My husband (a us citizen) and i got married in Holland over a year ago. We have 3 children (2 from my previous marriage). Because my husbands job suddenly ended, he has to go to the US within a month. Me and the children want to come with him at the same time. When we are in the US, we want to file the i130 and start the proces to get a CR1 visa.
I read and hear different things. 1 is that its fraud and ull risk to get deported. But others i talked to say u sure can do this and just give it a try. I am confused. I want to do whats best for the children. We do not want to be apart from daddy (and we have no house no income in holland) but dont want to get deported from the US either. Can anybody tell me what to do? Should we take the risk and file once in the US?
Thanks so much in advanceI think everybody misunderstood me. I am the wife, i am Dutch. My husband is a US Citizen. Right now we are in the Netherlands (he has been working here for the past 5 years). He is going back to life and work in the US again. We want to come with him. The question is, is it ok for me and the children to travel with him. And once we are there (as a 90 days-tourist) we want to file the i130. Is that possible, without beein accused of fraud and at risk of gettin deported?
Are you in the U.S. or Holland right now?
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.
if you are in the U.S. on visitor visa you can file immediate family petition and adjust your status. If you want to follow this route, make sure to do so 90 days after your entry.
I recommend the help of an immigration lawyer to discuss the details of your case and to advise you on the best available option in your case.
Elkhalil Law Firm, LLC
Disclaimer: This answer is for informational and educational use only. This answer does not creat attroney-client relationship. For more details, I recommend a private consultation with an immigration lawyer.
Best idea would be to start filing the petition on his behalf so he can do consular processing. He will come as a legal permanent resident in 8-10 months.
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Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.
Your husband could enter the U.S. after ESTA registration through the visa waiver program. The ESTA online application form does not ask who you will be visiting, but when your husband arrives at the port of entry CBP will ask about the purpose of the trip. If he tells CBP the truth, CBP may order him removed and then he will be subject to a 5 year inadmissibility bar, or CBP can allow him to go back to his country without a removal order.
If your husband does not disclose the purpose of the trip, CBP could interrogate your husband and find out about the marriage and order him removed with a fraud finding. USCIS could make a fraud finding during the adjustment process, which will mean that your husband will have to file a waiver, which is always fraught with the danger of denial. If he waiver is denied, he probably will never be able to come to the U.S. again. Fraud carries a lifetime inadmissibility bar, unless overcome with a waiver.
Your should file the I-130, followed by I-129F for alien husband with pending I-130, followed by your husband's application for a K-3.
Those who tell you to give adjustment a try are playing with the life trajectory of your husband and your family.
Consult with a competent attorney or BIA-accredited representative.
Daniel Green, Esq.
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