Using Tourist Visa/ Visa Waiver Program and wait in US for I-130 approval?

[edna]

Hi,
I have 2 kids ( Japanese Nationals). I was there on my Tourist Visa B2 last December 2005 for two weeks and got married to my fiance (a US citizen) but did not file adjustment of status of my Visa and went back to Japan because I can't leave my 2 minor kids for a long time with my ex-sister in law and I was just on my Annual Leave at work. My husband will be able to submit this month the I-130 petition for me, and separate I-130 petition for my kids ( his stepchildren) to USCIS. But thinking about the processing dates posted at California, as of 9 March 2006, USCIS is now processing the I-130 (US Citizen filing for spouse/children) petition submitted last August 2005....seems to be a long waiting time for me to join and live with my husband if I wait here for consular processing. I am thinking also of putting in for K3/K4 after he gets the Notice of receipt of the I-130 petition but i guess the processing length of time is like the same. Can I just go to US on my tourist Visa again and then adjust my status and wait there for the approval of the petition but this time I am bringing my kids under Visa Waiver Program.then adjust status when we get there?...Can they be able to go to school while waiting for the approval of the adjustment, hope they can enroll this August? Can I go in and out of US after filing for adjustment to settle my properties?

[Jthomasnc]

.

[edna]

Thanks joshsnc2000

I have a similar situation and haven't been able to get any clear answers. At first glance it seems like this is something one should be able to do however when you call the USCIS or Border Agency you get a very stern answer as to how things should be. In talking with different Latin folks that I know they act like doing that is no problem but as I look closer I see alot of risk involved. My Fiance and I are currently trying to figure out what to do as it relates to this exact situation. Where to marry, here or there, how to bring she and her son into the country and getting him in school. Myself I am getting frustrated because nobody seems to know anything in regards to this topic. The answers I have received have been very objective.

Thanks joshsnc2000, I have read all the replies you got on the questions you had posted on this site. I was to decide to just go ahead join my husband this summer, not wait for the approval of I-130 for consular interview and just go on my Tourist Visa, I was ready to quit my job here ( I have a good job though), sell my properties, thinking that we will be alright for some time, even if I will not work for months. But then, I am getting scared now about the work permit, I have my 2 kids who will be living with us, my husband has 3 sons whom he is giving child support to , and with this situation, I think am gonna get crazy not getting a job for years, if I have to wait for years to be current for the processing dates (I-130), and get the work permit approved....Not only that, my most concern is my kids (Japanese- can't speak/undertand English at all) to be able to go to school at once, will be on Visa Waiver Program (only 3 months-stay allowed), and I think people under VWP are not allowed to adjust status. But I need to go to US real soon, my husband already moved from his studio-type apartment and got a bigger place (a house) rented for us....
Anybody who knows how I can get earlier to US without Immigration problems?

[Jthomasnc]

..

[taco]

To Edna

Joshsnc2000 is correct. Since you are already married to a US citizen,
you should not enter on a B1/B2 to change to immigrant status.
The officer at entry airport will ask you the purpose of visit;
if you tell him the truth that you are married to a US citizen and will
adjust to immigrant status after entry ; he will stop you and send you back
to Japan.
If you lie to him for the purpose of your visit, this will come up when you are interviewed for your immigrant visa and may create serious problems for
you.
The best thing to do is to wait for your immigrant visa in Japan even if
it means waiting a few months.

[edna]

thanks

Joshsnc2000 is correct. Since you are already married to a US citizen,
you should not enter on a B1/B2 to change to immigrant status.
The officer at entry airport will ask you the purpose of visit;
if you tell him the truth that you are married to a US citizen and will
adjust to immigrant status after entry ; he will stop you and send you back
to Japan.
If you lie to him for the purpose of your visit, this will come up when you are interviewed for your immigrant visa and may create serious problems for
you.
The best thing to do is to wait for your immigrant visa in Japan even if
it means waiting a few months.

I understand that I have to do this right and safe so its better to wait. i still have to visit him on my Tourist visa, newly-wed, I don't want him feel alone. Next question: On entry, I will be ask on my purpose of visit. Can i tell them that i am visiting my husband or better not. Another question : You said that if I lie to the Officer at entry airport for the purpose of my visit ,this will come up when i am interviewd for my Immigration Visa. Now that I am married, and once my K/3 or I-130 gets approved at USCIS, will I have a big problem of denial at the Consular interview about my last my travel on my B2 Visa ,gotmarried to my husband? I stayed only for 11 days.....and did not overstayed, but will they hit me for my intention of getting married by B2 Visa and not by K1 (fiance) for marriage?.......thanks ......waiting for advice

[chapus]

I understand that I have to do this right and safe so its better to wait. i still have to visit him on my Tourist visa, newly-wed, I don't want him feel alone. Next question: On entry, I will be ask on my purpose of visit. Can i tell them that i am visiting my husband or better not. Another question : You said that if I lie to the Officer at entry airport for the purpose of my visit ,this will come up when i am interviewd for my Immigration Visa. Now that I am married, and once my K/3 or I-130 gets approved at USCIS, will I have a big problem of denial at the Consular interview about my last my travel on my B2 Visa ,gotmarried to my husband? I stayed only for 11 days.....and did not overstayed, but will they hit me for my intention of getting married by B2 Visa and not by K1 (fiance) for marriage?.......thanks ......waiting for advice

here's what you can do.. go to tijuana, mexico and enter the US with your tourist visa. they will not make you questions and if they do, they dont document them. its not like when you enter from canada and they take pictures from you, unless you're requesting an i-94.
thousands of people cross the mexico border daily, they really dont pay attention to the visas, just say you're going shopping to chula vista or san ysidro and thats it. then you can go and meet with your husband and file for adjustment of status.

if you enter on foot, they will swap your visa and the record will be on file, if you enter on a car, tipically they just look at it and let you in