married abroad and transferring back to the u.s.

[johndish]

Hi,

Moved to Mexico 4 years ago with my job. Met my wife and had two babies. Obviously the babies are u.s. citizens and the wife has a tourist visa.

My job is now transferring me back to the u.s.

At first my lawyer suggested that we come to the u.s. and then file the i-130 and other docs as he felt it would be processed within the 6 months.

Now he has been told the time is 6-12 months and that would obviously cause problems in that her intent in entering would be different (although we have never had problems travelling as a family)....

I can't break up my family but, hate to complicate the case..

any ideas? should she come here on the tourist visa and we deal with it after that????

[johndish]

Hi,

Moved to Mexico 4 years ago with my job. Met my wife and had two babies. Obviously the babies are u.s. citizens and the wife has a tourist visa.

My job is now transferring me back to the u.s.

At first my lawyer suggested that we come to the u.s. and then file the i-130 and other docs as he felt it would be processed within the 6 months.

Now he has been told the time is 6-12 months and that would obviously cause problems in that her intent in entering would be different (although we have never had problems travelling as a family)....

I can't break up my family but, hate to complicate the case..

any ideas? should she come here on the tourist visa and we deal with it after that????

[johndish]

any thoughts on this??? lawyer indicates it could cause problems if she enters on a tourist and then we file petition for permanent residence as it would show intent to stay and mal intention upon entering......

[avvv]

Sorry I don't have any information specifically on this but i would from my experience suggest that you take absolutely the safest route for long term perspective.

Getting mired in custom issues can have drastic affect on your family life

All the best. I would suggest you get secondary opinion from another lawyer

[Kumar555]

Why don't you file I-130 Petition with the US Embassy/Consulate in Mexico.
Being a US Citizen Consul can approved your Petition while you two are in Mexico.
Spouse of US citizen do not have a waiting time. You can get all the documents while you are in Mexico.
Contact your US Embassy/Consulate in Mexico and find out.

[johndish]

i am under the impression that once you file the i-130 that she will be denied the ability to travel into the u.s....

[Hudson]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by johndish:
Hi,

Moved to Mexico 4 years ago with my job. Met my wife and had two babies. Obviously the babies are u.s. citizens and the wife has a tourist visa.

My job is now transferring me back to the u.s.

At first my lawyer suggested that we come to the u.s. and then file the i-130 and other docs as he felt it would be processed within the 6 months.

Now he has been told the time is 6-12 months and that would obviously cause problems in that her intent in entering would be different (although we have never had problems travelling as a family)....

I can't break up my family but, hate to complicate the case..

any ideas? should she come here on the tourist visa and we deal with it after that???? </div></BLOCKQUOTE>
This web site will provide you with the informatino that you need. Basically, you will need to file the petition with the US Embassy in Mexico.

[Cayita]

Your wife should not enter the US with her turist visa if she intends to stay. Otherwise she is violeting immigration law and she could (and would) be banned.

The safest (and legal) way to do it is to file for her I-130, which you probably can do at the US Embassy in Mexico. Do it now!!!! so your case starts moving. I dont know how long would it take but it has to be less than six months.

Having a I-130 doesnot automatically denies you the possibility to come to the US. What happens is that you have stated you intention to immigrate to the US. You will need to convince the immigration officer at the POE that if you come to the US with your turist visa, you plan to return to your country.

My sister has an open I-130 (my parents petitioned her 4 years ago) and she has come to the US with her turist visa 3 times already to visit.