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  • Can spouse come to US as visitor?

    I am a USC and will be marrying a Polish citizen in Poland. I plan on filing the I-130 as soon as I get back to the US. I have a few question that would love your opinion on:

    1.Can my wife come back to the US with me after our wedding with her tourist visa?
    2.Will her entry with her tourist visa affect the I-130 and I-129f process in the long run?
    3.Can we adjust status with form I-485 while she is here in the US before she would have to return to Poland on her tourist visa?

    Any answers would be of great help! We were thinking of doing this while we wait for our I-130 and I-129f to pend. This would allow us to be together. She would be just fine returning on her tourist visa and taking care of all the paperwork in Poland, if she would have to.
    Thanks for your help!

  • #2
    I am a USC and will be marrying a Polish citizen in Poland. I plan on filing the I-130 as soon as I get back to the US. I have a few question that would love your opinion on:

    1.Can my wife come back to the US with me after our wedding with her tourist visa?
    2.Will her entry with her tourist visa affect the I-130 and I-129f process in the long run?
    3.Can we adjust status with form I-485 while she is here in the US before she would have to return to Poland on her tourist visa?

    Any answers would be of great help! We were thinking of doing this while we wait for our I-130 and I-129f to pend. This would allow us to be together. She would be just fine returning on her tourist visa and taking care of all the paperwork in Poland, if she would have to.
    Thanks for your help!

    Comment


    • #3
      1. She can seek entry

      2. No.

      3. No, she is applying to enter as a visitor not an immigrant. If they suspect her of having immigrant intent she will be refused entry. So make sure she brings plenty of evidence of her current non immigrant intent, to show if asked. Letter from Employer stating her return date, evidence of property etc in Poland, anything substantiating her need to leave.

      Comment


      • #4
        Whether your wife would be admitted is entirely at the discretion of the Customs and Border Protection officer at the port of entry.

        At the very least, you should expect some difficulty. Your wife will be assumed to have immigrant intent, and, therefore, it is entirely likely that her application for non-immigrant entry will be denied. The CBP officer will suspect that, if your wife is admitted as a B-1/B-2 visitor, you will file I-130 and I-485, and your wife will adjust status in America. While possible, this is frowned upon, and the CBP officer is likely to refuse entry for this reason.

        The correct procedure would be for you to file the I-130, and then await consular processing for an immigrant visa at the U.S.embassy in Poland.

        Comment


        • #5
          I would be filing the I-130 after our arrival. It seems like the customs agent would know this, and we would have to tell him/her. My wife's intent would be to leave so she can file the paperwork in Poland after we receive notice that our papers are pending. Is this still considered immigrant intent?
          Thank you!

          Comment


          • #6
            Carpenter,

            I'm a student on F1 visa and got married to a USC, and according to the immigration advisor, she recommended me to apply for AOS ASAP. There might be a problem if she enters with a non-immigrant intent while her husband is a USC (i.e likely intention to stay). Won't hurt to call USCIS though, they're very nice and helpful over the phone.
            "A candle loses absolutely nothing by lighting another candle"

            Comment


            • #7
              Your wife DOES have immigrant intent...albeit you both "think" that she intends to return to Poland after a "visit." However, if she is admitted to America, you will both most likely conclude that the I-130/I-485 route is easier and quicker...and you will not be separated. So, in reality, she most likely will not be a visitor.

              Hence, the chances of her being admitted as a visitor are slim to none.

              Do you think that Customs and Border Protection haven't experienced this scenario a million times already?

              You have already acknowledged that you have considered the I-130/I-485 alternative...so, good luck trying to convince CBP otherwise.

              Comment


              • #8
                I hate to keep asking "what if" but... After we get married my wife would come to the US on her tourist visa with her current passport. (the one with the visitor visa and maiden name)
                The I-130 would not be filed yet because I would be coming back at the same time she is. This means that there wouldn't be any records or reason to stop her at CBP.

                Does this sound problematic or not? I just want to do anything I can to be with my wife after marrying her. I am sure everyone can understand that. Thanks again for your responses!

                Comment


                • #9
                  57Carpenter: With all due respect, you're deliberately trying to circumvent the rules.

                  Go right ahead and do whatever you want to do.

                  When it all gets complicated and out-of-control, do us all a favor and don't post here asking for advice...bellyaching that your wife was sent back to Poland and it's all America's fault. Or, that USCIS is giving you grief and drama for attempting the I-130/I-485 route after your wife entered as a "tourist."

                  You only want "advice" that confirms what you intend to do...not what is correct to do.

                  Comment


                  • #10
                    Thanks for your responses and opinions:-) Uggg immigration law is very complicated!

                    Comment


                    • #11
                      With all due respect SunDevil, he is not trying to circumvent any rules but to get an understanding of his options. You, SunDevil keep referring to I-130/I-485 route when what I think you mean is I-129f/I485 route. I-130 appoval means granting of LPR status as a family member..therefore no adjustment of status is needed, thus no I-485.
                      Carpenter, if you ask 10 people you will get 11 different opinions. There is little that is clear cut. If your future wife already has a previously issued visitor visa, Seems to me you have very little risk that she will be refused admittance at the Port of Entry. Once she is in the US, you might want to wait a few months, then file the I-485. File the I-130 only is she is in her home country. Such is my understanding. You might even consider doing a second wedding in the US after 60 days and using that wedding as the official one. How about just a church wedding in Poland?

                      Comment


                      • #12
                        To make this story and answer short.

                        The legal and right way is not entering the United States as tourist and then,once you are here applying to adjust status.Won't work that way...

                        Here is the deal,the U.S. Costums will ask her 'what are you doing here? when are you gonna leave? and with who U are visiting aka reason? " one way or the other,either she'll be denied or she will be admited and later on kicked out for lying to U.S. Costums for the reasons coming.

                        A visitor Visa means "u come to visit and u leave" u can not come as a visitor,and u are married to a us citizen and once u are here trying to by pass the law and steps to adjust status here...

                        Do it the right way,and no worries or problems will u or her face...its not that complicated actually.

                        Comment


                        • #13
                          Now that I know it is illegal and risky to do the I-485 we won't do that.

                          But now can she still enter as visitor after I file the I-130?

                          Why would I risk her(our) life together by her staying here? She would return as soon as she gets her approval on the I-130 and take care of everything in Poland.

                          My wife would simply be with me for the 3-6 months it would take to approved the I-130 as a visitor. Thank you!

                          Comment


                          • #14
                            What evidence can she supply if required to substantiate her ties to Poland and her need to return.

                            Comment


                            • #15
                              57Carpenter: Once you marry, your future wife's tourist visa is as good as worthless.

                              If she applies for entry and is denied, as is likely, your problems multiply. At that point, she has a negative record that you have to overcome.

                              Why would you risk that?

                              There is no overcoming the fact that she is the wife of a U.S. citizen...so, do yourself a favor, and follow the rules.

                              This discussion board is full of people who initially believed that they were too important to follow the rules...and they're on here bellyaching about the difficulties that they're now (rightfully) enduring. Your situation is EASY and SIMPLE...just follow the rules.

                              Comment

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