Is K3 the right choice for me...?

[trablus 0]

Hello everyone:

I would appreciate any assistance I could obtain you could provide. I married my husband in May 2008 in Canada. After marrying him, I traveled back with him by first entering the border near Seattle and we flew back to where we currently live in California.

I then recently left to go back to Canada to visit my parents and came back after a week via the border, and then flew out of Seattle to California.

Here are my questions:

(1) As a Canadian, do I not have the privilege of entering the U.S. and staying for up to six months without a visa?

(2) I did make a return back to Canada, before my six months were up, and then returned back to the States, was this alright?

(3) Now that I am in the U.S. may my husband go ahead and apply for the I-130 simultaneously with the I-485, I-131, and I-765?

(4) If we should not apply is my only option to return back to Canada, have my husband apply for the I-130, and then once approved apply for the I-129F (K3) visa?

Thank you in advance for your help.

[twilighter 0]

read my timeline and info it should help

[trablus 0]

Hello everyone:

I would appreciate any assistance I could obtain you could provide. I married my husband in May 2008 in Canada. After marrying him, I traveled back with him by first entering the border near Seattle and we flew back to where we currently live in California.

I then recently left to go back to Canada to visit my parents and came back after a week via the border, and then flew out of Seattle to California.

Here are my questions:

(1) As a Canadian, do I not have the privilege of entering the U.S. and staying for up to six months without a visa?

(2) I did make a return back to Canada, before my six months were up, and then returned back to the States, was this alright?

(3) Now that I am in the U.S. may my husband go ahead and apply for the I-130 simultaneously with the I-485, I-131, and I-765?

(4) If we should not apply is my only option to return back to Canada, have my husband apply for the I-130, and then once approved apply for the I-129F (K3) visa?

Thank you in advance for your help.

Thanks Twilighter for your help! Yet here are a few additional questions:

(1) Do you think I will be okay, even though I did not apply until now?

(2) How did you enter the U.S.?

(3) Does the Immigration Service inquire much on how you entered or if you returned?

(4) Why does visajourney.com post the following info:

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

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.

This is quite contrary to what USCIS states, see below.

(5) According to the USCIS:

According to the PDF from the government located at:

http://www.uscis.gov/files/article/A1eng.pdf

Can my relative wait in the United States until becoming

a permanent resident?

No. If your relative is outside the United States, filing an I-130 does

not allow your relative to live or work in the United States. An I-130

petition only establishes your relationship with your relative. Your

relative should wait outside the United States to immigrate legally.

If your husband or wife, unmarried child under 21 years, or parent

is already in the United States after having entered legally, they can

apply to adjust their status to permanent resident at the same time

you file their I-130 petition.gov.

I will go ahead and send my application shortly, and hope for the best.

[Ling Ling 22]

Welcome aboard trablus.

You're perfectly legal in using the VWP (visa waiver program) to spend up to 6 months in the US.

The problem with adjusting status in the US (rather than waiting for your I-130 or I-129f petition to be approved)

is that you put yourself in danger of being accused of fraud.

If you enter the US on VWP with the "INTENT" to immigrate, then you have committed fraud.

If you enter the US on VWP with the "INTENT" to return to Canada...but later change your mind....it's legal.

The big problem is proving the "INTENT". If you are found guilty of immigration fraud, you could be banned from 10 years to life.

Most people don't want to risk such a heavy possible penalty.

Your spouse can begin the I-130 petition process at anytime. The sooner the better.

Good Luck.

[Gemmie 142]

Welcome aboard trablus.

You're perfectly legal in using the VWP (visa waiver program) to spend up to 6 months in the US.

The problem with adjusting status in the US (rather than waiting for your I-130 or I-129f petition to be approved)

is that you put yourself in danger of being accused of fraud.

If you enter the US on VWP with the "INTENT" to immigrate, then you have committed fraud.

If you enter the US on VWP with the "INTENT" to return to Canada...but later change your mind....it's legal.

The big problem is proving the "INTENT". If you are found guilty of immigration fraud, you could be banned from 10 years to life.

Most people don't want to risk such a heavy possible penalty.

Your spouse can begin the I-130 petition process at anytime. The sooner the better.

Good Luck.

Firstly, Canada is not on the VWP, and secondly, why are you talking about visa fraud and intentions?

The OP asked if it's alright to stay in the US on a 6 month visit, and re-enter as a visitor while her paperwork is being processed.

I don't know too much about spousal visas but as far as I know, you can try and stay in the US as long as you're prepared to be denied entry and don't overstay. Then again, don't take my word on that.

Edited December 2, 2008 by Gemmie

[trablus 0]

Dear Ling Ling:

What about the following:

Why does visajourney.com post the following info:

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

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.

This is quite contrary to what USCIS states, see below.

(5) According to the USCIS:

According to the PDF from the government located at:

http://www.uscis.gov/files/article/A1eng.pdf

Can my relative wait in the United States until becoming

a permanent resident?

No. If your relative is outside the United States, filing an I-130 does

not allow your relative to live or work in the United States. An I-130

petition only establishes your relationship with your relative. Your

relative should wait outside the United States to immigrate legally.

If your husband or wife, unmarried child under 21 years, or parent

is already in the United States after having entered legally, they can

apply to adjust their status to permanent resident at the same time

you file their I-130 petition.gov.

Hello everyone:

I would appreciate any assistance I could obtain you could provide. I married my husband in May 2008 in Canada. After marrying him, I traveled back with him by first entering the border near Seattle and we flew back to where we currently live in California.

I then recently left to go back to Canada to visit my parents and came back after a week via the border, and then flew out of Seattle to California.

Here are my questions:

(1) As a Canadian, do I not have the privilege of entering the U.S. and staying for up to six months without a visa?

(2) I did make a return back to Canada, before my six months were up, and then returned back to the States, was this alright?

(3) Now that I am in the U.S. may my husband go ahead and apply for the I-130 simultaneously with the I-485, I-131, and I-765?

(4) If we should not apply is my only option to return back to Canada, have my husband apply for the I-130, and then once approved apply for the I-129F (K3) visa?

Thank you in advance for your help.

Thanks Twilighter for your help! Yet here are a few additional questions:

(1) Do you think I will be okay, even though I did not apply until now?

(2) How did you enter the U.S.?

(3) Does the Immigration Service inquire much on how you entered or if you returned?

(4) Why does visajourney.com post the following info:

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

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.

This is quite contrary to what USCIS states, see below.

(5) According to the USCIS:

According to the PDF from the government located at:

http://www.uscis.gov/files/article/A1eng.pdf

Can my relative wait in the United States until becoming

a permanent resident?

No. If your relative is outside the United States, filing an I-130 does

not allow your relative to live or work in the United States. An I-130

petition only establishes your relationship with your relative. Your

relative should wait outside the United States to immigrate legally.

If your husband or wife, unmarried child under 21 years, or parent

is already in the United States after having entered legally, they can

apply to adjust their status to permanent resident at the same time

you file their I-130 petition.gov.

I will go ahead and send my application shortly, and hope for the best.