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wife in the USA on visitor visa, next step I-130 help needed (Q. c-14)

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So my wife just got into the states with me, super happy about that. She is on a visitor visa for the next 6 months, but we only plan to stay a total of 5. We came to be able to take care of my cancer stricken mother for the next few months, and to save up some money for a honey moon for the next year (6 months in mexico). She is from Argentina and we figured we could spend a few months here in the USA and then wait it out in mexico until her visa for immigration comes through in the about a year wait we are looking forward to.

In the I-130 it asks is your relative has been to the US, which is a yes, and then its asks in 14 for me to put that she her as a visitor, and then asks for the arrival/departure record (I-94). I am really unsure what this even is. What is this? where would I find it?

I plan to send these papers off asap, but Someone recently told me that while she is her on a visitor visa, if I start her immigration process they will deny her entry and she will be banned for 10 years. This freaked me out and I would like to know what to do, if this is true, or what I should do to take prcautions.

We wont be staying her illegally. She told the POE that she would be here until the end of janurary, and that is what will be happening. Then we just wait it out in mexico until we travel back to argentina for her interview.

If anyone has a better idea of what to do, or can give me some options I have, please do!!! Thanks in advance.

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Filed: K-3 Visa Country: Thailand
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So my wife just got into the states with me, super happy about that. She is on a visitor visa for the next 6 months, but we only plan to stay a total of 5. We came to be able to take care of my cancer stricken mother for the next few months, and to save up some money for a honey moon for the next year (6 months in mexico). She is from Argentina and we figured we could spend a few months here in the USA and then wait it out in mexico until her visa for immigration comes through in the about a year wait we are looking forward to.

In the I-130 it asks is your relative has been to the US, which is a yes, and then its asks in 14 for me to put that she her as a visitor, and then asks for the arrival/departure record (I-94). I am really unsure what this even is. What is this? where would I find it?

I plan to send these papers off asap, but Someone recently told me that while she is her on a visitor visa, if I start her immigration process they will deny her entry and she will be banned for 10 years. This freaked me out and I would like to know what to do, if this is true, or what I should do to take prcautions.

We wont be staying her illegally. She told the POE that she would be here until the end of janurary, and that is what will be happening. Then we just wait it out in mexico until we travel back to argentina for her interview.

If anyone has a better idea of what to do, or can give me some options I have, please do!!! Thanks in advance.

Before you go too far stop until you are better informed. Remove " Someone " from your adviser list because they are totally incorrect.

Find at the top of this page the forums area. Click on that then scroll down until you find Adjustment of status from tourist visas section. Study that closely and you will change your thinking and planning. You will realize I think that you have found a " better idea " yourself simply by finding V J where you can obtain correct useful info.

Once you have done that you can come back to VJ to ask any questions you have.

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Filed: Citizen (apr) Country: Italy
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Whoever told you that is wrong... She can visit while the CR1 is processing and she is already here so she is just fine... As long as she does not overstay her visa (the date stamped as admitted till ) no ban or anything else... You are good to go for your plan, just keep in mind she will need to be back in her country for interviews and such... For the 94, they have an electronic system now that I am to familiar with but someone will come along and clarify on how to check that .. Goodluck

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

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Filed: K-3 Visa Country: Thailand
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Whoever told you that is wrong... She can visit while the CR1 is processing and she is already here so she is just fine... As long as she does not overstay her visa (the date stamped as admitted till ) no ban or anything else... You are good to go for your plan, just keep in mind she will need to be back in her country for interviews and such... For the 94, they have an electronic system now that I am to familiar with but someone will come along and clarify on how to check that .. Goodluck

It is incorrect to say she must return to her country. The 130 could be filed at any time to begin the AOS. The entire process including the issuance of her green card could be done with her present in the USA. It becomes a matter of intent.

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Filed: Citizen (apr) Country: Italy
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It is incorrect to say she must return to her country. The 130 could be filed at any time to begin the AOS. The entire process including the issuance of her green card could be done with her present in the USA. It becomes a matter of intent.

But he was not asking about how to AOS... He was asking about her visiting as a tourist while the I130 was in process the. Interviewing at her embassy... This process that he specifically said he was planning on going requires that the petitioner return to their home country for interview... Why would I give advice on a process that he did not even say he wanted to pursue? So my advice is not incorrect... Now IF he were to ask how to file for AOS, the. The response would have been different... But he seems to have an idea in place and want to do things the traditional way with her processing from her own country and I gave home the appropriate info... Others seem to be pushing him to "change his mind" and try for AOS ... Which I happen to think at this point could be a risk for him.

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

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Filed: Country: Argentina
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Hey there - to answer your main question visit this website and enter her passport information: https://i94.cbp.dhs.gov/I94/request.html;jsessionid=ZJb4JLYhhM1lRTCRhnhWHN8pFP93Jc8VTsJvJnFLjhnXp9Q95Qn3!-505218032

FYI my fiance is also from Argentina and when we pulled up his I-94 records on this website we found he has two entries: one with this passport number WITH the letter at the end, and another entry using only the passport number (no letter). We submitted a copy of each along with copies of his newest and previous passport copies (both passports have the same passport number + letter at the end). So it may be worth checking both in case a trip is not showing up as was our case.

Hope that is helpful! Best of luck!

So my wife just got into the states with me, super happy about that. She is on a visitor visa for the next 6 months, but we only plan to stay a total of 5. We came to be able to take care of my cancer stricken mother for the next few months, and to save up some money for a honey moon for the next year (6 months in mexico). She is from Argentina and we figured we could spend a few months here in the USA and then wait it out in mexico until her visa for immigration comes through in the about a year wait we are looking forward to.

In the I-130 it asks is your relative has been to the US, which is a yes, and then its asks in 14 for me to put that she her as a visitor, and then asks for the arrival/departure record (I-94). I am really unsure what this even is. What is this? where would I find it?

I plan to send these papers off asap, but Someone recently told me that while she is her on a visitor visa, if I start her immigration process they will deny her entry and she will be banned for 10 years. This freaked me out and I would like to know what to do, if this is true, or what I should do to take prcautions.

We wont be staying her illegally. She told the POE that she would be here until the end of janurary, and that is what will be happening. Then we just wait it out in mexico until we travel back to argentina for her interview.

If anyone has a better idea of what to do, or can give me some options I have, please do!!! Thanks in advance.

K-1 Timeline

2014-05-19: Submitted I-129F to Dallas Lockbox via USPS

2014-05-22: Notification of confirmed delivery by USPS

2014-05-27: NOA1 notification by email

2014-05-30: Notification by email that Alien Registration Number had changed

2014-06-02: NOA1 hard copy received by mail

2014-06-10: APPROVED! NOA2 notification by text/email (14 days after NOA1!)

2014-06-14: NOA2 hard copy received by mail

2014-06-20: File received at NVC & case # received over phone

2014-07-11: Packet 3 received from Buenos Aires Embassy

2014-10-07: Packet 3 sent (after long wait gathering documents in Argentina)

2014-10-21: Packet 4 received from Buenos Aires Embassy & interview scheduled

2014-10-27: INTERVIEW: K1 Visa APPROVED! :dancing:

2014-11-07: POE in Houston, TX & arrival into Denver, CO

2014-11-10: MARRIED :luv:

2014-11-14: AOS Paperwork Submitted

2014-11-20: NOA received for receipt of AOS Paperwork

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Filed: K-3 Visa Country: Thailand
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But he was not asking about how to AOS... He was asking about her visiting as a tourist while the I130 was in process the. Interviewing at her embassy... This process that he specifically said he was planning on going requires that the petitioner return to their home country for interview... Why would I give advice on a process that he did not even say he wanted to pursue? So my advice is not incorrect... Now IF he were to ask how to file for AOS, the. The response would have been different... But he seems to have an idea in place and want to do things the traditional way with her processing from her own country and I gave home the appropriate info... Others seem to be pushing him to "change his mind" and try for AOS ... Which I happen to think at this point could be a risk for him.

He also said he was doing all of that because of what " someone " said. He later asked if anyone had any better ideas. He doesn't or didn't even realize there is a process that would allow her to remain in the USA legally and do the AOS. That's exactly why he didn't ask about the AOS.

I don't know who you think " others " are but if you are trying to refer to me I am not "pushing " anyone including you. I am offering advise as to how he could accomplish what he seems to want to do. I doubt anyone in his situation would want to wait it out in Mexico then travel to Argentina if they didn't have to.

It is incorrect to say she must return to her country just as much as it is to say she will be banned for 10 years. Neither is true.

There is no risk to him nor her as long as the intent of their actions wasn't to commit fraud. Its obvious to anyone that they didn't simply due to the ignorance of the process displayed in what he has said. USCIS will approve the green card as long as the correct docs are filed.

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Filed: Citizen (apr) Country: Italy
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NEVER did I put anything about 10 year or even the word ban... No such words were ever typed by me! So Learn to read before you tell me I am incorrect. She specifically came as a tourist knowing that she would be spend g a few months here to take care of an ailing relative and save money for a honeymoon... So she came with the intent to file the I130 for a CR1 ... Coming to the USA as a visitor with the intent to stay is illegial and thus I do not advise it, especially for married couples because the intent to stay issue could be brought up... Are many successful at it, yes...

Now their intent to file the I130 (which ismwhat he asked about) and not AOS would require that she return to interview in her country... That is a FACT... The beneficeriary must interview in the country of residence... Now if you want to tell them about how to file AOS then go right ahead... But do not put words in my mouth and tell me that the information I have provided about the specific petition (the CR1) they filed is incorrect... As you are the one who is WRONG!

To the OP... Yes, you can file the I130 while she is here visiting then continue with your plans... She will then interview in her country and enter the USA with her CR/IR1 visa and at that time be entitled to work, travel etc... AOS is a seperate process

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

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Filed: Citizen (apr) Country: Canada
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Please remember that there is a fine line concerning 'intent' when adjusting status from a visitor's visa. If the OP entered the US on a visitor's visa with the intent to adjust status while in the US, then that is considered visa fraud and can lead to serious repercussions if USCIS decides to act if that was a fraudulent action. If the OP entered the US without the intent to adjust status and after arrival, their circumstances changed and they decided to apply for residency from within the US, that is not considered fraud.

The OP stated in his first post that he was told by someone that if he starts the immigration process by filing an I-130 while his wife is in the US on a visitors visa that she will be denied entry on subsequent visits and will incur a 10 year ban when she leaves. As Ning pointed out, it can be dangerous to listen to 'someone's who give inaccurate information, and the OP has come here to find out first if this is true (it's not) and second, what are their options.

The OP has two options available. He can file the I-130 for his wife while she is here on a visitor's visa and they can proceed with a CR-1 visa which will require her to have her interview at a US Consulate outside of the US and then, when approved, enter the US as a permanent resident. Or, they can decide that their circumstances in the US have changed and as she is here legally and did not intend to file for permanent residency when they entered, they can also file for Adjustment of Status (green card) from her Visitor's status and file it jointly with the I-130 sponsorship petition. Both options are legally available to the OP, although the second one may require them proving that they did not have this intent upon entry.

If the OP decides to follow the first option, there is always a risk that his wife may be denied entry on subsequent visits as the border authority may determine she is an immigrant risk. It would be up to the OP's wife to satisfy the border guards that she is not an immigrant risk on that visit.

The only way she would incur a 10 year ban is if she overstayed her visa by more than 360 days, which would incur a ban if she left the US without adjusting status. It does not sound to me like the OP and his wife have any intention of trying to bypass the legal immigration process and no one should make that presumption.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Another Member of the VJ Fluffy Kitty Posse!

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Filed: K-3 Visa Country: Thailand
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So my wife just got into the states with me, super happy about that. She is on a visitor visa for the next 6 months, but we only plan to stay a total of 5. We came to be able to take care of my cancer stricken mother for the next few months, and to save up some money for a honey moon for the next year (6 months in mexico). She is from Argentina and we figured we could spend a few months here in the USA and then wait it out in mexico until her visa for immigration comes through in the about a year wait we are looking forward to.

In the I-130 it asks is your relative has been to the US, which is a yes, and then its asks in 14 for me to put that she her as a visitor, and then asks for the arrival/departure record (I-94). I am really unsure what this even is. What is this? where would I find it?

I plan to send these papers off asap, but Someone recently told me that while she is her on a visitor visa, if I start her immigration process they will deny her entry and she will be banned for 10 years. This freaked me out and I would like to know what to do, if this is true, or what I should do to take prcautions.

We wont be staying her illegally. She told the POE that she would be here until the end of janurary, and that is what will be happening. Then we just wait it out in mexico until we travel back to argentina for her interview.

If anyone has a better idea of what to do, or can give me some options I have, please do!!! Thanks in advance.

Do those statements seem to indicate she intended to stay?

NEVER did I put anything about 10 year or even the word ban... No such words were ever typed by me! So Learn to read before you tell me I am incorrect. She specifically came as a tourist knowing that she would be spend g a few months here to take care of an ailing relative and save money for a honeymoon... So she came with the intent to file the I130 for a CR1 ... Coming to the USA as a visitor with the intent to stay is illegial and thus I do not advise it, especially for married couples because the intent to stay issue could be brought up... Are many successful at it, yes...

Now their intent to file the I130 (which ismwhat he asked about) and not AOS would require that she return to interview in her country... That is a FACT... The beneficeriary must interview in the country of residence... Now if you want to tell them about how to file AOS then go right ahead... But do not put words in my mouth and tell me that the information I have provided about the specific petition (the CR1) they filed is incorrect... As you are the one who is WRONG!

To the OP... Yes, you can file the I130 while she is here visiting then continue with your plans... She will then interview in her country and enter the USA with her CR/IR1 visa and at that time be entitled to work, travel etc... AOS is a seperate process

This will be my last comment to you. It isn't me that needs to learn to read. I didn't say you said anything about a ban. However you are in fact incorrect.

Here again its you that needs English comprehension

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Filed: Citizen (apr) Country: Canada
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Just to clarify . . . The OP was the one who mentioned that someone had told him about a ten year ban and Ning responded stating that the OP should not pay attention to 'someone's' who make such comments. She was responding to the statement from the OPs post about the ten year ban and did not state or imply that another responder made this comment, although she addressed other comments in the same response.

Instead of making personal attacks or getting upset with each other, perhaps we can just move on for now with the OP's concerns rather than continuing discussing what responders did or did not say.

-VJ Moderation

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

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Wow thanks for all the help everyone. I do not intend to do anything illegal, I wouldn't ever risk my wife chance at being able to one day become a citizen here.

I did not know about the AoS as a possibility now for her

This would be a great help top us as my mom just got 6 tumor out this week and her cancer is still spreading and she will start chemotherapy soon. Financially all this travel is killing me and now having an added expense of helping my mom just put me in the poor house.

Me and my wife talked about it and she wants to start working to be able to help me with bills, but obviously on a tourist visa she cannot. The aos would be a miracle worker in our situation for sure. I want her to also study which she currently cannot do as a visitor. And I've already has to drop out due to all this visa issues and money issues, but I would like to start again.

I think the aos is a good idea for us and would fix all of our problems. We still have intentions to go to mexico in January for a long waited honey moon, but knowing we could come back to a normal life here in the USA would be such a relief.

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Filed: K-3 Visa Country: Thailand
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Wow thanks for all the help everyone. I do not intend to do anything illegal, I wouldn't ever risk my wife chance at being able to one day become a citizen here.

I did not know about the AoS as a possibility now for her

This would be a great help top us as my mom just got 6 tumor out this week and her cancer is still spreading and she will start chemotherapy soon. Financially all this travel is killing me and now having an added expense of helping my mom just put me in the poor house.

Me and my wife talked about it and she wants to start working to be able to help me with bills, but obviously on a tourist visa she cannot. The aos would be a miracle worker in our situation for sure. I want her to also study which she currently cannot do as a visitor. And I've already has to drop out due to all this visa issues and money issues, but I would like to start again.

I think the aos is a good idea for us and would fix all of our problems. We still have intentions to go to mexico in January for a long waited honey moon, but knowing we could come back to a normal life here in the USA would be such a relief.

There is nothing illegal about what has been suggested. The AOS is a procedure designed to allow people like your wife with the right circumstances obtain a different legal status .

As part of the AOS you can request for free an EAD card which will allow her to work prior to having the green card.

Make certain you know exactly how to re-enter the USA once she has begun the AOS procedure. Do not cross any border until you are certain about what is required to get back into the USA.

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Fyi for the OP the EAD (work authorization) and AP (travel documentation) takes about 3 months (90 days)to obtain after filing for the AOS. Do not leave or work without each one respectively. However this is significantly faster than a CR1 visa.

We have guides for the AOS route so feel free to read up on the process including costs. I hope your mom pulls theough. Best of luck.

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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