couple of questions

[evahamilton 0]

Hello everyone,

I am a dutch woman (living in Holland), married to an American. We filed the I-130 three weeks ago.

Is it right that we can allready file the I-129F and I-797 too? So i can come to the states to await my residence? Or do we have to wait to file those untill i get my I-130 approval?

Were we supposed to receive the I-797 from the uscis? Because i cant find the form online.

I am gonna visit my husband in may for three weeks, a lot of people advised me to not tell them at the airport that im married, beacuse they might not let me in... I dont like the idea of lying, can anyone advice me in this?

Thanks so much in advance!

Eva

[mendeleev 68]

They send the I-797 (probably a I-797C) to the petitioner -- your husband. This I-797 acknowledges their receipt of the I-130.

Then your husband, the petitioner, finishes putting together the I-129F packet, including a copy (not the original!) I-797.

[island_princess 2]

Is it right that we can allready file the I-129F and I-797 too? So i can come to the states to await my residence? Or do we have to wait to file those untill i get my I-130 approval?

As soon as your husband will received NOA1 or I-797, you can proceed with the next stage, filing of I-129F to Chicago Service Center.

Were we supposed to receive the I-797 from the uscis?

Yes, a hardcopy is sent via snail mail. However, you can check if for your case reference no. at the back of your encashed check, and track it online. Better yet, create an account with USCIS to monitor the flow of your case.

[aussiewench 9]

I-797 and I-797C are not forms, they are Notices Of Action. You will receive many of these throughout this whole process right up to the naturalization stage. Initially you will receive an NOA that they have received the I-130 petition. If you wish to file the I-129F (which leads to the K-3 visa), you will need to include a copy of the I-130 NOA when you submit the I-129F. You will then get another NOA for receipt of the I-129F as well as NOA's when both these petitions are approved.

As to lying. Would not recommend it unless you wish to risk it biting you in the bum. Never lie to the CBP officers. Better to be honest if asked and have evidence of strong ties to your home country. There is never any guarantees that you will be permitted entry, but can you, yes.....its totally up to the CBP officer as to whether to allow you entry.

[evahamilton 0]

Thanks for the clear answers, now i fully understand it. We can get started on the 129F now!

I do agree with the not lying part, feels better to myself too, but i do of course wanna make the risk of not being able to get in as small as possible.

I did not change my name in Holland yet or mentioned my marriage anywhere official, so i figured not telling them about being married, but coming to the states to visit friends, is not lying but basically not telling everything?

Do they usually give everyone visiting on a visa waiver this big hearing at the airport? It was apretty big deal when i came to the states on my 6 month tourist visa, but i would think for a waiver it isnt as strict?

Thanks in advance!

[evahamilton 0]

Thanks for the clear answers, now i fully understand it. We can get started on the 129F now!

I do agree with the not lying part, feels better to myself too, but i do of course wanna make the risk of not being able to get in as small as possible.

I did not change my name in Holland yet or mentioned my marriage anywhere official, so i figured not telling them about being married, but coming to the states to visit friends, is not lying but basically not telling everything?

Do they usually give everyone visiting on a visa waiver this big hearing at the airport? It was apretty big deal when i came to the states on my 6 month tourist visa, but i would think for a waiver it isnt as strict?

Thanks in advance!

Nevermind, i am a true newby, i calmed down a bit a read a lot more, and i found my answers here. There are a lot of patient people here, willing to help us. Thanks so much for that!!

[Singers 0]

Do not lie! If they ask you if you are married (and they will have your immigration status on file) you must tell them you are married. To say otherwise is a serious offense.

I know from personal experience that they can pull up your records and find out if you have filed an I-130. (They did this for my husband.) If they decide to do this and you say you aren't married you are in serious trouble and are guaranteed a one way ticket back home.