DoctorM

Why doesn't your wife submit the I-130 already to get it started, and then once she has citizenship upgrade it to petition for citizen's spouse? At least it'll get the ball rolling for you and speed it up a bit.

What country where you married in? Canada, US or Saudi Arabia? If you were married somewhere other than Canada or US, you will have to go back to that country for a K3 interview, so you may want to reconsider filing the I-129F at all. Even if you married in Canada or US, the K3 and the CR1 visas are taking about the same time to process, so the K3 is basically just not worth the effort. Just file the I-130 for the CR1.

Whether you can enter the US using your B2 status at this point really is up to the border officials unfortunately. Technically speaking, and legally, yes you can. But it is up to their whim and mood, so they may deny your entry based on your wife being in the US and your pending petitions. If you drive to the border rather than fly, you at least won't lose your money on the airfare and you can just turn around and go back home.

Thanks for you reply,

I got married in U.S last year (I was F-1 student).

I have entered the U.S many times this year and last year using my B1/B2 with no problems at all, especially I'm holding a valid work-permit in Canada for couple more years.

The reason I didn't file for the I-130 is that I want to make sure that once I file for I-130 am I legally allowed to enter the U.S with B1/B2 -- for Job interviews? i.e non-immigrant potentials (and its really the truth)

The CBP asked me couple of times what's my wife's status in the U.S and I mentioned she's GC holder.

How long does is usually take from filing I-130 until receiving CR-1 , and can you work using CR-1 ?

Thanks,

I don't want to file for petition

Hello everyone,

I have a issue and would like to get your opinion.

I'm married to a GC holder who will become a US Citizen by September / October.

I'm currently a holder of B1/B2 visa that's still valid for couple more years.

The plan is, my wife will apply for I129 - I30 and then eventually for K3 Visa.

I have two important questions:

1/ I need to enter the U.S for job interviews between October and Janury 2009/2010, can I enter the U.S using my B1/B2 Visa if my petition has been approved??

2/ What's the best to manage my case?

3/ How long does it usually take to have this process done? (I live in Canada)

Thanks alot,

Is holding a temporary-resident visa in another country (work-permit) like myself means that I ::::

Move to another country intending to live there permanently.

Who ever mentioned that I intend to live permanently in Canada?

If you do not intend to immigrate, you should not apply for an immigrant visa. A permanent resident card is not a visit-whenever-you-want visa--it is for those who have immigrated and are living in the U.S. Using it for the purpose of avoiding normal visa/visit restrictions while your domicile is outside the US is fraud.

I didn't understand what you mean,

I'm not applying for B2 to enter and stay in the U.S, I have enough reasons to return back to Canada.

Moreover, I'm not currently applying to an immigrant visa, Yes in the future when my wife becomes a U.S Citizen I'll apply for G.C which makes my life easier going back and forth to U.S & Canada.

Is the 7-month period I've been working in Canada + my current employer contract (7-years) + apartment lease are considered strong ties to return to Canada, and will qualify me for a tourist visa?

Thanks,

I think what was being said is. If you apply for a greencard as soon as your wife becomes a citizen you will need to live in the US full time to be classed as a resident. so you would be better to not apply for a greencard when your wife becomes a citizen until you have finished working in Canada.

Another thing to think about is that if your wife becomes a citizen then you may find it very hard to enter the US on your B1/B2 visa as immigrant intent will then be a red flag at POE, if she remains a Greencard holder until say a year before you finish your work in canada then you should not raise too many red flags as long as you dont visit to often.

Then how can I visit my while she's in the U.S ? I don't think its practical to wait until I finish my work in Canada -after 7 years- ,, isn't there a legal way that let's me visit the U.S?

The other option is for her to become a USC and then move to canada to be with you until you are ready to immigrate to the US.

Other than that you will need to show very strong ties to the CBP to be allowed to visit and then you will always run the risk of being denied entry. They will see your wife as being a stronger tie than what you may have in canada.

As far as I know I'm elligible for a GC if my wife is a U.S Citizen,, to maintain my GC status I have to travel frequently to the U.S,, isn't this right?

What about K-3 visa? isn't this a multiple-entry visa that allows me to travel to the U.S without any problems?

Thanks,

If you do not intend to immigrate, you should not apply for an immigrant visa. A permanent resident card is not a visit-whenever-you-want visa--it is for those who have immigrated and are living in the U.S. Using it for the purpose of avoiding normal visa/visit restrictions while your domicile is outside the US is fraud.

I didn't understand what you mean,

I'm not applying for B2 to enter and stay in the U.S, I have enough reasons to return back to Canada.

Moreover, I'm not currently applying to an immigrant visa, Yes in the future when my wife becomes a U.S Citizen I'll apply for G.C which makes my life easier going back and forth to U.S & Canada.

Is the 7-month period I've been working in Canada + my current employer contract (7-years) + apartment lease are considered strong ties to return to Canada, and will qualify me for a tourist visa?

Thanks,

I think what was being said is. If you apply for a greencard as soon as your wife becomes a citizen you will need to live in the US full time to be classed as a resident. so you would be better to not apply for a greencard when your wife becomes a citizen until you have finished working in Canada.

Another thing to think about is that if your wife becomes a citizen then you may find it very hard to enter the US on your B1/B2 visa as immigrant intent will then be a red flag at POE, if she remains a Greencard holder until say a year before you finish your work in canada then you should not raise too many red flags as long as you dont visit to often.

Then how can I visit my while she's in the U.S ? I don't think its practical to wait until I finish my work in Canada -after 7 years- ,, isn't there a legal way that let's me visit the U.S?

If you do not intend to immigrate, you should not apply for an immigrant visa. A permanent resident card is not a visit-whenever-you-want visa--it is for those who have immigrated and are living in the U.S. Using it for the purpose of avoiding normal visa/visit restrictions while your domicile is outside the US is fraud.

I didn't understand what you mean,

I'm not applying for B2 to enter and stay in the U.S, I have enough reasons to return back to Canada.

Moreover, I'm not currently applying to an immigrant visa, Yes in the future when my wife becomes a U.S Citizen I'll apply for G.C which makes my life easier going back and forth to U.S & Canada.

Is the 7-month period I've been working in Canada + my current employer contract (7-years) + apartment lease are considered strong ties to return to Canada, and will qualify me for a tourist visa?

Thanks,

Hello,

I work in in Canada as a Medical docotor (resident) for the past 7 months with a (work-permit). I have an appointment with the U.S Consulate here in Canada for a B1/B2 Visa.

I'm in contract with one of the hospitals here in Canada for 7 years, and I don't intend to immigrate to the U.S at this time, I only want a way to visit my wife in U.S every couple of months.

My wife is a Green card holder but she (hopefully) will become a U.S Citizen in few months.

We will file for I-130 / I-129F once she becomes a U.S Citizen.

My question is how likely I'll be issued a tourist visa based on my case? How likely I'll allowed to enter the U.S as a visior through a U.S border?

What's the best & fastest way that allows me to visit the U.S without any problems?

Thanks everyone.