Few doubts.

[Pulposindahouse 2]

Hi there. Happy to have found this forum, a lot of useful resources!!!

Well, after reading the guides I expose my doubts, since I've seen different opinions on this forum.

Fell in love with my American woman in Spain, on 2013 summer. Married december 2014.

The first year an half I was supporting her since she had no papers to get a job. She was offered a job in a cruise in the states, so she left two weeks ago and will start working in few days. She is gonna be onboard for three months, then two weeks off, then three months again... one year.

We never thought about it, but thinking about the future we decided to start the process for the IR-1/CR-1 visa. We haven't sent anything yet.

On the other side, I have a friend from my village that left two weeks ago for a climbing trip in California. I decided to go with him and booked a round trip that leaves on the 18th Feb and back on May 19th (very excited). During that time I'm not gonna be able to see my wife, since she is gonna be on the boat.

Now I'm filling the I-130 to send it afterwards to my wife and she finishes filling it. Since we don't want this to last forever, I'd like to send it in a couple of weeks (when I'm actually in the states). Some doubts arose:

-On the question "is your spouse ever been in the States?" Should I reply "he is currently in the states"? Will they take this as me trying to stay in the country when I'm just visiting and not even intending to visit my wife cause I cannot?

When they receive the file they could check and see that already left the country (19 may).

-Or should we try to send it before I get there and say "no, he has never been". What would happen If they receive it and then they see I'm actually in the country? What date determines the trueness of the questions, the date they receive the package or the date my wife writes on the envelope the day she sends it?

I don't have any intention to stay in the states but a bit of tourism and climbing. I have a company in Spain, so need to be here for it.

I'm just getting a bit paranoid after reading.

Another question:

My wife has passed the two last years with me in Spain, so she didn't have any income in the States. Now she'll start working in this cruise that will report her about 2800$ a month. Considering her shifts she will get around 21000$ a year, but if our I-130 is approved it will be before the tax refunds of this year ends.... Is a work contract showing those 2800$ valid or should we get a sponsor?

Cause we definitely cannot transfer 60000$ to a US account.

Is all this even necessary if I'm not intending to stay in the country for the moment? I have my source of income here in spain and for the moment not considering at all working in the states....

Thanks for your time.

[KierenHby 899]

"What date determines the trueness of the questions, the date they receive the package or the date my wife writes on the envelope the day she sends it?"

Generally speaking, you sign and date a document when it has been completed; most people do so shortly before they mail things out. Everything should be correct as of the day you send it. Your signature is your oath that you filled the document truthfully and to the best of your ability.

[Eric & Idalia 56]

When my husband and I were filling out the I-130, we answered "yes" to "is your spouse ever been in the States?" because I was there as a tourist and also as an au pair. So If you are going to file the I-130 after your trip, I'd say choose "yes" because by that time you were in the States.

In the case of the sponsor, I think you guys will need a join sponsor based on the sponsor needs to have filed taxes the last 3 years. Did she file taxes while being in Spain?

[jan22 3,070]

You answer the question honestly for the day on which you prepare it -- whatever that is.

One point...you say your trip is to begin Feb. 18th and end May 19th. If those dates are the dates you plan to actually arrive in and leave the US, you need to revise the plan. If you arrive in the US on Feb. 18, you will spend 11 days in the US that month, 31 days in March, 30 days in April, and 19 days in May. That'said a total of 91 days...a violation of the Visa Waiver Program.

[Pulposindahouse 2]

Thanks to all for your responses!! I see it clear now besides one thing... Since I'm gonna be in the states when we file it's clear I should answer "yes" on the 13th question. But should I say "yes, he is currently on the states" also on the 14th?

Hi Jan22, you just made my blood freeze!

I was mistaken, but from your point of view still have the same problem. I fly the 17th of February and come back the 18th of May (the cheapest days i found). I counted manually the days on a calendar and on a online calendar. Isn't the 18th of February (after 24 hours of the 17th) counted as the first day? I mean If I arrive the 17th Februrary, at the moment I arrive to the airport it passed minutes (0 days). Then, on the 18th February I will have spent 1 day in the USA. If I go that way counting until the 18th May, then I count 90 days.

Am I wrong?

This really made me nervous now...

[Ryan H 3,834]

Hi Jan22, you just made my blood freeze!

I was mistaken, but from your point of view still have the same problem. I fly the 17th of February and come back the 18th of May (the cheapest days i found). I counted manually the days on a calendar and on a online calendar. Isn't the 18th of February (after 24 hours of the 17th) counted as the first day? I mean If I arrive the 17th Februrary, at the moment I arrive to the airport it passed minutes (0 days). Then, on the 18th February I will have spent 1 day in the USA. If I go that way counting until the 18th May, then I count 90 days.

Am I wrong?

This really made me nervous now...

"Day 1" is the day you set foot in the US which means a February 17th arrival would mean you would have to depart the US on or before May 17th. If you overstay on the Visa Waiver Program (even by one day), you will forfeit future use of the program. An overstay of 1 day on the VWP in of itself would not adversely affect the spousal visa process.

[Pulposindahouse 2]

Wow! That's a big problem, cause there is no dates available on the 17th and that would make me have to buy a new ticket.

Question: If on arriving to LA I cross the border to Mexico and come back to the country, would that extend my visa couple more days? Is that "legal"? Would that affect my VWP?

Thanks.

[Ryan H 3,834]

Question: If on arriving to LA I cross the border to Mexico and come back to the country, would that extend my visa couple more days? Is that "legal"? Would that affect my VWP?

Thanks.

Going to Mexico will not reset the 90 day clock. Neither will going to Canada or countries in the Caribbean.

[Pulposindahouse 2]

Thanks a lot. Then I'll change my flight for the 24th. I don't want to loose any vwp benefits, just in case i need it in the future.

[jan22 3,070]

Thanks to all for your responses!! I see it clear now besides one thing... Since I'm gonna be in the states when we file it's clear I should answer "yes" on the 13th question. But should I say "yes, he is currently on the states" also on the 14th?

Hi Jan22, you just made my blood freeze!

I was mistaken, but from your point of view still have the same problem. I fly the 17th of February and come back the 18th of May (the cheapest days i found). I counted manually the days on a calendar and on a online calendar. Isn't the 18th of February (after 24 hours of the 17th) counted as the first day? I mean If I arrive the 17th Februrary, at the moment I arrive to the airport it passed minutes (0 days). Then, on the 18th February I will have spent 1 day in the USA. If I go that way counting until the 18th May, then I count 90 days.

Am I wrong?

This really made me nervous now...

Sorry I panicked you and then wasn't online to answer your follw-up questions....but Ryan H got you on the right track. A lot of people think "3 months" for a visa waiver entry instead of " 90 days", which can get people into trouble. Always good to count days just to be sure...and to know that any portion of a day -- even one minute-- is a day for VWP purposes. Glad you caught it in time to stay clear of issues.