Visiting wife after posting I-130 - any recommendations?
Jan 1st 2003, 9:20 am
#1
Guest
Posts: n/a
Visiting wife after posting I-130 - any recommendations?
Hi, hope someone can help.
After marrying my U.S. citizen fiancee recently, I came back to England
(This was my eigth visit, and she has visited me in England three times). We
filed the I-130 together with the biographical forms and all the other
supporting documentation while I was there.
Basically, I do not want to wait until I can move to the USA before I see
her again, and would like to fly out for a week in the meantime (more than
once if processing takes a long time). I cannot move out on a K-1 fiance
visa because we cannot afford for me to not be working for the several
months that it might take to gain a work permit on the latter. Sadly, her
work does not allow her enough holiday time to be able to visit me instead -
this would probably be much simpler.
The US Embassy website in London states that I can visit her using the visa
waiver, but also that the I-130 being filed will suggest that I intend to
remain in the USA and that I should carry evidence for the immigration
officer that I will be coming back to the UK within the 90-day limit,
suggesting evidence of strong financial or social ties.
Can anyone suggest what evidence might work toward this goal - I have no
intention of staying illegally as this would damage my I-130 petition and it
would go way against my (and my wife's) best interests.
Thank you in advance.
D
After marrying my U.S. citizen fiancee recently, I came back to England
(This was my eigth visit, and she has visited me in England three times). We
filed the I-130 together with the biographical forms and all the other
supporting documentation while I was there.
Basically, I do not want to wait until I can move to the USA before I see
her again, and would like to fly out for a week in the meantime (more than
once if processing takes a long time). I cannot move out on a K-1 fiance
visa because we cannot afford for me to not be working for the several
months that it might take to gain a work permit on the latter. Sadly, her
work does not allow her enough holiday time to be able to visit me instead -
this would probably be much simpler.
The US Embassy website in London states that I can visit her using the visa
waiver, but also that the I-130 being filed will suggest that I intend to
remain in the USA and that I should carry evidence for the immigration
officer that I will be coming back to the UK within the 90-day limit,
suggesting evidence of strong financial or social ties.
Can anyone suggest what evidence might work toward this goal - I have no
intention of staying illegally as this would damage my I-130 petition and it
would go way against my (and my wife's) best interests.
Thank you in advance.
D
Jan 1st 2003, 10:51 am
#2
Forum Regular
Joined: Oct 2002
Location: Connecticut, U.S.A.
Posts: 49
Re: Visiting wife after posting I-130 - any recommendations?
I went through exactly the same thing as you. When I married my wife during a brief visit to the U.S., I was working as a consultant for a major pharmaceutical company back in the U.K.. I frequently visited the U.S. on business, but after my wife filed the I-130 for me, I was advised by the INS that trying to reenter the country on a visa waiver with a pending I-130 application was extremely risky; and I could be refused entry.
My employer checked with an immigration attorney, who told them exactly the same thing. So I didn't take the risk. As it happened, I got my visa from the U.S. Embassy in London within four months---it would have been shorter had it not been for the six weeks it took to get my UK police record.
Anyway, my advice to you is not to risk it. Being denied entry could adversely affect your I-130 application, and cause you more grief than you can imagine. Entering on a VW while in process is a crapshoot---you may get a nice immigration officer who is prepared to give you the benefit of the doubt, and on the other hand you could get someone with a real bad hair day who will refuse entry just because he is not convinced of your intentions. If this happens, you have no legal recourse as a VW holder.
If you do decide to take the risk, I would recommend that you have the following documentation at hand: Recent bank/utility statements with your UK address, a mortgage or lease with your name and address, a letter from your employer stating that you are expected back on a given date... and contact details for your employer if possible.
Of course, that's just my personal opinion, but I still think that you will have the rest of your lifetime to spend with your wife, and it isn't worth jeopardizing that for the sake of waiting a few more months.
Good luck.
My employer checked with an immigration attorney, who told them exactly the same thing. So I didn't take the risk. As it happened, I got my visa from the U.S. Embassy in London within four months---it would have been shorter had it not been for the six weeks it took to get my UK police record.
Anyway, my advice to you is not to risk it. Being denied entry could adversely affect your I-130 application, and cause you more grief than you can imagine. Entering on a VW while in process is a crapshoot---you may get a nice immigration officer who is prepared to give you the benefit of the doubt, and on the other hand you could get someone with a real bad hair day who will refuse entry just because he is not convinced of your intentions. If this happens, you have no legal recourse as a VW holder.
If you do decide to take the risk, I would recommend that you have the following documentation at hand: Recent bank/utility statements with your UK address, a mortgage or lease with your name and address, a letter from your employer stating that you are expected back on a given date... and contact details for your employer if possible.
Of course, that's just my personal opinion, but I still think that you will have the rest of your lifetime to spend with your wife, and it isn't worth jeopardizing that for the sake of waiting a few more months.
Good luck.
Originally posted by Demosthenes
Hi, hope someone can help.
After marrying my U.S. citizen fiancee recently, I came back to England
(This was my eigth visit, and she has visited me in England three times). We
filed the I-130 together with the biographical forms and all the other
supporting documentation while I was there.
Basically, I do not want to wait until I can move to the USA before I see
her again, and would like to fly out for a week in the meantime (more than
once if processing takes a long time). I cannot move out on a K-1 fiance
visa because we cannot afford for me to not be working for the several
months that it might take to gain a work permit on the latter. Sadly, her
work does not allow her enough holiday time to be able to visit me instead -
this would probably be much simpler.
The US Embassy website in London states that I can visit her using the visa
waiver, but also that the I-130 being filed will suggest that I intend to
remain in the USA and that I should carry evidence for the immigration
officer that I will be coming back to the UK within the 90-day limit,
suggesting evidence of strong financial or social ties.
Can anyone suggest what evidence might work toward this goal - I have no
intention of staying illegally as this would damage my I-130 petition and it
would go way against my (and my wife's) best interests.
Thank you in advance.
D
Hi, hope someone can help.
After marrying my U.S. citizen fiancee recently, I came back to England
(This was my eigth visit, and she has visited me in England three times). We
filed the I-130 together with the biographical forms and all the other
supporting documentation while I was there.
Basically, I do not want to wait until I can move to the USA before I see
her again, and would like to fly out for a week in the meantime (more than
once if processing takes a long time). I cannot move out on a K-1 fiance
visa because we cannot afford for me to not be working for the several
months that it might take to gain a work permit on the latter. Sadly, her
work does not allow her enough holiday time to be able to visit me instead -
this would probably be much simpler.
The US Embassy website in London states that I can visit her using the visa
waiver, but also that the I-130 being filed will suggest that I intend to
remain in the USA and that I should carry evidence for the immigration
officer that I will be coming back to the UK within the 90-day limit,
suggesting evidence of strong financial or social ties.
Can anyone suggest what evidence might work toward this goal - I have no
intention of staying illegally as this would damage my I-130 petition and it
would go way against my (and my wife's) best interests.
Thank you in advance.
D
Jan 3rd 2003, 8:44 am
#3
Not living a 9 to 5 life
Joined: Jun 2002
Location: North Carolina
Posts: 11,061
Re: Visiting wife after posting I-130 - any recommendations?
Originally posted by shaggy
<<snip>>
Anyway, my advice to you is not to risk it. Being denied entry could adversely affect your I-130 application, and cause you more grief than you can imagine. Entering on a VW while in process is a crapshoot---you may get a nice immigration officer who is prepared to give you the benefit of the doubt, and on the other hand you could get someone with a real bad hair day who will refuse entry just because he is not convinced of your intentions. If this happens, you have no legal recourse as a VW holder.
If you do decide to take the risk, I would recommend that you have the following documentation at hand: Recent bank/utility statements with your UK address, a mortgage or lease with your name and address, a letter from your employer stating that you are expected back on a given date... and contact details for your employer if possible.
Good luck.
<<snip>>
Anyway, my advice to you is not to risk it. Being denied entry could adversely affect your I-130 application, and cause you more grief than you can imagine. Entering on a VW while in process is a crapshoot---you may get a nice immigration officer who is prepared to give you the benefit of the doubt, and on the other hand you could get someone with a real bad hair day who will refuse entry just because he is not convinced of your intentions. If this happens, you have no legal recourse as a VW holder.
If you do decide to take the risk, I would recommend that you have the following documentation at hand: Recent bank/utility statements with your UK address, a mortgage or lease with your name and address, a letter from your employer stating that you are expected back on a given date... and contact details for your employer if possible.
Good luck.
If you can't bear to be separated, can't your wife come and visit you? There are many couples just like you who are separated. If yours is a legitimate application, you will reunited in due course.
Also, I believe this very newsgroup has discussed about what evidence to bring on entering the US when an I-130 application is in progress. Please do a search through the archives of this newsgroup.
NC Penguin
Jan 4th 2003, 12:13 pm
#4
Guest
Posts: n/a
Re: Visiting wife after posting I-130 - any recommendations?
OK, thanks guys. It's really going to hurt though if we have to be apart
long. Do any of you know roughly how long I-130 processing is taking at the
moment (Nebraska office, and I have no criminal record of any type or any
other skeletons that I would expect to delay things)? Also, might getting a
visitor's visa make things any safer?
I can understand the reasons for US immigration having to assume that I am
trying to enter permanently, but like I said, it's going to hurt...
Thanks in advance
D
long. Do any of you know roughly how long I-130 processing is taking at the
moment (Nebraska office, and I have no criminal record of any type or any
other skeletons that I would expect to delay things)? Also, might getting a
visitor's visa make things any safer?
I can understand the reasons for US immigration having to assume that I am
trying to enter permanently, but like I said, it's going to hurt...
Thanks in advance
D
