Visit husband on tourist visa and then adjust status?

[Todd-Leah 0]

Please forgive me if this is going to sound stupid and ignorant to you.

We were married since Apr 2005 and lived in Malaysia for 1 1/2 years. My husband went back to US to care for his sick parents (both had cancer). The original plan was for him to come back here after helping them to settle down at the retirement home. But, things changed and we decided that it's better for me to move to the US.

We have been separated for more than a year and we are looking to get me over to US. We have looked at the time line for I-130 and K3 visa, it seems it will take a while to be united again!!

On the other hand, I have a B1 visa that valid for 10 years (which I had before we were married). Since I can continue to work for myself (I work mostly online), the problem of not being able to work under a B1 visa may not pose a problem to me.

We had a civil wedding and never bother to take wedding photos, have separate bank accounts. The house and business are all in my name only because I had them before we were married. So, we wonder whether it's possible for me to visit him, gather more evidences of a bona fide marriage and then apply to adjust the status in the US before the date on the I-94 expired?

Leah

[john_and_marlene 162]

Please forgive me if this is going to sound stupid and ignorant to you.

We were married since Apr 2005 and lived in Malaysia for 1 1/2 years. My husband went back to US to care for his sick parents (both had cancer). The original plan was for him to come back here after helping them to settle down at the retirement home. But, things changed and we decided that it's better for me to move to the US.

We have been separated for more than a year and we are looking to get me over to US. We have looked at the time line for I-130 and K3 visa, it seems it will take a while to be united again!!

On the other hand, I have a B1 visa that valid for 10 years (which I had before we were married). Since I can continue to work for myself (I work mostly online), the problem of not being able to work under a B1 visa may not pose a problem to me.

We had a civil wedding and never bother to take wedding photos, have separate bank accounts. The house and business are all in my name only because I had them before we were married. So, we wonder whether it's possible for me to visit him, gather more evidences of a bona fide marriage and then apply to adjust the status in the US before the date on the I-94 expired?

Leah

It is illegal to use a tourist visa with the intent of immigration. Since you are already married, the intent is fairly clear. You will need to apply for a spousal visa.

You can visit him with the visit visa while waiting.

[Todd-Leah 0]

It is illegal to use a tourist visa with the intent of immigration. Since you are already married, the intent is fairly clear. You will need to apply for a spousal visa.

You can visit him with the visit visa while waiting.

I think there is a potential of running into "fraud" for visiting with the intention of migrating, not sure about the illegal part.

Are you saying that it's alright to visit when a I-130 or K3 visa is pending? Or is it possible to start filing I-130 and then I-129F while I am still visiting?

Leah

Edited February 14, 2008 by ToddS

[john_and_marlene 162]

It is illegal to use a tourist visa with the intent of immigration. Since you are already married, the intent is fairly clear. You will need to apply for a spousal visa.

You can visit him with the visit visa while waiting.

I think there is a potential of running into "fraud" for visiting with the intention of migrating, not sure about the illegal part.

Are you saying that it's alright to visit when a I-130 or K3 visa is pending? Or is it possible to start filing I-130 and then I-129F while I am still visiting?

Leah

Fraud is illegal.

I am saying that you can visit when an I-130 or K3 is pending. The forms can be filed while you are visiting.

You will have to interview in the foreign consulate to get the immigrant visa or K3 regardless of where you are when it is filed or when the interview is scheduled.

You won't be able to legally stay in the US the entire time the visa is processing and you cannot adjust status without first leaving and getting the visa and returning. If you overstay your authorized visit by more than 180 days you will incur a 3 year ban that may or may not be waivered in order to get the visa from the consulate.

If you try to shortcut the immigration path by using the visit visa, you may find yourself without either one.

Edited February 14, 2008 by john_and_marlene

[Todd-Leah 0]

Fraud is illegal.

I am saying that you can visit when an I-130 or K3 is pending. The forms can be filed while you are visiting.

You will have to interview in the foreign consulate to get the immigrant visa or K3 regardless of where you are when it is filed or when the interview is scheduled.

You won't be able to legally stay in the US the entire time the visa is processing and you cannot adjust status without first leaving and getting the visa and returning. If you overstay your authorized visit by more than 180 days you will incur a 3 year ban that may or may not be waivered in order to get the visa from the consulate.

TQ for answering my question about whether the forms can be filed while I am still visiting. I have no intention to overstay. I do plan to go home before the date stamps on the I-94 expires. Our concern is whether my present in the US will impede the process of I-130 and I-129F ?

On a separate note, it's possible to file for extension for B1 visa for another 180 days (which I did many years ago). I was able to stay for close to a year and came home before the I-94 expired.

[Brian&Mel 0]

Leah,

You can perhaps do a Direct Consular Filling. This route is much faster and you may reunite with your husband sooner. This route is specifically for both partners residing outside USA. Infomation found on Guides column in VJ. Perhaps you can venture further.

What Is DCF?

DCF or Direct Consular Filing is the colloquial term for filing an Immediate Relative (spouse, child, parent) petition I-130 overseas, rather than through the US Service Center. The goal is Permanent Resident status, also know as a Green Card. Residents holding this card have permission to live, work and travel in the US. Many K Visa holders get this status after completing their AOS/Adjustment of Status.

If the US Citizen lives overseas, they may always file the I-130 for a foreign spouse, child or parent at the US Consulate OR the USCIS Field Office serving their residence abroad. An I-130 filed abroad is adjudicated (decided) in a very short time, certainly faster than a US Service Center. Upon approval, the foreign spouse applies for an Immigrant Visa (class CR-1 or IR-1). In some countries, the USC may file the I-130 at the Consulate, even if they are not resident abroad. This is the most common use of the DCF term.

It is not a good idea to enter US with immigrant intent as it is considered as fraud. You may visit your huband while your I-130/I-129 is pending but do not stay to adjust your status. If you are unsure, perhaps you can hire a good attorney. This is a fabolous site, you can get all the information here. Hubby and I thought of hiring an attorney, but changed our mind after being introduced to this site.

Good luck!

[pushbrk 13,119]

Leah,

You can perhaps do a Direct Consular Filling. This route is much faster and you may reunite with your husband sooner. This route is specifically for both partners residing outside USA. Infomation found on Guides column in VJ. Perhaps you can venture further.

What Is DCF?

DCF or Direct Consular Filing is the colloquial term for filing an Immediate Relative (spouse, child, parent) petition I-130 overseas, rather than through the US Service Center. The goal is Permanent Resident status, also know as a Green Card. Residents holding this card have permission to live, work and travel in the US. Many K Visa holders get this status after completing their AOS/Adjustment of Status.

If the US Citizen lives overseas, they may always file the I-130 for a foreign spouse, child or parent at the US Consulate OR the USCIS Field Office serving their residence abroad. An I-130 filed abroad is adjudicated (decided) in a very short time, certainly faster than a US Service Center. Upon approval, the foreign spouse applies for an Immigrant Visa (class CR-1 or IR-1). In some countries, the USC may file the I-130 at the Consulate, even if they are not resident abroad. This is the most common use of the DCF term.

It is not a good idea to enter US with immigrant intent as it is considered as fraud. You may visit your huband while your I-130/I-129 is pending but do not stay to adjust your status. If you are unsure, perhaps you can hire a good attorney. This is a fabolous site, you can get all the information here. Hubby and I thought of hiring an attorney, but changed our mind after being introduced to this site.

Good luck!

The US Citizen doesn't live abroad, so no DCF is available.

You can try to extend the granted stay of 180 days. There's no gaurantee.

[Brian&Mel 0]

Leah,

You can perhaps do a Direct Consular Filling. This route is much faster and you may reunite with your husband sooner. This route is specifically for both partners residing outside USA. Infomation found on Guides column in VJ. Perhaps you can venture further.

What Is DCF?

DCF or Direct Consular Filing is the colloquial term for filing an Immediate Relative (spouse, child, parent) petition I-130 overseas, rather than through the US Service Center. The goal is Permanent Resident status, also know as a Green Card. Residents holding this card have permission to live, work and travel in the US. Many K Visa holders get this status after completing their AOS/Adjustment of Status.

If the US Citizen lives overseas, they may always file the I-130 for a foreign spouse, child or parent at the US Consulate OR the USCIS Field Office serving their residence abroad. An I-130 filed abroad is adjudicated (decided) in a very short time, certainly faster than a US Service Center. Upon approval, the foreign spouse applies for an Immigrant Visa (class CR-1 or IR-1). In some countries, the USC may file the I-130 at the Consulate, even if they are not resident abroad. This is the most common use of the DCF term.

It is not a good idea to enter US with immigrant intent as it is considered as fraud. You may visit your huband while your I-130/I-129 is pending but do not stay to adjust your status. If you are unsure, perhaps you can hire a good attorney. This is a fabolous site, you can get all the information here. Hubby and I thought of hiring an attorney, but changed our mind after being introduced to this site.

Good luck!

The US Citizen doesn't live abroad, so no DCF is available.

You can try to extend the granted stay of 180 days. There's no gaurantee.

What if the USC used to live in Malaysia as mentioned by Leah? Or is it possible if the USC goes back to Malaysia and file for DCF?

Edited February 17, 2008 by Brian&Mel

[diadromous mermaid 36]

On the other hand, I have a B1 visa that valid for 10 years (which I had before we were married). Since I can continue to work for myself (I work mostly online), the problem of not being able to work under a B1 visa may not pose a problem to me.

There are only a few duties that can be performed (in terms of work) while in the US on a B1/B2. As far as I can see, unless you fall into a very select category of worker, Online is not one of them.

On a separate note, it's possible to file for extension for B1 visa for another 180 days (which I did many years ago). I was able to stay for close to a year and came home before the I-94 expired.

Hmm. Were you married to a US citizen residing in the USA the last time you were able to extend your B1?

[pushbrk 13,119]

Leah,

You can perhaps do a Direct Consular Filling. This route is much faster and you may reunite with your husband sooner. This route is specifically for both partners residing outside USA. Infomation found on Guides column in VJ. Perhaps you can venture further.

What Is DCF?

DCF or Direct Consular Filing is the colloquial term for filing an Immediate Relative (spouse, child, parent) petition I-130 overseas, rather than through the US Service Center. The goal is Permanent Resident status, also know as a Green Card. Residents holding this card have permission to live, work and travel in the US. Many K Visa holders get this status after completing their AOS/Adjustment of Status.

If the US Citizen lives overseas, they may always file the I-130 for a foreign spouse, child or parent at the US Consulate OR the USCIS Field Office serving their residence abroad. An I-130 filed abroad is adjudicated (decided) in a very short time, certainly faster than a US Service Center. Upon approval, the foreign spouse applies for an Immigrant Visa (class CR-1 or IR-1). In some countries, the USC may file the I-130 at the Consulate, even if they are not resident abroad. This is the most common use of the DCF term.

It is not a good idea to enter US with immigrant intent as it is considered as fraud. You may visit your huband while your I-130/I-129 is pending but do not stay to adjust your status. If you are unsure, perhaps you can hire a good attorney. This is a fabolous site, you can get all the information here. Hubby and I thought of hiring an attorney, but changed our mind after being introduced to this site.

Good luck!

The US Citizen doesn't live abroad, so no DCF is available.

You can try to extend the granted stay of 180 days. There's no gaurantee.

What if the USC used to live in Malaysia as mentioned by Leah? Or is it possible if the USC goes back to Malaysia and file for DCF?

DCF filing requirements are stated in the present tense.

[Todd-Leah 0]

We inquired about it sometime ago, were told by the consulate in KL that we can't do DCF.

Ok, getting the ball rolling (much much delay), mailing out the signed G325A and passport photo to hubby tomorrow.

[Todd-Leah 0]

Hmm. Were you married to a US citizen residing in the USA the last time you were able to extend your B1?

Nope. :-)

I worked online and traveled.

There are a lot of work you can do with good internet connection while you travel the world. :-)

Leah

[Todd-Leah 0]

You can try to extend the granted stay of 180 days. There's no gaurantee.

The point is to keep the I-94 in status, as efficient as USCIS, it can take months to process the extension application, while the process is pending, it's in status.

Last time, it took them about 5 months to reply whether the application to extend the I-94 is approved or not, by that time, I was ready to go home. :-)