Confused

[Bigpappa 0]

Hey there just lost atm not really sure what to do if there is a alternative then filling a petition for my spose for I-130 waitting or maybe filling a k3 aswell after or if there is a way that she can come over and be with my while she can become a citzen please help really losing hope not sure what to do

[Hotter Otter 1,211]

Well one alternative would be to go and live with her in her home country.

The K3 is pretty much obsolete so the I-130 is the best bet. Nobody seems to gain anything by filing the K3 after the I-130. If she lives in Australia then she will be able to visit you for up to 90 days while the petition is processing which will make the wait easier to deal with.

[StrawberryKiss 170]

I agree. File the I-130 and then you just have to play the waiting game. We had also filed for a K-3, but the I-130 is almost always approved first (as of now). Here is the VJ guide: http://www.visajourney.com/content/i130guide1

And as Hotter Otter said, your wife can surely visit you in the US during that process: http://www.visajourney.com/forums/topic/479894-yes-you-can-visit-ir1-cr1-version/

Btw, your wife does not become a citizen upon the approval of the visa. She only gets a (temporary - if married under 2 years) green card. The earliest you can file for naturalization when married to a US citizen is after 3 years upon your arrival in the US. (Someone please correct me if I got that wrong)

[NikLR 13,220]

Your wife will not become a citizen right away, she becomes a permanent resident aka green card holder.

Follow this guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide1 to start the process.

[Bigpappa 0]

We have been together for 3 years but was has me worried about her coming and visiting is does she have to go back aboard for the interview when the petition is still being processed and another question is these statements here BE WARNED:

You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy. J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney.

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

Have me worried about if she were to come and visit me would she be restricted to come back

[NikLR 13,220]

She must tell the truth to the CBP when she comes to visit you.

But as long as she is part of the VWP she likely won't have too many issues visiting. She should bring proof of her ties to her home country and should make her trips shorter vs longer. The longest she can stay on the VWP is 90 days so she better be on a plane going back by day 90 or else she has overstayed and will lose her ESTA privileges.

[Bigpappa 0]

What does it mean shorter vs longer does that mean she shouldn't stay for the 90 days? And how would she go about working if she could or not

[NikLR 13,220]

What does it mean shorter vs longer does that mean she shouldn't stay for the 90 days? And how would she go about working if she could or not

She cannot work in the USA. She cannot live in the USA. She cannot visit the USA with the intention of immigrating to the USA unless she has a visa which allows her to immigrate (like the CR1 or IR1 visa for example. ) It's illegal.

She can stay for the 90 days, but sometimes the CBP question longer stays more intensely.

[Bigpappa 0]

So she is allowed to visit me without the intention of staying or working and before the 90 days are up she has to leave back to australia as long as she don't overstay is she allowed to keep visiting me while the petition is in progress or is there a period in which she can't come to the usa after she leaves and does she have to be in australia for the interview we are at the part of filling the I-130 sorry asking alot of questions just don't have alot of knowledge about this stuff

[Hotter Otter 1,211]

So she is allowed to visit me without the intention of staying or working and before the 90 days are up she has to leave back to australia as long as she don't overstay is she allowed to keep visiting me while the petition is in progress or is there a period in which she can't come to the usa after she leaves and does she have to be in australia for the interview we are at the part of filling the I-130 sorry asking alot of questions just don't have alot of knowledge about this stuff

Yes she has to be in Oz for the interview and medical.

She can visit several times while the petition is pending as long as she has an ESTA and doesn't work or go over 90 days per visit. You also can't spend more time in the US than in your home country on an ESTA but she could definitely have several visits. I visited the US 3 times while mine was pending. As NLR said, the shorter the visit the less likely you are to have issues.

Edited October 4, 2014 by Hotter Otter

[NikLR 13,220]

So she is allowed to visit me without the intention of staying or working and before the 90 days are up she has to leave back to australia as long as she don't overstay is she allowed to keep visiting me while the petition is in progress or is there a period in which she can't come to the usa after she leaves and does she have to be in australia for the interview we are at the part of filling the I-130 sorry asking alot of questions just don't have alot of knowledge about this stuff

At most she can stay in the USA per 365 days is 180 days, and up to 90 days per visit.

Yes she has to have her medical and interview in Australia or wherever she is legally residing at the time.