Please help us Settle an argument about the Spouse visa process

[MW9999 6]

Hi everyone, 

 

I hope you'll be able to help me out with some questions regarding spousal visas. Here's the situation. I'm from the UK, my wife is from the US (Florida) and we got married 8 years ago while we were both working in the UAE. We decided to leave the UAE earlier this year at which time she repatriated to the US and I returned to the UK (I hadn't seen family in about 2 years due to Covid and figured it was best to do so before applying for visas). Anyway my wife and I are currently trying to figure out how to start the process of applying for my spouse visa to the USA and we need an argument settled. She is of the opinion that I can enter the USA on my B2 visa and we can then file the I-130 once I'm in the country and I can wait it out there. This doesn't seem right to me as the B2 is classified as a tourist visa. I'm of the opinion that we need to submit the I-130 before I travel to the states and that to enter the US while it is processing I'll need to file for a K3 visa. Can anyone advise us as to which route we should follow?

Thanks in advance,

 

Matt.

[Chancy 6,233]

10 minutes ago, MW9999 said:

She is of the opinion that I can enter the USA on my B2 visa and we can then file the I-130 once I'm in the country and I can wait it out there.

 

It is illegal to travel to the US with pre-conceived intent to stay and adjust status.  Don't do this.  It's fraud.

 

If you are outside the US, the only legal path for you is to apply for an IR1 spouse visa through the US consulate in your country.  That process starts with your wife filing an I-130 petition for you.  You may travel to the US for short visits, but you cannot wait out the entire process in the US.

 

[MW9999 6]

1 hour ago, Chancy said:

 

It is illegal to travel to the US with pre-conceived intent to stay and adjust status.  Don't do this.  It's fraud.

 

If you are outside the US, the only legal path for you is to apply for an IR1 spouse visa through the US consulate in your country.  That process starts with your wife filing an I-130 petition for you.  You may travel to the US for short visits, but you cannot wait out the entire process in the US.

 

Thanks for the feedback Chancy, that's what I figured but always like to double check with those in the know. Take Care

[Chancy 6,233]

7 minutes ago, MW9999 said:

Thanks for the feedback Chancy, that's what I figured but always like to double check with those in the know.

 

You're welcome.  By the way, the K3 option is practically dead.  Some petitioners have filed an I-129F petition for their spouse anyway, in the hope of "nudging" their I-130 petition processing along.  No verifiable evidence that approach actually works but it is free to try.  Just don't expect that it will result in a K3 visa that will allow you to stay in the US to wait out the IR1 visa process.

 

Edited November 10, 2021 by Chancy
typo

[shumway1756 304]

Chiming in, the K3 is indeed dead. I tried that to get my wife to the US faster. They actually closed the I-129F a few months before adjudicating the I-130, "because the applicant or petitioner received a status or benefit through other means". So if they pick up the I-129F, and see the pending I-130, they're just going to outright kill it.

 

In the end it was a good thing. Assuming the K3 had worked out, it wouldn't have reduced the wait by much, and we would have had to file for adjustment of status later. Better to wait a short bit more and get the green card straight away. But again.. Not going to happen that way anyway.

[Kirkwood 3]

K3 is dead, used to serve an alternative for the long wait time of the i130 ling ago.  Recommend u do i130, come visit here if u want, i130 runs around 11 months avrage ur milage me vary. B2 option could revoke ur i130 petition request on ur visa interview, fogettaboutit.

 

HTH...

[From_CAN_2_US 1,097]

As others have advised, IR1 is the route for you. Just so you know, this is about a 9 - 24 month long process. It all mainly hinges on how long the first step, i130 takes to get approved. If you are lucky this can be 2-3 months, but many wait 9-12 months. The second step is at NVC which can take 1 - 3 months, and then the wait for interview.

 

You’re lucky! Being in the UK, you will be interviewing at London, which right now has next to no backlog. So you would get your interview within 2 months of documentarily qualifying.

 

 

[Wuozopo 4,285]

13 hours ago, MW9999 said:

She is of the opinion that I can enter the USA on my B2 visa and we can then file the I-130 once I'm in the country and I can wait it out there

People do that and it works, even entering on Visa waiver Progam with an ESTA clearance. But if you plan it in advance to circumvent immigration processes you are considered as committing fraud. There is a whole forum on here called “Adjustment of Status from Work, Student, & Tourist Visas”. If you fail to get approved after entering on VWP, you have no apppeal.

[HRQX 4,145]

8 minutes ago, Wuozopo said:

But if you plan it in advance to circumvent immigration processes you are considered as committing fraud.

Yup, preconceived intent to AOS from VWP or B-2, etc. is not allowed.

 

At POE, he must be honest with the CBP officer and the officer will deny him entry as inadmissible for being an intending immigrant without a visa that permits immigrant intent; see INA 212(a)(7)(A)(i)(I).

Edited November 11, 2021 by HRQX

[JMPM 507]

20 hours ago, Chancy said:

 

You're welcome.  By the way, the K3 option is practically dead.  Some petitioners have filed an I-129F petition for their spouse anyway, in the hope of "nudging" their I-130 petition processing along.  No verifiable evidence that approach actually works but it is free to try.  Just don't expect that it will result in a K3 visa that will allow you to stay in the US to wait out the IR1 visa process.

 

K3 approach worked for us in Nebraska, worked with another buddy when I transferred work areas, found out a coworker just filed his I-130 for his wife in Thailand, told him to file the K3, and he was done within 3 months. His mistake was the NVC process he took awhile, then his wife took awhile, got stuck pandemic wise for a bit almost ran out of time on the visa when she finally got here.  but to repeat it's dead now 

Edited November 11, 2021 by JMPM

[Crazy Cat 39,262]

16 hours ago, shumway1756 said:

Chiming in, the K3 is indeed dead. I tried that to get my wife to the US faster. They actually closed the I-129F a few months before adjudicating the I-130, "because the applicant or petitioner received a status or benefit through other means". So if they pick up the I-129F, and see the pending I-130, they're just going to outright kill it.

 

In the end it was a good thing. Assuming the K3 had worked out, it wouldn't have reduced the wait by much, and we would have had to file for adjustment of status later. Better to wait a short bit more and get the green card straight away. But again.. Not going to happen that way anyway.

Thanks for that report.  I have not heard of that trick working in quite a while.  By the way, your name looks really familiar.  

[Crazy Cat 39,262]

21 hours ago, MW9999 said:

She is of the opinion that I can enter the USA on my B2 visa and we can then file the I-130 once I'm in the country and I can wait it out there.

While visiting is legal during the process, entering the US as a visitor with the intent to stay and adjust status is illegal.  

Welcome to VJ, the best place on the interwebs for accurate immigration information. We don't judge here, but we are honest (sometime brutally honest)....😁

 

Edited November 11, 2021 by Crazy Cat

[JeanneAdil 6,202]

While you're waiting look into the process to get the criminal report from the UAE (just for the UK spouse) as it will be needed for the 2nd stage NVC and interview 

i hear it is a long wait to get one and to bad u didn't get it before leaving the UAE

for no longer in UAE the following site will help

 

https://u.ae/en/information-and-services/justice-safety-and-the-law/police-clearance-certificate

[Redro 4,600]

2 hours ago, JMPM said:

K3 approach worked for us in Nebraska, worked with another buddy when I transferred work areas, found out a coworker just filed his I-130 for his wife in Thailand, told him to file the K3, and he was done within 3 months. His mistake was the NVC process he took awhile, then his wife took awhile, got stuck pandemic wise for a bit almost ran out of time on the visa when she finally got here.  but to repeat it's dead now 

When did you file the K3? And how long after you filed did you receive your NOA2?

And with your buddy, when did they get their NOA2? 3 months after NOA1 or 3 months after the K3 was filed?

 

1 hour ago, Crazy Cat said:

Thanks for that report.  I have not heard of that trick working in quite a while.  By the way, your name looks really familiar.  

According to his timeline JMPM got his NOA 1 2019/2 and the petition was approved 2019/ 7. 

Not sure if you consider that a recent approval or not. 

[HRQX 4,145]

1 hour ago, Kor2USA said:

Not sure if you consider that a recent approval or not. 

One of the more recent ones was Strawberrymermaid: