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Can Spouse Visit on Tourist Visa?

#1 NewlyWed

NewlyWed

    Newbie

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  • Group: Members
  • Joined: 16 Apr 2012
  • Country: Mexico



Posted 16 April 2012 - 01:32 AM

Married after 4 year relationship.

She has been to the states 5 times since 2008.
I have visited her and stayed with her 4 times.
We decided to get married last year in August while she was visiting.
No plans. Courthouse. No party, no ball, nothing.
I also went to Mexico in December married there.
It was delicious(The food was the only thing I was picky about).

She is now finished with her education. (BA in International Relations)
Thinking about filing i-130 so that she can immigrate.
However before we file I would like her to visit me for a couple of months.
We DO have intentions of filing. I am hoping that she can come visit me on her tourist visa.
I am calling CBP in the morning with many questions.

I looked in the FAQ and have been doing a lot of reading.

I want to marry my fiance/fiancee who is here in the US on a visa, can I marry him/her here in the U.S, and if I do, will he/she be sent back to his/her home country until the I-130 is approved??

If your fiance/fiancee DID come to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed instead of the I-130 to avoid a denial or deportation.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 should be filed with the relative outside of the U.S to avoid deportation or denial. (Better safe than sorry)


My fiance/fiancee came to the U.S on a tourist visa and we intended to get married and for him/her to return home afterwards and then immigrate from outside the US. Does this mean our petition will be denied, and is what we did illegal??
No. It is perfectly ok to marry in the US on a tourist visa as long as the intending immigrant returns to his/her home country to file the I-130, and does not try to adjust his/her status and remain in the US during the I-130 process, as that is illegal.


I already bought two way ticket, but do we need to prove ties back to her country. I will file I-130 later this year after she returns. Telling that to CBP officer.
If she stays in the USA and not return she will never be approved, so would that tie her to her country.

I know the CBP scrutinizes tourist visits for wives of US citizens. but based on what I read the only problem would be demonstrating that she will indeed return. Plane ticket is for April 25th. I was definitely not prepared when I purchased ticket. Especially that she may be denied.

What can she do/say/bring to avoid denial. Besides tell the truth.
visiting
husband
is us citizen
he works and cannot visit me at the moment.
we will eventually file I-130.
our dog Peanut(with appropriate paperwork)
wedding certificate from USA and Mexico
not a lot of luggage
letters of relatives here in the States.
letter from me.
copy of my Lease(same as address where she will be staying)
does she need affidavit of support? (never used one)

Edited by NewlyWed, 16 April 2012 - 01:36 AM.

  • 0

#2 Dan C.

Dan C.

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Posted 16 April 2012 - 08:37 AM

So, if I understand correctly:
  • You two married in the US when she was here visiting; she then returned to Mexico.
  • You haven't filed for your I-130 yet (but are planning to sometime after she returns from this visit).
  • She has a tourist visa, and wants to visit you for a couple months.

I don't see any reason why they would deny her a visit. You two don't even have an pending immigration case yet (even if you did, she'd still likely be allowed in for a visit). Everything you're doing is fine.

Just tell the truth: she's visiting. No need to go into further detail. If they request proof of ties, show that she's studying or something like that. There's no need to assemble tons of information for a simple tourist visit.
  • 0

Our CR1 timeline...routed to the CSC:

7 Mar 2011 - Mailed the I-130 package
9 Mar 2011 - I-130 package received by Chicago Lockbox
12 Mar 2011 - NOA1 Date
14 Mar 2011 - Received text message / email notification of NOA1
18 Mar 2011 - NOA1 (I-797C) Mail Arrival
16 Jun 2011 - Received text message / email notification of NOA2
20 Jun 2011 - NOA2 (I-797C) Mail Arrival
28 Jun 2011 - Received updated NOA2 -- first NOA2 contained typo
24 Jul 2011 - Received case number from NVC and AOS bill
20 Sep 2011 - NVC Case Complete
5 Oct 2011 - Received interview date
8 NOV 2011 - INTERVIEW APPROVED
10 Nov 2011 - Received visa via DHL
12 Nov 2011 - Point of Entry (San Ysidro, CA)
10 Dec 2011 - Received Green Card via USPS
19 Aug 2013 - Applied for Removal of Conditions at the Vermont Service Center

23 Aug 2013 - NOA1 Date


#3 NewlyWed

NewlyWed

    Newbie

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  • Joined: 16 Apr 2012
  • Country: Mexico



Posted 16 April 2012 - 11:42 AM

So, if I understand correctly:

  • You two married in the US when she was here visiting; she then returned to Mexico.
  • You haven't filed for your I-130 yet (but are planning to sometime after she returns from this visit).
  • She has a tourist visa, and wants to visit you for a couple months.

I don't see any reason why they would deny her a visit. You two don't even have an pending immigration case yet (even if you did, she'd still likely be allowed in for a visit). Everything you're doing is fine.

Just tell the truth: she's visiting. No need to go into further detail. If they request proof of ties, show that she's studying or something like that. There's no need to assemble tons of information for a simple tourist visit.



Thank you for your time.
She is finished with her studies.
I called numerous ports of entry and spoken to immigration and customs as well.

Dallas
972-973-9825 transferred...
said she cannot enter, then after pointing out facts about laws and other circumstances he said it is ok for her to visit as long as she provided strong ties and evidence that she will return. He just confused me.

Houston
281-230-4814
Officer said it is ok for her to visit me on her tourist visa.
Why she is visiting and who, must provide proof of return.
As long as we apply while she is in her country(Mexico).
Round trip ticket will help.
Give cell in case officers choose to contact you.

Atlanta
(404) 765-2300.
She can visit as long as she is truthful everything.
round trip ticket will help.
A visitors visa is to visit. However she must return to file
Being denied entry will not effect i-130.
Said she has a good traveling history.

Chicago
no answer.

She will provide no more details than she has to. I believe she will be admitted without any problems.
I just want to be prepared.
  • 0

#4 canadian_wife

canadian_wife

    Super Elite Member



Posted 16 April 2012 - 05:27 PM

So, to sum up

Entrance into the US is not a guarentee. She may be denied entry even with a valid tourist visa. To help with this, she should carry strong ties to MX to show why she MUST return

Good luck
  • 1
USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

#5 Milan&Pam

Milan&Pam

    Member

  • PipPipPip


Posted 21 April 2012 - 09:20 AM

Your situation is so frustrating to me also. My fiancee is living in Macedonia and we have just filed for his K-1 VISA. We too would like to file for a tourist VISA so he can stay while we wait for his approval....with every intention of him returning to his country for his interview. It is so silly to me, that in cases such as this, it is OBVIOUS your wife has intentions of moving permanently to the US therefore "ties" to her country are going to be minimal. For instance, my finance is in the process of selling his apartment, closing his business, etc, in preparation of moving to the U.S....LEGALLY I might add. Too bad there isn't one more VISA type that allows spouses/future spouses entry to be with their loved ones while they wait. Good luck to you and keep us posted!!
  • 0

Our Journey:

10/02/2011: Met while working in Afghanistan
10/15/2011: First "date"
01/03/2012: Hired an attorney to file our K-1
02/05/2012: He returned to Macedonia
02/29/2012: My first visit to Skopje
03/03/2012: Met my future family
03/15/2012: I-129F package mailed / returned to Afghanistan
03/19/2012: Received notification of arrival of I-129F
03/21/2012: NOA1 mailed
07/15/2012: 2nd trip to Skopje
09/20/2012: NOA2 notice
10/05/2012: Attorney Received Case number from NVC
10/25/2012: Received packet 3 ( the same time I left on my flight back to the US)
11/06/2012: Medical Scheduled
11/15/2012: Interview - Denied due to "lack of proof of relationship"
11/27/2012; 2nd Interview scheduled - APPROVED!
11/29/2012: VISA IN HAND!
11/30/2012: POE NYC-JFK
12/12/2012: WEDDING!!!

02/26/2013: I-485 Filed

09/10/2013: Green card received NO INTERVIEW!!!!




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