I-130 form filed. Can we continue the process in California?

[donnieace 0]

Hi. I will make this brief. I met my wife in 2009 while in Australia. We share a love for traveling. After flying back and forth between Europe and the US, we finally got married here in Poland this past June.

We originally had planned to stay in Europe but after our honeymoon, we decided that going back to California would be better for us.

I recently sent in the I-130 form to Chicago as the embassy in Warsaw no longer accepts these applications.

My wife ended her work contract in Spain before we wed. I freelance back home and I am not legally allowed to work in Europe.

We are glad to finally be together but we want to begin earning a living again. I can easily go back to California and resume work in no-time. I would like to know If we can continue the process of getting her green card back in the States. What would be our best option? She has had her US tourist visa since 2010. Can I apply for an AOS while over there since she is my wife not my fiance?

I need some advice. It was very difficult getting married here in Poland. The paperwork was tedious but well worth it. Having to deal with more after our marriage is really a pain. It seems to never end. Some advice would go a long way.Thank you for your time.

[Penguin_ie 5,994]

Entering the USA with a tourist visa with the intent to stay is visa fraud and can lead to a lifetime ban, don't do that.

She can visit the US with her tourist visa, and stay as long as she is given at the border (usually 6 months), but she cannot work during that time and will need to return to Warshaw for her medical and interview.

[Ian H. 207]

Do not let your wife enter the US as a tourist and then do AOS, that is considered fraud. Your best option since you are already married and filed your I 130, is to have your wife apply for the visa abroad. She can travel back to the US and then leave at the end of her stay, however under no circumstances should she lie if they ask about her marriage or anything that would make them believe she's an intending immigrant. There are people who have entered and left the US on a tourist visa or VWP after being married and while having a pending petition. However, that doesn't guarantee that she will be able to enter if they believe she may stay since the CBP official has the discretion to deny her entry. Unfortunately, the process is burdensome for most of us, however it is better to play by their rules and have everything done properly. I hope this helps and maybe some can give you another possible route, but this is what I believe most people on here would do.

[funkymunky 11]

Two things to consider;

1. You have to wait for the I 130 to be approved (since you have already filed it) before you can adjust status.

2. Intentionally entering the US on a visitors visa on the basis of immigration is fraud and if she were denied entry into the US that would be bad too.

Better to wait it out, she can always visit you.

[donnieace 0]

Wow, that was fast. Thanks for the quick replies.

After reading a few threads on here, I didn't like what I found. I was not satisfied until my situation was posted here to view the replies.

All of this paperwork and waiting time is frustrating. And we are tired of being apart.

Thank you all again for taking the time to respond to my post. I'm sure I'll continue to keep an eye on this site.

[bluebird74 34]

I recently sent in the I-130 form to Chicago as the embassy in Warsaw no longer accepts these applications.

My wife ended her work contract in Spain before we wed. I freelance back home and I am not legally allowed to work in Europe.

I would like to know If we can continue the process of getting her green card back in the States. What would be our best option? She has had her US tourist visa since 2010. Can I apply for an AOS while over there since she is my wife not my fiance?

I need some advice. It was very difficult getting married here in Poland. The paperwork was tedious but well worth it. Having to deal with more after our marriage is really a pain. It seems to never end. Some advice would go a long way.Thank you for your time.

Hello there. I will start by saying: I'm so glad I didn't have to go through the marriage process in Poland - my wife's Polish. We've met in Poland, and dated for a few years, then decided to move to the UK together, get married here and file I-130 through the Embassy. This is a much quicker and cheaper process. Obviously, you weren't able to go that route. Anyway, since you filed your I-130 in the U.S., your petition should be approved soon. Then the process starts for your wife. It will take quite a while before she's issued her IV, but be patient. Since she has her tourist visa, she can always travel to see you. When she gets some paperwork proving that she started her process of acquiring IV, when she travels to see you, I don't see why she shouldn't talked to the CB officer to make sure he gives her an ample amount of stay. It shows that she's respecting the immigration laws of the United States, but while she awaits the immigrant visa, she's visiting her lawful husband. There's nothing wrong with that. Peace of advice, when she travels to see you, she should make sure that all the paperwork that might come from the Embassy, is received by someone she can trust and she should make sure she's in Poland for all her scheduled appointments (medical, etc.).

[donnieace 0]

Hey, bluebird74. The process of getting married here in Poland was quite the experience. Weddings are much cheaper here when compared to California. Also, we Americans only need a return ticket in order to fly here. Her family and friends would all need to apply for visas and be interviewed in Warsaw. It was just easier to have the wedding here.

My mother-in-law helped us with much of the paperwork needed to marry. I had to get a lot of documents notarized and translated. It was a real pain but now it is just a distant memory. We have new documents to deal with

We got our NOA1 in the mail today. I was happy about that but we still have a long way to go. We want to head back to California even if it means my wife would be returning to Poland later in the future. I'll have to stay in the US (to work, pay rent and bills) while she's back in Poland; something that we are both dreading.

Its a tough road and I admire the people on here who have struggled to be with their loved ones.