Can we be together in the states while waiting for the visa?

[stoogenmeyer 0]

Hi everyone,

Both me and my wife are living outside the states, she is an american citizen and I am not.

We are almost done putting up the I-130 package and today we started thinking about the possibility of moving to the states already and waiting out the process there.

Are there any options for this?

Is this allowed by the US government?

Will this make our waiting time much longer? If so by how much approximately?

Will I be able to seek work or actually work in the US while waiting for the process to end?

Will this increase the cost of our application?

Would I be required to travel back and forth between the US and Israel?

Anything else you would be willing to add would be appreciated.

Thanks,

Or

[lost_at_sea 995]

You can't move and wait in the USA. That's what the I-129f for K3 is/was for (look up the K3 - most don't bother because they're rarely approved before the IR/CR-1 visa route).

You can't move to and work in the USA until you get an immigrant visa.

[stoogenmeyer 0]

Your answer is pretty definitive. Is it really black and white?

There's no options at all?

What's that you say about the K3? Can we move to the states and file a K3 from there?

[lost_at_sea 995]

Your answer is pretty definitive. Is it really black and white?

There's no options at all?

What's that you say about the K3? Can we move to the states and file a K3 from there?

You can travel to the US if you have a tourist visa, but it'll be for just that: tourism. You can't live and work in the US as a tourist.

You obviously haven't looked up the K3 yet. It's also filed for and obtained OUTSIDE the USA. You can't wait for it to come through in the US.

[Harpa Timsah 13,258]

There is no shortcut way to live in the US. You have to wait to move to the US until you get your spousal visa. For couples abroad some have had luck getting quicker adjudication, but nothing is guaranteed. K-3 is no longer available and still takes just as long as a normal spousal visa does right now.

[lost_at_sea 995]

There is no shortcut way to live in the US. You have to wait to move to the US until you get your spousal visa. For couples abroad some have had luck getting quicker adjudication, but nothing is guaranteed. K-3 is no longer available and still takes just as long as a normal spousal visa does right now.

The K3 hasn't been officially withdrawn, but it's basically defunct. Can't think of anyone who's got it around here lately. Waste of time.

[aaron2020 11,651]

Your answer is pretty definitive. Is it really black and white?

There's no options at all?

What's that you say about the K3? Can we move to the states and file a K3 from there?

It's definitive. You need an immigration visa to come and live in the US.

While you are waiting for your visa, you can visit the US. You cannot permanently move here. You must return to get your immigration visa.

You cannot use a non-immigrant visa to immigrate to the US.

If you try to adjust, be prepared for a costly and complicated process because the I-130 shows immigrant intent. This is not what you want.

Enjoy visiting and be thankful. Many couples cannot visit each other because the US embassies will not grant them visitor visas.

[scholozy 8]

'Many couples cannot visit each other because the US embassies will not grant them visitor visas.' I know that one from experience. To get a visitor visa you have to prove you have no intent of staying in america. Typically they hear you applying for an I-130 that's a huge red flag. Our immigration system is stupid. Very very stupid. You can try the tourist visa route, but yea once you submit your I 130 you might as well get your passport ready or prepare for a lonely year+ filing for your cr-1 in america.

[lost_at_sea 995]

You should have a look at the timelines on VJ and start setting your expectations around when you will be able to move. It's going to take 5 - 9 months to get the I-130 approved, then another 3 - 5 on the embassy side, then if you land in AP the wait becomes completely unpredictable.

You won't be able to move to live in the USA permanently until the day you get your passport back with the visa in it.

Here's some links to get you started:

Israel IR/CR-1 timelines: http://www.visajourney.com/timeline/k1list.php?op6=All&op7=Israel&dfile=No&op1=&op2=&op3=5&op4=1&op5=5%2C6%2C8%2C10%2C11%2C13%2C14%2C15%2C16%2C17%2C18%2C20%2C21%2C22%2C25%2C26%2C27%2C28%2C108%2C110%2C111%2C208%2C210%2C211&cfl=0

IR/CR-1 historical data: http://www.visajourney.com/content/ir1cr1historical

IR/CR-1 statistics: http://www.visajourney.com/timeline/irstats.php?cfl=

As you both live abroad, you may be "auto expedited" at the I-130 approval stage, but don't count on it and you can't control whether that happens or not.

Edited August 28, 2013 by lost_at_sea

[stoogenmeyer 0]

First of all, thanks for the feedback everyone.

'Many couples cannot visit each other because the US embassies will not grant them visitor visas.' I know that one from experience. To get a visitor visa you have to prove you have no intent of staying in america. Typically they hear you applying for an I-130 that's a huge red flag. Our immigration system is stupid. Very very stupid. You can try the tourist visa route, but yea once you submit your I 130 you might as well get your passport ready or prepare for a lonely year+ filing for your cr-1 in america.

I'm not sure I clarified it. There's no issue of loneliness, we are living together in Israel, but since we are looking to move it is that much harder to find employment since no one wants you for a short duration of time.

Also could you please elaborate on what you said?

You can try the tourist visa route, but yea once you submit your I 130 you might as well get your passport ready or prepare for a lonely year+ filing for your cr-1 in america.

Are you saying basically we can do the process from America? Sorry if I seem daft it's just a lot of information to take in.

Thanks again.

[NikLR 13,231]

You both can stay in Israel or the USC can move back to the USA first, but the beneficiary cannot move to the USA until after they are granted the visa and have it in hand. Being married to a USC generally means that a spouse will have a very hard time of getting a visitor visa, especially if the I-130 has already been sent.

[lost_at_sea 995]

Also could you please elaborate on what you said?

You can try the tourist visa route, but yea once you submit your I 130 you might as well get your passport ready or prepare for a lonely year+ filing for your cr-1 in america.

Are you saying basically we can do the process from America? Sorry if I seem daft it's just a lot of information to take in.

Thanks again.

No. That poster was being very unclear - perhaps they thought you were the USC living in the US alone (which is pretty common on here).

You can't go on a tourist visa and wait out your I-130/IR/CR-1. You may go to the US a visitor while your I-130/IR/CR-1 is pending assuming you have a tourism visa, but you'll have to leave when you tourist stay ends and you cannot work as a tourist.

You're unlikely to be granted a tourist visa (if you don't already have one) with an I-130 pending, as that shows you have immigrant intent (and to get a tourist visa you have to show that you do not have immigrant intent).

You should buckle up for a wait of at least a year before you can go to the USA to live. Your USC wife may move back without you whenever she likes.

Edited August 28, 2013 by lost_at_sea

[aaron2020 11,651]

First of all, thanks for the feedback everyone.

I'm not sure I clarified it. There's no issue of loneliness, we are living together in Israel, but since we are looking to move it is that much harder to find employment since no one wants you for a short duration of time.

Also could you please elaborate on what you said?

You can try the tourist visa route, but yea once you submit your I 130 you might as well get your passport ready or prepare for a lonely year+ filing for your cr-1 in america.

Are you saying basically we can do the process from America? Sorry if I seem daft it's just a lot of information to take in.

Thanks again.

You can not do the process from inside the US.

You must do it from outside the US.

It will take 6-12 months.

If you have a visitor visa or are from a VWP country, then you can visit.

ONCE AGAIN - YOU MUST DO THE PROCESS FROM OUTSIDE THE US.

[stoogenmeyer 0]

No. That poster was being very unclear - perhaps they thought you were the USC living in the US alone (which is pretty common on here).

You can't go on a tourist visa and wait out your I-130/IR/CR-1. You may go to the US a visitor while your I-130/IR/CR-1 is pending assuming you have a tourism visa, but you'll have to leave when you tourist stay ends and you cannot work as a tourist.

You're unlikely to be granted a tourist visa (if you don't already have one) with an I-130 pending, as that shows you have immigrant intent (and to get a tourist visa you have to show that you do not have immigrant intent).

Hey,

I currently have a tourist visa valid for about 9 years.

I am married to an American woman, and I have no problem admitting we are looking to relocate to the US. I don't see why that would be a problem.

So just to reiterate what I've heard from everyone:

I can file the I-130. It doesn't really matter from where, as long as my address in it is in Israel.

I can stay in the states as long as I have a tourist visa, but I cannot work.

At some point during the process I'll be required to go back to Israel to deal with the embassy/interview/medical exams and such?

Is this correct so far?

[lost_at_sea 995]

Hey,

I currently have a tourist visa valid for about 9 years.

I am married to an American woman, and I have no problem admitting we are looking to relocate to the US. I don't see why that would be a problem.

So just to reiterate what I've heard from everyone:

I can file the I-130. It doesn't really matter from where, as long as my address in it is in Israel.

I can stay in the states as long as I have a tourist visa, but I cannot work.

At some point during the process I'll be required to go back to Israel to deal with the embassy/interview/medical exams and such?

Is this correct so far?

Yes. We understand your predicament. You only have a tourism visa, so you may only visit as a tourist for the maximum amount of time allotted to you (about 6 months, I'm guessing).

You cannot stay in the USA indefinitely as a tourist. You will be granted a period of stay when you enter the USA, it may only be a few days, it may be up to 6 months. If you immigrate on a tourist visa you will be committing visa fraud and can get yourself a 10 year US ban for doing so.

Edited August 28, 2013 by lost_at_sea