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akelhefe

Move to US During Process (I-130 specifically)

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Hello All,

I've been reading through many guides, threads and information here and elsewhere and have been finding mixed answers. I really appreciate any advice and/or information.

Here's the back story. I'm a US Citizen and met my German wife-to-be over a year ago and we've since decided to get married. Actually, our wedding is all planned and booked for this coming May, in Germany at the Standesempt. We're compiling the I-130 packet now and plan to submit as soon as we can once we have the marriage certificate in hand.

The primary question I need to know and that has been keeping me awake lately is, can she come over to the US with me right after the wedding on a visitor visa or some other visa as we begin the K-3 process? If not, what needs to happen first in the way of paperwork, NOAs, etc?

Thanks in advance!

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Congratulations on your forthcoming marriage.

Your wife can travel to the US to visit on the VWP but it is at the discretion of the CBP as to whether she is admitted or not. She will have to prove strong ties to home which may be difficult as her husband is going to be in the US, unless she still has a mortgage/rental agreement and a job. If she is not eligible for the VWP it may be very difficult to get a tourist visa with a pending I-130 application.

She cannot come over and stay with you permanently as she will have to have her medical and interview in Germany. You are looking at a waiting period of normally 8-12 months after you have filed. We managed to get through it in 7 1/2.


01/27/2011 - Trevor's N400 submitted
02/18/2011 - Married
04/02/2011 - NOA1 hard copy received - priority date 03/30/2011
07/08/2011 - Trevor is now a USC - called USCIS to request upgrade of the petition.
08/02/2011 - NOA2
09/08/2011 - LND case number received, medical booked
09/26/2011 - Case complete at NVC
09/30/2011 - Interview date assigned
11/08/2011 - Interview - approved!!
11/10/2011 - Visa in hand
12/04/2011 - POE in Atlanta
12/12/2011 - SSN number received in mail
12/12/2011 - Welcome notice received
01/06/2012 - Green card received
09/06/2013 - File for Removal of Conditions
10/01/2013 - Biometrics for ROC
02/03/2014 - Card production email received

02/17/2014 - 2nd card production email received

02/28/2014 - 10 year Green card received

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Congratulations on your forthcoming marriage.

Your wife can travel to the US to visit on the VWP but it is at the discretion of the CBP as to whether she is admitted or not. She will have to prove strong ties to home which may be difficult as her husband is going to be in the US, unless she still has a mortgage/rental agreement and a job. If she is not eligible for the VWP it may be very difficult to get a tourist visa with a pending I-130 application.

She cannot come over and stay with you permanently as she will have to have her medical and interview in Germany. You are looking at a waiting period of normally 8-12 months after you have filed. We managed to get through it in 7 1/2.

Thanks Cathy2904.

Hmm, it sounds like a VWP would not really work. She lives at home still and will be leaving her job shortly before the wedding... We do have a round-trip flight booked for her to return to Germany within 90 days ( we're hoping to not have to re-book flights but are aware of the risk, luckily, she's a travel agent :) ). That is so she can complete her medical check and the interview. Then return shortly after with the K-3 visa or another visitor visa... She hasn't been in the states all year so we still have the 180 days total of visitor visa to use.

Are we being a little naive in thinking this will work?

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Others who are more knowledgeable will hopefully chip in but it is my understanding that the K3 is effectively obsolete. It was used when the I-130 was taking significantly longer to process than the I-129 but that is no longer the case. Nowadays there is not a lot of difference between the two.

As I said, there is no rule that you cannot visit while the I-130 is being processed and many people on here have done so without an issue. There are just no guarantees that you will be admitted and you may have to convince a CO that she does not intend to stay. The very fact that you are in the process may in fact help because it shows that you are going about things the legal way so it will be worth having your NOA1/2 with you. The return ticket will also help of course.

You will probably have five or six months to wait for your NOA2, after that things will move faster but that is when she will need to be at home for the medical. Once she has her interview you will be almost there as all being well the visa will be issued straight after that.


01/27/2011 - Trevor's N400 submitted
02/18/2011 - Married
04/02/2011 - NOA1 hard copy received - priority date 03/30/2011
07/08/2011 - Trevor is now a USC - called USCIS to request upgrade of the petition.
08/02/2011 - NOA2
09/08/2011 - LND case number received, medical booked
09/26/2011 - Case complete at NVC
09/30/2011 - Interview date assigned
11/08/2011 - Interview - approved!!
11/10/2011 - Visa in hand
12/04/2011 - POE in Atlanta
12/12/2011 - SSN number received in mail
12/12/2011 - Welcome notice received
01/06/2012 - Green card received
09/06/2013 - File for Removal of Conditions
10/01/2013 - Biometrics for ROC
02/03/2014 - Card production email received

02/17/2014 - 2nd card production email received

02/28/2014 - 10 year Green card received

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Moved from K3 Process & Procedures to IR-1/CR-1 Process & Procedures.

We're compiling the I-130 packet now and plan to submit as soon as we can once we have the marriage certificate in hand.

Since you are only planning to submit an I-130, that will place your case on the CR-1 visa process path.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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You will be doing the CR-1 by filing the I-130. Your spouse can attempt to come to the US as many times as she wishes during your application, but she may be denied at CBP if she cannot prove she has strong ties to Germany and they think she is likely to stay.

Daniel and I are actually doing something similar to you guys, sent petition- I am hoping to visit for 86 days- come home to do medical and interview- travel back to the states. It can be done, many have done it but you need to know that the beneficiary may be denied entry into the states. Being denied entry DOES NOT affect your visa application though, so your spouse can try to come as many times as she wishes.

I also believe the 180 day rule is not an actual rule, just a bench mark- I could be wrong though and I am sure if I am incorrect someone will let you and I know :thumbs:

Goodluck to both of you!


We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

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