Can we live together in US prior to approval?

[Kev & Aki 0]

Hello fellow travelers,

I wonder if those of you who have already married your foreign spouse and filed your I-130 are living with your spouse in the US as you wait for your immigration approvals and interview. I have heard different stories; some say this situation will delay or nullify our initial application; some that say it does not matter. Any help would be great. We are tired of living apart.

Thanks! Kev

[Deputy Purple 1,294]

The real question is how will you get into the US?

As you have immigrant intent you cannot legally use the Visa Waiver Program.

If you apply for another Visa (like B-1/2) the application will ask the reason for your visit and if you are honest ("To live with my USC Spouse") it will be denied.

If you use the VWP or lie on a Visa Application it can lead to a lifetime entry ban for misrepresentation.

So, I ask you again: How will you get here?

[Kev & Aki 0]

Thanks for the reply! Thats helpful. I would edit my original post to emphasize how it would be for my spouse visiting on a tourist visa. Not so much live together yet of course. I wonder what ramifications there may be for her visiting on a tourist visa. For those of you who are married to a foreign spouse and waiting on immigration, are you similarly living in separate countries, until the CR1/IR1 is approved?

Thanks! Kev

[Deputy Purple 1,294]

In theory it's possible.

In reality, unless your spouse is Canadian, it's nearly impossible.

Having a petition is solid proof of immigrant intent. Hide it or lie about it and you've committed misrepresentation which gets you a lifetime entry ban that isn't waiverable. How will you overcome the intent?

I married my wife in Jan-2009, filed the petition in Apr-2009, she landed here in Nov-2009. We both hated being apart but 8 months (and 1 day exactly) after her POE the pain of the separation has long faded.

Edited July 26, 2010 by Bob 4 Anna

[Simmy 3]

In reality, unless your spouse is Canadian, it's nearly impossible.

Hi Bob -- I have the same question as the original poster. Thanks for you response.

In fact, I *am* Canadian -- so I'm wondering why or how it is any different for Canadians? I'd still have intent to immigrate when entering the US.

Thanks,

Simmy

[tokyo.lovers 6]

so you are already married, right?

and you want her to come into the country on a tourist visa, then submit the I-130???

i think it will be really hard if you are already married. because then it is out right lying at immigration about the intent to enter the country for immigration purposes and not tourism.

usually people enter on the tourist visa, get married in the USA, then file the I-130 (illegal). and get their petitions approved. there is the small chance of denial though. i have yet to hear of someone being denied who did this.

but in your case, if you are already married, i think it's harder to be approved.

you can try it, and hope all goes well. but you run the risk of being denied. and if you are denied, i don't know what you could do.

and the odds of being denied are probably way higher if you are already married.

good luck.

[LotofPatience 65]

Thanks for the reply! Thats helpful. I would edit my original post to emphasize how it would be for my spouse visiting on a tourist visa. Not so much live together yet of course. I wonder what ramifications there may be for her visiting on a tourist visa. For those of you who are married to a foreign spouse and waiting on immigration, are you similarly living in separate countries, until the CR1/IR1 is approved?

Thanks! Kev

99.99999999999999% (That's close to 100%) the visitor visa will be rejected.

My wife is another victim. Even after surrendering the previous green card, my wife's B2 visa was denied - 214(b) - potential immigrant.

Our logical thinking was NOT correct. GC surrender means she didn't have any intention to live here permenently, right? That's the logical temporary intent!

But once they have any entry like 'IMMIGRANT', non-immigrant visas will be denied, and mostly forever.

Loto

[Kev & Aki 0]

99.99999999999999% (That's close to 100%) the visitor visa will be rejected.

My wife is another victim. Even after surrendering the previous green card, my wife's B2 visa was denied - 214(b) - potential immigrant.

Our logical thinking was NOT correct. GC surrender means she didn't have any intention to live here permenently, right? That's the logical temporary intent!

But once they have any entry like 'IMMIGRANT', non-immigrant visas will be denied, and mostly forever.

Loto

Major thanks Loto. Your tough earned wisdom will save me serious headaches. Although that's in trade for the heartache. Is this what they mean by love is patient? I wish you good luck as well learning that funny kind of logic.

[Kev & Aki 0]

In theory it's possible.

In reality, unless your spouse is Canadian, it's nearly impossible.

Having a petition is solid proof of immigrant intent. Hide it or lie about it and you've committed misrepresentation which gets you a lifetime entry ban that isn't waiverable. How will you overcome the intent?

I married my wife in Jan-2009, filed the petition in Apr-2009, she landed here in Nov-2009. We both hated being apart but 8 months (and 1 day exactly) after her POE the pain of the separation has long faded.

Bob, I am starting to get how this works now. That helps; I see now what you mean about "intent". Very important.

Also, your time line isn't too bad. When you say filed the petition in Apr 2009, is that the I-130 petition or something else?

K

[*Snowdrop* 604]

Bob, I am starting to get how this works now. That helps; I see now what you mean about "intent". Very important.

Also, your time line isn't too bad. When you say filed the petition in Apr 2009, is that the I-130 petition or something else?

K

If you have a tourist visa or can use the VWP is it possible to visit while the application is processing - bearing in mind that some people have had problems at the border and are turned away. However many many people visit successfully. I visited four or five times during the time the application was processing and never had any problems. I even stayed for nearly the full VWP limit on one occasion (90 days) which was a little bit like living together properly for the first time in our marriage. I never overstayed and I always took evidence of my return - letter from employers etc.

A lot depends on your country of origin and whether you are using the VWP. It's definitely easier for some nationalities than others.

[Justine+David 218]

Yeah, you can still use VWP--but don't go over the 90 days and have strong ties to show the border guard. David visited me twice during the process and many times before that.

[Deputy Purple 1,294]

Bob, I am starting to get how this works now. That helps; I see now what you mean about "intent". Very important.

Also, your time line isn't too bad. When you say filed the petition in Apr 2009, is that the I-130 petition or something else?

K

Yep, filed the I-130 mid April, Received NOA2 mid August.

NVC Processing was September with case complete in the first week of October.

Interview was originally Scheduled for Nov 23 but she called and got it moved up to Nov 18.

Visa was issued on Nov 24, she was on the plane Nov 25!

[Boiler 45,676]

I visited as well, long as you are visiting should not be a problem.

[LotofPatience 65]

Major thanks Loto. Your tough earned wisdom will save me serious headaches. Although that's in trade for the heartache. Is this what they mean by love is patient? I wish you good luck as well learning that funny kind of logic.

You can try for visitor visa, Kev & Aki. Visitor visa denial should NOT affect the immigrant visa processing. If you can get B1/B2 visa, you will be so lucky, otherwise you will just lose the visitor visa fee, that's all.

"Love is patient" :-) Good one :-)

Good luck to your immigration journey as well!

Loto

[Boiler 45,676]

I would strongly advise not applying for a B Visa, very unlikely to get one.