You're in a fairly good situation in that you probably have no problem meeting the "sponsoring" requirements (i.e. minimum income and a place to live). It might work better if you go on ahead, get started in your job and find a place to live while the paperwork processes. It would give your wife a chance to organize the move, and give you the chance to collect a few paychecks to recover a bit from your recent round of unemployment before she joins you with her spouse visa. Not ideal, for sure, but take advantage of the process to the extent you can.
Cheers,
Bev


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## Sardonicus (Mar 23, 2015)

Thanks Bev, Crawford, BBCW, twostep - I want to name you all because you've been very helpful and I really appreciate it.

I've been at this all day today. 

First finally got a voice on the end of the phone at the US Embassy in Singapore, who are of limited help as they are not equipped with USCIS capability and didn't want to give any official advice. 

Then spoke with two American friends with non-American wives with who are now in the US - one who lived in Japan with a Japanese wife, the other who lived in Singapore with a Filipino wife. Both just happen to be, I found out today, visiting Japan and Singapore respectively this week.

The one with the Japanese wife and kids of their own spent about $5000 on a lawyer based in Japan to get them to the US BEFORE leaving Japan, and it took 4 weeks, which he said was remarkably fast and uncommon. But that was 3-4 years ago and apparently things have become more tight since.

The one with the Filipino wife and kids, one of their own, another from her former marriage, spent about $4000 on a US-based lawyer most of it over a year BEFORE leaving, and all in all took about 4 years, due to complexities. Some of this is still in progress.

Both strongly recommended using a lawyer. 

As our remaining time in SG is relatively short I don't see how we can get my wife an Immigrant visa before we leave. That leaves two alternatives - try and do it from the States, if that is even possible, or from Japan with her there and me in the US. 

From what Crawford mentioned above and another good piece of advice I got in a PM, the latter seems the best way. Also in that way perhaps my wife can visit me as a tourist a few weeks after I arrive. Need to confirm this though as I am told this could be risky. 

I have a few weeks to get the Immigrant Visa from Japan option in motion and try to get a lawyer in Japan, maybe the same one my friend used. 

What is really unfortunate is that the wife can't stay in SG and has no job in Japan, but can at least stay with relatives. It all adds to the expense, frustration, and stress. 

You said it Bev, there is no inherent right to return home with a foreign spouse.


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## Sardonicus (Mar 23, 2015)

Edit: Having said all this, as twostep mentioned, the AoS process appears to allow ..."an eligible applicant to become a lawful permanent resident....without having to go abroad and apply for an immigrant visa" 

Adjustment of status for permanent residence (immigration) in the US


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## Crawford (Jan 23, 2011)

Sardonicus said:


> Edit: Having said all this, as twostep mentioned, the AoS process appears to allow ..."an eligible applicant to become a lawful permanent resident....without having to go abroad and apply for an immigrant visa"
> 
> Adjustment of status for permanent residence (immigration) in the US


 I can appreciate that, with a new job starting in 5 weeks, you are anxious that your wife obtains her spouse visa and entry into the US in the most timely manner.

However, yours is a fairly simple case - you are a returning US citizen with a non US spouse. 

You need to sponsor her starting with the I-130. She needs to remain out of the country while this process is undertaken. 

https://www.uscis.gov/family/family...pouses-live-united-states-permanent-residents

The document you have linked above has no relevance to your case. You have no basis for adjusting status in the US. One can adjust status quite legally and easily if, say, one has entered on a fiance visa and is now changing to permanent resident; one entered on a work visa, married a US citizen and is now changing status; one entered on a student visa and is changing status to work work or marriage visa; one entered the States as a visitor and got married spontaneously (this last scenario is still risky as if refused a visa for marriage one gets sent home immediately)

You wife, if in the States before she gets the spouse visa, will be there on a visitor visa - there is no adjustment of status process in her case from a visitor visa to permanent resident.

While you could possibly get a whiz kid lawyer to expedite matters for you, as said in my previous posting a Direct Consular filing with be around 4 to 5 months, the normal process around 9 months +

You should be planning on YOU moving to the US, starting your job, then applying for the spouse visa for your wife. She can visit you during the process.


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## twostep (Apr 3, 2008)

Sardonicus said:


> Edit: Having said all this, as twostep mentioned, the AoS process appears to allow ..."an eligible applicant to become a lawful permanent resident....without having to go abroad and apply for an immigrant visa"
> 
> Adjustment of status for permanent residence (immigration) in the US


You really do not get it, do you? AoS as married couple is playing Russian Roulette. You are lucky - all is fine and dandy. You are not lucky - you will spend your vacations in Japan.


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## twostep (Apr 3, 2008)

Sardonicus said:


> I don't know if it is an option but will ask my company if there is anything they can do for her, but they also have been completely unhelpful. I don't think that even if they were to assist that it wouldn't alter the time frames.




You have an offer and accepted the offer. The company did not even offer basic relo and you expect assistance with your personal business?


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## twostep (Apr 3, 2008)

Sardonicus said:


> Thanks Bev, Crawford, BBCW, twostep - I want to name you all because you've been very helpful and I really appreciate it.
> 
> I've been at this all day today.
> 
> ...


Relying on heresay is a very good way to deal with US immigration in 2016. It sounds like he filed DCF. You are not a legal resident of Japan.


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## BBCWatcher (Dec 28, 2012)

To recap:

1. File USCIS Form I-130 to get the process started to obtain an immigrant visa for your wife. You'll need to include G-1145, two G-325As (one for you, and one for your wife), and the filing fee. You mail the I-130 with attachments and fee to USCIS in Chicago. You don't need an attorney to do that, and I'm hard pressed to think of how an attorney would help, assuming you are capable of following high school level English instructions to fill out forms. SingPost registered airmail works. (Singapore does not have Direct Consular Filing.)

2. Your wife waits outside the United States wherever she has legal residence and/or wherever she has tourist visits. If that's Japan, then that's Japan. If that's the nation of Georgia (which routinely allows Japanese citizens to stay as tourists for up to 365 days), then that's Georgia. But outside the United States.

3. Although U.S. authorities advise against it (for reasons that'll become clear in this paragraph), she has the option to visit the United States as an ordinary tourist. Since she's a Japanese citizen she has ESTA visa waiver privileges, so she would obtain her ESTA travel permission (if she doesn't have it already) and visit the United States infrequently (at least less than half the time) for stays of no more than 90 days (or less depending on what U.S. CBP grants her). During each visit she must simultaneously not have immigration intent on that particular visit while having long-term immigration intent in the future, after her immigrant visa is approved. This is somewhat tricky but possible, and she'll probably be asked questions along these lines when she attempts to enter the United States. These questions might be difficult especially if her first language is not English. But if she feels comfortable answering such questions truthfully, and if she genuinely has these simultaneously different intents, then she can do it.

4. Your wife can/should start work now on fixing any gaps in her vaccination history. She'll need medical documentation proving she has received at least all the vaccinations listed in the CDC's adult immunization schedule.

5. Assuming USCIS approves the I-130, her file then moves to the National Visa Center. You'll need to submit additional documents at that point in time, including financial sponsorship information. (Hence your starting work in the U.S. is helpful, even essential.) You'll also need to pay another fee. She'll have a medical exam. She'll appear for an interview at a U.S. embassy or consulate (in Japan, presumably). If all that goes well, she'll have a visa (and sealed envelope, to keep sealed) in hand within a month or two after I-130 approval, and assuming there are no delays on her/your end. With visa in hand she can then emigrate to the United States.

6. As mentioned upthread, if you try to bypass any of these steps then there's a high risk of rejection -- and her more or less permanent residence in Japan, not in the United States. This is not a process to mess around with, in my view; this is serious business. Play it by the book or don't play.


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## twostep (Apr 3, 2008)

BBC - do you have a timeframe on police reports for Singapore?


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## BBCWatcher (Dec 28, 2012)

I don't, but Singapore tends to be efficient.


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## twostep (Apr 3, 2008)

BBCWatcher said:


> I don't, but Singapore tends to be efficient.


That is good news and will hopefully leave just Japan.


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## Sardonicus (Mar 23, 2015)

That write-up from BBCW should be framed, or Sticky-ed. Or both. 

Updates, after learning a lot in the last 2 weeks and that there is mountains more to learn:

Immigration section of US Embassy in Singapore is anything but helpful, more officious and unhelpful* 


Singapore Police require rationale for CoC (Certificate of Clearance) with the person named by the National Visa Center (as BBCW mentioned in #5 above) and this can only come after the i-130 and supporting docs have been filed and processed - so no way to do in Singapore, not even the fingerprints - this is a colossal waste and it's going to be more of a PITA and time-consuming outside SG


US Immigration lawyer in Japan** (been doing this since '86) knows of the issues with the Singapore Embassy (apparently is famous for this, or one person anyway) and recommends cutting them out of the equation (at the expense of not starting sooner)


US Immigration lawyer in Japan said ok for wife to go with me as a tourist, recommended it even, and to submit the i-130 and other docs once in the US, using her Japan address as her home address (as it will be effective by that time)


The above point with the caveat that the visit is strictly tourism with no intent of changing status, etc. and for us, for time together starting a family (fact)


Some benefits of having a US Immigration lawyer in Japan: translation of documents (doctor's reports, wedding registry, Japan Police Report/CoC, birth cert, probably others); English and Japanese pre-trip briefings on how to handle the Immigration interview questions when traveling back to the US on VWP*** such as 'this is not a visa-related trip', etc. - as per BBCW's excellent points in #3 above

It will be hard for the wife to do #4 from here, any records would be in Japan, and, as the timing for the medical check comes later, well after i-130 submission, as mentioned in BBCW's #5

I have a 3rd consultation call with the lawyer next week to agree whether or not to engage him, to have his staff brief the wife on the whole procedure in Japanese, etc. 


*non-immigration people at the Singapore US Embassy seem quite good

**a good friend used him and had good results

***also in line with BBCW's #3 above advice is to not stay the full 90 days, then leave for a week, then back for another 90 days, etc. but instead to stay less in the US and more in Japan, like 3 weeks/1 month between visits of 2 months or so


Lawyer advised all in all may take 9 months, with lots of margin for variation.


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## Sardonicus (Mar 23, 2015)

Long time no update.

Been in the States a while now. Wife came with me on ESTA.

US Immigration recommends to complete the forms below while she is here:
- i-130 (Petition for Alien Spouse)
- g-325a (Biographic details - spouse)
- g-325a (Biographic details - US Citizen)
- i-864 (Affidavit of Support)
- i-485 (Application for Permanent Residence or Adjust Status)

According to USCIS, the docs should get acknowledged in about a week, after that, she can stay in the US beyond the 90-day ESTA. She cannot work or travel outside the US except for an emergency and an approved I-131 (Application for Travel Document).

They estimate 6-12 months for the paperwork to be processed. 

From all I've heard and read about the risks of AOS, now I'm being recommended to do it.


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## Crawford (Jan 23, 2011)

I doubt whether US immigration is recommending that you do the AOS but they have advised you on how to do it.

As you say, you know the risks to doing AOS from the ESTA (intention and all that) so the forum would be very interested on how you get on.


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## davidambro (Jun 5, 2013)

*USA Spousal VISA*

Rant* I do not see how the process to obtain a US Spousal Visa is the same as it always was, as it appears to be much more complicated and difficult to obtain. I married a Filipina in 1979 while I was in the USN and compared to today things are much more complicated. Now there are two packets of forms to fill out before one even goes for a physical checkup and the DHS is involved as well. The DHS requires another packet of forms, the last 2 yrs income tax statements and a 4 page co-sponsor application. At the moment we are struggling to get the 2 yrs income taxes, though I paid my taxes I never filed for a refund; now I find I need to have these, my son is taking care of it and has been doing so since January. Also he is filling out the Co-Sponsor forms (which he says he doesn't understand and no one appears to be knowledgeable enough to assist him with them). Once we get these from my son they must be sent onward (we have a total of 12 months to do this and 9 of these have already been used up). 
I wrote our President to complain but only got one of his stale speeches in reply which basically stated that he trusted the DHS and that they were protecting the American people from terrorists. 

**back in 1979 I went thru 2 weeks of lectures/interviews regarding the impending marriage. Then I signed a bunch of papers that were handed to me. My wife went for a Physical at the Subic base. This took all of about 3 weeks to a month; and finally we went to the Embassy in Manila to hand in a one page application that was approved within one hour! I could have flown my new wife to the US with her new US Visa at that point. So no. I do not feel that this process hasn't basically changed. In fact it is much more difficult than I was expecting.

*** The US has just approved to allow 8800 Syrian refugees to come and live in the USA; these can be added to all the refugees this administration has allowed into our country over the past 8 yrs. None of these refugees has had to fill out tons of paper work or obtain a co-sponsor and I can only wonder what the DHS is doing to prevent any of the terrorists among these from entering the USA!


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## twostep (Apr 3, 2008)

Sardonicus ~ good luck!
I very much doubt that USCIS made a recommendation to go AoS but it is an option. Let's hope everything goes smooth.


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## twostep (Apr 3, 2008)

I cannot figure your post out.

You married a Philipina in 1979 and she got her Green Card in Manila?
Yiu married another Philipina and are working on her Green Card?

As far as your rant goes: 
It is 2016 not 1979. You forgot that actual Green Cards were handed out at port of entry and they did not expire.
US citizens are required by law to file tax returns.
Instructions for Affidavit of Support uscis.gov are very detailed. What do you and your son not understand?
How do you come up with a 12 months deadline? Six months from date of medical is the only CR1 deadline you cannot push forward.


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## Sardonicus (Mar 23, 2015)

Thanks all and to Crawford's point, it was indeed a recommendation. If I'm honest, I am quite uncomfortable with the AoS route but it is preferable and easier in many ways. 

I've decided to speak with yet another lawyer on it.


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## Sardonicus (Mar 23, 2015)

I need to backpedal that last post - it was less a recommendation than a "I don't see why it would be a problem" sentiment. So Crawford was more accurate. 

Meanwhile, life in the US has been pretty good and easy, though still very much temporary - temporary car, apartment, furniture - all part of the plan, which has been expensive, but it all worked out pretty efficiently. 

The area is nice, job ok, and there are other opportunities here should that not work out, and much easier now that I am in the same state.


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