Could we marry and file for an I-130 if I were to travel to the US on a work visa?

[MargotDarko 0]

So-just make sure that I have this right...

If we go down the route of the K1 fiance visa, then I would be allowed to visit the US while the visa process is going on. But if I were to go to the US and we were to marry then file an I-130, I could only stay as long as my I-94 allowed me to and I would then have to return to the UK until the process was complete (or would I be allowed to visit on another I-94?)

Again, no guarantees of entry but yes, you could visit again.

Guinness - if your employer obtains a H1B visa for you, you would be allowed to stay in the US and adjust status after marrying your fiancee. Pushbrk was trying to explain that, but I think it got pretty confusing with some misinformation from other people and also someone else asking a very different question than your original post.

[YuAndDan 153]

What about a B1/B2 border crossing visa? Does this allow AOS while in the US?

No if the intent is to immigrate when using that visa.

This is beating a dead horse. If a NON-Immigrant visa other than K-1, and K-3 are used with the INTENT to immigrate that is VISA FRAUD.

Using an H1B visa with the intent to immigrate is not visa fraud. It is a dual intent visa.

Have no problem with that. An H1B is an immigrant visa so using it to immigrate is not a problem.

[guinness1969 0]

We've talked things through and I think we've finally made a decisiion...

If I was to transfer jobs it would mean that I would have to settle some 3 hours away from where she currently lives and from where we intend to build our home. The reason that we were going to go down the work visa route was that we both thought that with an I-130 I wouldn't be able to see her for months on end.

If I can still get there whenever she needs me though, then we've decided that the I-130 is the way to go. Providing that I understand things right this means that:

I can still visit her in the US while we are waiting for everything to be approved and that when finally everything is sorted out I will be able to get a work permit straight away and begin working in the city that we have our home in.

Thank you so much for all your time and kindness-we really were in turmoil about what to do-I can't begin to tell you all how much talking to you all has helped.

Wishing you all the very best,

Guinness.

[MargotDarko 0]

We've talked things through and I think we've finally made a decisiion...

If I was to transfer jobs it would mean that I would have to settle some 3 hours away from where she currently lives and from where we intend to build our home. The reason that we were going to go down the work visa route was that we both thought that with an I-130 I wouldn't be able to see her for months on end.

If I can still get there whenever she needs me though, then we've decided that the I-130 is the way to go. Providing that I understand things right this means that:

I can still visit her in the US while we are waiting for everything to be approved and that when finally everything is sorted out I will be able to get a work permit straight away and begin working in the city that we have our home in.

Thank you so much for all your time and kindness-we really were in turmoil about what to do-I can't begin to tell you all how much talking to you all has helped.

Wishing you all the very best,

Guinness.

I'm glad we've been able to help.

You are definitely allowed to visit her. The immigration office can refuse you if he/she believes you intend to immigrate on that entry, but you should be fine if you always bring proof of your ties to home. Also, only ever directly answer questions. When they ask why you're there, you don't have to say to visit your wife. Just say, to see friends and family. Always answer honestly though, which sometimes means the issue of your wife will come up, and that's when proof of ties to your home country will be good. A letter from your employer, return tickets, copy of your lease/mortgage should do the trick. Especially for trips that are only a couple weeks.

If you follow the I-130 to completion and enter the US on a CR1/IR1 visa, then yes, you will be able to work right away. If you enter the US on a K3 visa, you will have to apply for adjustment of status and wait about 3 months for work authorisation. The I-130 route should take roughly 10 months to a year to complete. The K3 visa would probably take six to seven months without any hitches along the road. If you can stand that extra few months apart, I think it's totally worth it.

Oh wait... when and where are you going to get married? You can get married in the US under the VWP and then leave. My husband and I did that. Just bring lots of proof of your return.

[elmcitymaven 9,712]

Oh wait... when and where are you going to get married? You can get married in the US under the VWP and then leave. My husband and I did that. Just bring lots of proof of your return.

We did the same thing -- visited my family for a month, got married and returned to London. We never realised he should bring any ties at the time, and he was never asked for proof of return beyond his return ticket. Still, having proof is a great insurance policy and had we known at the time we certainly would have packed them too.

[MargotDarko 0]

Oh wait... when and where are you going to get married? You can get married in the US under the VWP and then leave. My husband and I did that. Just bring lots of proof of your return.

We did the same thing -- visited my family for a month, got married and returned to London. We never realised he should bring any ties at the time, and he was never asked for proof of return beyond his return ticket. Still, having proof is a great insurance policy and had we known at the time we certainly would have packed them too.

My husband wasn't asked to show his proof of return either - not even his eTicket! He was just lucky though, or maybe he's just so ridiculously trustworthy that even a suspcious stranger will believe him!

EDIT - Hehe. Are you really getting a limo for your return home?! That's great.

Edited July 27, 2007 by MargotDarko

[guinness1969 0]

Hello all!

Well we did it...we finally made our minds up...I think. I popped over to the US in August and we decided there and then to get married. So August 13th 2007 is now officially the best day of my life.

We put the I-130 package together, and we're still wondering if we did it right. The postal receipt says that it was recieved in Texas SC on the 23rd August, so I guess now the waiting starts....

[faith11 0]

Hello all!

Well we did it...we finally made our minds up...I think. I popped over to the US in August and we decided there and then to get married. So August 13th 2007 is now officially the best day of my life.

We put the I-130 package together, and we're still wondering if we did it right. The postal receipt says that it was recieved in Texas SC on the 23rd August, so I guess now the waiting starts....

Congratulations

Good luck with your journey.

[Sangrita 0]

Hello all!

Well we did it...we finally made our minds up...I think. I popped over to the US in August and we decided there and then to get married. So August 13th 2007 is now officially the best day of my life.

We put the I-130 package together, and we're still wondering if we did it right. The postal receipt says that it was recieved in Texas SC on the 23rd August, so I guess now the waiting starts....

Congratulations! But why did you send it to Texas Service Center? That is not a very big mistake, but it will probably cost you time...

There are two Service Center, who are working on I-130 Petitons - California SC and Vermont SC.

Edited September 12, 2007 by Sangrita

[edp333 9]

Congratulations! But why did you send it to Texas Service Center? That is not a very big mistake, but it will probably cost you time...

There are two Service Center, who are working on I-130 Petitons - California SC and Vermont SC.

The directions on the I-130 still tells you:

If you live in Alabama, Arkansas, Florida, Georgia,Kentucky, Louisiana, Mississippi, New Mexico, NorthCarolina, Oklahoma, South Carolina, Tennessee or Texas,mail this petition to:

USCIS Texas Service Center

P.O. Box 850919

Mesquite, TX 75185-0919

[Sangrita 0]

Congratulations! But why did you send it to Texas Service Center? That is not a very big mistake, but it will probably cost you time...

There are two Service Center, who are working on I-130 Petitons - California SC and Vermont SC.

The directions on the I-130 still tells you:

If you live in Alabama, Arkansas, Florida, Georgia,Kentucky, Louisiana, Mississippi, New Mexico, NorthCarolina, Oklahoma, South Carolina, Tennessee or Texas,mail this petition to:

USCIS Texas Service Center

P.O. Box 850919

Mesquite, TX 75185-0919

True... I´m sorry, it was the 129F (K1), which has now a direct filling address

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Sorry again

[guinness1969 0]

Sorry if this has been asked/answered before but...

We've recieved our NOA1's for both our I-130 and I-129 will I still be allowed to visit her in the US or does this mean that I can't visit anymore because our case is classed as 'pending'?

Thanks,

G.

[MargotDarko 0]

Sorry if this has been asked/answered before but...

We've recieved our NOA1's for both our I-130 and I-129 will I still be allowed to visit her in the US or does this mean that I can't visit anymore because our case is classed as 'pending'?

Thanks,

G.

You are allowed to visit her at any time during the process. You have to prove to the immigration officer that you will not overstay your I-94 (usually 90 days with the visa wavier programme) and they can refuse you entry if they believe you might try to stay and adjust status.