Married Overseas & Filing I-130 in US on Tourist Visa

[Oakley1234 1]

Thanks for all of your replies. This has been the most frustrating experience of our lives...but we have decided to file DCF which will be the cheapest and fastest way. Now all I have to do is suck it up and live in the UK for another 5-6 months

[JimVaPhuong 4,863]

Thanks for all of your replies. This has been the most frustrating experience of our lives...but we have decided to file DCF which will be the cheapest and fastest way. Now all I have to do is suck it up and live in the UK for another 5-6 months

Wise move. Now is the time to start investigating the I-864 and the domicile requirements.

[Harsh_77 718]

I actually traveled to the US after I got married in Austria and before we filed for the CR I. I had no problem, I just traveled using he VWP. I got asked at the border control why I enter the US and I said "to visit my husband". And once I arrived in the US, we filed for I 130. So, as long as you don't travel to the US with the purpose to immigrate and leave before your visa ends, I don't see why you can't do it.

So you did commit a visa fraud - coz you had full intention for AOS, but you said the officer at POE you were only visiting your husband.

Which is mis-representation.

[Harsh_77 718]

This isn't exactly true. A spouse of a US Citizen CAN use a tourist visa to visit. Say the couple lives on the moon and wants to visit the in-laws sometimes and not immigrate. That is fine. However, the OP wants to enter the US with the intent to immigrate on a non-immigrant visa. That is different.

Also, people CAN visit while the CR-1 visa process is pending.

Harpa - if they got married outside US and she was entering on tourist visa and assuming she disclosed she is married to USC - she would not had been allowed in.

While your immigration process is going on or if you are married to USC traveling on any kinda of VISA is difficult - since at POE they will assume once you enter country you willl file for AOS and thus jump the line.

[Gosha.Bee 1]

So you did commit a visa fraud - coz you had full intention for AOS, but you said the officer at POE you were only visiting your husband.

Which is mis-representation.

She did not commit any visa fraud. She entered the US on a VWP after getting married but before filing I-130 . She has full intention of returning before her 90 days pass by. So yes, by any means, she is only visiting her husband. They filed I-130 while she is in the US VISITING and she will be leaving for her home country in a couple months.

[JP and Tee 13]

Once you are married, she cannot enter US on tourist visa-sorry to burst your bubble. If she enters US on tourist visa while she is married to you would be misrepresentation.

Tourist visa is not for immigration purpose, while her intent is to immigrate to US.

She would not be able to travel in and out of country until the whole process is completed.

The whole process whichever route you go K1 or CR1 it takes 6-7 months to complete.

Is this true? I was under the understanding that the spouse can enter on tourist visa as long as he/she can show strong ties to home country and has a return ticket.

[ceadsearc 516]

Is this true? I was under the understanding that the spouse can enter on tourist visa as long as he/she can show strong ties to home country and has a return ticket.

It's true that a spouse can't enter with intent to immigrate and adjust. They can still enter as a visitor and leave before their stay is up. As you said, strong ties are necessary as it is at the discretion of CBP to determine whether or not to let them into the country. Entering as a tourist, so long as CBP allows it, and returning home is in no way, shape, or form fraudulent even if married to a USC.