married to USC, currently lives overseas, how to enter U.S

C

charlenechang98

New Member
Hi there,
Can anyone please help me ?
I'm from Taiwan and married to USC, we got married while I was in the US on F-1 visa(in 2005). I had to come back to Taiwan(2006) before my husband could file for my green card. Now that my F-1 visa is invalid. My husband is still in the U.S. but I'm in Taiwan. I'm planning on going back to the U.S. with a tourist visa then file I-130 and I-1485 immediately. Does this sound possible? what should we do?
 
Strictly speaking, you are not allowed to enter the US on a tourist visa with the intention of becoming an immigrant. There are two issues you may face:
i. There is a possibility of being denied entry if the inspector at the PoE find out you are married to a USC.
ii. Assuming you are allowed in, you may face tough questioning why you entered the country on a visitor visa and then immediately filed for residency.

At the end of the day however, just about everything you do will be forgiven because you married a USC.
 
Also, the marriage itself will endure harder questioning because... he lives in the US and you in Taiwan?!

How is that working? :confused:
 
That's what I heard too (after i filed everything). Again, I think I'm just lucky cos my interview officer didn't ask nothing about my visa. I'm pretty sure he didn't even look at my I-94. All he asked for is the supporting docs which are lots of them.

He's in US and she's in Taiwan, she was here on F-1 visa right? they might need to see that they communicate to each other during the time that they are not together. That's what happened to my case.
 
why don't you apply for an immigrant visa instead? sure it's going to take slightlly longer than entering on B1/2, but it's going to be 100% legal and you won't have to worry about much.
 
she may get a K-3 under LIFE act that allows her to come over here and wait for the USCIS to finalize her adjustment of status.

Or she may just file for an immigration application and get here on a CR1 or IR1.
 
Thank you guys for your guick reply and info. Since my B1/2 visa was issued in 2003 and is valid until 2008, I thought I would go to the U.S. with it and then mail out all the forms(they are all filled out and everything USCIS asks for to prove our marrige is included), say 2 weeks after my entry. The reason my husband didn't/couldn't apply there while I'm gone is because my grandmather was in ICU for months, and she was asking for me before she went into a coma. I was in a hurry to come back to Taiwan and did't know when I could go back. Now that she has passed away. I think I should go back to my husband as soon as possible. I'm not sure if this is acceptable to the interview officer why I didn't apply my residency before I came back to Taiwan,or enter the country with a B1/2, if I'm lucky to make it to the interview. Anyway, I'm leaving for the U.S. in July and I'm gonna tell the inspector that I'm going to vivst my parents-in-law. I must get into the country first. Then We'll see how it goes even if we'll face tough questions. ps. One thiing I forgot to mention in the previous message. We have a son who is about 2 years old and is coming back with me. I'm getting him single- trip plane ticket, will they susspect anything since I'll have a return ticket?

Tutarath,
I do have phone bills that show my husband and I call each other almost everyday. Thanks for bringing that up! Could you tell me more about how you make it to the interview with a tourist visa?
1. How long were you allowed to stay there with your B1/2?
2. Did you get married right after you got to the U.S. ?
3. What questions were you asked at the custom and what did you tell them?
4. what am I supposed to tell the inspector my purpose of coming to
the U.S.?Should I tell(lie to) them that I'm going to visit my father and
mother in law?

Ashleythecitty,
What is "K-3 under LIFE", "CR1" and IR1"? Thanks:)
 
charlenechang98 said:
4. what am I supposed to tell the inspector my purpose of coming to the U.S.?Should I tell(lie to) them that I'm going to visit my father and mother in law?
Click to expand...

Lying to USCIS to gain an immigration benefit is just about the worst thing you can do. Get caught and you'll face some pretty harsh consequences.
 
Also coming to the US using a non-immigrant visa with an immigration intent.

You and your son coming (one of you with a 1 way ticket) will arise questions. Questions will lead to "I am coming to visit my in-laws" which will lead to... who knows?

If at all possible, tell your husband to come get you and go to the US with you.
 
charlenechang98 said:
Thank you guys for your guick reply and info. Since my B1/2 visa was issued in 2003 and is valid until 2008, I thought I would go to the U.S. with it and then mail out all the forms(they are all filled out and everything USCIS asks for to prove our marrige is included), say 2 weeks after my entry.
Click to expand...

DO NOT APPLY FOR AOS within the first 90 days of your arrival. That is - if you are even allowed to enter the US... Remember - it's never OK to enter on an immigrant visa with an intent to apply for immigration.
 
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charlenechang98 said:
Thank you guys for your guick reply and info. Since my B1/2 visa was issued in 2003 and is valid until 2008, I thought I would go to the U.S. with it and then mail out all the forms(they are all filled out and everything USCIS asks for to prove our marrige is included), say 2 weeks after my entry. The reason my husband didn't/couldn't apply there while I'm gone is because my grandmather was in ICU for months, and she was asking for me before she went into a coma. I was in a hurry to come back to Taiwan and did't know when I could go back. Now that she has passed away. I think I should go back to my husband as soon as possible. I'm not sure if this is acceptable to the interview officer why I didn't apply my residency before I came back to Taiwan,or enter the country with a B1/2, if I'm lucky to make it to the interview. Anyway, I'm leaving for the U.S. in July and I'm gonna tell the inspector that I'm going to vivst my parents-in-law. I must get into the country first. Then We'll see how it goes even if we'll face tough questions. ps. One thiing I forgot to mention in the previous message. We have a son who is about 2 years old and is coming back with me. I'm getting him single- trip plane ticket, will they susspect anything since I'll have a return ticket?

Tutarath,
I do have phone bills that show my husband and I call each other almost everyday. Thanks for bringing that up! Could you tell me more about how you make it to the interview with a tourist visa?
1. How long were you allowed to stay there with your B1/2?
2. Did you get married right after you got to the U.S. ?
3. What questions were you asked at the custom and what did you tell them?
4. what am I supposed to tell the inspector my purpose of coming to
the U.S.?Should I tell(lie to) them that I'm going to visit my father and
mother in law?

Ashleythecitty,
What is "K-3 under LIFE", "CR1" and IR1"? Thanks:)
Click to expand...

First of all, I will have to say that I didn't know about this forum till after I had my inter view :(

1. I have 10 years visa and it allows me to stay 6 months at a time.

2. I got married last time I was here..which was last year and I had to go back home and came back here again after 3 months.

3. They asked me like..what is my purpose of coming here. I told him that I came here to travel. I didn't tell him the truth cos I don't know what's gonna happen. I don't wanna have any kind of trouble at the customs. I know its not the right thing to do but I don't have any choice.

4. I really don't know what to tell you on this cos obviously my case is not the best example :( I'm sorry..
 
Oh..and like what I said above. I filed everything 1 month after my arrival and my interview officer didn't have a problem with that. The only issue he had was that I left after I got married. He said it was suspicious cos I'm should have left my husband after married. I explained to him and he didn't say anything more about it. I guess it depends on the interview officer..you have pretty good reason why you had to leave..i think it should be ok.

And also my interview told me that the couple that don't have children or own properties together will have a harder time cos they will need lots of docs to guarantee that our marriage is not a fraud. But you have a son together so I think it would be a lot easier.

Hope this will help :)
 
It is important to realize that an adjustment of status is discretionary. It is possible for a person who is technically eligible for an adjustment of status to still be denied based upon the exercise of discretion by the USCIS. The most common reason why an adjustment of status is denied is where the alien abused the non-immigrant process.

Under the 30-60-90 day rule, a person who applies for a change of visa status (including adjustment of status) within 30 days of entering the U.S. is presumed to have acted in bad faith. In other words, the USCIS will presume that such a person had preconceived intent to make the change before entering the U.S. and used an easier visa to avoid the normal screening process conducted by U.S. consulates abroad.

If the adjustment of status application is made between 30 to 60 days of entering the U.S., there is no presumption made. However, there will be a strong suspicion that the person acted in bad faith and heightened scrutiny shall apply.

If the adjustment of status application is made after 60 days of entering the U.S., the presumption will be that the person acted in good faith. However, previous visa history will nevertheless be examined to determine whether any abuses of the immigration process may have occurred in the past.

How does this all matter for international couples? Should you enter the U.S. on, for example, a tourist visa, and meet the love of your life, I recommend that you wait AT LEAST 60 days from the date of entry into the U.S. before getting MARRIED. Even though you never had the intention marry when you entered the U.S. on a VWP or tourist visa, it is the appearance of pre-conceived intent that will trigger USCIS scrutiny. To play it safe, always wait AT LEAST 60 days from the date of entry to marry and apply for lawful permanent residence through Adjustment of Status.

Quote from: LucyMO

In my case... I got married 76 days after entry to the US on a visitor for business visa, I filed for AOS 103 days after entry to the US. I guess I am "OK"? :p
 
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man..if i knew this before i got my i-551 stamp on my passport, i would be super panic!

but it seems like it doesnt apply with my case, i got married months earlier..maybe thats why he didnt ask anything much about it.
 
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