I-130/K-3 for spouse, wants to enter temporarily on existing B-2

[jp80015]

Hi everyone,

I have been trying to find a definitive answer to the situation my wife and I are in and would like some help.

I am a US citizen and my wife is Korean. I recently (July 2008) submitted an I-130 and I-129F for her K-3. It seems like the K-3 is taking about 9-10 months to process.

My wife had obtained a B-2 tourist visa way before our marriage (it was issued back in 2001). She has used this visa for several trips to the US. She also studied here with an F-1 visa (studies terminated last year). We are well aware about the potential visa fraud issue with using a B-2 to enter the US when married to a USC.

We would like her to enter temporarily in October of this year and stay for about 3 months before leaving again for Korea (where she would have to have her IR immigrant visa or K-3 spouse visa issued anyway).

We would be willing to provide Notice of Receipts to show that the I-130 and I-129F were submitted, her round trip ticket showing her return trip to Korea, marriage certificate, and affidavits from her and me acknowledging the fact that the B-2 is only for temporary admission, that she is not intending to immigrate under the B-2 visa, and that she would be exiting the country.

Has anyone else been in a similar situation? I am an attorney myself, but I am not familiar with this situation so I want to ask you all for your help.

Thank you.

[jp80015]

Hi everyone,

I have been trying to find a definitive answer to the situation my wife and I are in and would like some help.

I am a US citizen and my wife is Korean. I recently (July 2008) submitted an I-130 and I-129F for her K-3. It seems like the K-3 is taking about 9-10 months to process.

My wife had obtained a B-2 tourist visa way before our marriage (it was issued back in 2001). She has used this visa for several trips to the US. She also studied here with an F-1 visa (studies terminated last year). We are well aware about the potential visa fraud issue with using a B-2 to enter the US when married to a USC.

We would like her to enter temporarily in October of this year and stay for about 3 months before leaving again for Korea (where she would have to have her IR immigrant visa or K-3 spouse visa issued anyway).

We would be willing to provide Notice of Receipts to show that the I-130 and I-129F were submitted, her round trip ticket showing her return trip to Korea, marriage certificate, and affidavits from her and me acknowledging the fact that the B-2 is only for temporary admission, that she is not intending to immigrate under the B-2 visa, and that she would be exiting the country.

Has anyone else been in a similar situation? I am an attorney myself, but I am not familiar with this situation so I want to ask you all for your help.

Thank you.

[mike_2007]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">We are well aware about the potential visa fraud issue with using a B-2 to enter the US when married to a USC. </div></BLOCKQUOTE>
this is not true unless if she lie about the marriage wich it happenes sometimes that ppl wont mention about their marriage at the port of entery just to enter the country , well if she can show good evidence that she will return to her home country they might let her in,but not for sure bcoz she have the immigrant petetion pending, she needs to show then alot of evidence and make them believe at the port of entery that she will return to her home country, like if she have big bank account in korea,house in her name,business in her name,current job and a letter from her employer, another word (ties) to her home country and they may let her in but this doesn't work all the times, but she can try and its one of two things, either they will let her inn or they will revoke her visa . but even if they revoke the visa it has nothing to do with her pending ir1-k3 case , good luck

[mike_2007]

but make sure to tell her to tell the truth about the marriage, if she lie they will revoke her visa and her i-r1/k-3 case and she wont be able to enter the country for a loooong time if not forever bcoz this is fraud, try it and good luck

[JermCool]

You're walking dangerous ground here. Even with a return plane ticket, she could potentially be denied entry. What you need to prove HARD is that she has binding ties to Korea. A job, mortgage, finances, whatever.