Questions about the i130 *Please Help me!*

[acrosstheuniverse 1]

Okay here is my story.....

I went down to Mexico on a mission's trip and i met a girl. We dated for about a year and a half and then I proposed to her in July. Originally we were going to do the Fiance visa but we called a lawyer for a free consultation and she told us that it was a great option for us to get married in Mexico and for us to file the i130 visa petition because she has to stay in Mexico for one more year anyway to finish law school and I have to start my new job here. So her waiting in Mexico while the i130 is processing wasn't a problem for us. So we got married and had a civil ceremony in Mexico. It was not until later that we heard that she could possibly not visit while the i130 is processing. It is very important for us that she is able to visit for Christmas and one of my questions is that if I file the i130 petition now, will she be able to visit? I have heard horror stories of visa's being torn if they get denied at the border and are not allowed back for years. Is that a possibility? Because if it is then I would not want to take that risk. You see.... we are planning on having our wedding ceremony late next summer sometime. If it is risky to file the i130 now and for her to visit....do you think that if I file it right when she goes back home after Christmas in January, that it will process in time for her to come around late next summer? I know that no one can give me an exact answer of how long the visa takes to process, but would that amount of time fall around the average processing time? Would 7 months be enough? I am a US citizen by the way.

One more question.....I heard that the k3 visa takes just as long to process as the i130 but would it be smart for me to file it just in case? Would that give me the security that she would be able to be here by next August? And what would be the normal processing time for that?

I know that I have a lot of questions but I would appreciate it so much if someone could help shed some light on this situation for me. I'm sure that many of you are on the same or similar boat as I am. I really appreciate it, thank you!

[LotofPatience 65]

Okay here is my story.....

I went down to Mexico on a mission's trip and i met a girl. We dated for about a year and a half and then I proposed to her in July. Originally we were going to do the Fiance visa but we called a lawyer for a free consultation and she told us that it was a great option for us to get married in Mexico and for us to file the i130 visa petition because she has to stay in Mexico for one more year anyway to finish law school and I have to start my new job here. So her waiting in Mexico while the i130 is processing wasn't a problem for us. So we got married and had a civil ceremony in Mexico. It was not until later that we heard that she could possibly not visit while the i130 is processing. It is very important for us that she is able to visit for Christmas and one of my questions is that if I file the i130 petition now, will she be able to visit? I have heard horror stories of visa's being torn if they get denied at the border and are not allowed back for years. Is that a possibility? Because if it is then I would not want to take that risk. You see.... we are planning on having our wedding ceremony late next summer sometime. If it is risky to file the i130 now and for her to visit....do you think that if I file it right when she goes back home after Christmas in January, that it will process in time for her to come around late next summer? I know that no one can give me an exact answer of how long the visa takes to process, but would that amount of time fall around the average processing time? Would 7 months be enough? I am a US citizen by the way.

One more question.....I heard that the k3 visa takes just as long to process as the i130 but would it be smart for me to file it just in case? Would that give me the security that she would be able to be here by next August? And what would be the normal processing time for that?

I know that I have a lot of questions but I would appreciate it so much if someone could help shed some light on this situation for me. I'm sure that many of you are on the same or similar boat as I am. I really appreciate it, thank you!

Once you file I-130, it shows she is going to be an immigrant. So, chances for her to get visit visa is very remote. If you think X'mas party is important, you may postpone filing I-130 to Jan. Still, for visit visa, if ths CO asks her if she is married and where is the husband, they might deny the visa based on 214(b) - potential immigrant. But chance to get visit visa is more in this case.

K3 now-a-days takes same time of IR1/CR1 and K3 path may not be needed.

Loto

[acrosstheuniverse 1]

Thanks for replying!

She does have a visit visa and has visited the US to see me a total of 3 times in the last year and a half. Would that help my case at all? She would be able to provide a lot of evidence from her school that she has one more semester left and is enrolled for her last semester before she graduates. And her tourist visa doesn't expire until 2014 I think. Do any of these things help at all? Or is it rolling the dice?

[LotofPatience 65]

Thanks for replying!

She does have a visit visa and has visited the US to see me a total of 3 times in the last year and a half. Would that help my case at all? She would be able to provide a lot of evidence from her school that she has one more semester left and is enrolled for her last semester before she graduates. And her tourist visa doesn't expire until 2014 I think. Do any of these things help at all? Or is it rolling the dice?

If she already has the visit visa - one hurdle is over.

She may visit you, but bring all the ties to Mexico (as you mentioned) while visiting here. Produce them only if POE officer asks and answer to all the questions truthfully at POE.

Loto

[Boiler 46,336]

Many people travel whilst waiting. I did.

[RICARDO4EVA2 195]

my parents have visas and their petition was submitted in july 2003 by my grandmother... they have travelled to the usa every year since the case was submitted. they havent been questioned at any of the POE they use - ATL, MIA, FLL, PHL, CLT, HOU, EWR

[belinda63 3,052]

Have her bring strong evidence of ties to her country. I would think have one semester left to finish school would be good evidence but I am not the one standing at the border. The important thing is for her to not lie even if it means being denied entry.

[acrosstheuniverse 1]

Thank you all for replying!

If they did deny her entry, would that mean that she would not be able to enter the US for years or just for that visit? I'm just scared of them saying no and then she can't come for a long time. If they said no to her, would she still be able to come when the i130 comes through?

One more question....if I did file the i130 now, are the chances pretty good that it will process in time for August?

I really appreciate all the help and forgive me for my ignorance with these kind of things.

[Boiler 46,336]

She would no longer be able to use her B2 Visa. They would be doubting her non immigrant intent.

Subsequently as an immigrant that would not apply.

I 130 with a year would be very doable.

[Harpa Timsah 13,258]

K3 now-a-days takes same time of IR1/CR1 and K3 path may not be needed.

The K3 is dead. Focus on the CR1/IR1.

http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

Edited September 27, 2010 by Harpa Timsah

[acrosstheuniverse 1]

Thanks a lot! It's sounding like it should be alright for her to visit if we provide good evidence that she has to return. But it still makes me feel a lot better to know that even if she got denied and couldn't use her tourist visa anymore, it would not affect her being able to come as an immigrant for the i130.

Thanks! Any other helpful advice is very much appreciated.