Can we go to the states on a tourist visa and then apply?

[ktb 15]

I am finally ready to send out the I-130 packet, but today I met someone who said her (UK citizen) and her husband (USC) got married abroad and then went into the states on a tourist visa (for her) and then filed for the green card. Is this even possible? I thought the alien relative couldn't enter the states and then apply and also isn't able to enter the states after the initial paperwork is sent until the green card is approved?

Also I am wondering if our application will be rejected because I am not a permanent resident of the country we live in together, which neither of us is a citizen of. I am not working and haven't bothered to apply as a resident as we don't live in the coutry full time (only 8 months per year). My husband has residency in this country and is working.

I have been so excited to finally send the paperwork off and now I am not sure what to do.

Also are there any travel restrictions for us during this process if we are both living abroad?

Thanks for any responses.

[Dave&Roza 748]

I am finally ready to send out the I-130 packet, but today I met someone who said her (UK citizen) and her husband (USC) got married abroad and then went into the states on a tourist visa (for her) and then filed for the green card. Is this even possible? I thought the alien relative couldn't enter the states and then apply and also isn't able to enter the states after the initial paperwork is sent until the green card is approved?

Also I am wondering if our application will be rejected because I am not a permanent resident of the country we live in together, which neither of us is a citizen of. I am not working and haven't bothered to apply as a resident as we don't live in the coutry full time (only 8 months per year). My husband has residency in this country and is working.

I have been so excited to finally send the paperwork off and now I am not sure what to do.

Also are there any travel restrictions for us during this process if we are both living abroad?

Thanks for any responses.

It happens, but think about it. You are using a tourist visa (non-immigrant visa) for the purposes to enter the US, apply for AOS and remain (immigrate). That is immigration fraud and if caught the foreign born spouse will be deported and never allowed back into the US ever again. So if you want to stay married your husband would have to immigrate to the UK. When will you get caught--who knows, but it will be hanging over you for the rest of your lives--do you want to take that risk? You are doing it the correct way by submitting the I-130 packet. After about a year, the process will be completed and you and your husband can live together knowing you are legally here in the US. The other method takes a bit less time, you are together the whole time, but the risks are very great IMHO. Being from the UK, visits during the process are possible--just be sure to be completely honest about why you are visiting the US.

Good luck,

Dave

Edited June 17, 2012 by Dave&Roza

[canadian_wife 1,823]

The foreign beneficiary can absolutly VISIT the United States - lots of people do but entrance is never a guarentee. It is up to the CBP. However, the beneficiary MUST MUST MUST leave and return to their home country.

You may file from the US while both of you are there, but again, the beneficiary must leave

No travel restrictions for you, the USC. The beneficiary can be denied entry into the US if it is determined he will illegally try to immigrate

Good luck

[jaycali 415]

If he's a British citizen and you're a US citizen, the only restrictions as a result of filing may be entering each others' countries. There is nothing illegal about visiting during the process.. But:

The US may not let him enter as a tourist, if they suspect he'll try to stay and adjust status.

Likewise, the UK may not let you enter if they suspect you'll try to stay there.

[Christi and Ian 24]

We didn't want to take the chance that my hubby would be denied entry to the US while our case was pending, so I went to visit him in the UK. I had absolutely no problems whatsoever entering England...but just in case, I brought a folder full of proof of my ties to the US. None of it was needed. I think the UK is a little less up tight about it than the USA.

[jaycali 415]

I've visited the US on the VWP three times since I got married, no problems what so ever.

Maybe I was lucky, but even when I entered with my wife, as a family, at the same booth making it crystal clear we were married, the CBP officer let me through with no additional questioning beyond how long I planned to visit.

Just be aware that it is sort of a gamble. They may not even ask who you're visiting, but also, you may be denied entry, or asked more questions than usual. Also be aware that this won't affect the petition or visa.

Edited June 17, 2012 by jaejayC

[selena 0]

Please advise me if this scenario works for me.

Description: I am a US Citizen. I plan to marry a Chinese female who enters the USA as a B-2 visa. We plan to get marry here. After the marriage, I will file I-130 w/ her DS-230. After we get informed that she is to be interviewed, she will leave for China and then have her interview in Guang-Zhou.

Q: Is there anything improper using this plan?

Both of us don't want to be separate too long. If we apply K-3 for her, she has to be out of the USA. Therefore, we may use apply CR-1 if it is possible. Thanks.

[ktb 15]

The foreign beneficiary can absolutly VISIT the United States - lots of people do but entrance is never a guarentee. It is up to the CBP. However, the beneficiary MUST MUST MUST leave and return to their home country.

You may file from the US while both of you are there, but again, the beneficiary must leave

No travel restrictions for you, the USC. The beneficiary can be denied entry into the US if it is determined he will illegally try to immigrate

Good luck

In response to the face that my hubby MUST leave and return to the UK, why is this? We are both living in Cyprus and he is a legal resident here and Cyprus is also part of the EU.

My concern is for myself as I am on a tourist visa because I am not working and not living here year-round, but we would like to file from here as we can provide proof of joint tenancy and joint bank accounts from here in Cyprus.

Has anyone got experience with filing from another country that is not the native country of either the petitioner or beneficiary and what did you do? I am just worried that they will reject the petition and then what will we do?

Thanks for everyone who responded!!

[grrrrreat 109]

In response to the face that my hubby MUST leave and return to the UK, why is this? We are both living in Cyprus and he is a legal resident here and Cyprus is also part of the EU.

My concern is for myself as I am on a tourist visa because I am not working and not living here year-round, but we would like to file from here as we can provide proof of joint tenancy and joint bank accounts from here in Cyprus.

Has anyone got experience with filing from another country that is not the native country of either the petitioner or beneficiary and what did you do? I am just worried that they will reject the petition and then what will we do?

Thanks for everyone who responded!!

They didn't mean that he must return to his country of citizenship, just that he couldn't enter the U.S. on a tourist visa and try to stay permanently. It's illegal to enter with a nonimmigrant visa with the intent to immigrate. The U.S. won't care where he returns to after he leaves the U.S.

People file from countries where they are living all the time. Sometimes those consulates require proof that the immigrant has legal residence in that country if they don't come from there. I think EU residents of Cyprus do obtain a residence permit, so you may be asked to show that. In addition, he will likely need police clearance both from the UK and from Cyprus, and any other country where he's lived.

Your case really doesn't sound at all unusual. Petitions all go to the Chicago Lockbox in the U.S., no matter where they are from. When the petition is approved, the case is sent to the consulate you've listed on the I-130 for the visa interview. In fact, if you list your foreign address on the I-130 petition it might be expedited (USCIS has an unwritten practice of expediting petitions from U.S. citizens living abroad). If you're worried about your status in Cyprus expiring before you're able to migrate to the U.S., we can't really help you with that not being versed in Cypriot immigration law.