Filing an a petition in the USA while wife is on a tourist visa

[Big Stu 0]

Hey folks,

 

I'm a US citizen and my (non citizen) wife and i reside abroad. Could she enter the States on her tourist visa and we file the I130 domestically? Would it be a problem if she overstayed her 90 days while waiting during the process? Also, would there be any benefit to doing this instead of the filing via a consul?

[p-ana 933]

5 minutes ago, Big Stu said:

Hey folks,

 

I'm a US citizen and my (non citizen) wife and i reside abroad. Could she enter the States on her tourist visa and we file the I130 domestically? Would it be a problem if she overstayed her 90 days while waiting during the process? Also, would there be any benefit to doing this instead of the filing via a consul?

It’s visa fraud 

[Big Stu 0]

Well, good thing I asked!

[Dashinka 24,512]

Agreed, entering the US on a visitor visa with the expressed intent to stay and immigrate is fraud.

[Big Stu 0]

Consular process it is.

[GMvietnam 28]

10 minutes ago, Big Stu said:

Hey folks,

 

I'm a US citizen and my (non citizen) wife and i reside abroad. Could she enter the States on her tourist visa and we file the I130 domestically? Would it be a problem if she overstayed her 90 days while waiting during the process? Also, would there be any benefit to doing this instead of the filing via a consul?

 

Not a smart idea.  Visa fraud can ban your wife from entering the US for years or maybe forever....File I-130 legally. Good luck.

[Abfim 27]

It is considered as fraud. You will need to file I-130. I'm assuming she can come on a visitor visa while the I-130 is in process. Not to come for good but just to visit.  Don't quote me on that last part as I am not 100% sure. Anybody else know for sure?

[Lil bear 4,219]

Moved from Direct Consular Filing to **Bringing  family members of USC to live in the US**  as OP

is not using DCF at this stage 

[Crazy Cat 41,888]

4 minutes ago, Abfim said:

It is considered as fraud. You will need to file I-130. I'm assuming she can come on a visitor visa while the I-130 is in process. Not to come for good but just to visit.  Don't quote me on that last part as I am not 100% sure. Anybody else know for sure?

Yes, visiting the US during the spousal visa process is allowed......as long as the visitor can convince the border officer that he/she will return to the home country.......entry is always at the discretion of the CBP officer.......

[Lil bear 4,219]

6 minutes ago, Abfim said:

It is considered as fraud. You will need to file I-130. I'm assuming she can come on a visitor visa while the I-130 is in process. Not to come for good but just to visit.  Don't quote me on that last part as I am not 100% sure. Anybody else know for sure?

Yes ..if from a VWP country or with an existing visitors visa ..  visiting is possible but entry is always at the discretion of the CBP officer

[payxibka 10,045]

If it was kosher then there would be no reason to have IV units in these countries

[Kaleigh & Dan 5]

My fiance visited twice under visa waiver. He stayed 89 days the first time and 75 days the second time. He had no problems the first trip which was prior to the filing of our petition. Second trip he got a stern warning. Stating he would need his visa before he could return. He BARELY got in. 

It's possible and legal to travel but you'll have to show good proof that you plan to return and ties to your home county which require your return.

[JFH 12,190]

2 hours ago, Kutaleigh said:

My fiance visited twice under visa waiver. He stayed 89 days the first time and 75 days the second time. He had no problems the first trip which was prior to the filing of our petition. Second trip he got a stern warning. Stating he would need his visa before he could return. He BARELY got in. 

It's possible and legal to travel but you'll have to show good proof that you plan to return and ties to your home county which require your return.

This is always the risk when you undertake such long visits that the CBP Officer (rightfully) questions whether you have a job back home, whether you are actually living here in installments. 

 

I visited over 40 times on the VWP. Shortest visit was 4 days and the longest 3 weeks but mostly a week at a time. Cumulatively I spent more time with my husband than two maxed out visits and no problems at all. Short, frequent visits are much better received than two or three “mega visits”. I would never recommend long visits, especially in a country where the average person has more fingers than annual vacation days. 

[Big Stu 0]

Super helpful everyone! Thank you for responding. Seems like I had gotten some bad advice from a lawyer and am very glad I asked as it didn't smell right. We are 100% committed to DCM. 

[Nitas_man 3,100]

6 hours ago, Big Stu said:

Super helpful everyone! Thank you for responding. Seems like I had gotten some bad advice from a lawyer and am very glad I asked as it didn't smell right. We are 100% committed to DCM. 

That lawyer was about to get you in a lot of trouble.

 

Are you working for a US company and transferring back?  The support affidavit is an issue in DCF.  Usually requires a big stash of cash assets or a co-sponsor.

Edited July 26, 2019 by Nitas_man