Move to US During Process (I-130 specifically)

[akelhefe 0]

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!

[cathy2904 97]

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.

[akelhefe 0]

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?

[cathy2904 97]

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.

[Ryan H 3,790]

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.

[Xanax 349]

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

Goodluck to both of you!