Help from the VJ advisors

[michael_nc 0]

My question is this....

If I didn't want to wait another 6 months for our K-3 approval..Is it possible to get my wife here in the US and we file for change of status? She already has a tourist visa and can travel. We got married here in the US and we decided she would need to go back to the Philippines to render her resignation. I won't divulge the type of job she has, so let's say she works for the Philippine government in a certain capacity.(nothing related to immigration)....more in the legal field. Would this be possible or am I missing something that might present a problem later?

Our Timeline:

I-130

4/03/2007... mailed to TSC

4/21/2007... received NOA in mail (dated 4/18/2007)

4/24/2007...check cleared bank

Nothing since....no touches

I-129F

4/23/2007... mailed to Chicago

4/25/2007... received in Chicago (delivery confirmation)

5/01/2007... received NOA1 (dated 4/27/2007)

5/03/2007... touched

5/11/2007... email notice case being transferred to CSC

5/15/2007... touched

5/16/2007... received transfer NOA 5/16/2007

6/04/2007... email notice saying "Case is now pending at CSC"

6/05/2007... touched

6/06/2007... touched

Nothing since.....no touches

[pushbrk 13,068]

My question is this....

If I didn't want to wait another 6 months for our K-3 approval..Is it possible to get my wife here in the US and we file for change of status? She already has a tourist visa and can travel. We got married here in the US and we decided she would need to go back to the Philippines to render her resignation. I won't divulge the type of job she has, so let's say she works for the Philippine government in a certain capacity.(nothing related to immigration)....more in the legal field. Would this be possible or am I missing something that might present a problem later?

Our Timeline:

I-130

4/03/2007... mailed to TSC

4/21/2007... received NOA in mail (dated 4/18/2007)

4/24/2007...check cleared bank

Nothing since....no touches

I-129F

4/23/2007... mailed to Chicago

4/25/2007... received in Chicago (delivery confirmation)

5/01/2007... received NOA1 (dated 4/27/2007)

5/03/2007... touched

5/11/2007... email notice case being transferred to CSC

5/15/2007... touched

5/16/2007... received transfer NOA 5/16/2007

6/04/2007... email notice saying "Case is now pending at CSC"

6/05/2007... touched

6/06/2007... touched

Nothing since.....no touches

No, she cannot enter on another visa type and then adjust status. That's textbook visa fraud. She can come and visit if her visa is valid and she's careful at the point of entry, but she'll need to return to the PI for her interview etc.

If you married on the spur of the moment or simply based on a decision that occured after her entry, you could have adjusted status but since she went home, that option is gone.

[Kez/JWolf 6]

If she enters the US on a tourist visa with the intent on doing AOS then she would be commiting visa fraud..... a tourist visa is just that for tourists...

Now if when you had got married on the spur of the moment she had stayed then yes you could have done AOS, but as she left the US you now have to go with the K3 ot CR1....

Kez

[ApprovalPlease 0]

If she is already in US with tourist visa and if you think you can convince the Immigration that she didnot enter the country with the intention to marry but decided to get married during the visit, you should file for Adjustment of Status or AOS. If not apply for K3, she goes back at the end of her visa time frame, and you guys wait for your turn for K3, either way good luck.

[Kez/JWolf 6]

If she is already in US with tourist visa and if you think you can convince the Immigration that she didnot enter the country with the intention to marry but decided to get married during the visit, you should file for Adjustment of Status or AOS. If not apply for K3, she goes back at the end of her visa time frame, and you guys wait for your turn for K3, either way good luck.

They are already married and she left to go back to her home country.... if she now comes on a tourist visa that would be visa fraud....

Kez

[Yodrak 7]

michael_nc,

You are missing the fact that it is against immigration law to enter the USA as a non-immigrant with immigrant intent. Yes, if CBP were to let her in - they might not - it might present a problem afterwards.

Yodrak

My question is this....

If I didn't want to wait another 6 months for our K-3 approval..Is it possible to get my wife here in the US and we file for change of status? She already has a tourist visa and can travel. We got married here in the US and we decided she would need to go back to the Philippines to render her resignation. ..... Would this be possible or am I missing something that might present a problem later?

.....

[pushbrk 13,068]

michael_nc,

You are missing the fact that it is against immigration law to enter the USA as a non-immigrant with immigrant intent. Yes, if CBP were to let her in - they might not - it might present a problem afterwards.

Yodrak

My question is this....

If I didn't want to wait another 6 months for our K-3 approval..Is it possible to get my wife here in the US and we file for change of status? She already has a tourist visa and can travel. We got married here in the US and we decided she would need to go back to the Philippines to render her resignation. ..... Would this be possible or am I missing something that might present a problem later?

.....

Rereading your post, it isn't clear whether she has returned to the PI or remains in the US. If she is still here and had not plan to marry upon her last entry, then you can adjust status if she stays. If she leaves and returns on the tourist visa, it's visa fraud.

Please read the specific Guide for this including the warnings and then come back with a clarified post.

http://www.visajourney.com/forums/index.ph...page=i130guide2

[ApprovalPlease 0]

She can come here with her tourist visa, stay the duration, go back for K3 visa interview and come back in with K3 visa. Thats the best advice I can give you. If you apply for AOS they might constitute it as visa fraud and their penalties for that are pretty severe (like 10 year ban etc). I wouldn't take that chance.

[simple_male 1]

Your wife should continue CR-1/K-3. It is not a good idea to try to come with a tourist visa, then do AOS here.

My question is this....

If I didn't want to wait another 6 months for our K-3 approval..Is it possible to get my wife here in the US and we file for change of status? She already has a tourist visa and can travel. We got married here in the US and we decided she would need to go back to the Philippines to render her resignation. I won't divulge the type of job she has, so let's say she works for the Philippine government in a certain capacity.(nothing related to immigration)....more in the legal field. Would this be possible or am I missing something that might present a problem later?

Our Timeline:

I-130

4/03/2007... mailed to TSC

4/21/2007... received NOA in mail (dated 4/18/2007)

4/24/2007...check cleared bank

Nothing since....no touches

I-129F

4/23/2007... mailed to Chicago

4/25/2007... received in Chicago (delivery confirmation)

5/01/2007... received NOA1 (dated 4/27/2007)

5/03/2007... touched

5/11/2007... email notice case being transferred to CSC

5/15/2007... touched

5/16/2007... received transfer NOA 5/16/2007

6/04/2007... email notice saying "Case is now pending at CSC"

6/05/2007... touched

6/06/2007... touched

Nothing since.....no touches