Holder of B1/B2 Visa & Spouse of U.S Citizen

[DoctorM 0]

Hello everyone,

I have a issue and would like to get your opinion.

I'm married to a GC holder who will become a US Citizen by September / October.

I'm currently a holder of B1/B2 visa that's still valid for couple more years.

The plan is, my wife will apply for I129 - I30 and then eventually for K3 Visa.

I have two important questions:

1/ I need to enter the U.S for job interviews between October and Janury 2009/2010, can I enter the U.S using my B1/B2 Visa if my petition has been approved??

2/ What's the best to manage my case?

3/ How long does it usually take to have this process done? (I live in Canada)

Thanks alot,

[Reba 2]

Why doesn't your wife submit the I-130 already to get it started, and then once she has citizenship upgrade it to petition for citizen's spouse? At least it'll get the ball rolling for you and speed it up a bit.

What country where you married in? Canada, US or Saudi Arabia? If you were married somewhere other than Canada or US, you will have to go back to that country for a K3 interview, so you may want to reconsider filing the I-129F at all. Even if you married in Canada or US, the K3 and the CR1 visas are taking about the same time to process, so the K3 is basically just not worth the effort. Just file the I-130 for the CR1.

Whether you can enter the US using your B2 status at this point really is up to the border officials unfortunately. Technically speaking, and legally, yes you can. But it is up to their whim and mood, so they may deny your entry based on your wife being in the US and your pending petitions. If you drive to the border rather than fly, you at least won't lose your money on the airfare and you can just turn around and go back home.

[DoctorM 0]

Why doesn't your wife submit the I-130 already to get it started, and then once she has citizenship upgrade it to petition for citizen's spouse? At least it'll get the ball rolling for you and speed it up a bit.

What country where you married in? Canada, US or Saudi Arabia? If you were married somewhere other than Canada or US, you will have to go back to that country for a K3 interview, so you may want to reconsider filing the I-129F at all. Even if you married in Canada or US, the K3 and the CR1 visas are taking about the same time to process, so the K3 is basically just not worth the effort. Just file the I-130 for the CR1.

Whether you can enter the US using your B2 status at this point really is up to the border officials unfortunately. Technically speaking, and legally, yes you can. But it is up to their whim and mood, so they may deny your entry based on your wife being in the US and your pending petitions. If you drive to the border rather than fly, you at least won't lose your money on the airfare and you can just turn around and go back home.

Thanks for you reply,

I got married in U.S last year (I was F-1 student).

I have entered the U.S many times this year and last year using my B1/B2 with no problems at all, especially I'm holding a valid work-permit in Canada for couple more years.

The reason I didn't file for the I-130 is that I want to make sure that once I file for I-130 am I legally allowed to enter the U.S with B1/B2 -- for Job interviews? i.e non-immigrant potentials (and its really the truth)

The CBP asked me couple of times what's my wife's status in the U.S and I mentioned she's GC holder.

How long does is usually take from filing I-130 until receiving CR-1 , and can you work using CR-1 ?

Thanks,

I don't want to file for petition

[Reba 2]

Well, YOU can't file the petition, your wife HAS to file the petition I-130 in order to get you a green card so you can move to the US. I suggest you read the GUIDES tab above so you understand the process that you are going to have to endure in order to get to the US.

The I-130 is a petition that your wife has to submitt to be approved to sponsor you. For permenant residents to submit for their spouses it currently takes several years, however because she is eligible soon to apply for citizenship, if she gets the petition in now, she can "upgrade" it once her citizenship is approved. Once it is upgraded, it'll be almost a year before it'll be processed and approved, and you will be able to apply for the CR1 visa.

Yes, once you have a CR1 visa, you will be eligible to work in the US, but you won't have your CR1 for at least one year, possibly more, depending on when she submits the petition, and when her citizenship is completed.

[DoctorM 0]

Well, YOU can't file the petition, your wife HAS to file the petition I-130 in order to get you a green card so you can move to the US. I suggest you read the GUIDES tab above so you understand the process that you are going to have to endure in order to get to the US.

The I-130 is a petition that your wife has to submitt to be approved to sponsor you. For permenant residents to submit for their spouses it currently takes several years, however because she is eligible soon to apply for citizenship, if she gets the petition in now, she can "upgrade" it once her citizenship is approved. Once it is upgraded, it'll be almost a year before it'll be processed and approved, and you will be able to apply for the CR1 visa.

Yes, once you have a CR1 visa, you will be eligible to work in the US, but you won't have your CR1 for at least one year, possibly more, depending on when she submits the petition, and when her citizenship is completed.

Still I didn't get answer about my main issue, is there anything in the law that prevents me to enter the U.S using my B1/B2 valid visa if my wife filed I-130 petition (and suposidly got approved) ?

Thanks,

[Bobby+Umit 161]

Well, YOU can't file the petition, your wife HAS to file the petition I-130 in order to get you a green card so you can move to the US. I suggest you read the GUIDES tab above so you understand the process that you are going to have to endure in order to get to the US.

The I-130 is a petition that your wife has to submitt to be approved to sponsor you. For permenant residents to submit for their spouses it currently takes several years, however because she is eligible soon to apply for citizenship, if she gets the petition in now, she can "upgrade" it once her citizenship is approved. Once it is upgraded, it'll be almost a year before it'll be processed and approved, and you will be able to apply for the CR1 visa.

Yes, once you have a CR1 visa, you will be eligible to work in the US, but you won't have your CR1 for at least one year, possibly more, depending on when she submits the petition, and when her citizenship is completed.

Still I didn't get answer about my main issue, is there anything in the law that prevents me to enter the U.S using my B1/B2 valid visa if my wife filed I-130 petition (and suposidly got approved) ?

Thanks,

Up to CBP at POE. There is no law that I know of preventing someone from using a valid visa to attempt entry into the US.

[Reba 2]

Nope, only interpretation of the law that says any traveller into the US must show proof of ties to home country and proof they do not have immigrant intent when entering on a non-immigrant status. Which is a little more difficult to do when one has a petition pending with their name on it, but not completely unheard of to be allowed entry. Unfortunately, it is just more difficult for some nationals to do than others. Regardless of when your where your current B2 status was granted.

[DoctorM 0]

That's great guys, I really appreciate your help.

Now my second question is :

I'm convinced from your replies that my wife (PR) should file I-130 petition for me.

My concern is : If my wife filed the I-130 as a permanant resident (let's say on May 2009) - while she will get her citizenship on (Sept-Oct 09), is filing at this time a good idea? would this accelerate the process of getting K3 or CR/IR Visa? would it actually slow the process? or it has no effect time wise!

That's a very important factor.

I'm really thankful for those who replied and who'll reply

[Reba 2]

It would accelerate the process by a couple of months at most. It shouldn't slow it down at all, but if she submitts it now, then it will at least be started, and then once she has her citizenship comfirmed, she can "upgrade" the petition and get it rolling.

[payxibka 10,044]

That's great guys, I really appreciate your help.

Now my second question is :

I'm convinced from your replies that my wife (PR) should file I-130 petition for me.

My concern is : If my wife filed the I-130 as a permanant resident (let's say on May 2009) - while she will get her citizenship on (Sept-Oct 09), is filing at this time a good idea? would this accelerate the process of getting K3 or CR/IR Visa? would it actually slow the process? or it has no effect time wise!

That's a very important factor.

I'm really thankful for those who replied and who'll reply

It could accelerate the process for the CR/IR visa... as an non-USC, she is not yet eligible to petition for a K-3.