Already married...wait for spouse to return to US before applying?

J

JMPC

Registered Users (C)
Im a USC, my spouse is a foreign national only possessing a tourist visa. My spouse and I married in the US at the beginning of the year. She returned to her home country within the 90 day time limit. I'm now here visiting her for 3 months. She will be returning back to the US with me in two months.

Should I send in the I-130 now and submit a I-485 once we're back together in the US? Or...should I wait until she is back in the US and submit both together?

Lastly, should she go ahead and tell the immigration officer that she is married when going through customs? Only tell them if asked?

Thanks...
 
She had a 90-day limit? That seems like the visa waiver, for which the courts have been clamping down on people who use it as a stepping stone to stay in the US and immigrate.

She's not supposed to enter the US with the preconceived intent to immigrate, especially not with the visa waiver. File the I-130 and have her pursue the process through the US consulate in her country.
 
Yeah, she has a 90 day limit. Country of origin is Argentina so those are the limits placed on the tourist visa (also she did a work/study program under a J-1 visa; I cant remember if/how that effects the tourist visa).

So best course of action is to have her wait back home?
 
JMPC said:
Yeah, she has a 90 day limit. Country of origin is Argentina so those are the limits placed on the tourist visa (also she did a work/study program under a J-1 visa; I cant remember if/how that effects the tourist visa).

So best course of action is to have her wait back home?
Click to expand...

Yes!
 
Well that's a bummer....

Is it okay if she still comes and visits under the terms of her tourist visa as long as she returns home while the residency paperwork is processing?
 
Ouch, situation just isnt looking good.

We did marry in the US the last time she was here. She returned back to her home country (that's where we're at now). Would that help the situation? Maybe shows we're not trying to play the system...
 
It does appear you are not trying to game the system, however if the officer chooses to strictly interpret the guidance, he can deny her entry. Its a roll of the dice
 
Okay. Thanks for the replies; I appreciate it.

I guess I'll just roll the dice. If she's denied, it's only money right?
 
If she's going to enter the US again as a visitor, don't travel to the US together. Or at least if you travel together, don't be seen entering the immigration area together. Them seeing you together (or seeing her with any other adult male) may prompt the officer to ask her if she's married.
 
Triple Citizen said:
Yes, only money, provided she tells the truth at the POE when questioned.
Click to expand...
Of course. We're honest. Not trying to pull one on the govt.

Jackolantern said:
If she's going to enter the US again as a visitor, don't travel to the US together. Or at least if you travel together, don't be seen entering the immigration area together. Them seeing you together (or seeing her with any other adult male) may prompt the officer to ask her if she's married.
Click to expand...
Good tip, thanks.
 
Then just forego the visit. If you did not want to deal with immigration issues and the separations, you should have married a USC.
 
Concerned4us said:
Then just forego the visit. If you did not want to deal with immigration issues and the separations, you should have married a USC.
Click to expand...

Oh is that what I should have done?? Thank you for that indispensable advice! It's not too late either! I can just divorce my wife and find some USC because then I wont have to deal with immigration issues and separations. Thanks!
 
JMPC said:
Oh is that what I should have done?? Thank you for that indispensable advice! It's not too late either! I can just divorce my wife and find some USC because then I wont have to deal with immigration issues and separations. Thanks!
Click to expand...

lol!
 
You must log in or register to reply here.
Top