Living together during the application process? visiting?

[Krikit 1,163]

I think some people tend to over-complicate things. Ontarkie answered correctly.

[JP and Tee 13]

I was just wondering about this issue recently. I am currently in my home country (Malaysia) while my husband (USC) is in the US. We got married in June and just recently put together our packet.

We contacted the USCIS Military Hotline and was told I could fly into the US on my tourist visa and AOS from within the US. I told my husband it might be fraud since I read on VJ that's not advisable. My husband then called the CBP who confirmed that would be considered illegal and I could be deported/it would jeopardize my status later on. We tried DCF, contacted the Embassy and they confirmed unless he's going for deployment, they can't expedite our case so we're back to going down the normal way. Well, at least we tried!

So, he is filing the I-130 petition next week, and we plan on having me visit in Nov and stay until end of April/early May (which is about/less than 6 months). I have a tourist visa and have never overstayed during my previous visits, the longest trip was six weeks. I've been visiting him in the US since 2008 until 2011 (at least twice a year).

We are doing going down the consular route, which means id have to fly to my home country and do my interview there. I am also buying a return ticket with the departure date at the end of april/early may (whichever as long as I am not going over the 6 months limit).

I'm happy to stay in my home country and wait until the visa is approved but we have quite a number of important dates (Thanksgiving, Xmas, Birthday, anniversary etc) happening from Nov-April hence we'd like to be together.

I work as a freelancer and live at home with my parents so if I need to provide ties to my home country, what would be the best for my situation?

Will staying for 6 months be acceptable to the CBP? or will they deem that as suspicious and think I'll overstay?

thanks for your input, hope to get a reply soon.

Thank you so much an

[Krikit 1,163]

Here is a good link for visiting. Disregard the K-1 visa references as it is applicable to all. Always bring a copy of the immigration application and any correspondence received as that is good proof that you are following law and process.

http://www.visajourney.com/content/k1visit