help with a few answers

[klea]

hello.
i have few questions and i hope you will be able to help me.
my husband is U.S. citizen. he came in my country, few months later we got married and he lived here for a year. my husband went to U.S. because some legal matter and he should stay there for a wile. our only problem is that we don't want to be apart so next logical move would be me going there. since i have tourist visa (3 year old/valid 5 years), my questions are:
1. can i enter U.S. with purpose to visit my husband, with return ticket; even if we are not sure, at the moment, will we stay there or come back to my country. (will my honest answer 'i am going to visit, be with my husband and decide do i want to live there' make them reject my entering in U.S.)
2. how long i can plan to stay (i have to know because i need date for my return ticket)
3. will my entering on tourist visa cause problems if we decide to stay there and file application for green card
4. if 3rd answer is 'yes' is there a way to enter on tourist visa, apply for a green card from there but through U.S. embassy in my country and get back in my country when they make appointment for interview

i know its full of 'maybe' here but at this point i don't know do we/i want to live there or in my country but we want to know our options.

thank you in advance for your answers.

[daru786]

hello.
i have few questions and i hope you will be able to help me.
my husband is U.S. citizen. he came in my country, few months later we got married and he lived here for a year. my husband went to U.S. because some legal matter and he should stay there for a wile. our only problem is that we don't want to be apart so next logical move would be me going there. since i have tourist visa (3 year old/valid 5 years), my questions are:
1. can i enter U.S. with purpose to visit my husband, with return ticket; even if we are not sure, at the moment, will we stay there or come back to my country. (will my honest answer 'i am going to visit, be with my husband and decide do i want to live there' make them reject my entering in U.S.)
2. how long i can plan to stay (i have to know because i need date for my return ticket)
3. will my entering on tourist visa cause problems if we decide to stay there and file application for green card
4. if 3rd answer is 'yes' is there a way to enter on tourist visa, apply for a green card from there but through U.S. embassy in my country and get back in my country when they make appointment for interview

i know its full of 'maybe' here but at this point i don't know do we/i want to live there or in my country but we want to know our options.

thank you in advance for your answers.

Your entry to US on a tourist visa may be denied as you would be an intending immigrant. Best thing to do is to ask your husband to file an I-130 for you. From start to finish, it should take about four months. You both must make up your mind to decide where you would be living as one of the requirements of green card would be that you plan to live in US.

[klea]

Your entry to US on a tourist visa may be denied as you would be an intending immigrant. Best thing to do is to ask your husband to file an I-130 for you. From start to finish, it should take about four months. You both must make up your mind to decide where you would be living as one of the requirements of green card would be that you plan to live in US.

ty for your answer.
four months is not long time but reading on other sites seamed that processing takes much longer (even years). are you sure that is the case?

[daru786]

ty for your answer.
four months is not long time but reading on other sites seamed that processing takes much longer (even years). are you sure that is the case?

Yes. Check the visa bulletin and you will have an idea.........

[Vane]

1. can i enter U.S. with purpose to visit my husband, with return ticket; even if we are not sure, at the moment, will we stay there or come back to my country. (will my honest answer 'i am going to visit, be with my husband and decide do i want to live there' make them reject my entering in U.S.)

You dont have to say that you want to stay because they can send you back. You have a tourist visa not an inmigrant visa, so you can not say that at all.

At the airport. Once they know you are married to an American, they will ask you many questions and check all your suitcases. Same thing happened to me.

2. how long i can plan to stay (i have to know because i need date for my return ticket)
I traveled in April and they let me stay for 6 months. I dont know if it is the same for everybody.

3. will my entering on tourist visa cause problems if we decide to stay there and file application for green card
No, you will not have any problem but at the interview, you will have to say that you did not know you were going to stay.
When you get to the US, your husband has to file the form I-130, G-325A with the I-485 together, as soon as possible.
You will need some documents from your country:
Birth certificate
Marriage certificate
Devorce decree (if you were married before)
Police report
All the documents need to be translated into English

4. if 3rd answer is 'yes' is there a way to enter on tourist visa, apply for a green card from there but through U.S. embassy in my country and get back in my country when they make appointment for interview.
There is a way to do it from your country. Your husband in the US file the form I-130 and you wait in your country. If everything is ok, they will send the info to the NVC and then, to your country. You have to wait for 6 months.
I thinks this is the best way to do it, if you dont want to lie at the airport.

You can read more about all this process here: http://travel.state.gov/visa/immigra...ypes_2991.html if you want to get a visa for spouse through the US Embassy in your country.

[BigJoe5]

one more option

Your husband can file an I-130 and as soon as he gets the receipt notice he can file an I-129F for a K-3 spouse visa (there is no additional fee for the I-129F). Then you can get a nonimmigrant visa, come early and when the I-130 is approved, file an I-485 for adjustment in the U.S.

[klea]

Your husband can file an I-130 and as soon as he gets the receipt notice he can file an I-129F for a K-3 spouse visa (there is no additional fee for the I-129F). Then you can get a nonimmigrant visa, come early and when the I-130 is approved, file an I-485 for adjustment in the U.S.

well that would be ok... just one more question, when i go on interview for K-3, and on border when they ask me all that questions, will my intention of adjusting status later (and intention of staying in U.S.), be a problem?

[BigJoe5]

You need to read about the K-3 visa. The purpose of the visa is to allow a spouse of a USC to enter early and wait for the I-130 to be adjudicated so that they can file for adjustment.