Jump to content
Sign in to follow this  
jarjar

under K3 petition but was able to get tourist visa

8 posts in this topic

Recommended Posts

Hello! Anyone out there who can help us with our next move?

My wife is a US citizen who resided in the Philippines for the past 20yrs.

Last november she petitioned me for a spousal visa, form I-130 was submitted in Manila but not the I-129 yet.

I also applied for a tourist visa last november which was granted.

We are all in the US now with our son who is an american citizen. What steps should we take next so I can stay in the US for good?

I'd appreciate all your advice!

Share this post


Link to post
Share on other sites
Filed: Timeline

What you can or cannot do depends on when you decided that you wanted to remain in the US... if you got your tourist visa and thought "ok so if I get the the US then I can remain " then you will be committing visa fraud if on the other hand you came here with the full intention of returning to your own country after your vacation is over and you have proof that you intended to do this then there is a option you can take....

Kez

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline
Hello! Anyone out there who can help us with our next move?

My wife is a US citizen who resided in the Philippines for the past 20yrs.

Last november she petitioned me for a spousal visa, form I-130 was submitted in Manila but not the I-129 yet.

I also applied for a tourist visa last november which was granted.

We are all in the US now with our son who is an american citizen. What steps should we take next so I can stay in the US for good?

I'd appreciate all your advice!

You don't need and cannot submit in Manila, an I-129F. I think your best bet is to let the CR1 or IR1 visa process play out and go back to Manila to interview for the visa. It's probably less expensive and more secure than paying an attorney to help you convince somebody you didn't intend to try to immigrate on a tourist visa.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites

ok! i just recently read some of the other forums. please don't react so badly about my question! it's just a question and was hoping only if it was possible. it's just hard to be away from someone whom you've been with for ten years. Also, it's hard for a mother to be away from her child. iam just asking if it can be done legally. rest assured that i am going back to my country if it is going to be illegal. please don't take this so negatively. i am also angry at those people who makes it hard for us to apply for the green card when they go hiding once they are in the US already.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Ireland
Timeline
one more question? what if we get married here and cancel my IR or CR application? would that be another option?

I'm confused... you refered in your initial post to your wife, and to being married. Are you married or not? If yes, you cannot get married again. If no, you filed for the wrong visa in the first lace.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline
one more question? what if we get married here and cancel my IR or CR application? would that be another option?

I'm confused... you refered in your initial post to your wife, and to being married. Are you married or not? If yes, you cannot get married again. If no, you filed for the wrong visa in the first lace.

Married is married. If you've filed an I-130 for an IR1 visa, you have declared your immigrant intent. You may visit the US but need to return to Manila for a visa interview. Staying on a visitor visa after clearly declaring your immigrant intent would be visa fraud. I'm afraid you're stuck within the immigration process you began in Manila.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...