HELP!!! so confused

[Minya's wife 25]

Exactly, thank you. The USCIS said he could come on a visitors visa, then the embassy in London told him he'd have to return regardless. so we were confused. but we never intended to overstay, and the USCIS said he would have to adjust his status once he arrived on the visitor's visa. we ARE doing this the legal way, it's our family and life here, no way we're wanting to do anything even remotely illegal. which is why i'm asking questions here. Thank you for understanding and for the advice. it's much appreciated.

Its important to keep in mind that terminology matters very much, and misunderstanding of the terminology can cause problems. Also, the USCIS 1-800 Customer Service line is famous for giving out misinformation, so take the information you receive from there with the proverbial grain of salt.

A visitor's visa is just that....a visa allowing the beneficiary to come and visit the US. Using that visa for any other purpose, constitutes fraud. So, for example, using a tourist visa to come here and work would constitute fraud....just as it would if a man married to a US citizen were to use his tourist/visitors visa to come here and subsequently declare a desire to emigrate by filing the set of petitions you mentioned.

You would do best to read and re-read the Guides here on VJ as they offer a wealth of information....and do just what you've done, ask questions if you're unclear about anything.

Good luck on your journey!

-P

Edited February 24, 2009 by Minya's wife

[jacamero 0]

Its important to keep in mind that terminology matters very much, and misunderstanding of the terminology can cause problems. Also, the USCIS 1-800 Customer Service line is famous for giving out misinformation, so take the information you receive from there with the proverbial grain of salt.

A visitor's visa is just that....a visa allowing the beneficiary to come and visit the US. Using that visa for any other purpose, constitutes fraud. So, for example, using a tourist visa to come here and work would constitute fraud....just as it would if a man married to a US citizen were to use his tourist/visitors visa to come here and subsequently declare a desire to emigrate by filing the set of petitions you mentioned.

You would do best to read and re-read the Guides here on VJ as they offer a wealth of information....and do just what you've done, ask questions if you're unclear about anything.

Good luck on your journey!

-P

Okay, thank you. And my husband explained to the person at the embassy in London exactly what we wanted it for and what the USCIS had told us. So I do appreciate your clarification on this matter. Which is why I asked, we don't want to do anything illegal in any way. Take care and thanks again!!

[jacamero 0]

Okay, thank you. And my husband explained to the person at the embassy in London exactly what we wanted it for and what the USCIS had told us. So I do appreciate your clarification on this matter. Which is why I asked, we don't want to do anything illegal in any way. Take care and thanks again!!

Looks like it will be a K-3 visa for us. Thanks everyone.

[raymaga 25]

jacamero:

Please don't let the negative responses you got to your post deter you from posting any other questions in the future.

There are lots of very helpful and kind people here on VJ that will be happy to answer your questions. Some members here forget that they too were once newbies and needed the help of some other experienced members.

My husband and I were given so many wrong and conflicting answers from USCIS to questions we had. Thankfully, we didn't take any of their bad advice, we did our own research, went to a free consult with a lawyer, and asked questions here before we did what USCIS advised us to do.

Look forward to seeing your posts in the future.

Good luck to you both.

[Chica Yeyé 41]

what raymaga said.

Post and ask as much as you need sister jacamero.

My 2 cents is continue to pursue the CR-1. In the end, it is the best visa since you do not have to adjust status and hubby can work as soon as he is admitted to the US. Plus, waiting times are not that different anymore. But indeed, he should not come to the US with the intent of adjusting status.

Best of luck.

[jacamero 0]

what raymaga said.

Post and ask as much as you need sister jacamero.

My 2 cents is continue to pursue the CR-1. In the end, it is the best visa since you do not have to adjust status and hubby can work as soon as he is admitted to the US. Plus, waiting times are not that different anymore. But indeed, he should not come to the US with the intent of adjusting status.

Best of luck.

Thanks so much hon! You're a doll!

jacamero:

Please don't let the negative responses you got to your post deter you from posting any other questions in the future.

There are lots of very helpful and kind people here on VJ that will be happy to answer your questions. Some members here forget that they too were once newbies and needed the help of some other experienced members.

My husband and I were given so many wrong and conflicting answers from USCIS to questions we had. Thankfully, we didn't take any of their bad advice, we did our own research, went to a free consult with a lawyer, and asked questions here before we did what USCIS advised us to do.

Look forward to seeing your posts in the future.

Good luck to you both.

Awww thanks! I do appreciate what you said. And yes, the USCIS is maddening with it's contradictions. the whole process can seem very daunting! just when you think you got it figured out, something else pops up!! i do appreciate your kind words and advice, thanks a million!!

[Chica Yeyé 41]

Actually I'm quite b1tchy, but it's cool

[jacamero 0]

Actually I'm quite b1tchy, but it's cool

[Chica Yeyé 41]

Actually I'm quite b1tchy, but it's cool

you know it sister

[pushbrk 13,060]

Looks like it will be a K-3 visa for us. Thanks everyone.

K3 is generally a poor choice and has been for most people for more than two years now. I would encourage you to file only an I-130 petition and follow the guide for "option one" for married people when one is living abroad. That's the CR1/IR1 path.

That's going to take more than six months, so you'll need to make other housing arrangements at some point.

"Misinformation line" aside, the problem with asking such questions at the Embassy is that they don't know the USCIS end of things with regard to adjusting status. There ARE circumstances where couples do all the immigration process in the US but your circumstances don't fit. Under your circumstances, such an attempt would be visa fraud. Not wanting to beat a dead horse but your initial "accusations" were just a product of somebody assuming you already knew what you were hoping to do was illegal. You didn't already know, so we're past that now.

Once you're operating under a proper set of expectations, I'm sure you'll find a way to deal with the housing arrangements. One of the reasons I'm so strongly encouraging the CR1/IR1 path is that if he's bringing 4 kids, I expect he's not going to want to wait around for four months to get work authorization. Additionally, with five immigrants, "adjusting status" costs a lot more money than just getting the immigrant visas to begin with, about $4,000 more just in fees.