enter US with k3 pending; accompanied by spouse

[k32007 0]

I know that this issue has been raised a few times, but wanted to add a twist. Because of some unexpected scheduling changes, my wife, our dual citizen son, and I are intending to enter the US together in a few days' time. My wife has an I-130 & I-129F (for a K3) pending. Besides providing proof of ties to her home country, is there anything else to consider if we are entering together. eg do we enter as a family unit or should she enter by herself and I enter with USC son?

Any feedback/input would be appreciated.

Brian

[YGandMAT 0]

I know that this issue has been raised a few times, but wanted to add a twist. Because of some unexpected scheduling changes, my wife, our dual citizen son, and I are intending to enter the US together in a few days' time. My wife has an I-130 & I-129F (for a K3) pending. Besides providing proof of ties to her home country, is there anything else to consider if we are entering together. eg do we enter as a family unit or should she enter by herself and I enter with USC son?

Any feedback/input would be appreciated.

Brian

How does she intend to enter the United States, with what kind of visa??

[k32007 0]

Good point...

She will enter in LAX (eg arrive via air) on Visa Waiver Program - Tourist.

We were married in US and she's visited once before, after the I-130 was submitted, but before NOA1. While she was here, we received NOA-1 & submitted I-129F.

Thanks,

Brian

[THAWAI 0]

If she enters on a tourist visa and does not tell them she is her to see her husband, and she is caught she will be denied entry, and your case will be in jepordy or slowed. If she tell the truth and she can prove she has good reason to return and not overstay they might allow entry. However, the boarder patrol do not like people entry like this and deny entry. The law is on your side but the power is in their hand. Therefore, if she is denied entry you've wasted a plan ticket, caused her and the baby problems. Only takes one boarder patrol to send her back. I've read the law and tried to understand USCIS reasoning. The way I read the law she can enter on a tourist visa as long as she does not work, returns within the allowed time, enterer the USA for the reason stated in the visa application, does not use social services. and has job in foreign country and compeling reason to return to foreign country. USCIS thinks everyone who enters the USA want to work and if married will stay in USA beyond visa allowed time, so they deny entry. I believe Home Land Security should publish this problem more clearly. Many people including myself have been seriously hurt because of this missunderstand

[k32007 0]

To clarify, we are intending to enter the country together.