travel to the US, then file I-130

[b1978 0]

My wife and I will be married on February 28. We are marrying abroad. Prior to filing the I-130 / K-3 spousal visa paperwork she intends to go to the US as a visitor. She has a Visitor visa and should get an I-94 card for hopefully 6 months. Once we are both in the US I then plan to file the I-130 / K-3 ( I do not plan to file an adjustment of status I-485 ) spousal vis a paperwork and then when her interview comes up, we will both travel back to her country and attend and hopefully she will be approved for the I-130 or K-3 visa. A month later we will return to the US. Can you do this? Would this cause any problems. She has no intentions to work, or do anything other than visit her husband while the paperwork is pending...

Anyone done this and your experience?

B

[pushbrk 13,060]

My wife and I will be married on February 28. We are marrying abroad. Prior to filing the I-130 / K-3 spousal visa paperwork she intends to go to the US as a visitor. She has a Visitor visa and should get an I-94 card for hopefully 6 months. Once we are both in the US I then plan to file the I-130 / K-3 ( I do not plan to file an adjustment of status I-485 ) spousal vis a paperwork and then when her interview comes up, we will both travel back to her country and attend and hopefully she will be approved for the I-130 or K-3 visa. A month later we will return to the US. Can you do this? Would this cause any problems. She has no intentions to work, or do anything other than visit her husband while the paperwork is pending...

Anyone done this and your experience?

B

Sure, you can do this but I'd skip the K3 and just go with the I-130 and a CR1 visa. The two major problems you face is that she may not be admitted for six months (or at all actually) and that six months may not be long enough to stay together until just before the interview.

[b1978 0]

Since we haven't filed the I-130 yet, they should just treat her like any normal visitor. There is no record of her being married in the foreign country. Of course if they ask, she will be honest. I am hopeful for a I-94 for 6 months, last time she came to the US (2 years ago) she got one for 6 months. But I do realize if she does not get 6 months, she would go back to her country and wait there until the interview process. We are just hoping to wait out most of the process in the US (and enjoy our honeymoon together, introduce her to friends and family and visit each other) and then just go back to the foreign country to finish things up, perhaps for the last month or two of the process.

I am just scared that they will use that against her and say that her intent was to immigrate and have that mess up her interview at the embassy abroad and result in a denial of her K-3 or I-130 paperwork.

[pushbrk 13,060]

Since we haven't filed the I-130 yet, they should just treat her like any normal visitor. There is no record of her being married in the foreign country. Of course if they ask, she will be honest. I am hopeful for a I-94 for 6 months, last time she came to the US (2 years ago) she got one for 6 months. But I do realize if she does not get 6 months, she would go back to her country and wait there until the interview process. We are just hoping to wait out most of the process in the US (and enjoy our honeymoon together, introduce her to friends and family and visit each other) and then just go back to the foreign country to finish things up, perhaps for the last month or two of the process.

I am just scared that they will use that against her and say that her intent was to immigrate and have that mess up her interview at the embassy abroad and result in a denial of her K-3 or I-130 paperwork.

Sounds like you understand nothing is set in stone. Please fill in her country of origin in your profile. It helps us stay on track with our answers. Visitors from most countries do not get six month visits.