Visa for married person with child

#1
Hey there,

I am married to a US citizen and parent of child which is a US citizen.

I have Macedonian citizenchip and would like to get the papers done to stay with child and husband in the US permanently.

How do I apply? Can I do the paperwork here in the US while on a visitors visa or do I have to fly back to Macedonia and apply at the local US embasssy?

Is this a J or K visa? Or both?

Thanks!
 

1AurCitizen

Registered Users (C)
#2
You don't do anything at first.. the US Citizen hubby has to file the I130 petition for you. Once the petition is approved several months later, and fees paid, you would fill out the ds260 immigrant visa application and interview in skopje. You should leave the US at the end of the i94 authorized visit.

Where are you currently?
 

SusieQQQ

Well-Known Member
#3
Also it’s neither a J nor a K visa. Depending on how long you have been married to your husband when you get the visa, it will be either CR1 or IR1.
 

Sm1smom

Super Moderator
#4
Hey there,

I am married to a US citizen and parent of child which is a US citizen.

I have Macedonian citizenchip and would like to get the papers done to stay with child and husband in the US permanently.

How do I apply? Can I do the paperwork here in the US while on a visitors visa or do I have to fly back to Macedonia and apply at the local US embasssy?

Is this a J or K visa? Or both?

Thanks!
Are you currently in the US visiting with your husband or you’re still in Macedonia at the moment?
 

newacct

Well-Known Member
#6
I am currently in the US, so it would be great to do everything here without going back to Europe... is this realistic?
If you're in the US, you should apply for Adjustment of Status in the US. I-130 and I-485 should be filed together. We also recommend filing I-765 for EAD and I-131 for AP together as well. Each form has many supporting forms and documents; read the instructions to figure out what is needed. Do not leave the US until you have gotten an AP or green card.
 

1AurCitizen

Registered Users (C)
#7
I am currently in the US, so it would be great to do everything here without going back to Europe... is this realistic?
Most Americans frown upon foreign visitors overstaying the i94 when visiting on a B2. Ideally you should leave the US prior to i94 expiration, and continue with the CR/IR-1 immigrant visa process in your home country; after all, you should have originally arrived in the US with a return ticket. That IS the most legal way!! You not returning makes it that much harder for future Macedonians to get a tourist visa to genuinely visit the US.

That being said, overstay is forgiven for the spouse of a US Citizen when AOSing.
 

SusieQQQ

Well-Known Member
#8
If you're in the US, you should apply for Adjustment of Status in the US. I-130 and I-485 should be filed together. We also recommend filing I-765 for EAD and I-131 for AP together as well. Each form has many supporting forms and documents; read the instructions to figure out what is needed. Do not leave the US until you have gotten an AP or green card.
OP should be aware that it’s being reported taking up to 6 months to get EAD (work authorization)/AP at present, so staying and adjusting is only an option if you don’t need to leave the US at all for at least half a year, and if you don’t need or want to work for that same period of time.
 
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