Starting the process, few questions...

[Jelisa&Ferran 0]

Hi there. First of all just congratulations for all the hard work and research done in this forum, it is really an extensive source of information for our purpose in making our life easier....

I'm Spanish citizen and I am recently married to an American woman. We met 1 year and a half ago in Ibiza island where I was working. We recently got married in Spain - just a few weeks ago. My American wife has a job starting on the 15th of February in the states, and we would like to fly there in mid January to visit her family before she starts working.

We intend to start the CR-1 Visa process, since it allows me to visit her while she is working. I think this is the process that will keep us more together. We have been browsing through the forum but there are too many variables so we would rather ask a few questions concerning our process. We don´t want to cut any corners - we want to do things correctly.

On one side we´ve seen that the CR-1 petition starts with the I-130 petition. We would like to know if we should send it in from Spain before we embark to the US (we've seen u can send it to Chicago), or if she should go first and apply for it and then I go visit the country with my VWP or 6 month tourist visa that I can apply for in the Madrid consulate.

Basicly, we are concernt to know if they are gonna be suspicious if we go into the country as a foreigner with VWP and a USA citizen and then they find out that we are on the process of applying for the CR1. Since we want to leave in few weeks, I'm sure we won't get the response before to leave, and we don't want to get any problems.

If we get interviewed on arrival (together or separate);

-What is you porpouse of this visit: To visit my wife and come to meet her family.

-Are you intending to stay in the United States?: Not for the moment, just trying to stay as long as I can with my wife while she is working, and stay until my tourist visa allows. In the future, after the CR-1 visa is completed, then we would consider. Since now we are more interested in living in Europe.

I stop here cause we have many other questions, but I prefer to go step by step.

Thanks a lot.

[Ryan H 3,812]

Answers:

• Send the I-130 when ready
• If you apply for a tourist visa, it will likely be denied unless you can A) overcome the presumption of immigrant intent {you won't} and B) convince a CO why the authorized length the VWP gives you is insufficient {you won't}. If you are denied a tourist visa, you loose your VWP privileges.
• CBP won't have any information that a petition has been filed.
• CBP has the final say on whether or not you will be granted admission, just answer the questions they have for you truthfully.

[Jelisa&Ferran 0]

Thanks for the quick response.

-From the first reply i can presume that there is no problem sending the I-130 from Spain. Right now, before we/she leaves. Is that right?

-I see that from your point of view there is no way to convince that i'm just trying to stay as long as possible with my wife as a tourist and then leave the country after the three months passed. And also understand that i shouldn't apply for a 6 month tourist visa since that seems to lead the officer to think I'd be trying to overstay illegally.

-On the I-130 there are these following questions:

Question 13: Has your relative has ever been in the US?

Question 14: If your relative is currently in the U.S., complete the following: He or she arrived as a:

If we file right now before she leaves the answers are no and no.

But if i follow her to the states a few weeks later will it make our answers incorrect?

How long does it take for them to process the file?

Or is it a better idea for both of us to go together and then file the I-130?

[NikLR 13,227]

Don't over share with the cbp. Be concise and truthful. Don't say not at the moment blah blah blah, when the answer right now is No, my home is in Spain. Bring proof of that if asked and use the VWP. Make sure to leave BEFORE the 90 days and give yourself time to rebook in case a flight is cancelled due to weather.

Read the guides and wiki guides on how to start the process. They give you everything step by step.

Welcome to your visa journey!

[NikLR 13,227]

Send the i-130 now. It doesn't matter if you visit while the petition is processing. That is allowed. The petition normally takes from 2-8 months with an average of 6. Then you have 4-6 months with the NVC submitting documents etc. They book your interview, you book and attend a medical exam with a panel physician. Then interview. Then if approved enter the usa within 6 months of your medical.

Edited December 26, 2014 by NLR

[Ryan H 3,812]

Answers in bold and red:

Thanks for the quick response.

-From the first reply i can presume that there is no problem sending the I-130 from Spain. Right now, before we/she leaves. Is that right? Correct

-I see that from your point of view there is no way to convince that i'm just trying to stay as long as possible with my wife as a tourist and then leave the country after the three months passed. And also understand that i shouldn't apply for a 6 month tourist visa since that seems to lead the officer to think I'd be trying to overstay illegally.

Having a US Citizen spouse essentially supersedes any "strong tie" you may have to your home country. By law, a CO is required to assume that a tourist visa applicant has presumed immigrant intent and that can only be overcome by the applicant showing strong ties to their country. The issue isn't overstaying illegally, the issue is improper use of a visa.

-On the I-130 there are these following questions:

Question 13: Has your relative has ever been in the US?

Question 14: If your relative is currently in the U.S., complete the following: He or she arrived as a:

If we file right now before she leaves the answers are no and no.

But if i follow her to the states a few weeks later will it make our answers incorrect?

Make it easy on yourselves and complete the I-130 as soon as you can, before any travel to the US.

How long does it take for them to process the file? What NLR said.

Or is it a better idea for both of us to go together and then file the I-130? IMO, no