Can a spouse live in the USA while waiting for K3 Visa to be approved.

[Boiler 45,525]

I have another question,

If I withdrew the I-130 and the I-129F petition. Can I file a whole new set of petitions later on?

Thank you.

Yes

[David & Diana R 1,005]

My questions is can my spouse live in the USA with me waiting his K3 Visa to be approved?

Is there a form I can file with the USCIS to allow him to stay and have his interview here in the US?

My spouse is currently out of the country and would like to return to await his approval and his interview here in the USA. We have already filed I-130 and got NOA1 with Priority Date being 17March2014 and is still in initial review. We filed I-129F 20May2014 (After he left to go back to Oz on 19May2014, One of the hardest times of my life, letting that man go. I miss his so much). He and I talked and we both want him to come back. We're hope there is a form we can file to have it all done while he is here.

Please, help.

Thank you in advance!

NO

[ColGil 126]

If he arrived under the VWP with intent to visit only, but plans changed and you get married, your spouse could have overstayed the 90 days and remained in the USA pending the immigrant Visa (and adjusted status). Because your spouse has left the country, he can now only visit under the terms of the VWP, and cannot overstay the 90 days, or adjust status. You will need to go through the full CR1 process (if you file the K3, it's likely to be administratively closed, mine was last week) before your spouse can live with you.

If your spouse travelled to the USA on VWP prior to being married, and your intent prior to his arrival was to marry, file to have him immigrate and remain in the USA, this would also be in breach of the VWP. It's only possible to remain in the USA on VWP pending immigration if you arrived to the states with intent to visit, but subsequently the plans changed. You cannot adjust status on the VWP if you arrive in the states with intent to immigrate.

[ColGil 126]

I have another question,

If I withdrew the I-130 and the I-129F petition. Can I file a whole new set of petitions later on?

Thank you.

Yes, you can withdraw the petition and file later on, but your spouse still cannot remain in the states while you file a new petition. Unfortunately, because your spouse left the states after you married, you've missed that opportunity (as did I as I was unaware of the process).

as a non-US citizen/resident visiting the US under the VWP/ESTA, he is doing just that, VISITING. The terms of the ESTA state that you cannot adjust your status. The ONLY exception to this rule, is if you spontaneously marry and petition for immigration while your spouse is already in the states on the SAME visit as the marriage. Unfortunately, like the majority of people on here, you will need to wait on the full I-130/CR1 process. If you withdraw the petition and file again later, all you are doing is starting the 1+ year wait further down the line.

If you have already petitioned, and you want to pursue it, leave it as is and wait for your NOA2.

When your spouse visits, he will need a return ticket, proof of employment/housing (or as much evidence of commitments in his home country as possible).

[Turtle's Wife 0]

I see.

Yes, We was unaware of him being "protected" and not having to return to Australia when he was here the first time. The officer at the USCIS informed us to file the other forms with the I-130 asap, HOWEVER, stated he was unsure how it would pan out and gave us little to no information about him not having to leave the US when his ESTA ran out.

We married in Parramatta, NSW and he returned to the States with me. I wish we would have known that he didn't have to go when I filed the I-130 if I filed the I-485 with it. I suppose its best to always consult an attorney when your unsure of things.

I have read some where that while the I-130 is in initial review you can still file the I-485 and other forms if needed but make sure you have a cover letter on the form stating you have the I-130 in initial review so that the mail room will send it to the proper department. I believe that is if my husband was still in the states, but I'm still not sure because if he comes to the states without intent to stay and we decided that he needs to stay... how would that work? He would have a return ticket of course...

I'm just curious and looking at all options...

Maybe me and the girls should just pack up and move to Australia...

[kehills 217]

As far as I know, the information about him staying in the USA is only based on the assumption of marrying in the USA, Turtle's Wife. That you married in Parramatta (nice suburb, my FIL lives there) means the information about changing your mind when here on VWP isn't applicable. You're going to have to file for CR1 and wait the year plus.

As for moving to Australia, well. That has a whole bunch of other issues ahold of it, and clearly we made a different choice. ;-)

Edited May 22, 2014 by kehills

[Golden Gate 530]

Yes, you are already married. He can't come here and stay because he changed his mind after entering.

[Turtle's Wife 0]

Well we are already two and half months in the hurry up and wait game.

Makes you feel some what hopeful it will move faster since I got my NOA1 with in a few weeks but haven't heard anything since....

What a bummer this process doesn't go faster. If I find a loop hole I'll let you all know. I will keep searching for it.

Thanks again,

Turtle's Wife

Edited to add: Yes, Parramatta is beautiful. The whole country is for that matter. If I had it my way we would be living there instead of here.

Edited May 22, 2014 by Turtle's Wife

[belinda63 3,038]

Water under the bridge. Look at this time apart as a way to tie up all the loose ends and get ready for your life together.

If you decide to chance him coming here and adjusting status remember there is no appeal if it is denied (VWP waive all rights to appeal) and the trouble cause by this may mean you are separated longer than if you had stayed the course. If you cancel the petitions there is still a record of them having been filed....just saying.

[Clair 6]

Maybe me and the girls should just pack up and move to Australia...

Not a terrible option. We ARE going back soon.

But it your case moving to Oz won't solve the problem: instead of you spouse - YOU (and the girls) will be waiting for an equivalent of AOS/Green Card. And it's bloody expensive to file! Over $3K if the memory serves....

[Ketsuban 1,034]

This might sound clichéd, but even though the time you might have to spend waiting for your NOA2 seems really long right now, after it's approved and you get every other step out of the way, you begin to wonder where the time is gone.

[Turtle's Wife 0]

This might sound clichéd, but even though the time you might have to spend waiting for your NOA2 seems really long right now, after it's approved and you get every other step out of the way, you begin to wonder where the time is gone.

Yes, I agree.

It will feel that way once the NOA2 is actually in my hands. I'm looking at yours and it seemed to move pretty fast once you got your NOA2. I'll inform him not to come because I want this to move as fast as possible. We don't need any snags in the road and if he hits US soil it may raise a few questions.

Thank you!

[kehills 217]

I'll inform him not to come because I want this to move as fast as possible. We don't need any snags in the road and if he hits US soil it may raise a few questions.

Er, definitely talk to people who have filed CR1, because it might be different, but there shouldn't be any issues in visiting, so long as he can prove he's going to return. My then-fiancé visited twice after we filed for our K1, including almost six weeks at Christmas/New Years.

As far as I understand, having an immigration petition in progress does not make someone ineligible for a visit. But, like I said earlier, make sure you have all the documents necessary to show he has ties to Australia that guarantee he will return at the end of his trip. (Do you really want to be apart and not see him for a year? NOA2 is just the beginning, and CR1 VISAs are running over a year to final approval. You can check the timeline (figured out by other people doing the same thing) here: http://www.visajourney.com/content/ir1cr1historical .)

Also, if you fill out your timeline, you'll be able to look for people with similar history/experience to yours (so it should pull up how long it's taking for CR1s for Australia).

Cheers.

[christeen 966]

Having him visit while the CR1 is in process will not effect the process at all... Having him visit the USA now and they try to file for AOS IS an issue and visa fraud... As long as he is admitted by showing ties to his home country and goes back before the end of the 90 days... No issue.

[Turtle's Wife 0]

So where does the I-129F come into play? I've filed both. Doesn't once cancel out the other if one is processed before the I-130 is approved or denied?

So If I got a 12 month Visa for me and our girls would I have to be in the US before it gets shipped to the NVC and then his country?

Looking at all my options...