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Mexican spouse entering of US citizen US with Tourist visa

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  • Mexican spouse entering of US citizen US with Tourist visa

    Married couple - He is an American Citizen - went to embassy in Mexico for a visa for Mexican citizen wife. Given a tourist visa azt embassy for wife to enter US "for tourist purposes only pending immigrant petition." Now told that was an illegal entry, because person immigrant status can't enter with tourist visa. Any way to repair if it was illegal?

  • #2
    Married couple - He is an American Citizen - went to embassy in Mexico for a visa for Mexican citizen wife. Given a tourist visa azt embassy for wife to enter US "for tourist purposes only pending immigrant petition." Now told that was an illegal entry, because person immigrant status can't enter with tourist visa. Any way to repair if it was illegal?

    Comment


    • #3
      BGray: In order to give better advice, it would be helpful to know the following:

      Who told you that your wife's entry to America on a tourist visa was illegal?

      Is your wife in Mexico now?

      Did your wife enter America on the tourist visa...and then you tried to apply for a green card while she was here?

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by bgray:
        Married couple - He is an American Citizen - went to embassy in Mexico for a visa for Mexican citizen wife. Given a tourist visa azt embassy for wife to enter US "for tourist purposes only pending immigrant petition." Now told that was an illegal entry, because person immigrant status can't enter with tourist visa. Any way to repair if it was illegal? </div></BLOCKQUOTE>

        That is wrong, as long as the person did enter with non immigrant intent.

        Comment


        • #5
          My wife just recieved her green card. I was working in Mexico and we had a change where my company quit offering expat benefits.

          The only real alternative was to return to the states but, the turnaround time for a "clean legal" entry was ridiculous.

          She entered as a tourist and we then filed for adjustment. 14 months later we got her green card. In theory her entrance was wrong but, the employment documents were all dated after her entry.

          The officer never asked about her entry probably because we have 4 years of tax returns, 2 kids, marriage, home ownership etc.

          Comment


          • #6
            Can we say that she did not have immigrant intent if she entered the US with the husband she married in Mexico, and their baby? I have been told that a spouse (immigrant) can't enter with a tourist visa - (non-immigrant.)



            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Theone:
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by bgray:
            Married couple - He is an American Citizen - went to embassy in Mexico for a visa for Mexican citizen wife. Given a tourist visa azt embassy for wife to enter US "for tourist purposes only pending immigrant petition." Now told that was an illegal entry, because person immigrant status can't enter with tourist visa. Any way to repair if it was illegal? </div></BLOCKQUOTE>

            That is wrong, as long as the person did enter with non immigrant intent. </div></BLOCKQUOTE>

            Comment


            • #7
              my spouse and dual citizen kids entered numerous times as tourist but, they had not filed for citizenship at that point. If you file for citizenship then it is probably very difficult to enter as tourist.

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              • #8
                Told by a couple who married in Guatemala and came to US together. He is a USC. She entered with a tourist visa. They filed a spouse petition. But when they got to the interview many months later she was denied adjustment and put in removal proceedings, based only on her entry on a tourist visa while married to an American cit. She was told she committed fraud by entering on a non-immigrant visa.

                Regsarding originsal post: wife is here. they came in together in January.

                Haven't filed spouse petition yet - waiting to be sure it will not result in her being deported.

                Were told repeatedly at the consulate that doing this any other way would take a few years, and wife couldn't enter until approved.

                We only heard that it is illegal for a spouse to enter US on a tourist visa by people we know. One lawyer said it could be a problem. Another lawyer said it would be no problem at all.



                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SunDevilUSA:
                BGray: In order to give better advice, it would be helpful to know the following:

                Who told you that your wife's entry to America on a tourist visa was illegal?

                Is your wife in Mexico now?

                Did your wife enter America on the tourist visa...and then you tried to apply for a green card while she was here? </div></BLOCKQUOTE>

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by bgray:
                  Told by a couple who married in Guatemala and came to US together. He is a USC. She entered with a tourist visa. They filed a spouse petition. But when they got to the interview many months later she was denied adjustment and put in removal proceedings, based only on her entry on a tourist visa while married to an American cit. She was told she committed fraud by entering on a non-immigrant visa.

                  Regsarding originsal post: wife is here. they came in together in January.

                  Haven't filed spouse petition yet - waiting to be sure it will not result in her being deported.

                  Were told repeatedly at the consulate that doing this any other way would take a few years, and wife couldn't enter until approved.

                  We only heard that it is illegal for a spouse to enter US on a tourist visa by people we know. One lawyer said it could be a problem. Another lawyer said it would be no problem at all.

                  Wife entered on tourist visa. Can couple apply for green card now that they are both here, based on her entry on a tourist visa? Is that a legal entry for applying for green card? Have not yet even filed I-130.



                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SunDevilUSA:
                  BGray: In order to give better advice, it would be helpful to know the following:

                  Who told you that your wife's entry to America on a tourist visa was illegal?

                  Is your wife in Mexico now?

                  Did your wife enter America on the tourist visa...and then you tried to apply for a green card while she was here? </div></BLOCKQUOTE> </div></BLOCKQUOTE>

                  Comment


                  • #10
                    Legal

                    To enter as a tourist and obviously leave withing your admitted period.

                    Illegal

                    To seek enter as a tourist but with intent to immigrant.

                    Legalish

                    To enter as a tourist with no immigrant intent but change your mind later and file to stay. Obviously you would need to be prepared to justify your change of mind.

                    Comment


                    • #11
                      I just went through the same ordeal.

                      As stated above. We just had hearing and this never came up. Lawyer had said it could but, as long as the intent upon entering was not to stay should not be a problem.

                      Comment


                      • #12
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by bgray:
                        Told by a couple who married in Guatemala and came to US together. He is a USC. She entered with a tourist visa. They filed a spouse petition. But when they got to the interview many months later she was denied adjustment and put in removal proceedings, based only on her entry on a tourist visa while married to an American cit. She was told she committed fraud by entering on a non-immigrant visa.

                        Regsarding originsal post: wife is here. they came in together in January.

                        Haven't filed spouse petition yet - waiting to be sure it will not result in her being deported.

                        Were told repeatedly at the consulate that doing this any other way would take a few years, and wife couldn't enter until approved.

                        We only heard that it is illegal for a spouse to enter US on a tourist visa by people we know. One lawyer said it could be a problem. Another lawyer said it would be no problem at all.

                        Wife entered on tourist visa. Can couple apply for green card now that they are both here, based on her entry on a tourist visa? Is that a legal entry for applying for green card? Have not yet even filed I-130.
                        </div></BLOCKQUOTE>
                        Theone summarized it well.

                        There is one important thing to have in mind while petitioning for a person who entered with a touris visa. It is called timing. If it is done soon after the entry, it may very well be interpreted as "misrepresentation" and petition denied. Actualy, there is an internal memo for USCIS about it: how to treat such petition if person filed it within 30, 60 or more than 90 days after being admitted into the USA as a torist. As you may guess, the safest option is to file I-130 + I-485 more than 90 days after arrival (enough time to "change mind/itent").

                        Any entry through designated Point of Entry is a legal entry.

                        Comment


                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by bgray:
                          Any way to repair if it was illegal? </div></BLOCKQUOTE>If you want to do it right, husband may file I-130 petition wheile she is here... and she can stay as long as her authorised stay as a tourist is. Then she would have to return to her home country and wait for the interview for an immigrant visa. If it takes long, wife may be able to come to visit for a few more times in a meantime (should not overstay!).

                          Comment


                          • #14
                            Thank you soi much for your responses. I just don't know how we can say she did not have immigrant intent. Do you agree that wife would have to return to Mexico before tourist visa expires? Could she apply for an extension? Can I-130 be filed while she is here?

                            Comment


                            • #15
                              I understand. Couldn't have hoped for more or better help. Thank you again.

                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by bgray:
                              Thank you soi much for your responses. I just don't know how we can say she did not have immigrant intent. Do you agree that wife would have to return to Mexico before tourist visa expires? Could she apply for an extension? Can I-130 be filed while she is here? </div></BLOCKQUOTE>

                              Comment



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