Can my spouse travel to US to visit while i-130 visa is processing?

[Dean G]

Same situation

Good day, I am also from u.k. I just want to ask how far am i in my process? I have submitted my IV package and AOS documents, and paid for them both. I got a receipt saying they received my doceuments 14 march 2016; how long do you think until my medical or interview?

Hey,

I'm from the UK and currently going through the same process as you guys. My wife is a US citizen and I have been to visit a couple of times on the visa waiver just for a couple of weeks here and there. I didn't have any trouble getting into the States, the boarder control did ask all about my intentions and I was upfront and honest, obviously I had a ticket to go home so they let me in.

Our I-130 was sent at the end of march and didn't get approved until beginning of July. So, more than 90 days. I wouldn't advise him to leave everything in the UK for a 90 day tourist visa because it will take longer than that before he gets to the interview stage. So he would have to leave the US before the 90 day visa runs out, issue would then be getting back into the States again. I would imagine they will cotton on to it and eventually deny him access, which obviously won't be good in the long run. Also, you can only legally over stay a visa if you plan to adjust status which if he is in England you won't be able to do. So, over staying a tourist visa would only make him an illegal alien and liable for permanent dismissal.

I think a visit will be ok but in my opinion its too risky to stay for 90 days at a time.

P.s I'M NOT AN IMMIGRATION LAWYER. Just another poor sole who wants to be with his wife
(Ray B is a good contact for advice)

James

[Jeny J. Vázquez]

Just a thought....

Have any of you looked into the K-3 visa?
Also, be aware that if you don't fulfill the requirements to prove you won't be a public charge, you can get someone who will sponsor you "financially", so to speak.

[daggit]

Have any of you looked into the K-3 visa?

K-3 is obsolete for all practical purposes. It is rarely granted these days as a result of efficiency with the IR\CR1 process.

[Jordi Serrato]

Consular processing

Almost the same situation here... I am a US citizen currently living in Mexico. I am planning to move back to the US with my wife and son (me and my wife have already a job offer). I am intending to file I-130 and I-485 concurrently via Consular Processing. We intend to arrive on late July (that is in 2 - 3 months). Are they available to travel to the US while this forms are currently processing?
Do you recommend to do it via Adjustment of Status instead?

[Rachael Schilling]

Question about similar situation

In the next couple of weeks I will receive my interview and be able to join my husband in the USA, however because of miss information in the beginning of the process my 8year old who I have full and complete custody of, has had her i130 caught behind in processing, therefor she may not be ready for interview for a few months yet, so I am wondering if I could put her on a tourist visa to bring her accross with me to the USA to join my husband and returning with her to Australia when it is time for her interview to be done.
We have been apart from my husband 11 months now because of this process and we just want our family back together.

[rayb]

It's not likely that your child can get a visitor visa, as all evidence suggests that she will eventually go to the U.S. as an immigrant to join her mother.

Exactly where is the child's paperwork right now?

1. Does she have a passport?
2. Has her petition been approved?
3. Is her paperwork at the NVC?

Depending on the current status of her paperwork, it might make more sense for you to remain in Australia until your child has her visa, as you have up six months after your visa is issued to use it.

--Ray B

In the next couple of weeks I will receive my interview and be able to join my husband in the USA, however because of miss information in the beginning of the process my 8year old who I have full and complete custody of, has had her i130 caught behind in processing, therefor she may not be ready for interview for a few months yet, so I am wondering if I could put her on a tourist visa to bring her accross with me to the USA to join my husband and returning with her to Australia when it is time for her interview to be done.
We have been apart from my husband 11 months now because of this process and we just want our family back together.

[mesireyerlisi]

hello, i am from turkey, my husband is a us citizen and we got married in usa when i last visitied him with my tourist visa last year. my husband is working in the military and one month after we got married he was deployed to the middle east and he is still in there and i came back to turkey. we started our I130 process, now our case is in nvc, i filled the ds260 form (not completed yet) and we are still waiting for financial documents of my husband but since he is in the middle east he is having troubles to get the forms. he is communicating with the tax department to recieve them so he can send them to visa department and they can schedule an interview for me in turkey. by the way my husband is returning to usa in october and i will fly to see him with my tourist visa. i have a few questions. first. if the tax people send the forms to my baby tomorrow how long it takes to schedule an interview in turkey. my second question: lets say they couldn't schedule the interview till october can i have my interview in united states. i will be very happy if someone informs me.
thank you

[rayb]

You cannot have your interview in the U.S. unless you come here and submit a copy of the approved I-130 and an Adjustment of Status package with fee of $1,070, along with the immigrant medical exam report from a USCIS-listed doctor.

--Ray B

hello, i am from turkey, my husband is a us citizen and we got married in usa when i last visitied him with my tourist visa last year. my husband is working in the military and one month after we got married he was deployed to the middle east and he is still in there and i came back to turkey. we started our I130 process, now our case is in nvc, i filled the ds260 form (not completed yet) and we are still waiting for financial documents of my husband but since he is in the middle east he is having troubles to get the forms. he is communicating with the tax department to recieve them so he can send them to visa department and they can schedule an interview for me in turkey. by the way my husband is returning to usa in october and i will fly to see him with my tourist visa. i have a few questions. first. if the tax people send the forms to my baby tomorrow how long it takes to schedule an interview in turkey. my second question: lets say they couldn't schedule the interview till october can i have my interview in united states. i will be very happy if someone informs me.
thank you

[mesireyerlisi]

You cannot have your interview in the U.S. unless you come here and submit a copy of the approved I-130 and an Adjustment of Status package with fee of $1,070, along with the immigrant medical exam report from a USCIS-listed doctor.

--Ray B

thank you very much. i hope i can finish the process before i leave. still i am relieved that we can finish it over there. again thank you very much.

[DavidNam811]

Visit difficulties with pending i-130

Hello!

I am new to this forum and in a similar situation as previous posters. My wife (a non-U.S. citizen) and I (naturalized U.S. citizen) sent in our i-130 application to USCIS last month. She would like to come to the States to visit my family and me in October. The last time my wife came, she had to go through a second screening at customs because she had come to visit three times before that (note: we were not married then). Therefore, she is a bit worried about having to go through the same kind of screening and worst case scenario, being refused entry (due to our pending i-130).

From what I know so far, if my wife presents evidence showing she is visiting for a short time (round trip flight ticket, evidence of finances for her stay, etc.), then she will have a better chance of being permitted entry. Is this correct? Are there specific documents she should present?

Thank you in advance for your help!

David T.

[mesireyerlisi]

You cannot have your interview in the U.S. unless you come here and submit a copy of the approved I-130 and an Adjustment of Status package with fee of $1,070, along with the immigrant medical exam report from a USCIS-listed doctor.

--Ray B

Hello again,
Nvc recieved our documents in august 15. Does anyone know when they can schedule my interview? or do i have problems when i visit my husband with my existing tourist visa?

[rayb]

After all the NVC requirements (fees, sponsorship and document submittal) have been met, the NVC will send you an interview notice to be conducted in your country

If you enter the U.S. on a visitor visa without expressing any intent to remain here to apply for your Green Card, then decide to submit the Adjustment of Status package, you can subsequently be interviewed here without leaving the U.S.

--Ray B

Hello again,
Nvc recieved our documents in august 15. Does anyone know when they can schedule my interview? or do i have problems when i visit my husband with my existing tourist visa?

[elviraes]

I-130 filing and residence permit for a spouse of a green card holder

Hi everyone, my husband and I are currently trying to figure out the best way to approach I-130 filing and all the subsequent steps and would really appreciate any advice from those who have already dealt with similar issues.

My husband is a green card holder, I am a non-resident currently holding a regular B1/B2 visa (which expires in 1.5 years). Now we both live in Russia, my husband has recently obtained a re-entry permit for 2 years, but it is likely that he will have to move back to the US earlier, in about 10 months from now. Our understanding is that the earlier he files the form I-130 for me - the better, however, a couple of issues are not quite clear for us yet:

- if my husband files the form I-130 for me now, would it cause any difficulties for me if I want to visit him as a tourist (when he moves back to the US in 10 months) or when I'm going to be re-applying for a regular B1/B2 visa when my current one expires? We are just not sure how long it is going to take until the I-130 approval is granted...

- if I am in the US as a tourist/visitor when my husband's petition gets approved, do I have to leave the US and apply for the residence permit through consular processing, or would it be possible for me to file the form I-485 in the US and stay in the US throughout the application process? The USCIS website says that "an eligible person, who is already in the United States, can apply for permanent resident status without having to return to his/her home country to complete processing" - would a tourist/a visitor be considered such an eligible person?

- would a pending I-130 petition cause any difficulties if in the meantime the company I work for in Russia decides to relocate me to the US, so I would have to file an employment-based application for the US residence permit?

Thanks a lot for your help!

Elvira

[joeterp]

My Wife has a 10 year Visitor Visa, and she came in June and we got married in the US. We are still processing at NVC right now, but we are missing each other a lot right now and because of work, I cannot travel until January. I am very worried and would be completely devastated if she was denied access if she tried to fly to the US. I have seen all of the things that people can do to try and convince the officer that they plan on only staying temporarily (round trip ticket, proof of a working contract to return to), but to me this system seems crazy. How is there not a way to ensure you will have entry before you go ahead and book a plane ticket and fly all the way to the US? Seems like far too much power of your life is left in that officer's hands and his decision is arbitrary.

[Greg Warden]

Hey guys I need some help I'm currently living in Australia and I have lodged my I130 from here and am waiting the approval. If I receive the approval can I then go to America on a tourist visa B2 and while I'm there lodge an adjustment of status with my approved I130 and finish the process in the U.S. Any help would be great