Moving to the U.S.

[christinejohn 0]

Hello all,

I am in the south pacific and the school year ends mid-december. John and I got married last April and applied for K-3 and CR-1.

We got NOA 1 for both so far.

I am moving with my three children from my previous marriage and got the father's agreement with a court document to take the kids overseas with me.

We would like to make the move before this coming Christmas but don't know if we can since we are in the process of K-3 and CR-1? We would not work or go to school or apply for social security yet, we can stay in the U.S. for 3 month under a tourist visa waiver to start with.

What we'd like to know is if we can do it and if we can then just ask for an adjustment once there even though the visa process has already started?

Like everyone we'd love to be reunited as soon as possible and I find it so frustrating to be separated from my husband for so long that it is becoming very hard to handle.

Thank you all for your help.

[Dakine 26]

Hello all,

I am in the south pacific and the school year ends mid-december. John and I got married last April and applied for K-3 and CR-1.

We got NOA 1 for both so far.

I am moving with my three children from my previous marriage and got the father's agreement with a court document to take the kids overseas with me.

We would like to make the move before this coming Christmas but don't know if we can since we are in the process of K-3 and CR-1? We would not work or go to school or apply for social security yet, we can stay in the U.S. for 3 month under a tourist visa waiver to start with.

What we'd like to know is if we can do it and if we can then just ask for an adjustment once there even though the visa process has already started?

Like everyone we'd love to be reunited as soon as possible and I find it so frustrating to be separated from my husband for so long that it is becoming very hard to handle.

Thank you all for your help.

There isn't any adjustment you can do to speed up you and your kids living in the US.

You can come to the US and stay as long as the tourist visa will allow but you and the kids will still have to go home for the interview.

Looks like the interview will be in Suva?

[christinejohn 0]

There isn't any adjustment you can do to speed up you and your kids living in the US.

You can come to the US and stay as long as the tourist visa will allow but you and the kids will still have to go home for the interview.

Looks like the interview will be in Suva?

OK so if I understand well I can stay in the U.S. as long as my visa allows me while waiting for the visa to go through. The children don't need to go to the interview from my previous understandings so it would only be me required to go. It should be Suva, but since our immigration lawyer is based in Paris he said he'll try to require Paris for the interview. What I wanted to be sure of was if I could stay in the U.S. with a tourist visa while waiting for the K-3 / CR-1 process. Thank you for your help.

[Chica Yeyé 41]

I believe that in order to visit during your K or CR processing, you have to prove ties to your country (lease, job, etc.); or you could be denied entry - I am not sure if you can actually "wait" in the US during process - sounds unusual, but I am not an expert. I am also not familiar with whether your children would be allowed in school while processing takes place. What does your lawyer say about it?

Good luck!!!

[christinejohn 0]

I believe that in order to visit during your K or CR processing, you have to prove ties to your country (lease, job, etc.); or you could be denied entry - I am not sure if you can actually "wait" in the US during process - sounds unusual, but I am not an expert. I am also not familiar with whether your children would be allowed in school while processing takes place. What does your lawyer say about it?

Good luck!!!

Thank you for your answer.

Our lawyer... let's say he must be our biggest mistake in the immigration process... it took him a month and a half to send our I-130 and 5 months to send our I-129F... we had to insist to make him send it and even then, he screwed up and sent it to the wrong address... He made us lose about 6 months in the process already and of course barely ever answers our questions since he doesn't seem to even know himself... Not to mention how much he got paid for this and why we are thinking twice to back off now that we've already paid.

Regarding our occupation while in the U.S. we are not looking to work or go to school, we'd eventually use that time to improve our english skills and the kids could continue home schooling with a french organisation. John and I have already been apart five years and those last months are feeling like hell to us.

We just sent a question to the Suva Embassy which is the one we depend on. We'll let you know how it goes!

[Chica Yeyé 41]

Wish you the best of luck - just be careful and don't jeopardize your approval with extended stays, ok? Double check with your consulate and USCIS every step of the way. I know the wait is a pain in the rear As for the lawyer, what a @#$$%%!!!!!

Peace, L.

[Dakine 26]

I believe that in order to visit during your K or CR processing, you have to prove ties to your country (lease, job, etc.); or you could be denied entry - I am not sure if you can actually "wait" in the US during process - sounds unusual, but I am not an expert. I am also not familiar with whether your children would be allowed in school while processing takes place. What does your lawyer say about it?

Good luck!!!

Thank you for your answer.

Our lawyer... let's say he must be our biggest mistake in the immigration process... it took him a month and a half to send our I-130 and 5 months to send our I-129F... we had to insist to make him send it and even then, he screwed up and sent it to the wrong address... He made us lose about 6 months in the process already and of course barely ever answers our questions since he doesn't seem to even know himself... Not to mention how much he got paid for this and why we are thinking twice to back off now that we've already paid.

Regarding our occupation while in the U.S. we are not looking to work or go to school, we'd eventually use that time to improve our english skills and the kids could continue home schooling with a french organisation. John and I have already been apart five years and those last months are feeling like hell to us.

We just sent a question to the Suva Embassy which is the one we depend on. We'll let you know how it goes!

Just wondered if you have filed I-130s for the kids also?

[Dakine 26]

I believe that in order to visit during your K or CR processing, you have to prove ties to your country (lease, job, etc.); or you could be denied entry - I am not sure if you can actually "wait" in the US during process - sounds unusual, but I am not an expert. I am also not familiar with whether your children would be allowed in school while processing takes place. What does your lawyer say about it?

Good luck!!!

Thank you for your answer.

Our lawyer... let's say he must be our biggest mistake in the immigration process... it took him a month and a half to send our I-130 and 5 months to send our I-129F... we had to insist to make him send it and even then, he screwed up and sent it to the wrong address... He made us lose about 6 months in the process already and of course barely ever answers our questions since he doesn't seem to even know himself... Not to mention how much he got paid for this and why we are thinking twice to back off now that we've already paid.

Regarding our occupation while in the U.S. we are not looking to work or go to school, we'd eventually use that time to improve our english skills and the kids could continue home schooling with a french organisation. John and I have already been apart five years and those last months are feeling like hell to us.

We just sent a question to the Suva Embassy which is the one we depend on. We'll let you know how it goes!

Just wondered if you have filed I-130s for the kids also?

The reason I ask is if you continue with the K3 you will have to do so in the future for them to adjust status.

At the same time if you have been married more than 2 years you should consider going with the I-130 [CR-1/IR] visa as it's a MUCH MUCH better visa than the K3/K4.

You must have separate I-130 petitons for each kid tho!

CR -1 gets 2 year greencard and SSN in the mail a couple weeks after ariving in the US.

IRs get 10 year GC and SSN in the mail same trip.

No additional cost.

K3/K4s have to go thru adjusting status before they get GC or can apply for SSN unless they get EAD approval.

Cost $1010 for you and $600 each for the kids to apply for AOS.

Edited September 10, 2007 by beckypua

[pushbrk 12,246]

There isn't any adjustment you can do to speed up you and your kids living in the US.

You can come to the US and stay as long as the tourist visa will allow but you and the kids will still have to go home for the interview.

Looks like the interview will be in Suva?

OK so if I understand well I can stay in the U.S. as long as my visa allows me while waiting for the visa to go through. The children don't need to go to the interview from my previous understandings so it would only be me required to go. It should be Suva, but since our immigration lawyer is based in Paris he said he'll try to require Paris for the interview. What I wanted to be sure of was if I could stay in the U.S. with a tourist visa while waiting for the K-3 / CR-1 process. Thank you for your help.

I'm not sure what makes you think the Children don't need to go to the interview. They must be granted visas, have them affixed to their passports and enter the US using them. So, logistically, whether they must attend an actual interview isn't really the issue. They cannot remain in the US while you go to a visa interview, carrying their passports.

As for US entry for a visit, you may be required to show enough ties to convince a CBP officer you will leave before your allowed time to stay has expired.

Did you file I-130's for the children?

[christinejohn 0]

I'm not sure what makes you think the Children don't need to go to the interview. They must be granted visas, have them affixed to their passports and enter the US using them. So, logistically, whether they must attend an actual interview isn't really the issue. They cannot remain in the US while you go to a visa interview, carrying their passports.

As for US entry for a visit, you may be required to show enough ties to convince a CBP officer you will leave before your allowed time to stay has expired.

Did you file I-130's for the children?

Thank you for your answers.

You are right about the kids, I was told by our lawyer (oh dear him again...) that the kids only need to attend the medical exam and not the interview... To be double checked I guess... and of course I could not carry their passports with me if they stay in the U.S. You are right.

The kids were all included in my I-130 yes.

We are going to try to go for both K-3 AND CR-1 now. We will call in USCIS and make sure they send the I-130 NOA2 to NVC and not to NRC.