# Applying for Green Card overseas vs. in the US



## juliamm (May 25, 2015)

Hello,

Just a quick question about filing for a Green Card in the US vs. overseas.

My husband (Spanish) and I filed for consular processing back in January, as we didn’t understand how long it would inevitably take. We are now more than 8 months in and are just going through the Affidavits of Support yet the NVC finds errors because of the complexity of my parents being sponsors. This will delay our application another 6 weeks, which will set back our interview another month and probably the whole process could take another 3 months or more in total.

My question is, can we simply move to the US and do it all from there? We understand we would lose the fees that have already been paid but we want to leave Spain as soon as possible. Also, though he wouldn’t be able to work for the months that he is waiting for his Green Card in the US, we have been told that it only takes 3 months to process. That is probably more guaranteed than staying here and meanwhile I could work.

So, is this legal? Can he come as a tourist and restart the process? Will they require he go back to Spain to interview or will this cause too many problems?

Thank you so much!

Julia


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## twostep (Apr 3, 2008)

Spain does not offer Direct Consular Filing. Please see your other thread. Current regular processing times are 12-15 months. 
Co-sponsors are nothing unusual. What counts is the very bottom line on your tax return - assets and income. There is nothing complex but occasionally the road leading there.
Adjustment of Status is a possibility under very specific circumstances. It either opens or closes the door. There is no set processing time. It is an election year which will probably delay everything. We have a recent poster who says he was advised to go AoS and he seems hesitant. You may be confusing CR1 with K1.
Were AoS for married couples an easy avenue with a three months processing time in the US - why is everyone following K1 or CR1 or DCF?


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## Bellthorpe (Jun 23, 2013)

I'm nit disagreeing with you - just curious. Why would an election year slow down the wheels of functions such as this? I'm sure a driving license wouldn't take longer. This is a bigger deal, but no elected officials are involved.


Sent from my iPhone using Tapatalk


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## Crawford (Jan 23, 2011)

Entering the US as a visitor with the intention of changing status and remaining is illegal.
You are effectively fraudulently using the VWP program to circumscribe the immigration process whereby you apply for the visa before entering the country.

Having said that some folks have got away with it. _Spontaneously_ marrying for instance and applying for adjustment to remain with new spouse etc etc.

If the immigration authorities believe that when you entered the US you had the intent to remain and therefore refuse your application, you have no recourse for appeal - you also have a refused visa against your record.


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## twostep (Apr 3, 2008)

Bellthorpe said:


> I'm nit disagreeing with you - just curious. Why would an election year slow down the wheels of functions such as this? I'm sure a driving license wouldn't take longer. This is a bigger deal, but no elected officials are involved.
> 
> 
> Sent from my iPhone using Tapatalk


Look at historical numbers not to mention the recent oops.


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## juliamm (May 25, 2015)

twostep said:


> Spain does not offer Direct Consular Filing. Please see your other thread. Current regular processing times are 12-15 months.
> Co-sponsors are nothing unusual. What counts is the very bottom line on your tax return - assets and income. There is nothing complex but occasionally the road leading there.
> Adjustment of Status is a possibility under very specific circumstances. It either opens or closes the door. There is no set processing time. It is an election year which will probably delay everything. We have a recent poster who says he was advised to go AoS and he seems hesitant. You may be confusing CR1 with K1.
> Were AoS for married couples an easy avenue with a three months processing time in the US - why is everyone following K1 or CR1 or DCF?


Sorry I used the wrong jargon here... We filed to the Chicago Lockbox and yes, I know that Spain does not have their own 'system' for processing Green Cards so we have to go through Chicago.

With the co-sponsors, the problem is not the bottom line on the tax return. The income portion is fine. The problems we are having are with checkboxes being incorrect apparently, though no one at the NVC can answer any questions. My parents are sponsoring, I am the petitioner and my husband is the principle immigrant. The problem is quite complicated to explain but it basically comes down to someone misreading the relationship between my parents, I and my husband and who is the main sponsor, co-sponsor, etc.

I understand why it wouldn't make sense for it to be an easy avenue because there are the other visas. Those exist also for people who are unable to come to the US otherwise (Latin Americans, Africans, etc.) but as a Spaniard it is very easy for him to travel as a tourist to the US. We were married in the US as well and I know of friends who have done the AoS but right after they were married in the US. We moved right after we were married in the US and now are moving back and only went through the Chicago Lockbox because we thought we wouldn't have to waste any time (i.e. he could work as soon as we land). 

The process seems to have no end in sight so that is why I am curious if it is legal to move and just do it over again. I will look up AoS specifications.


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## twostep (Apr 3, 2008)

juliamm said:


> Sorry I used the wrong jargon here... We filed to the Chicago Lockbox and yes, I know that Spain does not have their own 'system' for processing Green Cards so we have to go through Chicago.
> 
> With the co-sponsors, the problem is not the bottom line on the tax return. The income portion is fine. The problems we are having are with checkboxes being incorrect apparently, though no one at the NVC can answer any questions. My parents are sponsoring, I am the petitioner and my husband is the principle immigrant. The problem is quite complicated to explain but it basically comes down to someone misreading the relationship between my parents, I and my husband and who is the main sponsor, co-sponsor, etc.
> 
> ...


AoS after marriage in the US is part of K1.
Relationships are identified in detail on Affidavit of Support.
Go ahead and read up on AoS specifications. Please keep us posted.


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## juliamm (May 25, 2015)

Thank you all for your help with this!

Okay so it looks a bit confusing... who knew!? 

At the bottom of this link below is a section that says "Ineligibility to Adjust Status if..." 

"You were admitted to the United States as a visitor under the Visa Waiver Program unless you are applying because you are an immediate relative of a U.S. citizen (parent, spouse, widow, widower, or unmarried child under 21 years of age)"

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

So, in this case he is an immediate relative and looks like he could adjust status even while entering the US as a tourist. However, to adjust the status, the I-485 form is $1,070 and we've already paid around $1,000 in fees which would be lost, plus any customs agent could turn him away at the airport.

Maybe it's all too risky and costly to try and bypass the process that we're already in.

To anyone reading and curious, ALWAYS file for your green card in the US right after marriage. Do not wait or do it in another country because the wait time and red-tape is even more painful.


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## Crawford (Jan 23, 2011)

Please read the following website regarding extending your stay in the US issued by the US Immigration authorities:

https://www.uscis.gov/visit-united-states/extend-your-stay

As you will read one of the categories whereby you may not extend your stay is the Visa Waiver program.

As previously mentioned, while there are some special circumstances whereby one can extend your stay i.e spontaneous marriage, life changer etc, entering the US on the VWP _with the intention of remaining_ is frowned upon. You obviously have the intent.

However if you wish to take the chance then good luck to you.


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## Davis1 (Feb 20, 2009)

Please do the whole procedure properly
if you are in the US .. you should file for the Spousal visa 

or be prepared for many tears 

SPOUSAL VISA
https://travel.state.gov/content/visas/en/immigrate/family/immediate-relative.html


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## twostep (Apr 3, 2008)

juliamm said:


> Thank you all for your help with this!
> 
> Okay so it looks a bit confusing... who knew!?
> 
> ...



A) This is a commercial site.
B) Reading only what you want to see does not change anything - approved family based immigrant visa petition or filing it concurrently, whenever possible.
C) US Customs is not involved in immigration.
D) Applying for a Green Card while in the US requires AoS which is tied to very specific circumstances such as K1, non- US party visa holder eligible for AoS and occasionally spontaneous marriage. I have know some AoS going over 12 months which means no employment and leaving the US only with approval Parole papers.

There is no "we want to get there asap and want to work asap" visa. As everyone here keeps stressing - fill out your paper work correctly, have your attachments/documentation in order, be prepared for medical and have updated vaccinations.


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## twostep (Apr 3, 2008)

Crawford said:


> Please read the following website regarding extending your stay in the US issued by the US Immigration authorities:
> 
> https://www.uscis.gov/visit-united-states/extend-your-stay
> 
> ...


What is considered a "life changer"? I am not familiar with that term. Thank you.


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## Crawford (Jan 23, 2011)

I was thinking of an event which would go some way to proving that one did not have the intent of remaining when entering the US on the VWP.


- Getting married _spontaneously_ would be a life changing event; 
- entering the US on VWP with US citizen spouse with the intent of just visiting and then US citizen's parent is taken seriously ill/dies so US citizen decides not to leave and they go for AOS for UK citizen
- under 21 child enters US to visit US based parent, decides to go to school in US, and decides to remain.
- parent visits US citizen child. Child says they are expecting and parent decides to remain and file for AOS.

Silly examples I know........ The getting married (spontaneously) one definitely works.


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## twostep (Apr 3, 2008)

Crawford said:


> I was thinking of an event which would go some way to proving that one did not have the intent of remaining when entering the US on the VWP.
> 
> 
> - Getting married _spontaneously_ would be a life changing event;
> ...


The only option of AoS when entering via ESTA is spontaneous marriage. Often it works. When it does not it is a big mess.

Pregnancy, illness, education are no factors. You can adjust B1/B2 to F1 but very few schools are that adventurous.


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## Crawford (Jan 23, 2011)

twostep said:


> The only option of AoS when entering via ESTA is spontaneous marriage. Often it works. When it does not it is a big mess.
> 
> Pregnancy, illness, education are no factors. You can adjust B1/B2 to F1 but very few schools are that adventurous.


..... and as we know not all spontaneous marriages are genuinely spontaneous.

On another forum a poster has just sent details of his successful AOS based on "spontaneous" marriage to US citizen. 

His original thread started off with asking about the AOS process, when he would get his EAD, SS card etc as he had every intention of entering on the VWP, getting married and remaining. The process took him 7 months from filing the documentation. He's really pleased with himself :frown:


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