Going back

[Sussy 0]

Hello everyone I need a little bit of help. My situation is this..... My husband and I recently got married in the states and for our honeymoon we decided to come to my country. Now we are planning on going back and begin my paperwork but we don't know if we are going to have any problem for me to get into the states again?

[Darnell 8,478]

what visa did you enter USA on, that last time?

[Sussy 0]

With a tourist visa and came back to my country with the same tourist visa

[caly 48]

Are you planning on adjusting status within the US or would you be filing for a spousal visa while "visiting" him with the intention of returning home when your time is up? In case you were not aware, entering the US with the intent to adjust status is considered immigration fraud.

[Ning 619]

Hello everyone I need a little bit of help. My situation is this..... My husband and I recently got married in the states and for our honeymoon we decided to come to my country. Now we are planning on going back and begin my paperwork but we don't know if we are going to have any problem for me to get into the states again?

Entering the USA using a tourist visa is fine. Marrying while in the USA is ok too. Using a tourist visa to enter the USA with the intention of immigrating is visa fraud.

You may find that if you try this and the officer realizes you are with your now USC husband you may be turned away at the POE.

[Sussy 0]

We were planning on going back and start doing my paperwork since we rather be together through the entire process, before we came to my country we received our marriage certificate and after that we decided to travel. We didn't start any process. So now I don't know what to do..... I thought the best idea was entering the states with my tourist visa again? But don't know if in the system it'll appear as I'm already married since we did the marriage with my passport.

[Blueberry Pancake 311]

We were planning on going back and start doing my paperwork since we rather be together through the entire process, before we came to my country we received our marriage certificate and after that we decided to travel. We didn't start any process. So now I don't know what to do..... I thought the best idea was entering the states with my tourist visa again? But don't know if in the system it'll appear as I'm already married since we did the marriage with my passport.

I highly doubt they will let you back in to the U.S. now.

How will you convince an immigration officer that you have no intentions to immigrate? You just got married, just left the U.S. and just trying to "visit" the U.S. again?

Can't see it happening...

Even if so, you might have problems down to read with your AOS. How will you convince USCIS that you did not enter with an intent to immigrate?

This is called immigration fraud.

You'd rather be together while awaiting the process, you say. Well, all of us here would rather be together. But we can't,. Unfortunately...

So, the only legal choice you have right now is:

Your husband goes back to the U.S., you stay in your home country. He files I-130 petition for you. And in 8-24 months (Hard to say how long it will take. No one can tell you that... and USCIS is lost in its own mess now.) you get your CR-1 visa and then can legally immigrate to the U.S.

Here's the guide http://www.visajourney.com/content/i130guide1

I know that's probably not what you wanted to hear...

Congratulations on your marriage and good luck!

[Ning 619]

I highly doubt they will let you back in to the U.S. now.

How will you convince an immigration officer that you have no intentions to immigrate? You just got married, just left the U.S. and just trying to "visit" the U.S. again?

Can't see it happening...

Even if so, you might have problems down to read with your AOS. How will you convince USCIS that you did not enter with an intent to immigrate?

This is called immigration fraud.

You'd rather be together while awaiting the process, you say. Well, all of us here would rather be together. But we can't,. Unfortunately...

So, the only legal choice you have right now is:

Your husband goes back to the U.S., you stay in your home country. He files I-130 petition for you. And in 8-24 months (Hard to say how long it will take. No one can tell you that... and USCIS is lost in its own mess now.) you get your CR-1 visa and then can legally immigrate to the U.S.

Here's the guide http://www.visajourney.com/content/i130guide1

I know that's probably not what you wanted to hear...

Congratulations on your marriage and good luck!

I don't think she will be able to enter the USA on the tourist visa again now that she has married a USC either. However I disagree with the remainder of what you say.

The USC can now file the immigration based petition no matter where he is including outside the USA. He doesn't have to return to the USA. Its best if he has domicile in the USA or can show how he will do that upon return.

Once the immigrant has entered the USA on a CR 1` they can do the AOS with no problem.

I doubt it would take anywhere near 24 months to be approved for a CR 1 unless she is in a Mena country. Again we see a case where they don't realize its important to indicate the country so its hard to discuss the timeline.

[caly 48]

I don't think she will be able to enter the USA on the tourist visa again now that she has married a USC either. However I disagree with the remainder of what you say.

The USC can now file the immigration based petition no matter where he is including outside the USA. He doesn't have to return to the USA. Its best if he has domicile in the USA or can show how he will do that upon return.

Once the immigrant has entered the USA on a CR 1` they can do the AOS with no problem.

I doubt it would take anywhere near 24 months to be approved for a CR 1 unless she is in a Mena country. Again we see a case where they don't realize its important to indicate the country so its hard to discuss the timeline.

I think what Blueberry Pancake meant was that they could face scrutiny and problems if the OP was allowed to re-enter the US on her tourist visa and then adjusted status from it. As mentioned above, this would be immigration fraud

Also, the CR-1 is a immigrant visa, you don't need to file AOS when you enter on a CR-1 visa.

The way I see it, OP has 3 legal options right now:

1. Try to re-enter on her tourist visa (but there's a high chance that she will be turned away at the Port of Entry if CBP is made aware of the "newly-wed" situation, also doesn't sound like OP has a job back home at this point). Assuming she makes it into the country, they can file the I-130 to start the CR-1 process.. She stays in the US with her husband as long as her tourist visa will allow and then returns home when the time comes.
2. They stay abroad together and start the CR-1 paperwork.
3. She stays abroad and her hubby returns to the US while they petition and apply for the CR-1 visa. There's nothing to say that she can't visit him on the tourist visa later on while waiting for the visa, especially if she can show strong ties to home.

[Blueberry Pancake 311]

Yes, of course there is an option for both of them to stay abroad and file from there

USCIS just recently posted the average processing times for I-130- 16.6 months. So the whole process might take even 2 years...

And I agree with everything Caly said

[atenea26 5]

Yes, of course there is an option for both of them to stay abroad and file from there

I disagree with this part of the answer. If I am right, to be able to file abroad while together, the petitioner and the beneficiary must have both legal residence on the OP's home country (for at least 6 months prior to the filing). This is called DCF.

Unless the USC has a residency permit on the beneficiary's country, the only option they have is getting separated while he files for her in the US.

Sorry about the bad news

Edited October 10, 2013 by atenea26

[caly 48]

I disagree with this part of the answer. If I am right, to be able to file abroad while together, the petitioner and the beneficiary must have both legal residence on the OP's home country (for at least 6 months prior to the filing).

Incorrect - there are many US embassies that don't process Direct Consular Filings (DCF). However, this does not mean that the US citizen cannot go and live with the foreign spouse or start the visa process in the countries which have these non-DCF embassies.

The USC simply would send off the I-130 to the Chicago lockbox like the rest of us.

[Blueberry Pancake 311]

Incorrect - there are many US embassies that don't process Direct Consular Filings (DCF). However, this does not mean that the US citizen cannot go and live with the foreign spouse or start the visa process in the countries which have these non-DCF embassies.

The USC simply would send off the I-130 to the Chicago lockbox like the rest of us.

[r060106 109]

So, the only legal choice you have right now is:

Your husband goes back to the U.S., you stay in your home country. He files I-130 petition for you. And in 8-24 months (Hard to say how long it will take. No one can tell you that... and USCIS is lost in its own mess now.)

24 months?? Where did you get that Blueberry??

[Blueberry Pancake 311]

24 months?? Where did you get that Blueberry??

Just based on this stupid 16.6 months average processing time recently posted by USCIS

I think it's BS, but still.