Tourist Visa while filing for I-130

[AddyG 0]

I have 2 questions:

Background:

I'm Canadian and my husband is American. We are planning to start the K-3 process in April so I can gain permanent residency there. I realize that while the I-129F paperwork is processing it will be very difficult for me to visit the US on a tourist visa. So we came up with a plan.

I would like to enter the US on a tourist visa just before we submit any K-3 paperwork. As soon as I arrive we will then submit the I-130. That way I can be with my hubby 6 months during all this processing. Obviously after my tourist Visa runs out I will have to spend the rest of the time back in Canada until I actually get my K-3 interview.

Question #1) Does this sound like a bad idea?

If we do this, question 14 on the I-130 does ask for the I-94 Record, but i've never received one of these before when entering the US. The I-94 instructions even say "This form must be completed by all persons except U.S.Citizens, returning resident aliens, aliens with immigrant visas, and Canadian Citizens visiting or in transit."

Question #2) Assuming I'm in the US on tourist visa when we send off the I-130, how should I answer the "Arrival/Departure Record (I-94)" question on the I-130 form?

Thx,

A&M

[moiraesfate 0]

I'm Canadian with an American husband as well.

A word of advice, I know its hard but don't do it. If you are in the country while its in processing and it gets refused then you must leave the country and wait a certain amount of time before you can try again (I can't remember how long it is). You're better off staying in Canada and working.

Also, you need to apply for the K3 and the I129 at the same time. The I129 will take longer, and the K3 will get you into the country faster. My K3 is almost done, I'm just waiting for one final piece of paperwork. It took roughly 6 months.

Edited February 29, 2008 by moiraesfate

[Jack and Barbara 0]

Isn't there a 2-year wait period if the visa gets denied?

Even if it gets denied, you can still appeal it however and so long as you leave the country before the tourist visa expires it might not be a problem.

[Army_Wife 2]

I'm Canadian with an American husband as well.

A word of advice, I know its hard but don't do it. If you are in the country while its in processing and it gets refused then you must leave the country and wait a certain amount of time before you can try again (I can't remember how long it is). You're better off staying in Canada and working.

Also, you need to apply for the K3 and the I129 at the same time. The I129 will take longer, and the K3 will get you into the country faster. My K3 is almost done, I'm just waiting for one final piece of paperwork. It took roughly 6 months.

Isn't the K3 and I-129F the same thing when you're married ?

I'm sure that the I-129F is what takes you to a K3 if you're married and the I-130 is the CR/IR visa

So, you'd just send in both the I-129F and I-130 and see which one gets there first.

I mean, see which one gets approved first

[LadyNoles 0]

Humm... Going to visit him and enjoy time together is a great thing to do...as you havent send any documents yet.

However..depends where and when..but if you attempt to cross the borders with your husband..that might ring them a bell..( make sure to have enough ties to Canada to show them you gonna go back at 100% sure ).

Some officers are nice enough to understand that the purpose is just to visit and not be apart to long

Then once you are in US and you can send all your documents...regarding I-94 card..I would be honnest on the form and tell them the date of your arrival and the date of your departure. Just as it is also ask on I-129f.

Theres nothing illegal about being in US while filling..So dont worry about that...like I said.. as long as you gonna return.

Good luck and enjoy that time with your hubby

[GabiandVi 34]

"A word of advice, I know its hard but don't do it. If you are in the country while its in processing and it gets refused then you must leave the country and wait a certain amount of time before you can try again."

I didn't know about this. I'm planning to do the same exact thing with my husband, i.e. have him enter on a tourist visa before we file. As there is nothing illegal or untoward about staying out your tourist visa, are you sure this is not a rule applied when you file for an adjustment of status rather than just an I-130 or an I-129f? Question 14 on the I-130 asks for information about the I-94 which indicates that it is common that beneficiaries have entered on tourist visas.

I suppose if you have every reason to believe that your petition will be approved then you have nothing to worry about anyway.

Edited February 29, 2008 by GabiandVi

[rue2you 0]

My wife got turned down for a tourist visa in Dec 2007 when we were still dating. We married in Jan 2008. I have filed for K3 but I want her to come to US for about 4 days or so preferably before she gets K3, only to look at some areas for a house. I want to include her in the new house process and I want to have the new house ready for when she does get her K3. She would be leaving her 6 year old daughter behind in Costa Rica, I figured that would be compelling enough, even though it wasnt' last time.

The other thing is, even when my wife gets her K3, she will still be splitting her time between US and Costa Rica, probably 1-2 months here and 1 month there. She won't even be here full time.

Any input is greatly appreciated. This is somewhat gray area I know but i'm trying to do my homework.

Thanks...................Shawn

[lena_mourad 0]

I have 2 questions:

Background:

I'm Canadian and my husband is American. We are planning to start the K-3 process in April so I can gain permanent residency there. I realize that while the I-129F paperwork is processing it will be very difficult for me to visit the US on a tourist visa. So we came up with a plan.

I would like to enter the US on a tourist visa just before we submit any K-3 paperwork. As soon as I arrive we will then submit the I-130. That way I can be with my hubby 6 months during all this processing. Obviously after my tourist Visa runs out I will have to spend the rest of the time back in Canada until I actually get my K-3 interview.

Question #1) Does this sound like a bad idea?

If we do this, question 14 on the I-130 does ask for the I-94 Record, but i've never received one of these before when entering the US. The I-94 instructions even say "This form must be completed by all persons except U.S.Citizens, returning resident aliens, aliens with immigrant visas, and Canadian Citizens visiting or in transit."

Question #2) Assuming I'm in the US on tourist visa when we send off the I-130, how should I answer the "Arrival/Departure Record (I-94)" question on the I-130 form?

Thx,

A&M