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

[christeen 966]

The 129 gets matched up with the 130 and the 129 is administratively closed... Use the VWP because it is unlikely they will issue a tourist visa and if you get denied the visa, you can. No longer use the VWP...

[Turtle's Wife 0]

The 129 gets matched up with the 130 and the 129 is administratively closed... Use the VWP because it is unlikely they will issue a tourist visa and if you get denied the visa, you can. No longer use the VWP...

Ahh, Right. Okay. Making more sense now...

Thank you!

[sara d 2]

hey i also wanted my husband to come visit me while k3 pending.plz let me know how it go at port of entry?

[Turtle's Wife 0]

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....

Yes, the cost is around $4,650.00 or a little more for a Partner (Provisional) Visa (SC309). This includes me and our two girls.

I think it is well worth it and speaking to Turtle last night he would like to have me and the girls get our residency in AU after his status finished up here.

Dual citizenship? Another topic I know but I'm so ready for this to be done and over.

I commend you all for waiting as long as you have.... I just jumped on this boat ride from hell and I'm already throwing tantrums...

Cheers,

Turtle's Wife, USA

[Turtle's Wife 0]

hey i also wanted my husband to come visit me while k3 pending.plz let me know how it go at port of entry?

Yes, I will let you know how that goes. I don't think he will have an issue since he will be holding a return ticket after his three month stay. We're shooting for the end of next month 24 June 2014 for his ESTA return. He is missing home very much and most of all our girls are missing him more.

I will say this, I could never be an army wife... They're all way stronger then I could ever be.... Kudos.

Cheers,

Turtle's Wife

[Turtle's Wife 0]

Good Afternoon All,

I was looking at this last night. Anyone here that could plain to me in Layman's Terms what exactly this means...

I-601A, Application for Provisional Unlawful Presence Waiver

Is that for anyone who is here illegally?

Cheers,

Turtle's Wife

Edited May 23, 2014 by Turtle's Wife

[Boiler 45,552]

Yep

[kehills 217]

Turtle's Wife... if there was an easy, fast way to do this, we ALL would have done it. :-) No one is keeping any fast-track secret from you, honest. I know it's brutal to be apart–and the time zone difference with Australia really doesn't help, at all–but you want to do everything as absolutely legally as possible, eh? The last thing you want is for someone who's deciding your ability to live with your husband in the United States to go "mmm planned VISA fraud, ban for life."

Follow the rules. Everyone here at VJ is really nice, and will help you figure it out and will hold your hands when the distance seems miserably insurmountable.

[Turtle's Wife 0]

Turtle's Wife... if there was an easy, fast way to do this, we ALL would have done it. :-) No one is keeping any fast-track secret from you, honest. I know it's brutal to be apart–and the time zone difference with Australia really doesn't help, at all–but you want to do everything as absolutely legally as possible, eh? The last thing you want is for someone who's deciding your ability to live with your husband in the United States to go "mmm planned VISA fraud, ban for life."

Follow the rules. Everyone here at VJ is really nice, and will help you figure it out and will hold your hands when the distance seems miserably insurmountable.

I do understand and yes its almost unbearable. I am exploring options and just doing research. I know that everyone who is in the same boat would do the same thing, if at all possible to have their spouses with them while going through this process.

However, If the officer at the USCIS was more clear on to why we was filing these forms, then we would have had a better understanding and he certainly would have not left US grounds.

I'm not pointing fingers at anyone, because the officer himself was unsure of what to do as well as us.

We're going to do this legally no questions asked.

I was only being curious. Better to know then not to know, right?

Thanks,

Turtle's Wife

[kehills 217]

However, If the officer at the USCIS was more clear on to why we was filing these forms, then we would have had a better understanding and he certainly would have not left US grounds.

That's what several of us tried to explain: the USCIS officer didn't understand. Or rather, the USCIS officer appears to have understood what we all originally thought: that your spouse came to America as an unmarried tourist, visited you, and you got married on American soil. So the things about converting status because you got married? Don't count, because you got married in Australia.

You got really lucky, in other words. (I know it doesn't seem like it right now, but you did.)

In other words, there's no reason to kick yourself, because the option you thought was open to you actually wasn't.

[Boiler 45,552]

That's what several of us tried to explain: the USCIS officer didn't understand. Or rather, the USCIS officer appears to have understood what we all originally thought: that your spouse came to America as an unmarried tourist, visited you, and you got married on American soil. So the things about converting status because you got married? Don't count, because you got married in Australia.

You got really lucky, in other words. (I know it doesn't seem like it right now, but you did.)

In other words, there's no reason to kick yourself, because the option you thought was open to you actually wasn't.

You can adjust whether you marry here or enter married.

The adjustment process was cancelled because he left without AP.

[kehills 217]

Boiler, this is going to be excessively dumb as a question, apparently: if you can get married overseas, immediately come to the United States on a tourist VISA, and then convert your status, why doesn't everyone take that option?

(We, BTW, were told by the Consulate that it would be, and I'm quoting here, "really fuckin stupid, mate" to try that.)

[Boiler 45,552]

Numerically many do.

How is it different to coming as a fiancee?

You said immediately, time does not matter.

[Turtle's Wife 0]

All in all AOS and AP was never filed while he was in the US. We told the officer we was married in Australia and he still insisted we file i-485, i-131 and i-765 with the i-130. Still he said that he is unsure how it would pan out.

So he knew we married over seas and he knew that Turtle was here on an ESTA.

According to that officer, those options WAS there. (Possibly still are...(If we want to risk my husband being denied OR APPROVED)

The option of me filing the I-485, I-131 and I-765 is still there, however its a HUGE risk if they will accept it or not... If they consider it being "INTENT". HOWEVER, it doesnt seem like intent to me if he holds a round trip ticket AND all of his family lives in Australia.(Close Ties) I see no intent at all except me being his spouse and the girls. If intent is the case for his second visit, why wouldnt it have been intent for his first visit is we filed when he was here? The intent is still there even if it is NOT intentional and premeditated for his second return.

I suppose its all how you look at it and how you want to go about working with the USCIS to get your spouse over here to the US.

FOOD FOR THOUGHT: What IF he does get approved for the AOS and AP while here the secodn time....

Cheers,

Turtle's Wife

[belinda63 3,038]

Or what if he doesn't? Then he no longer can use the VWP. They already know he has intent because of the I-130. It's a risk with possible long-term consequences.