Help I-129f and travel

[empireo211 0]

Hello, I have just recently filed the I-129f for my wife, and have not yet recieved anything so basically my wife is still illegal.

The problem is that the last time my wife came in to America she had problems in us customs because she entered 3 times within one year and they said she was not allowed back into the country without a visa. And we just married and applied for K-3 Visa, and in April we our planning on going to Miami.

Do you guys think she will have problems coming in, with her foreign passport, maybe she was flagged. I thought it would be ok since we our married, but the maybe the us customs does not seem to care. By the way my wife is Italian (Italian passport)

thank you very much

[canadian_wife 1,822]

I'm a bit confused, did you file the I-130 as well as the I-129F?

The I-129F for the K-3 is useless at this point.

Your wife previously entered through an inspection point right? She she entered legally but has overstayed? Overstay is quite different than being illegal.

Can you give a bit more information? Did you file the I-485 to adjust her status?

Either way, traveling within the should be fine, she should NOT travel outside the country

Good luck

[Otto 83]

When you say "coming in" - you mean to visit, on the VWP?

I'm a bit confused..

Me too...

[empireo211 0]

I'm a bit confused, did you file the I-130 as well as the I-129F?

The I-129F for the K-3 is useless at this point.

Your wife previously entered through an inspection point right? She she entered legally but has overstayed? Overstay is quite different than being illegal.

Can you give a bit more information? Did you file the I-485 to adjust her status?

Either way, traveling within the should be fine, she should NOT travel outside the country

Good luck

She filed the I-130 and now we have just filed with I-129f with the I-130 reciept. And have not filed I-485

she didnt overstay the 90 day period, she visited america 3 times within one year, and the 3rd time customs stopped her and said she has visitied to many times within one year. they let her through, but said next time she wants to come back she needs a visa, now she is in Italy and we have married and planed a trip to miami in mid April. I was wondering if there would be problems when we come in April to miami because she does not yet have a visa. and i thought maybe she could be flagged in the system.

anyway I know it confusion story. and thanks alot for your help

Alex

[empireo211 0]

When you say "coming in" - you mean to visit, on the VWP?

Me too...

I know it is confusing story, if read the post above it explains.

yes visit.

but we were thinking about staying in Miami while we wait for her K-3 visa to process we have a house to stay. currently we our in italy.

thanks alot for your help

[NigeriaorBust 4,087]

K3 visas are no longer being processed. If your wife was told she needs a visa to enter it means just that. Until she has a visa in hand she will be denied entry. The CR1 which you will get eventually will be for her to live in the United States. If you are living out of the country she may find that they will consider to be abandoning the visa and that will not work. Why don't you apply for a visitors visa for her ? It seems to be the one that fits your needs.

[pushbrk 12,898]

She filed the I-130 and now we have just filed with I-129f with the I-130 reciept. And have not filed I-485

she didnt overstay the 90 day period, she visited america 3 times within one year, and the 3rd time customs stopped her and said she has visitied to many times within one year. they let her through, but said next time she wants to come back she needs a visa, now she is in Italy and we have married and planed a trip to miami in mid April. I was wondering if there would be problems when we come in April to miami because she does not yet have a visa. and i thought maybe she could be flagged in the system.

anyway I know it confusion story. and thanks alot for your help

Alex

Yes, she will likely be denied entry in April. Count on this being flagged in the system. That she is now your wife, will hurt, not help. It's evidence of immigrant intent. People with obvious immigrant intent are routinely denied entry until they have the appropriate visa. This can happen even WITH a visitor visa, not just on the VWP.

[empireo211 0]

Yes, she will likely be denied entry in April. Count on this being flagged in the system. That she is now your wife, will hurt, not help. It's evidence of immigrant intent. People with obvious immigrant intent are routinely denied entry until they have the appropriate visa. This can happen even WITH a visitor visa, not just on the VWP.

even if we come for honeymoon, with a return ticket, and a marriage certificate?

on the gov website says nothing that they dont use K-3 visa

thanks for your help.

[empireo211 0]

K3 visas are no longer being processed. If your wife was told she needs a visa to enter it means just that. Until she has a visa in hand she will be denied entry. The CR1 which you will get eventually will be for her to live in the United States. If you are living out of the country she may find that they will consider to be abandoning the visa and that will not work. Why don't you apply for a visitors visa for her ? It seems to be the one that fits your needs.

I've seen nothing that says that they dont use K-3 visas anymore.

[NigeriaorBust 4,087]

I've seen nothing that says that they dont use K-3 visas anymore.

If you read the boards you will find that K3 petitions are being closed when they are approved with the I130. It seems that they have wisely stopped wasting time processing both. It started a few months back and is a consistent pattern now on newly filed petitions.

[pushbrk 12,898]

even if we come for honeymoon, with a return ticket, and a marriage certificate?

on the gov website says nothing that they dont use K-3 visa

thanks for your help.

Yes, even then. There's more than one government website. Look here. http://travel.state....types_2993.html

[empireo211 0]

Che Palle!!

Thanks for your help!