Waiting for i-130 approval inside the US? (No AOS)

[ando 0]

Hello everyone!

I am a new user. Nice to meet you all! Let me tell you my story: I have had a long distance relationship for 3 years. Last year we got engaged. We have visited each other approx. 3 times a year on 15 day long visits, sometimes even longer. I am a US citizen, but I don't currently live in the US (and neither does my fiance). I am planning to move to USA to reside permanently there. A short while after I have begun my life in the US I will marry my fiance in her country of residence. I want to help her immigrate on a CR-1 visa.

My question is this:

Since the process is separated in two phases:

1) Approval of the Petition for Alien Relative by the USCIS

2) Processing of the Visa by the NVC

Would it be possible for me to file for the i-130 for my wife while she is visiting me inside the US on a tourist visa? (Say, the day after she arrives or perhaps during the first week of her arrival). That way, we could at least be together for 90 days while we wait for the i-130 approval, and then she would go back to her country to wait for the NVC processsing, get the medical check ups, do the interview and so on. The purpose is to attempt to wait together for the 5 months that the longest phase, the USCIS approval, is supposed to take starting from May 2014. If she gets a 90 day stamp in her passport, then at least we were able to spend the first 3 months of our marriage together. Given the fact that we have never visited each other for more than a month, it would be a dream come true.

I am thinking that if she enters the US as a visitor before I file the petition, I would save ourselves the risk of the POE officer denying her entry if he is having a bad day or something. I know that perhaps there may be a slim chance of that happening if she brings up evidence of ties to her country, but I don't want to risk it.

I dont think there would be an "immigration intent" issue here, since she is actually just visiting me temporarily while the petition is approved, and I am only filing the petition for alien relative. I mean, I don't think it would constitute any visa fraud since we are not applying for any kind of AOS while she is visiting me, so even though I would file a petition for her and that constitutes immigration intent, it doesn't necessarily mean she wants to immigrate with the tourist visa on her current stay. This is just my opinion though, so I would really like to know your thoughts on this, because I don't want to do anything ilegal.

I am thinking this is a way to shorten the separation time while applying for a CR-1 visa, since the process is taking so long. It feels terrible to imagine that, after 3 years on a long distance relationship, when we finally get married, we still can't live together and have to wait almost a year or maybe more for us to finally be together.

I really appreciate your comments and thanks a lot for reading!

P.S: I will gradually update the info on my visa processing (as soon as I start it!)

[NikLR 13,227]

Yes you can file at any time, your wife doesn't have to be outside the USA. But it will take longer than 90 days to get approval through the USCIS. Right now it's about 10 months.

[NikLR 13,227]

However, if you file immediately upon coming back to the USA (if your wife isn't accompanying you) then you will have even less time apart as a married couple. The petition is really straight forward and vwp are rarely denied at POE, especially if they bring proof of their ties to their home country. (A lease or mortgage, letter from employer, bills, or anything else that shows she has responsibility and ties to her home country.) This is moot if she is coming back to the USA with you.

[ando 0]

Oh thank you very much for your reply! I see...wow 10 months is a lot! I wonder if she could travel back and forth...but then considering her country isnt on the vwp...I doubt that POE officers would let her in the country again after having spend 5 months with me before...hmmm....the situation is really tough right now with all the delays! It would be ideal if your spouse could visit you several times for many months while the documents are being processed.

[ana y marcos 20]