Joining wife in U.S on Visit Visa Info requested

[Dino_123]

Hello,
I have a question about the situation that I am in. I am married and living in India and my wife has a green card. My spouse is in U.S with my Son . My wife has filed I 130 ( 3 years back) Immigration as i am still in india .

So I am planing to visit my wife and son in US on visit Visa from India
by telling Embassy that I am here in india & will come back want to meet my wife and son .

Is this possible and will i get a visa
will it have any impact on my immigration status

Or should I wait in India and get the US Immigration visa. but i am not sure how much time that takes...Can I apply for this now .

So what I need from you to tell me what is the best course of action and how much is going to cost me if I do that process from you.

Kindly mail me on hashmi4u@rediffmail.com
Thanks.
Ahsan Hashmi

[Cosmopol]

Ahsan -- good news for you !!!

The US Dept. of State has introduced a new visa for exactly your case: a spouse of a US PR, who resides abroad while awaiting for the I-130 to be processed and for the immigrant visa number to become available.

The new visas are V-1 for the spouse and V-2 for children. It is given for multiple entry for 10 years. What's more, the V status allows you to reside and ... work in the States while your I-130 is pending. Once the immigrant visa is available, you can file an Adjustment of Status application right in the US or fly back home and apply for processing at the nearest US diplomatic post that is equipped to handle immigrant visa applications.

Please keep in mind, that your spouse may become a US citizen BEFORE an immigrant visa becomes available (I've heard estimates of about 7 years for spouses of US PR) -- in that case she should contact BCIS and upgrade her petition to that of a US citizen's, which makes an immigrant visa available to you right away (of course, after the upgrade request is processed).

Here's some info on the V visas, and also see more info on qualifications for V visas here.


Good luck!

[Dino_123]

Dear Cosmopol
Thanks for your reply and nice to hear from you . friend please note that my application for immigration was filed on Jan 25 th 2002
Tell me wether i am still elgible for V1 catagory .
My wifes citizenship is due in July 2004 .

Kindly advice

[Filip]

Hi,

unfortunately, you are not eligible to apply for V visa, because your wife filed I-130 after December 21, 2000. The US immigration Law says:

- A person may apply at a U.S. consulate abroad for a V-1 or V-2 visa or seek V-1 or V-2 nonimmigrant status while in the United States, if that person is the principal beneficiary of a relative petition (Form I-130) that was filed by the Lawful Permanent Resident spouse/parent on or before December 21, 2000 and has been waiting at least 3 years since the petition was filed for status as a Lawful Permanent Resident because the petition is still pending.

Furthermore, you will wait approximately 10 more years till your visa number become available. However, once your wife has became the US citizen, you will be able to join your family in 1 - 2 years (It depends on Cervice Center, which will be dealing with your case). Good luck!

[Dino_123]

Dear Friends

as i have already mentioned earlier that my spouse and child is in U.S.A
does any one have any idea how i can enter U.S legally without spoiling my status . or is it possible for me to enter U.S from canada or mexico .

Can any one give a good practical idea ,
I am desperate to meet my Spouse and child .

10 years is a big period .

[Cosmopol]

Dino - regret to realize that you are not eligible for the reason of the date. There is a way, though, to avoid waiting another 1-2 years after your wife becomes a US citizen: the K-3 visa recently established for spouses of US citizens awaiting processing overseas. There doesn't seem to be any date restriction there. The only thing, once your wife becomes a USC, she'd need to upgrade her I-130 to that of a USC, and also file form I-129, which, once approved, allows you to apply for K-3.

Read more on this visa in USCIS (former INS) and Dept. of State articles (also here).

Good luck to you!

[Cosmopol]

I am desperate to meet my Spouse and child

Can they spend a holiday with you in a 3rd country (Canada, Mexico)? It doesn't resolve the matter, but it's a compromise...

[Cosmopol]

or is it possible for me to enter U.S from canada or mexico

As for "land" entry into the States -- all the same rules apply; you'd still need a visa, AND having one could be rigorously questioned by an immigration officer, whose powers are broad and discretion is still final. Entire vehicles or boats have been confiscated by IOs on the Canadian border and passengers sent back for a simple reason of "misstating" the facts.