while waiting on k3...

[Jules]

i am currently waiting for the approval of my k3 visa my husband petitioned for me. i would like to go see him in the usa for a couple months while waiting. is that allowed? how long can i stay? is there anything i can do? i keep getting mixed answers...

[Jules]

where are you from, what country? If you can travel on the visa waiver program then yes you can come see your husband while waiting for the K3 process.

i'm from germany. i was told since i am now married to a us citizen, i'm not on the wvp anymore. also, i was told it was entirely up to the immigration officer if i'm going to be let in the country and i need to show strong binding ties to prove i'm going back to germany. which i am, since i need to get my visa. why would i start the whole process and wait and then stay illegally???

[66James]

Thats what I plan on doing with my girlfriend . She is coming in this week , we plan on getting married the following weekend , then worry about the paperwork and $$$ , that way she can stay while everything is paperworked out . I have already talked to the courthouse about getting a marriage liscense and how we were going to do it , they said no problem , we could have it the same day . She said instead of a SS# , they use her visa number .

[Jules]

Germany, you could have just came here on vacation , got married and filed the i-130 and i-485 together and stayed here for the greencard process. K visas are a waste of time for people who can travel here on the waiver program. This has been a hot topic here on this board recently so I been doing a lot of checking into it. I speak to many people here from all over the world everytime I work and spoke to DHS and USCIS contacts that I have. They all tell me the same thing generally. K visas are designed for people typically in third world countries. They dont tell you this because it wouldn't be politically correct and immi lawyers wont tell you this because they want to screw you out of a couple of grand to do what anyone with a brain can do for themselves. All you have to do is read the directions. Anyway, you can come on visa waiver now. But you have to go back to complete K3 process when they send appointment. However, if you come here now on waiver, you can file i-485a and pay 1000 dollar penalty fee and finish all your processing here and get the greencard . You will skip the k3 visa. You lose that money you spent on that though. Goodluck.

i will go with the k3 visa. it's an ok option for us. i need to go back to germany anyway, because i have a job and other things i still need to take care of before moving permanently. i just don't want to be all excited to see my husband again soon and then get denied. we only had 5 days together after we got married. before that we had a long distance relationship for over 3 years because he was in the army and got deployed and i had to go to college. i'm sick and tired of having to be separeted from him and i'm very happy that ya'll are saying it's cool for me to go!!!!!!!!!!!

[apoeticprincess]

Daytona,
I would caution you against advising someone that it is okay for them to come over on the VWP while they are waiting on their K-3 to finish processing. In order for them to be allowed into the country under the VWP, they have to show SOLID bonafide proof that they are planning to return to their country and not just coming under the visa waiver program to AOS. There are many many documented cases where people have filed the I-129F or the I-130 and when they reach the POE the IO sees that they are in the midst of the visa process and they are turned away. IO is not stupid (not entirely anyway) they know that many people use the VWP as a way to quickly AOS and they can turn them away because of it. If this is an option people plan on using they should proceed with caution and not be surprised if they are turned away at the POE

[Jules]

Poetic, you dont have a clue to what your talking about, okay? I'd caution you to read the posts carefully and the USCIS, NVC, and State Department websites before opening your mouth. Your allowed to travel into the United States on a visa waiver program while a K visa case is pending. Your even allowed to travel into the US on a VWP while a IR visa case is pending.

ok im all worried now again!!!!!!!!!!!!!!!! i really dont know who or what to believe or not.

[Jules]

well if you dont want to listen to me and other people like CharlieAK , thats your problem. Get poetic's email address and be her penpal , lol.

ok thats very helpful. i do want to listen. well im going anyway so ill see how it goes

[apoeticprincess]

Whatever

Daytona,
First of all, you don't know me to tell me what I know and what I don't know. It's people like you who are the problem. You get on boards like this being one of the few who posts the most (which most of which is erroneous information) and because you have nothing better to do with your time but sit up on boards typing 60% wrong answers all day, people think you are the knowledge god. I find it to be hilarious. If people had any knowledge they would use boards like this with a grain of salt and do intensive research. Any NUMBNUT who has done an ounce of research knows that the VWP was designed for VISITING. Just because people break the law everyday (through encouragement from people like you) doesn't make it right or LEGAL. I dare anyone to call USCIS and ask them if they can get permanent residency that way legally. Feel free to attack all you want because I actually have a life and rarely get on this board. But if I were others I would take heed on some of the information you give out. Simply because you post the most doesn't mean you KNOW the most.

[PraetorianXI]

The two of you need to chill, this is a discussion forum, not a fighting arena.

Now, to the original poster and the comments afterwards.

It is a VERY BAD IDEA, for people to come to the US with a non-immigrant visa or under the VWP and attempt to Adjust Status. They would be misrepresenting their intentions at the Port of Entry and will be questioned harshly and their petition denied very likely.

You can come and visit, but must show strong proof that you will in fact return to your country.

You need to mind the 30-60-90 rule:

30-60-90 rule

Suppose someone enters on a Non-Immigrant visa and after "x" days applies for AOS either through marriage, or any other family sponsorship.

If x < 30 = USCIS will accuse the applicant of committing fraud/misrepresentation and the burden of proof lies on the applicant
If 30 < x < 60 = USCIS may accuse the applicant of committing fraud/misrepresentation and the burden of proof lies with the applicant
If 60 < x < 90 = USCIS may accuse the applicant of committing fraud/misrepresentation but the burden of proof will lie with USCIS
If x > 90 = USCIS will most likely not accuse the applicant of committing fraud/misrepresentation

Credits to Triple Citizen

[Jules]

update

well i'm in the states. came in over a week ago. must say:it was NO PROBLEM at all to get in. the immigration officer was very nice and understanding when i told them i wanted to visit my husband. i told him how the visa is taking so long and that i know i need to go back to germany to obtain it which is what i've always been planning on doing anyway. the whole immigration thing didnt even take 2 minutes. he didn't wanna see any proof or what not. thanks for ur help guys!

[Jules]

Thats exactly it, she never said she was comming here on the VWP and then was going to stay and try to adjust status. She just wants to come on vacation , she intends to return to the UK for her K visa processing. Plus if she came on a VWP , technically there is no visa to try to adjust. She is already married to the US Citizen and an I-130 has already been filed.

i'd rather go to germany than to the uk though. don't know anyone there...

[PraetorianXI]

DaytonaFiremedic.

I am speaking of what I know. I was asked by Immihelp.com to contribute in the forum as an advisor, I did not "name myself one". So if you have a problem or complaint, please direct it to the webmaster of the website at: http://immihelp.com/forum/sendmessage.php

I mentioned the OP could have a problem at the POE showing non-immigrant intent. We (who have come through a port of entry to the US dozens of times) know that sometimes you get cool/easy-going officers and sometimes you get pain-in-the-butt officers.

I am the OP is now here visiting her husband, but if she tries to AOS (i-485) she will face a tough questioning and perhaps trouble at the AOS Interview. (see 30-60-90 rule).

[PraetorianXI]

Well, that rule is more of a rule of thumb than an official rule. However experience tells us that it is inforced by some (if not most) adjudicating officers.

You can always marry in the US, even 1 day after you arrive, if it is a spur of the moment thing... or if you planned it, disclosed it to the POE officer and he let you in ... or not.. the thing is when doing AOS is recommended to wait 60-90 days after arriving to the US, before applying.