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  • Filing Petition Advice

    I have a few questions. I recently got married in December in the US but then returned back to my country. I have since traveled back to the US for 5 days and the intention is to continue to travel back on forth until I am legally able to move there. I am thinking once every month to see my husband. My first question is, can I be barred from entering the US because I have ties there? If we put in the paper work that would mean our names will now be in the system, will they use that to barr me from entering even though its obvious that I been traveling for 7 years and each time I return?

    I would also like to know what are my options, If I choose to do the consular process, how long do you think it will take, or what is usually the average wait time? Can I start out of country and then complete it in the states? Am I allowed to change the process like that?

    If I do eventually choose to visit my husband and stay over, what are my options? Am I allowed to apply for adjustment of status, I was reading about visa fraud, please advise.

    And lastly, on the form it ask is your spouse in the US, can we say yes, put in the information requested even though I will be returning back to my country? What are the impacts of doing it this way?

    Please help me with these questions.

  • #2
    Any time a foreigners seeks to enter the US, especially as a visitor, they can always be denied entry. It's up to the officer. Being married to someone living in the US increases the chance of being denied entry due to immigrant intent. It's all up to the immigration officer at entry.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      Any time a foreigners seeks to enter the US, especially as a visitor, they can always be denied entry. It's up to the officer. Being married to someone living in the US increases the chance of being denied entry due to immigrant intent. It's all up to the immigration officer at entry.
      You can have your USC spouse start petitioning for your I-130, go to the USCIS official website to download the form and instructions.
      INstead of worrying about you getting in and out of the u.s on a tourist visa, have a proper visa or a green card since you are actually asking for options, for me that would be a better option. if you're spouse is in the u.s and you are outside the u.s they will forward your application to a u.s embassy in your country and mostly it takes within 3-5 months at least but it could also be earlier and longer than that.

      USCIS official website offers a lot of helpful information.

      Goodluck!

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