I'm apart from my wife and kids while our I-130 is processing, please help!

[thescoot85 0]

Hello everyone, I appreciate in advance any help you can give us.

 

I met my wife in the states while she was here on a student visa. We got married and she stopped going to school around that time and she stayed in the states for several months after that. We sent in the I-130 but then made a decision to move to her country for a few years to have our baby.

 

We never heard back from USCIS. I could not get through on the phone. I checked the website and they said she had been denied and had sent the reason why to our former American address at a big apartment complex. I requested them to send to our Korean address but got nothing. I spoke to someone later on the phone at USCIS who said that info was only available for one year.

 

I chose to move by myself to the states due to mental problems and a career change and applied in Oct 2022 for my wife's I-130 again. My wife and two kids are in her country. The site said it would take 16 months, but now it gives no time estimate. We are tired of waiting. Can my wife come to the states on a tourist visa and just overstay her visa or something? Don't want her to be denied again, but we are so tired of being apart.

[Crazy Cat 41,651]

Most of us know how you feel.  No person I know likes to be separated during the immigration process.  However, that is normally part of the process.  Your wife can temporarily visit the US during the process if she has a valid tourist visa AND if CBP allows her to enter.  She cannot live in the US until she receives an appropriate visa to do so. 

Why was the I-130 denied? That is extremely important to know.  A spousal visa is currently taking about 18 months to 2 years.  Good luck. 

Edited September 7, 2023 by Crazy Cat

[Boiler 45,361]

She has a denied I 130

 

2 US Citizen children

 

Overstayed here F1

 

New I 130

 

I do not see her visiting.

[thescoot85 0]

She visited the states this summer for six weeks. My question is that if she visits again and stays longer than 90 days, will that hurt her chances of being approved?

[Boiler 45,361]

I would remind you of the sites Terms and Conditions which you agreed to.

[Dashinka 24,419]

3 minutes ago, thescoot85 said:

She visited the states this summer for six weeks. My question is that if she visits again and stays longer than 90 days, will that hurt her chances of being approved?

It could, and no one here would recommend entering with intent to overstay.  LDR’s are difficult especially when there are kids involved, but it seems she is able to visit, so my best advice, since you are nearing the finish line for a spousal visa, is to continue the visits, keep them short, and in the next 6-8 months, hopefully the spousal visa will be there.

 

Good Luck!

[powerpuff 6,618]

~~ Topic moved from Progress Reports to Process & Procedures ~~
 

1 hour ago, thescoot85 said:

Can my wife come to the states on a tourist visa and just overstay her visa or something?

 

10 minutes ago, thescoot85 said:

My question is that if she visits again and stays longer than 90 days

What is suggested here is immigration fraud - namely coming to the US on an non-immigrant visa with an intent to overstay and adjust status. Spouses of US citizens are not exempt from having to obtain a correct visa for their intentions.

 

As a Moderator, I have to remind all here that discussing and condoning illegal ways to immigrate are against the sites terms of service. 
 

The answer is no, she cannot do that and this will not be discussed further. Thank you.

 

Edited September 7, 2023 by powerpuff

[Timona 4,207]

The first I-130 was rightfully denied. She was supposed to AOS in US but left. 

 

Now you have a new I-130, presumably consular. Just wait

[Boiler 45,361]

1 minute ago, Timona said:

The first I-130 was rightfully denied. She was supposed to AOS in US but left. 

 

Now you have a new I-130, presumably consular. Just wait

If that was the case the I 485 would be dead, not the I 130.

[Mike E 11,739]

2 hours ago, thescoot85 said:

We got married and she stopped going to school around that time and she stayed in the states for several months after that.

How many months?

 

2 hours ago, thescoot85 said:

We sent in the I-130 but then made a decision to move to her country for a few years to have our baby.

Did you also send in I-485?

2 hours ago, thescoot85 said:

and applied in Oct 2022 for my wife's I-130 again. 

October 2023 would be a good time to file for a WoM: 

 

Edited September 7, 2023 by Mike E

[Crazy Cat 41,651]

I would think the first order of business after an I-130 denial would be to find out why it was denied...... I hope you get by this obstacle soon.

Edited September 8, 2023 by Crazy Cat

[thescoot85 0]

Thanks guys. 

 

Why was I-130 denied the first time?: multiple times I requested them to resend the denial notice, told them about our change of address, but never got it. I just requested they send the denial notice again.

 

Did I file I-485?: I filed the I-485 with the I-130.

 

How many months did she stay in the states after quitting school?: 5 months

 

 

[Crazy Cat 41,651]

3 minutes ago, thescoot85 said:

I filed the I-485 with the I-130.

When did you file the I-485?  Where was she when the I-485 was filed?  

Edited September 7, 2023 by Crazy Cat

[pushbrk 12,822]

56 minutes ago, thescoot85 said:

Thanks guys. 

 

Why was I-130 denied the first time?: multiple times I requested them to resend the denial notice, told them about our change of address, but never got it. I just requested they send the denial notice again.

 

Did I file I-485?: I filed the I-485 with the I-130.

 

How many months did she stay in the states after quitting school?: 5 months

 

 

In an adjustment of status case, the finial decision for both the I-130 and I-485 would be made at the interview you would have together.  If you did not show up for the scheduled interview, then both were denied, as they considered you had abandoned the process.  

 

I don't see this as a problem for your new case.  You and your family can visit each other as legally allowed.  "Tired of waiting" is not going to bring the kind of sympathy that changes your visa timeline at all, or your legal options for reuniting your family.

[Mike E 11,739]

2 hours ago, thescoot85 said:

Thanks guys. 

 

Why was I-130 denied the first time?: multiple times I requested them to resend the denial notice, told them about our change of address, but never got it. I just requested they send the denial notice again.

 

Did I file I-485?: I filed the I-485 with the I-130.

 

How many months did she stay in the states after quitting school?: 5 months

 

 

It seems like she was never in a period of unauthorized presence, but the timeline is not clear. 
 

If she had more than 180 days of unauthorized presence, she is subject to a ban.

 

You need to do a FOIA on the first I-130 to see why it was denied.