Entered US as tourist and applying for I-130/ I-485

[Tinker77 0]

Hi everyone,

My wife and I married in Canada in 2005 (she is American) and we lived there for a few years. Nine months ago we entered the US together and I entered as a tourist (visiting). She got a good job in the US and we came down together. At the boarder I said that I was entering for a visit and they didn't ask if we were married.

I knew/ know almost nothing about this process but was told that I needed to file for Adjustment of Status if I wanted to stay. So, last month we sent off all of the papers for I-130, I-485, I-131 and Employment Authorization. I've noticed on certain websites that I was supposed to get a K-3 visa since we were already married before I came here... is this true?

Is the fact that I didn't apply for K-3 visa going to affect my application for Residence?

Please, anyone who can shed any light - I feel like I'm completely clueless.

Thank you

[john_and_marlene 162]

Hi everyone,

My wife and I married in Canada in 2005 (she is American) and we lived there for a few years. Nine months ago we entered the US together and I entered as a tourist (visiting). She got a good job in the US and we came down together. At the boarder I said that I was entering for a visit and they didn't ask if we were married.

I knew/ know almost nothing about this process but was told that I needed to file for Adjustment of Status if I wanted to stay. So, last month we sent off all of the papers for I-130, I-485, I-131 and Employment Authorization. I've noticed on certain websites that I was supposed to get a K-3 visa since we were already married before I came here... is this true?

Is the fact that I didn't apply for K-3 visa going to affect my application for Residence?

Please, anyone who can shed any light - I feel like I'm completely clueless.

Thank you

If your plan was to use a visit entry to immigrate (stay with your wife without returning to Canada to apply for an immigrant visa), then you have a problem.

[Tinker77 0]

Hi everyone,

My wife and I married in Canada in 2005 (she is American) and we lived there for a few years. Nine months ago we entered the US together and I entered as a tourist (visiting). She got a good job in the US and we came down together. At the boarder I said that I was entering for a visit and they didn't ask if we were married.

I knew/ know almost nothing about this process but was told that I needed to file for Adjustment of Status if I wanted to stay. So, last month we sent off all of the papers for I-130, I-485, I-131 and Employment Authorization. I've noticed on certain websites that I was supposed to get a K-3 visa since we were already married before I came here... is this true?

Is the fact that I didn't apply for K-3 visa going to affect my application for Residence?

Please, anyone who can shed any light - I feel like I'm completely clueless.

Thank you

If your plan was to use a visit entry to immigrate (stay with your wife without returning to Canada to apply for an immigrant visa), then you have a problem.

What kind of problem? What should I do? Has anyone gone through this before?

[YuAndDan 153]

Tourist visas are for visiting the USA, NOT immigrating. There are visas for immigrating, K-3 or IR-1

It is one thing for a person to visit the USA, meet someone and on the fly decide to marry, and then adjust. Immigrations was not the intent when entering the USA, however this quite a different thing when a couple are already married BEFORE entry to the USA to move to the USA to live is clear cut immigrations intent.

This is clear in the guide:

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

http://www.visajourney.com/forums/index.ph...page=i130guide2 Edited February 22, 2008 by YuAndDan

[Tinker77 0]

Tourist visas are for visiting the USA, NOT immigrating. There are visas for immigrating, K-3 or IR-1

It is one thing for a person to visit the USA, meet someone and on the fly decide to marry, and then adjust. Immigrations was not the intent when entering the USA, however this quite a different thing when a couple are already married BEFORE entry to the USA to move to the USA to live is clear cut immigrations intent.

This is clear in the guide:

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

http://www.visajourney.com/forums/index.ph...page=i130guide2

I wow! Now I'm freaking out. I didn't really know any of this.

[athena_ny 1]

Tourist visas are for visiting the USA, NOT immigrating. There are visas for immigrating, K-3 or IR-1

It is one thing for a person to visit the USA, meet someone and on the fly decide to marry, and then adjust. Immigrations was not the intent when entering the USA, however this quite a different thing when a couple are already married BEFORE entry to the USA to move to the USA to live is clear cut immigrations intent.

This is clear in the guide:

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

http://www.visajourney.com/forums/index.ph...page=i130guide2

I wow! Now I'm freaking out. I didn't really know any of this.

Then go back and file for a K-3 or IR-1. I can assure you the people at VJ are not going to help you find ways around US immigration law, and it's against TOS to encourage illegal activity. Your best option is to return and do it correctly, since it appears from your responses that your intent WAS to immigrate.

[Tinker77 0]

Tourist visas are for visiting the USA, NOT immigrating. There are visas for immigrating, K-3 or IR-1

It is one thing for a person to visit the USA, meet someone and on the fly decide to marry, and then adjust. Immigrations was not the intent when entering the USA, however this quite a different thing when a couple are already married BEFORE entry to the USA to move to the USA to live is clear cut immigrations intent.

This is clear in the guide:

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

http://www.visajourney.com/forums/index.ph...page=i130guide2

I wow! Now I'm freaking out. I didn't really know any of this.

Then go back and file for a K-3 or IR-1. I can assure you the people at VJ are not going to help you find ways around US immigration law, and it's against TOS to encourage illegal activity. Your best option is to return and do it correctly, since it appears from your responses that your intent WAS to immigrate.

I'm not asking for help with breaking the laws. I just wanted to know if there was any way to correct my error since I just figured out that there WAS an error on my part.

I didn't know any of this.

[athena_ny 1]

Tourist visas are for visiting the USA, NOT immigrating. There are visas for immigrating, K-3 or IR-1

It is one thing for a person to visit the USA, meet someone and on the fly decide to marry, and then adjust. Immigrations was not the intent when entering the USA, however this quite a different thing when a couple are already married BEFORE entry to the USA to move to the USA to live is clear cut immigrations intent.

This is clear in the guide:

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

http://www.visajourney.com/forums/index.ph...page=i130guide2

I wow! Now I'm freaking out. I didn't really know any of this.

Then go back and file for a K-3 or IR-1. I can assure you the people at VJ are not going to help you find ways around US immigration law, and it's against TOS to encourage illegal activity. Your best option is to return and do it correctly, since it appears from your responses that your intent WAS to immigrate.

I'm not asking for help with breaking the laws. I just wanted to know if there was any way to correct my error since I just figured out that there WAS an error on my part.

I didn't know any of this.

And I'm saying the way to correct it is to go back to Canada. There's no way to fix that you entered the country with intent to immigrate once you've done it.

[YuAndDan 153]

I'm not asking for help with breaking the laws. I just wanted to know if there was any way to correct my error since I just figured out that there WAS an error on my part.

I didn't know any of this.

Just glad you found this board, and I do understand how this can be overlooked, research is the best first step.

Good Luck.

[LoriLawless 1]

Sorry that coming here had to be bad news for you.

Hope things work out.

[Kez/JWolf 6]

STOP ALL THIS INCORRECT INFO NOW..... YOU ARE ALL ###### ABOUT WITH SOMEONES LIFE......

To the OP if when you entered the USA you did not have any intention of remaining and were just coming for a visit and then after your entry you changed your mind... you are allowed to file for AOS exactly the way you have done so....

The fact that you were all ready married does not matter... you are an immediate relative of a USC and are allowed to file for AOS as long as you were legally inspected on entry... there has been many cases of a married couple changing their minds once the spouse is here for a visit and they have all done AOS and had no issues....

If you need some reassurance then make an appointment with a good immigration lawyer to go over your case and advise if you have anything to worry about.....

DO NOT DO AS PEOPLE HERE HAVE SUGGESTED AND LEAVE THE USA..... IF YOU DO YOU WILL BE DEEMED TO HAVE ABANDONED YOUR AOS....

Kez

[LoriLawless 1]

Wait. You've been here nine months? Definitely contact an immigration attorney!

[athena_ny 1]

STOP ALL THIS INCORRECT INFO NOW..... YOU ARE ALL ###### ABOUT WITH SOMEONES LIFE......

To the OP if when you entered the USA you did not have any intention of remaining and were just coming for a visit and then after your entry you changed your mind... you are allowed to file for AOS exactly the way you have done so....

The fact that you were all ready married does not matter... you are an immediate relative of a USC and are allowed to file for AOS as long as you were legally inspected on entry... there has been many cases of a married couple changing their minds once the spouse is here for a visit and they have all done AOS and had no issues....

If you need some reassurance then make an appointment with a good immigration lawyer to go over your case and advise if you have anything to worry about.....

DO NOT DO AS PEOPLE HERE HAVE SUGGESTED AND LEAVE THE USA..... IF YOU DO YOU WILL BE DEEMED TO HAVE ABANDONED YOUR AOS....

Kez

You seriously need to calm down.

When told that if he/she had immigrant intent, they have a problem, the OP definitely said "What kind of problem? What should I do? Has anyone gone through this before?"

No one is telling them to go back if they did not have immigrant intent. The OP is insinuating with their responses that they entered with the intent to immigrate. If they didn't have intent, it's up to them to say that. I'm not going to stuff words in their mouth.

Unless you're suggesting that they misrepresent themselves if they did indeed have intent. I'm not going to tell them to say they changed their mind after entering if that's not what happened. You can bear that one if you wish.

Edited February 22, 2008 by athena_ny

[Kez/JWolf 6]

STOP ALL THIS INCORRECT INFO NOW..... YOU ARE ALL ###### ABOUT WITH SOMEONES LIFE......

To the OP if when you entered the USA you did not have any intention of remaining and were just coming for a visit and then after your entry you changed your mind... you are allowed to file for AOS exactly the way you have done so....

The fact that you were all ready married does not matter... you are an immediate relative of a USC and are allowed to file for AOS as long as you were legally inspected on entry... there has been many cases of a married couple changing their minds once the spouse is here for a visit and they have all done AOS and had no issues....

If you need some reassurance then make an appointment with a good immigration lawyer to go over your case and advise if you have anything to worry about.....

DO NOT DO AS PEOPLE HERE HAVE SUGGESTED AND LEAVE THE USA..... IF YOU DO YOU WILL BE DEEMED TO HAVE ABANDONED YOUR AOS....

Kez

You seriously need to calm down.

When told that if he/she had immigrant intent, they have a problem, the OP definitely said "What kind of problem? What should I do? Has anyone gone through this before?"

No one is telling them to go back if they did not have immigrant intent. The OP is insinuating with their responses that they entered with the intent to immigrate.

Unless you're suggesting that they misrepresent themselves. I'm not going to tell them to say they changed their mind after entering. You can bear that one if you wish.

I am very calm thank you..... go back and re-read the entire thread and you will see that everyone said you will have a problem, the OP has been accused of breaking the law... trying to get people on VJ to help him break the law.... when all along not one of you has any experience of his situation or what the law allows for and does not allow for in his situation....

Has the OP actually said he came with immigrant intent???? NO he has not, he said he came for a visit... his wife then found a good job and he wanted to stay...

Kez

Edited February 22, 2008 by Kezzie

[athena_ny 1]

STOP ALL THIS INCORRECT INFO NOW..... YOU ARE ALL ###### ABOUT WITH SOMEONES LIFE......

To the OP if when you entered the USA you did not have any intention of remaining and were just coming for a visit and then after your entry you changed your mind... you are allowed to file for AOS exactly the way you have done so....

The fact that you were all ready married does not matter... you are an immediate relative of a USC and are allowed to file for AOS as long as you were legally inspected on entry... there has been many cases of a married couple changing their minds once the spouse is here for a visit and they have all done AOS and had no issues....

If you need some reassurance then make an appointment with a good immigration lawyer to go over your case and advise if you have anything to worry about.....

DO NOT DO AS PEOPLE HERE HAVE SUGGESTED AND LEAVE THE USA..... IF YOU DO YOU WILL BE DEEMED TO HAVE ABANDONED YOUR AOS....

Kez

You seriously need to calm down.

When told that if he/she had immigrant intent, they have a problem, the OP definitely said "What kind of problem? What should I do? Has anyone gone through this before?"

No one is telling them to go back if they did not have immigrant intent. The OP is insinuating with their responses that they entered with the intent to immigrate.

Unless you're suggesting that they misrepresent themselves. I'm not going to tell them to say they changed their mind after entering. You can bear that one if you wish.

I am very calm thank you..... go back and re-read the entire thread and you will see that everyone said you will have a problem, the OP has been accused of breaking the law... trying to get people on VJ to help him break the law.... when all along not one of you has any experience of his situation or what the law allows for and does not allow for in his situation....

Kez

If he doesn't have intent, he needs to say it.

Otherwise, everyone is left to assume from the nature of the responses that he did. And if YOU read the OP, you'll see the good job came before they entered according to him.

(And honestly, I don't need to be preached to. You don't have experience coming in already married either.)

Edited February 22, 2008 by athena_ny