Is my wife banned from the US until K-3 Visa given?

[NikLR 13,231]

Thanks again! So, now our question is: if while the I-130 is being processed my wife comes for a visit on VWP visa and leaves the US as she said she would within the 90 days, is there any chance that this visit would jeaopardize the spousal visa or delay it or be seen as a mark against us?

None. Even if she was denied entry to the USA that doesn't affect your visa process. Only an overstay would affect the process, but only if she incurs a ban (overstay of 180+ days). (Simply overstaying the VWP means her ESTA would be revoked and she couldn't use it anymore.)

[bigdog 376]

Good Luck with all of this.

[Anna Grant 169]

Our lawyer also told us that I couldn't travel to the US after we had submitted our paperwork (we went the K1 route). It was only because of this site that I realized he was wrong (it may be the standard response from a lawyer). I traveled a total of 5 times to the US and 2 of those were after we had submitted our paperwork.

[christeen 966]

No, visiting will not affect or delay the CR1 visa process in any way.... Just be honest, show ties to Italy and return ticket and they will be fine... My husband traveled to visit me for 7 years before we ever filed and he was NEVER turned away... And at no point did it effect our process... So come prepared and relax and spend some time together...

[tehans 52]

Attorney is an idiot. There is really no reason to get an attorney to do this papaerwork, it is very simple, just follow the advice on here.

[Operator 1,927]

Yeah your "attorney" is wrong. My wife visited me while we were waiting for her K-1 to be approved.

[Harsh_77 718]

Thanks again! So, now our question is: if while the I-130 is being processed my wife comes for a visit on VWP visa and leaves the US as she said she would within the 90 days, is there any chance that this visit would jeaopardize the spousal visa or delay it or be seen as a mark against us?

No

[Harsh_77 718]

No, visiting will not affect or delay the CR1 visa process in any way.... Just be honest, show ties to Italy and return ticket and they will be fine... My husband traveled to visit me for 7 years before we ever filed and he was NEVER turned away... And at no point did it effect our process... So come prepared and relax and spend some time together...

I don't think you can compare your situation with OP, for 7 yrs your partner was traveling you guys had not filed for CR1 so thats little different, your case was just like anyone else using VWP.

[MO-MO1974 7]

One thing is clear though - OPs attorney has no idea what he/she is talking about. Hopefully he is not handling OPs paperwork...

I agree with you too.its good to get a good lawyer who actually knows what they are talking about

[christeen 966]

I don't think you can compare your situation with OP, for 7 yrs your partner was traveling you guys had not filed for CR1 so thats little different, your case was just like anyone else using VWP.

I beg to differ, My situation is very relevant to the OP.... Each time he came to the USA (including 2 times after the I-130 was filed) he was asked the purpose of his visit, he said to visit my wife... Sometimes he was asked to show his return ticket, sometimes he was asked if he intended to stay or what compels him to return to Italy, so he showed his work contract... But each time he was let in and it did not affect the processing time of his CR1... The OPs question was IF his spouse could visit and will it affect the petition... So my answer and examples are yes, they can visit and no it will not affect the petition

[HK12 273]

Yeah, I'm clear that there is no K3 and that I am working on CR1/IR1. It was the title of the thread so I think that's why it continues to come up. But at this point I've only recently filed the i-130 and am waiting for the NoA from it. We have gathered I-129F docs and are finallizing those. Additionally the big thing is getting us together and figuring out how to do that without jeopardizing or delaying the process in any way.

OP, I am a little confused. You cannot apply for an I-129F (K1 visa) if you are already married. The K1 visa is only for fiancé(e)s of US citizens. Your route can only be the CR1/IR1.

[zaragozazaragoza 0]

Are you saying this because I mentioned I-129F docs? Sorry about that. I know we are going for IR-1/CR-1, I'm trying to figure out what's next, and find the site a little confusing (maybe I'm slow!) and keep seeing places that say i-129F. So, its not clear what docs we need next or what form we fill out next. So any help would be appreciated. On a positive note, i received the email USCIS Acceptance Confirmation and am awaiting the I-797... IS that the only next form or are there others? Thanks!

[NikLR 13,231]

Are you saying this because I mentioned I-129F docs? Sorry about that. I know we are going for IR-1/CR-1, I'm trying to figure out what's next, and find the site a little confusing (maybe I'm slow!) and keep seeing places that say i-129F. So, its not clear what docs we need next or what form we fill out next. So any help would be appreciated. On a positive note, i received the email USCIS Acceptance Confirmation and am awaiting the I-797... IS that the only next form or are there others? Thanks!

Do not bother with the I-129F. It is a waste of your time.

You received your NOA1 (YAY) so now what you have to do is wait. It will take about 6 months of waiting to get your NOA2, which is the decision on your petition. Hopefully you will not get an RFE (Request for Evidence.) But if you do, you have to wait for the hard copy in the mail and reply to what they are asking for.

Read this guide to understand how it all works from start to finish:

http://www.visajourney.com/wiki/index.php/How_Do_I_Bring_My_Spouse_(Husband_or_Wife)_to_Live_in_the_United_States%3F

[LSL 3]

I'm in this process too and so far went to visit my husband in the US once. I was allowed in, but it was quite stressful as I had no idea what to expect and wasn't as prepared.

Here is what i can say:

Always be honest, have a return ticket, bring documents that show your ties to your country and travel light (don't pack a huge suitcase with you). Also be prepared to answer some tricky questions. In my case the border officer went through my suitcase, my purse and my wallets. Very important if possible have the NOA-1 letter ready to show them. Be polite, and understanding. Be prepared for not being let in or for receiving restricted entry by certain date (eg. your return ticket date).

Good luck!

[zaragozazaragoza 0]

Again so very appreciative of all the input and support!! I'm amazed what people can do when they work together!