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My wife and I currently live in Argentina but are planning on moving to the U.S. as soon as we are able. We were married in early 2009, legally here in Argentina and have a 2 year old baby boy. Our son has his citizenship papers and "U.S. citizen born abroad" birth certificate. I live here and work legally as a legal resident of Argentina with an "Argentina/U.S." company and my wife also has her U.S. travel visa and we have traveled to the U.S. to visit family twice.
We have recently begun the translation process of all of her papers and legal certficates and also the I-130 form that the U.S. embassy in Buenos Aires which says we must fill out and send off to Chicago along with $420 (gulp!)
Our issue is that they are telling us the approval process could take 6 months to 1 year. However, next May, our rental contract is up and we have to be out of here and on our way back to the US. If we are still not officially approved by next May, can we travel to the U.S. and finish her residency process from there? Has anyone else done this?
My wife and I have our eye on a few different career opportunities in the U.S., mainly for bilinguals and we don't to endanger our possibilites and follow the legal process and do this right.
I'm assuming you're a US citizen so yes, you and your family can return to the US and continue the GC process for her in the US, but she won't be allowed to work until she gets her GC.
Ok, yes I am a natural born US citizen, my son was born here so he has his UC citizenship born abroad. Also my wife has an Uncle living and working legally in the U.S.
The uncle makes no difference (wouldn't be able to sponsor your wife anyway). You're applying for a GC for your wife through marriage. Answer remains the same. You can move to the US and the only drawback is that your wife can't work until she gets her GC. Good luck!
Let's back up a little here, as the OP's wife could be headed for trouble if this isn't done right. I am assuming that the "travel visa" that she has is a B-2 visitor's visa. One of the criteria for entering on a visitor's visa is that she can show that she is not an "intending immigrant." With a US citizen husband and child, and with an I-130 underway, that is going to be a tough "sell." While she already has the visitor's visa, and thus doesn't need to convince the consulate, she will have to convince the CBP inspector upon entry that her intent is NOT to remain permanently on this entry.
First and foremost, she must not lie. She can lose any chance at ever entering the U.S. again if she's found to have attempted fraud, and lying about your intent or life situation is considered fraud.
That being said, she can enter the U.S. as a visitor as long as her intent is--and she can show her intent is--to return to Argentina to finish the visa process. Which means she must maintain a residence in Argentina (required anyway for entry on a visitor's visa) and convince the inspector she really, really means it. Her baggage will likely be searched for evidence of intent, so having the documents for consular processing in there might be helpful.
The burden will be on her to show her intent to return to Argentina. And if the inspector is not convinced, or misunderstands the law and thinks she must not have any intent to ever become a permanent resident, there is no appeal or review of the inspector's decision.
BTW, you may have heard about someone already married to a US citizen being able to get a K "fiance" visa, and that is indeed the case. But it takes as long as the green card process, and is thus a bad joke.
Yes, this is a totally messed up way to run an immigration system. But it's what it is.
Eric,
I'm not so sure that STT is correct. OP's wife cannot enter the US until she has her green card. Simply having an approved I-130 does not allow her to enter or stay here and neither does having a pending green card petition. If she wants to enter before her green card petition is approved she would need a different visa and I don't know what visa that would be. She could get a B visa maybe but with her intention to immigrate she may not qualify. If the OP's wife applies for her green card from Argentina she will likely have to stay there until her green card petition is approved.
The OP does have the option of getting a wife visa which would allow her to enter and stay in the US while her green card is pending. But if she if she already has an approved I-130 the wife visa would be denied. It may be faster to get a wife visa (K-3 visa) than a green card but it also may not be.
I can't think of a way that the OP's wife can start the green card process in Argentina and then come here to wait for it to finish. But if STT knows of a way please let me know. Maybe there are some other options.
Last edited by Lizita; 09-07-2014 at 05:53 PM..
Reason: removed some text
You can look up the current processing times for green cards and K-3 visas. Although it can take up to a year most cases are handled rather quickly now days. I would be surprised if you didn't have the green card by May. If it didn't come though wouldn't it be possible for your wife to rent a small apartment for a few months or stay in a cheap motel or with friends for a little while?
I have to agree with BigDGeek. There are many better immigration forums than this one. Immigration issues are very important and complicated and if you don't do it properly it can cost you.
K3 is obsolete plus it can be tricky.
CR1 is OP's way to go. It will take as long as it takes. His wife may have to make arrangements to stay in Argentina should her Green Card process not be finished by the time their current lease is up. She can travel to the US with her B2 and proof of binding ties which is an oxymoron but it is what it is. Generally it is not recommended. Yes, she may be questioned in secondary interview. No, she cannot wait out her CR1 in the US.
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