I 130 question

[psalyach 0]

Hi,

Does anyone have similar experience? I am a US citizen but my wife in a foreign national. Can I petition for I-130 while my wife is here in the states? We want to get married under the foriegn law. My plan is to have my wife come here with me when I go overseas to get married there and she would come with me to the US on a tourist visa which she already has a visa. She is currently pregnant and we would like to have the child born here in the US. While she is here, I plan to petition for K3, starting with filing I-130. I know that eventually she has to go back to her home country to receive K3 visa overseas. But due to our particular situation, we just want to be reunited and have the baby born here. Then she can go back and start filing for K3.

I know that there are steps in filing K3

I-130

waiting for NOS

Filing I-129

etc...

Appreciate your help and advise.

Thanks,

Tom

[canadian_wife 1,829]

As long as your wife does not overstay her given time in the US, and of course returns home to Thailand, then yes, you can file while she is in the US on a tourist visa.

Be cautioned, if visably pregnant (and depending on how far along she is), she may not be A) allowed to fly and B)admitted into the US at all.

Good luck.

PS - the K-3 is an expensive, slow, virtually obsolete visa. Go for the CR-1 which requires filing the I-130, G-325A and waiting. Follow the guides to help you with this process.

[Ning 619]

Hi,

Does anyone have similar experience? I am a US citizen but my wife in a foreign national. Can I petition for I-130 while my wife is here in the states? We want to get married under the foriegn law. My plan is to have my wife come here with me when I go overseas to get married there and she would come with me to the US on a tourist visa which she already has a visa. She is currently pregnant and we would like to have the child born here in the US. While she is here, I plan to petition for K3, starting with filing I-130. I know that eventually she has to go back to her home country to receive K3 visa overseas. But due to our particular situation, we just want to be reunited and have the baby born here. Then she can go back and start filing for K3.

I know that there are steps in filing K3

I-130

waiting for NOS

Filing I-129

etc...

Appreciate your help and advise.

Thanks,

Tom

You say she is your wife but you also say you want to get married.? If you are married you can file a 130 now. You may want to look over the differences in K 3 & C R 1 visas. The C R 1 is a better visa. Study the guides.

There is no chance that she will be given a tourist visa. Read & understand the " strongest ties" rule . The embassy told me they would view a applicants strongest ties to her spouse as soon as she entered the USA & therefore she would have no reason to return to Thailand. Every applicant is presumed to be attempting to become an immigrant.

A pregnate women entering the USA to have a baby is never going to convince them she will return.

[Ning 619]

Hi,

Does anyone have similar experience? I am a US citizen but my wife in a foreign national. Can I petition for I-130 while my wife is here in the states? We want to get married under the foriegn law. My plan is to have my wife come here with me when I go overseas to get married there and she would come with me to the US on a tourist visa which she already has a visa. She is currently pregnant and we would like to have the child born here in the US. While she is here, I plan to petition for K3, starting with filing I-130. I know that eventually she has to go back to her home country to receive K3 visa overseas. But due to our particular situation, we just want to be reunited and have the baby born here. Then she can go back and start filing for K3.

I know that there are steps in filing K3

I-130

waiting for NOS

Filing I-129

etc...

Appreciate your help and advise.

Thanks,

Tom

You say she is your wife but you also say you want to get married.? If you are married you can file a 130 now. You may want to look over the differences in K 3 & C R 1 visas. The C R 1 is a better visa. Study the guides.

There is no chance that she will be given a tourist visa. Read & understand the " strongest ties" rule . The embassy told me they would view a applicants strongest ties to her spouse as soon as she entered the USA & therefore she would have no reason to return to Thailand. Every applicant is presumed to be attempting to become an immigrant.

A pregnate women entering the USA to have a baby is never going to convince them she will return.

Sorry dont know how to fix my mistake of double post.

Edited August 23, 2009 by Ning

[psalyach 0]

Hi,

Does anyone have similar experience? I am a US citizen but my wife in a foreign national. Can I petition for I-130 while my wife is here in the states? We want to get married under the foriegn law. My plan is to have my wife come here with me when I go overseas to get married there and she would come with me to the US on a tourist visa which she already has a visa. She is currently pregnant and we would like to have the child born here in the US. While she is here, I plan to petition for K3, starting with filing I-130. I know that eventually she has to go back to her home country to receive K3 visa overseas. But due to our particular situation, we just want to be reunited and have the baby born here. Then she can go back and start filing for K3.

I know that there are steps in filing K3

I-130

waiting for NOS

Filing I-129

etc...

Appreciate your help and advise.

Thanks,

Tom

You say she is your wife but you also say you want to get married.? If you are married you can file a 130 now. You may want to look over the differences in K 3 & C R 1 visas. The C R 1 is a better visa. Study the guides.

There is no chance that she will be given a tourist visa. Read & understand the " strongest ties" rule . The embassy told me they would view a applicants strongest ties to her spouse as soon as she entered the USA & therefore she would have no reason to return to Thailand. Every applicant is presumed to be attempting to become an immigrant.

A pregnate women entering the USA to have a baby is never going to convince them she will return.

Sorry dont know how to fix my mistake of double post.

Sorry I should have said my girlfriend. By the time in Thanksgiving we will be legally married under Thai law. She already has a toursit visa which is valid for 10 years. Last time she was here was in March this year and she went back in July which we found out that she is pregnant.

All we are hoping for is the POE will allow her entry with a maximum 6 months stay as a tourist visa for the baby to be born here. Hopefully we can file for one more extension of a tourist visa if needed. It is our intention for her to be in the US as long as the tourist visa will allow and she will remain in legal status the whole time when she is in US. While she is in the US, that's when I will start filing either K3 or CR 1 as you suggested and she will go back and wait for a visa in her home country.

[Ning 619]

Hi,

Does anyone have similar experience? I am a US citizen but my wife in a foreign national. Can I petition for I-130 while my wife is here in the states? We want to get married under the foriegn law. My plan is to have my wife come here with me when I go overseas to get married there and she would come with me to the US on a tourist visa which she already has a visa. She is currently pregnant and we would like to have the child born here in the US. While she is here, I plan to petition for K3, starting with filing I-130. I know that eventually she has to go back to her home country to receive K3 visa overseas. But due to our particular situation, we just want to be reunited and have the baby born here. Then she can go back and start filing for K3.

I know that there are steps in filing K3

I-130

waiting for NOS

Filing I-129

etc...

Appreciate your help and advise.

Thanks,

Tom

You say she is your wife but you also say you want to get married.? If you are married you can file a 130 now. You may want to look over the differences in K 3 & C R 1 visas. The C R 1 is a better visa. Study the guides.

There is no chance that she will be given a tourist visa. Read & understand the " strongest ties" rule . The embassy told me they would view a applicants strongest ties to her spouse as soon as she entered the USA & therefore she would have no reason to return to Thailand. Every applicant is presumed to be attempting to become an immigrant.

A pregnate women entering the USA to have a baby is never going to convince them she will return.

Sorry dont know how to fix my mistake of double post.

Sorry I should have said my girlfriend. By the time in Thanksgiving we will be legally married under Thai law. She already has a toursit visa which is valid for 10 years. Last time she was here was in March this year and she went back in July which we found out that she is pregnant.

All we are hoping for is the POE will allow her entry with a maximum 6 months stay as a tourist visa for the baby to be born here. Hopefully we can file for one more extension of a tourist visa if needed. It is our intention for her to be in the US as long as the tourist visa will allow and she will remain in legal status the whole time when she is in US. While she is in the US, that's when I will start filing either K3 or CR 1 as you suggested and she will go back and wait for a visa in her home country.

I may not understand but when I read what you write it sounds to me like you will return to Thailand to marry & then want to bring her to USA as a tourist.

Once you marry there is no chance to get a tourist visa for her. I went thru it 3 times. The embassy told me " we want you to know your documents are perfect, we believe your story that you will both return but if we issue a tourist visa to the spouse of a US citizen we will be terminated that day".

The problem is the strongest ties rule. They say that once she enters the USA her ties are to you & she will not return based on the history of previouse people.

I was told that even if they issued a tourist visa my wife would be turned away at the POE if she told the truth when asked if she was married which is exactly what we would have done.

If your wife has a tourist visa already it may be possible for her to enter but if she says she is married to a US citizen she may be turned away. I would think they would look at the fact she is pregnate & ask some questions. What will your wife say when they ask her reason for entering the US again & how long she wants to stay?

In any case it would be a good idea to look at the C R 1 visa & not a K 3. See the guides for info.

[psalyach 0]

Hi,

Does anyone have similar experience? I am a US citizen but my wife in a foreign national. Can I petition for I-130 while my wife is here in the states? We want to get married under the foriegn law. My plan is to have my wife come here with me when I go overseas to get married there and she would come with me to the US on a tourist visa which she already has a visa. She is currently pregnant and we would like to have the child born here in the US. While she is here, I plan to petition for K3, starting with filing I-130. I know that eventually she has to go back to her home country to receive K3 visa overseas. But due to our particular situation, we just want to be reunited and have the baby born here. Then she can go back and start filing for K3.

I know that there are steps in filing K3

I-130

waiting for NOS

Filing I-129

etc...

Appreciate your help and advise.

Thanks,

Tom

You say she is your wife but you also say you want to get married.? If you are married you can file a 130 now. You may want to look over the differences in K 3 & C R 1 visas. The C R 1 is a better visa. Study the guides.

There is no chance that she will be given a tourist visa. Read & understand the " strongest ties" rule . The embassy told me they would view a applicants strongest ties to her spouse as soon as she entered the USA & therefore she would have no reason to return to Thailand. Every applicant is presumed to be attempting to become an immigrant.

A pregnate women entering the USA to have a baby is never going to convince them she will return.

Sorry dont know how to fix my mistake of double post.

Sorry I should have said my girlfriend. By the time in Thanksgiving we will be legally married under Thai law. She already has a toursit visa which is valid for 10 years. Last time she was here was in March this year and she went back in July which we found out that she is pregnant.

All we are hoping for is the POE will allow her entry with a maximum 6 months stay as a tourist visa for the baby to be born here. Hopefully we can file for one more extension of a tourist visa if needed. It is our intention for her to be in the US as long as the tourist visa will allow and she will remain in legal status the whole time when she is in US. While she is in the US, that's when I will start filing either K3 or CR 1 as you suggested and she will go back and wait for a visa in her home country.

I may not understand but when I read what you write it sounds to me like you will return to Thailand to marry & then want to bring her to USA as a tourist.

Once you marry there is no chance to get a tourist visa for her. I went thru it 3 times. The embassy told me " we want you to know your documents are perfect, we believe your story that you will both return but if we issue a tourist visa to the spouse of a US citizen we will be terminated that day".

The problem is the strongest ties rule. They say that once she enters the USA her ties are to you & she will not return based on the history of previouse people.

I was told that even if they issued a tourist visa my wife would be turned away at the POE if she told the truth when asked if she was married which is exactly what we would have done.

If your wife has a tourist visa already it may be possible for her to enter but if she says she is married to a US citizen she may be turned away. I would think they would look at the fact she is pregnate & ask some questions. What will your wife say when they ask her reason for entering the US again & how long she wants to stay?

In any case it would be a good idea to look at the C R 1 visa & not a K 3. See the guides for info.

It may be a risky situation but our intention is to have a child born here in the US. The honesty is that we would just want our child to be born here in the US. We will start processing for I 130, K 3 or CR 1 once she is here in the US, but I am afraid that there is not enough time to processing for I130 to be completed in time before she can arrive to have the child born here. Can we have an attorney write a letter and we can present to the immigration at POE?

What could be my alternative way? If I can start filing I130 after we get married in November when approximately will she be able to travel to the US and not too late in term of the pregnancy cycle.

Quote from the previous email

If your wife has a tourist visa already it may be possible for her to enter but if she says she is married to a US citizen she may be turned away. I would think they would look at the fact she is pregnate & ask some questions. What will your wife say when they ask her reason for entering the US again & how long she wants to stay?

She just want to stay here as a tourist, has all the intention to maintain as a toursit status during the visa is allowed. While here, we will start processing I-130 and K3 with an understanding that she will have to return to her home country to wait for K3 visa at US embassy. The final step will be to re enter US again, this time as a valid K3 visa holder.

[imaisha 1]

It may be a risky situation but our intention is to have a child born here in the US. The honesty is that we would just want our child to be born here in the US.

It's not a risky situation, it's just most likely an impossible situation unfortunately.

We will start processing for I 130, K 3 or CR 1 once she is here in the US, but I am afraid that there is not enough time to processing for I130 to be completed in time before she can arrive to have the child born here. Can we have an attorney write a letter and we can present to the immigration at POE?

You should plan for 8 months - 1 year to receive either visa. A letter from an attorney will convince immigration officers of nothing and pregnancy is not considered a reason for an expedite with USCIS.

What could be my alternative way? If I can start filing I130 after we get married in November when approximately will she be able to travel to the US and not too late in term of the pregnancy cycle.

Quote from the previous email

If your wife has a tourist visa already it may be possible for her to enter but if she says she is married to a US citizen she may be turned away. I would think they would look at the fact she is pregnate & ask some questions. What will your wife say when they ask her reason for entering the US again & how long she wants to stay?

She just want to stay here as a tourist, has all the intention to maintain as a toursit status during the visa is allowed. While here, we will start processing I-130 and K3 with an understanding that she will have to return to her home country to wait for K3 visa at US embassy. The final step will be to re enter US again, this time as a valid K3 visa holder.

We believe you, but the immigration officers will not. Everyone is presumed to be an intending immigrant. Being married to a US citizen and pregnant is not going to help her case. Your best bet would be for her to remain in Thailand and you join her there.

[Ning 619]

Hi,

Does anyone have similar experience? I am a US citizen but my wife in a foreign national. Can I petition for I-130 while my wife is here in the states? We want to get married under the foriegn law. My plan is to have my wife come here with me when I go overseas to get married there and she would come with me to the US on a tourist visa which she already has a visa. She is currently pregnant and we would like to have the child born here in the US. While she is here, I plan to petition for K3, starting with filing I-130. I know that eventually she has to go back to her home country to receive K3 visa overseas. But due to our particular situation, we just want to be reunited and have the baby born here. Then she can go back and start filing for K3.

I know that there are steps in filing K3

I-130

waiting for NOS

Filing I-129

etc...

Appreciate your help and advise.

Thanks,

Tom

You say she is your wife but you also say you want to get married.? If you are married you can file a 130 now. You may want to look over the differences in K 3 & C R 1 visas. The C R 1 is a better visa. Study the guides.

There is no chance that she will be given a tourist visa. Read & understand the " strongest ties" rule . The embassy told me they would view a applicants strongest ties to her spouse as soon as she entered the USA & therefore she would have no reason to return to Thailand. Every applicant is presumed to be attempting to become an immigrant.

A pregnate women entering the USA to have a baby is never going to convince them she will return.

Sorry dont know how to fix my mistake of double post.

Sorry I should have said my girlfriend. By the time in Thanksgiving we will be legally married under Thai law. She already has a toursit visa which is valid for 10 years. Last time she was here was in March this year and she went back in July which we found out that she is pregnant.

All we are hoping for is the POE will allow her entry with a maximum 6 months stay as a tourist visa for the baby to be born here. Hopefully we can file for one more extension of a tourist visa if needed. It is our intention for her to be in the US as long as the tourist visa will allow and she will remain in legal status the whole time when she is in US. While she is in the US, that's when I will start filing either K3 or CR 1 as you suggested and she will go back and wait for a visa in her home country.

I may not understand but when I read what you write it sounds to me like you will return to Thailand to marry & then want to bring her to USA as a tourist.

Once you marry there is no chance to get a tourist visa for her. I went thru it 3 times. The embassy told me " we want you to know your documents are perfect, we believe your story that you will both return but if we issue a tourist visa to the spouse of a US citizen we will be terminated that day".

The problem is the strongest ties rule. They say that once she enters the USA her ties are to you & she will not return based on the history of previouse people.

I was told that even if they issued a tourist visa my wife would be turned away at the POE if she told the truth when asked if she was married which is exactly what we would have done.

If your wife has a tourist visa already it may be possible for her to enter but if she says she is married to a US citizen she may be turned away. I would think they would look at the fact she is pregnate & ask some questions. What will your wife say when they ask her reason for entering the US again & how long she wants to stay?

In any case it would be a good idea to look at the C R 1 visa & not a K 3. See the guides for info.

It may be a risky situation but our intention is to have a child born here in the US. The honesty is that we would just want our child to be born here in the US. We will start processing for I 130, K 3 or CR 1 once she is here in the US, but I am afraid that there is not enough time to processing for I130 to be completed in time before she can arrive to have the child born here. Can we have an attorney write a letter and we can present to the immigration at POE?

What could be my alternative way? If I can start filing I130 after we get married in November when approximately will she be able to travel to the US and not too late in term of the pregnancy cycle.

Quote from the previous email

If your wife has a tourist visa already it may be possible for her to enter but if she says she is married to a US citizen she may be turned away. I would think they would look at the fact she is pregnate & ask some questions. What will your wife say when they ask her reason for entering the US again & how long she wants to stay?

She just want to stay here as a tourist, has all the intention to maintain as a toursit status during the visa is allowed. While here, we will start processing I-130 and K3 with an understanding that she will have to return to her home country to wait for K3 visa at US embassy. The final step will be to re enter US again, this time as a valid K3 visa holder.

I agree we believe you but what you want to do isnt going to be allowed by a USCIS officer in my opinion based on my experiance.

The problem is that your wife will be entering the USA on tourist visa with the intention of using that visa for a different purpose. That is actually visa fraud.

She will be asked the reason for her visit. They will see that she has been here in the recent past & is now pregnate. They will ask how long she wants to stay. When she gives a truthful answer she will be denied entry. If she lies her tourist visa would be taken away & she could be charged with visa fraud. That could cause a ten year ban. These officers are very experianced , well trained & have seen it all.

The only way you will ever know what will happen is to give your plan a try. We can only offer you an opinion based on experiance & our understanding of the law.

If you are attempting to have the child here because you want the baby to become a US citizen you can do that in Thailand at the embassy.

[canadian_wife 1,829]

I agree with the above posters. It is unlikely that your wife will be granted entry into the US, and even if she is, her stay may be limited so the baby will not be born in the US - sadly you do not have a right to have your child born in the US regardles of how unfair you may find it.

Your child will still have a claim to US citizenship if born in Thailand. Look at it from the CO's perspective. They assume everyone has immigrant intent when arriving in the US. It is then up to the tourist to prove that they do not have immigrant intent - how likely is it a pregnant, married 'tourist' can convince the CO of non-immigrant intent. A letter from a lawyer is useless.

Proceed with caution.

Good luck.

[psalyach 0]

I agree with the above posters. It is unlikely that your wife will be granted entry into the US, and even if she is, her stay may be limited so the baby will not be born in the US - sadly you do not have a right to have your child born in the US regardles of how unfair you may find it.

Your child will still have a claim to US citizenship if born in Thailand. Look at it from the CO's perspective. They assume everyone has immigrant intent when arriving in the US. It is then up to the tourist to prove that they do not have immigrant intent - how likely is it a pregnant, married 'tourist' can convince the CO of non-immigrant intent. A letter from a lawyer is useless.

Proceed with caution.

Good luck.

Thanks for all the comments/input. I have to decide what is the best course of action for my case. Definitely do not want to compromise the Fraud intent and the family reunion in any way. I have made an appointment to speak with the immigration officer at the local USCIS office via infopass and will go from there.

[canadian_wife 1,829]

Please keep us posted, your story will help others

Good luck.

[psalyach 0]

You say she is your wife but you also say you want to get married.? If you are married you can file a 130 now. You may want to look over the differences in K 3 & C R 1 visas. The C R 1 is a better visa. Study the guides.

There is no chance that she will be given a tourist visa. Read & understand the " strongest ties" rule . The embassy told me they would view a applicants strongest ties to her spouse as soon as she entered the USA & therefore she would have no reason to return to Thailand. Every applicant is presumed to be attempting to become an immigrant.

A pregnate women entering the USA to have a baby is never going to convince them she will return.

Sorry dont know how to fix my mistake of double post.

Sorry I should have said my girlfriend. By the time in Thanksgiving we will be legally married under Thai law. She already has a toursit visa which is valid for 10 years. Last time she was here was in March this year and she went back in July which we found out that she is pregnant.

All we are hoping for is the POE will allow her entry with a maximum 6 months stay as a tourist visa for the baby to be born here. Hopefully we can file for one more extension of a tourist visa if needed. It is our intention for her to be in the US as long as the tourist visa will allow and she will remain in legal status the whole time when she is in US. While she is in the US, that's when I will start filing either K3 or CR 1 as you suggested and she will go back and wait for a visa in her home country.

I may not understand but when I read what you write it sounds to me like you will return to Thailand to marry & then want to bring her to USA as a tourist.

Once you marry there is no chance to get a tourist visa for her. I went thru it 3 times. The embassy told me " we want you to know your documents are perfect, we believe your story that you will both return but if we issue a tourist visa to the spouse of a US citizen we will be terminated that day".

The problem is the strongest ties rule. They say that once she enters the USA her ties are to you & she will not return based on the history of previouse people.

I was told that even if they issued a tourist visa my wife would be turned away at the POE if she told the truth when asked if she was married which is exactly what we would have done.

If your wife has a tourist visa already it may be possible for her to enter but if she says she is married to a US citizen she may be turned away. I would think they would look at the fact she is pregnate & ask some questions. What will your wife say when they ask her reason for entering the US again & how long she wants to stay?

In any case it would be a good idea to look at the C R 1 visa & not a K 3. See the guides for info.

It may be a risky situation but our intention is to have a child born here in the US. The honesty is that we would just want our child to be born here in the US. We will start processing for I 130, K 3 or CR 1 once she is here in the US, but I am afraid that there is not enough time to processing for I130 to be completed in time before she can arrive to have the child born here. Can we have an attorney write a letter and we can present to the immigration at POE?

What could be my alternative way? If I can start filing I130 after we get married in November when approximately will she be able to travel to the US and not too late in term of the pregnancy cycle.

Quote from the previous email

If your wife has a tourist visa already it may be possible for her to enter but if she says she is married to a US citizen she may be turned away. I would think they would look at the fact she is pregnate & ask some questions. What will your wife say when they ask her reason for entering the US again & how long she wants to stay?

She just want to stay here as a tourist, has all the intention to maintain as a toursit status during the visa is allowed. While here, we will start processing I-130 and K3 with an understanding that she will have to return to her home country to wait for K3 visa at US embassy. The final step will be to re enter US again, this time as a valid K3 visa holder.

I agree we believe you but what you want to do isnt going to be allowed by a USCIS officer in my opinion based on my experiance.

The problem is that your wife will be entering the USA on tourist visa with the intention of using that visa for a different purpose. That is actually visa fraud.

She will be asked the reason for her visit. They will see that she has been here in the recent past & is now pregnate. They will ask how long she wants to stay. When she gives a truthful answer she will be denied entry. If she lies her tourist visa would be taken away & she could be charged with visa fraud. That could cause a ten year ban. These officers are very experianced , well trained & have seen it all.

The only way you will ever know what will happen is to give your plan a try. We can only offer you an opinion based on experiance & our understanding of the law.

If you are attempting to have the child here because you want the baby to become a US citizen you can do that in Thailand at the embassy.

[psalyach 0]

Happy New Year to all the visajourney friends and thank you for all your input. I am now married to a Thai woman on my trip to Thailand in December last year. I am back to the States alone and have filed a petition both I-129F, petition for Alien Spouse and I-130, petition for Alien relative on Dec 29 2009 and is now waiting for NOS.

My wife remains in Thailand. Our child will be born sometime in April 2010. My question is what is the procedure to register our child with the US embassy in Bangkok so that our child can travel to US with a US passport. I understand that the approval process for my wife can take up to six months. I plan to go back to Thailand again for our child birth and would like to process the paperwork for our daugther at that time.

I was recommended that if I can be in Thailand during my wife interview in Bangkok, it will be helpful. Just not sure that it will be around the same time as when our child is born though. I would like to process the US citizen for our daugther when I return to Thailand (it will be my short visit). More than likely, my wife may have to go to US embassy for her interview alone. Will this be a problem?

Thanks again for all your input.

Tom