Foreign Spouse Question

[schuecl 1]

Hey, new to the forum and all. I've read a few guides and I'm starting to understand the processes, but I had a few questions. First, my story. I got married on 12/10/10 at the US Embassy in South Korea while I was in the military. Six months ago, I left the military and my wife and I came to the US. She was on a visitor visa at the time, so we were told not to apply for the I-130. Now, I am trying to decide what is the best course. She is currently in South Korea and I am currently in the US working. I have read about concurrent filing of the I-130 and I-485. Is this a viable option? If it is, from what I understand, she would have to come here on a tourist visa with a return ticket, travel back to South Korea, and wait for the approval. I guess what I am trying to figure out is how I can maximize the time wife my wife while not sending her back to South Korea every three months, while trying to get the green card process completed. Any thoughts? I think I screwed up by not filing sooner, as it seems to take a long time for all the papers. to go through.

[schuecl 1]

Thank you, but I am not actually in the service anymore. We have not done an I-130 yet, so if she comes here and we apply for it while she is here, isn't that immigration fraud? Also, I thought a CR-1 is only for people residing in another country? I am residing in the US.

[Gosia & Tito 199]

Thank you, but I am not actually in the service anymore. We have not done an I-130 yet, so if she comes here and we apply for it while she is here, isn't that immigration fraud? Also, I thought a CR-1 is only for people residing in another country? I am residing in the US.

Proper path is the CR-1, that is used when spouse (foreign spouse) is in his/her country, USC is stateside and you are already married.

Takes about 1 year end to end. There are expedited procedures for military, I do not know if they would extend same now that you are not, but you would need to ask. Worst case, 1 year (average)

If she were to come on the B1/B2 and then adjust, it could be considered fraud. The letter of the law is that a B1/B2 is a visitor not intent to stay/adjust; a picky immigration inspector might make your life hard.

No one here would probably advise the adjustment that way as it is really not very legit (though technically possible).

Look at it this way: the CR-1 is a sure thing (not guaranteed, no one can, but given what you posted, should be easy), and at her arrival she has an automatic green card. The other path could have risks and what is called RFE (request for more info), that might end up taking a year as well. Plus you have to take the chance that she might not be admitted at her arrival (she would be asked purpose of visit, and any other answer than 'stay/spend time with husband' could be later on be construed as lying to the inspector and you really don't want that). Additional to that, it takes time and preparation to move to another country for good, several months. While the CR1 is in course, she can do those preparations with plenty of time.

Her prior visit would've been the ideal time to apply for 130 and 485; since she is now in her country, it could be a risk to have her come again; nothing may happen, but a simple question from the inspector can have consequences.

One question: the prior time, when you two came together: did you state she is your wife?

Yes, being apart sucks, is it possible for you to visit? Once, twice? While it seems like 'not possible'; many people here has waited for several months 6+ or more without seeing each other. It is doable.

Good luck and thank you for your service!

[Harpa Timsah 13,258]

Yes, that is immigration fraud. To enter the US on a non-immigrant visa with the plan to immigrate is fraud. It is also a violation of the site's TOS to suggest such a path, to the above. It is not dependent on your current marital status.

OP- first you said you did the I-130 and now you say you didn't? So you have done zero paperwork so far? CR-1 is the thing you are looking for. It is to bring a foreign spouse on an immigrant visa. Where the USC lives does not matter, and it is most usual for the USC to be in the US and the foreign spouse to be abroad.

Read the guides for CR-1 visa up top, and good luck!

[schuecl 1]

Yes, that is immigration fraud. To enter the US on a non-immigrant visa with the plan to immigrate is fraud. It is also a violation of the site's TOS to suggest such a path, to the above. It is not dependent on your current marital status.

OP- first you said you did the I-130 and now you say you didn't? So you have done zero paperwork so far? CR-1 is the thing you are looking for. It is to bring a foreign spouse on an immigrant visa. Where the USC lives does not matter, and it is most usual for the USC to be in the US and the foreign spouse to be abroad.

Read the guides for CR-1 visa up top, and good luck!

Sounds good, I'll get started on that. During the CR-1 process, is she allowed to visit, or would that be considered illegal as well? She would not stay, but only be here for the B1/2 visa length, and then return to Korea to finish the process. Also, Korea is on the visa waiver program. Would that affect her?

[Harpa Timsah 13,258]

Sounds good, I'll get started on that. During the CR-1 process, is she allowed to visit, or would that be considered illegal as well? She would not stay, but only be here for the B1/2 visa length, and then return to Korea to finish the process. Also, Korea is on the visa waiver program. Would that affect her?

Yes, she can come visit in the meantime. However, she will have to convince Border Patrol that she is here only for a visit and not to immigrate.

I am confused why you mention a B2. She has one already or she wants to get one?

[schuecl 1]

Yes, she can come visit in the meantime. However, she will have to convince Border Patrol that she is here only for a visit and not to immigrate.

I am confused why you mention a B2. She has one already or she wants to get one?

She doesn't have one at this time, but she was hoping to come visit later this year and I wanted to make sure that was okay.

[JohnR! 5,495]

1339423826[/url]' post='5437323']

She doesn't have one at this time, but she was hoping to come visit later this year and I wanted to make sure that was okay.

Yes, she can visit you and she will not need a visa provided she does not stay more than 90 days at a time. For longer stays she would need a visa.

She will however have to convince the officers at the POE that she is panning to return to Korea at the end of her allowed stay.

[Harpa Timsah 13,258]

She doesn't have one at this time, but she was hoping to come visit later this year and I wanted to make sure that was okay.

It is okay to apply for a B2 tourist visa, but it's probably not a good idea.

1. She will need to have a very good reason why 3 months on the VWP is not good enough for her, and why she needs 6 months. If she doesn't have a good enough reason (I am not sure de-facto living in the US is a good enough reason) then she will be denied.

2. If she gets denied, for that, or for a presumption of immigrant intent, then she will most likely not be able to travel on the VWP any more either. She will need to update her ESTA pre-approval with the fact that she has been denied a visa, and that can make the ESTA be denied as well, especially for such a recent denial.

[schuecl 1]

Okay, good to know. What about if I go to Korea? Would that be frowned upon? Sorry for all the questions...

[Harpa Timsah 13,258]

Okay, good to know. What about if I go to Korea? Would that be frowned upon? Sorry for all the questions...

Lol, I will tell you what USCIS said to me when I asked a similar question, the response still makes my husband and I laugh and laugh. The USCIS agent seriously said to me "You can do whatever you want: You are a citizen!"

Yes, where you are makes no difference. Though if you do not have a job in the US or assets to cover the required amount, you will need a co-sponsor for the visa's Affidavit of Support.

[schuecl 1]

Awesome, thanks for all the information. I do have a job here and everything. It just sucks to have to be apart for so long, thus me trying to figure out how we can legally see each other haha.

Edit: Last question. If I do a CR-1, do I still have to have her do a I-485 at some point?

Edited June 11, 2012 by schuecl

[Harpa Timsah 13,258]

No, CR-1 never sees a I-485. She will enter the US with an immigrant visa which will trigger her Legal Permanent Resident Status upon entry.

We all understand wanting to be together. I agree you should have started the process much sooner, but it seems you got bad advice from someone. Best of luck going forward.

[Gosia & Tito 199]

Awesome, thanks for all the information. I do have a job here and everything. It just sucks to have to be apart for so long, thus me trying to figure out how we can legally see each other haha.

Edit: Last question. If I do a CR-1, do I still have to have her do a I-485 at some point?

It sucks to be apart, but since you do know the process (after going thru guides) and approximate length; you can make plans to visit in her country or have a vacation on a third country.

We did that, and met in Italy, France; timing it such that each separation would not be more than 3-4 months. Gives something to look forward to; plus it can only help the case in terms of bonafide marriage, you will be able to show recent pictures of the two together if case need.

[schuecl 1]

Came across another question while going through the CR-1 guide. The guide has listed that I need a copy of my marriage certificate and a proof of a bonifide marriage. Are these two not the same thing? Can I not use my marriage certificate as proof of a bonifide marriage? I ask because we have no assets with both our names on them, so I can't prove it through financial means.