Filing an I-130 in USA before returnung back home

[Liza E P 0]

Is there any problem with my husband filing an I-130 in order to begin the process for a Spouse Visa for me whilst I am visiting him in the U.S.A?

I do not want to get an adjustment of status to my visa, because I have to go home in the next 2 months and will continue the process for a K3 visa in my homeland via the consulate there..

Just a bit confused if this is allowed - I have no intention of changing my status as a visitor to a permanent resident, I just want to get the process started as quickly as possible before i return!

Many thanks.

Edited April 3, 2012 by LizaP

[bigdog 376]

Read more here on the type of visas and the postings, K3 is not really used, file CR1 or DCF if it applys when you are ready, beware of the issues involved in travel and entry/exit to USA during the process.

[cathy2904 97]

Yes, you can file the I-130 while you are visiting the US. Lots of people do and then return to their home country to wait out the process and have the medical and interview. It's what we did.

Good luck.

[Liza E P 0]

Thank you, both!

It just seems so daunting at this initial point when we are facing the whole long process...but getting answers here really helps.

I am also slightly confused why I was told twice at different times by the US Immigration Services that I needed to apply for the K3 Spouse visa, nothing was mentioned about the CR1 Spouse visa.

I wonder why this would be?

I would like to visit my husband whilst applying for whichever visa is appropriate, so not sure which would be best for this?

Thanks again for any answers

[cathy2904 97]

The K3 is pretty much obsolete nowadays though strictly speaking it is still available. As I understand it, it was introduced when the IR/CR1 visa was taking much longer to process than the fiancé visa and was a means of reuniting families quicker. Nowadays there is not much difference between the two and what happens is that both petitions (the I-129 and the I-130) are approved at more or less the same time so the I-129 is abandoned and the process follows the I-130 route.

You can normally expect the IR/CR1 visa to take 8-12 months all told, although we were lucky and I had my visa in hand at about 7 1/2 months. You should look at timelines for South Africa to see what the current wait times are at the Embassy.

You can visit during the process and I know from what I have read on here that many people do so successfully, but there are no guarantees. It is up to the CBP officer on the day to decide whether or not to admit you, depending on how likely they believe you are to stay. You are advised to bring strong ties to home and evidence that you will return - your return ticket of course, a mortgage/rental agreement, a letter from your employer saying when you are expected back etc. Your NOA1/2 (depending on where you are in the process) may also be good evidence as they will show you are planning your immigration the right way.

[sulhaq 59]

Thank you, both!

It just seems so daunting at this initial point when we are facing the whole long process...but getting answers here really helps.

I am also slightly confused why I was told twice at different times by the US Immigration Services that I needed to apply for the K3 Spouse visa, nothing was mentioned about the CR1 Spouse visa.

I wonder why this would be?

I would like to visit my husband whilst applying for whichever visa is appropriate, so not sure which would be best for this?

Thanks again for any answers

When whichever temporary visa you currently hold expires, it will be very difficult for you to obtain another temporary visa before your immigration process has been completed. It is possible, but quite difficult. You would have to conclusively prove you have strong ties to your home country and just want to visit your husband with full intentions of returning to complete your immigration process.

As such, if you file your I-130 for the CR-1 visa category right now, and then return to your home country 2 months later, then, if and whenever your temporary visa expires which you currently hold, you will more than likely have to wait out the remaining period of time in your home country until the immigration process has been completed and will not be able to visit your husband.

Edited April 3, 2012 by sulhaq

[Liza E P 0]

Thank you very much Cathy and Sulhaq. I think this pretty much answers my questions about these two visas, and if I can travel whilst waiting.

I am actually a dual citizen of South Africa and Ireland, so when I visit my husband I do so on the Visa Waiver program for Irish passport holders - I am assuming this would still be applicable for travel when I am applying for my visa from my resident country of South Africa...

Thanks again!

[Darnell 8,478]

when you ask anything from uscis - just remember - that office doesn't issue visas, so the humans you talk to are mostly misinformed about visa process and processing.

as to yer original question - yes, is easy to do what yer asking - here's the caveat:

--do not list an address in the USA on YOU, on any forms, as the adjudicator might think that you are already here, and are filing an I-130 as the first part of an 'adjustment of status' case. (which requires an I-130 and an I-485 - some folk do send in just the I-130, waiting on approval, then send in the I-485).

Good Luck !

[Liza E P 0]

when you ask anything from uscis - just remember - that office doesn't issue visas, so the humans you talk to are mostly misinformed about visa process and processing.

as to yer original question - yes, is easy to do what yer asking - here's the caveat:

--do not list an address in the USA on YOU, on any forms, as the adjudicator might think that you are already here, and are filing an I-130 as the first part of an 'adjustment of status' case. (which requires an I-130 and an I-485 - some folk do send in just the I-130, waiting on approval, then send in the I-485).

Good Luck !

Thank you Darnell - this explains a lot !