Married USA but stuck in Singapore

vissab · Post by **vissab** » Mon Jun 18, 2007 9:51 am

Hi,

Can someone help me with this issue? My husband started the I-130 application on June 1, 2007 for me. On June 7, I came back to Singapore to settle some personal stuff and apply for the visa at my home country. I went to the US Embassy today and was told that I can only apply the visa in Singapore after the US have approved all the visas there first.

I'm already married to the US. Citizen. My ceremonial wedding in set for Oct 13, 2007. Everything is booked and plane tickets for family has been settled. But when I asked the US Embassy lady she said that now it is not advisable for me to return to the US without the visa approval as it is on my NRIC that I've applied for the visa and it is still pending. She said the immigration officer might turn me away at arrival. If that happens, I would have to hop on the next plane back to Singapore and it could jeopardize my pending visa case.

Has anybody been in the same situation? I need to know if I can go back to the US to do the wedding ceremony in October and NOT jeopardize the immigration process. Does anyone also know the process time for the steps to this K3 visa immgration? Should I have just stayed in the US and not come back to Singapore? I'm getting really stressed about this.

SYH · Post by **SYH** » Mon Jun 18, 2007 9:57 am

The Embassy already told you that without visa approval you might be turned away and jeopardize your visa. Fly into Canada and drive across if you so badly want to enter the US

vissab · Post by **vissab** » Mon Jun 18, 2007 10:25 am

It will still be going in with my Singapore passport. Won't I encounter the same situation when they run my passport in their system? I guess the main concern is that they have like red flag on my information. If not, then I can go in to the US as a tourist from my country. She made it sound like if that guy had a bad day then I'm screwed.

Marco 72 · Post by **Marco 72** » Mon Jun 18, 2007 10:53 am

What was your status in the US before you got married and applied for adjustment of status (form I-130)? Were you there as a tourist, or on some kind of work visa? Did you apply for advance parole (AP) before you left? If you get married in the US without an immigrant visa and file for adjustment of status (AOS) you have to stay in the US until your petition is approved. The only exceptions are for people who have a "dual intent" visa, like H1B or L1, and those who were granted AP. If this is not the case, then the alien's application for adjustment of status is deemed abandoned upon departure and they are subsequently inadmissible to the US (since they have clear immigrant intent but no immigrant visa).

I strongly recommend you do not follow the advice above (driving across from Canada). It makes no difference if you are flying or driving, you still have to go through the same immigration checks. To be admitted as a tourist you need to show you have no immigrant intent, but their records will show that you applied for AOS. Unless you obtained AP or had a dual intent visa prior to your wedding you will probably need to file a new application for an immigrant visa and wait outside the US until it is approved. You may also want to contact a US immigration attorney, or post in the following forums. Several users there have had lots of experience with US immigration matters. Good luck.

http://britishexpats.com/forum/forumdisplay.php?f=34
http://britishexpats.com/forum/forumdisplay.php?f=35

vissab · Post by **vissab** » Mon Jun 18, 2007 11:10 am

Singapore has a visa waiver program for 90 days in the US for tourist. I was on it. Therefore, I was not allowed to change the status while I was on that visa. That's why I came back to Singapore first.

Before I left, my husband has filed I-130 for me and we are waiting for the response. Is it possible to file another visa? To let me go into the US even before this is approved? I did not file for AP and I couldn't apply for AOS because of the waiver program.

I read on the website path2usa.com it says:
Step 1 - file I-130
Step 2 - file I-129F with receipt of I-130
after this the US side will send the approval package to Singapore.
Once the Singapore embassy gets it, they will contact me and set up the interview date.
Only then can I go back to the US.
Is this right?
USCIS and the Singapore Embassy website isn't very detailed and clear about the steps. I'm looking at the path2usa website for steps. But I don't know if that is accurate.

My concern now is that today is June 18, would I be able to go back in time for my Oct 13, 2007 wedding ceremony?

SYH · Post by **SYH** » Mon Jun 18, 2007 11:19 am

Let's stop putting words in my mouth, I didn't recommend she drive across the border. I just said if she is so desperate, that would be the best method to avoid detection. I qualfied the statment by first repeating the risks that the Embassy already told her about, it doesn't change by going through Canada, just letting her know that they are less gung ho at the Canadian border.

Marco 72 · Post by **Marco 72** » Mon Jun 18, 2007 12:04 pm

vissab wrote:Singapore has a visa waiver program for 90 days in the US for tourist. I was on it. Therefore, I was not allowed to change the status while I was on that visa. That's why I came back to Singapore first.

Before I left, my husband has filed I-130 for me and we are waiting for the response. Is it possible to file another visa? To let me go into the US even before this is approved? I did not file for AP and I couldn't apply for AOS because of the waiver program.

This is not actually correct. You can get married in the US and apply for AOS, even while on the VWP. This is because you may not have initially intend to get married and stay in the US, but the circumstances may have changed. In that case you are allowed to stay in the US beyond the usual 90 days until your AOS application is decided. The drawback is that you can't leave the country until then, and they might ask you to provide evidence that you initially did not intend to stay (e.g. letter from employer, pay slips, etc).

From your original message I thought you had applied for AOS in order to stay in the States, but it seems that this was not the case (by the way, I made a mistake in my previous message: AOS is through form I-485, not I-130).

vissab wrote:I read on the website path2usa.com it says:
Step 1 - file I-130
Step 2 - file I-129F with receipt of I-130
after this the US side will send the approval package to Singapore.
Once the Singapore embassy gets it, they will contact me and set up the interview date.
Only then can I go back to the US.
Is this right?

Yes, this is the correct procedure. However, there might be complications due to the fact that you were in the US at the time when the application was filed. Unfortunately you may not be able to obtain your visa by October. I understand it can take several months for applications to be approved. I'm sure they'll be able to give you better information in the other forum.

vissab · Post by **vissab** » Mon Jun 18, 2007 12:49 pm

I've been reading the forum responses here and the others. I'm even more confused. It seems some people are still travelling to the US after they have filed for the visa but before a verdict has been given. Some are scared to do so.

So is it to say if it take 1 year for the response then I won't get to travel back to the US to see my husband for 1 year?

Marco 72 · Post by **Marco 72** » Mon Jun 18, 2007 1:13 pm

I have heard of someone who successfully travelled to the US with a pending application for a K3 visa, but there is always a risk that the immigration officer will deny you entry if you have applied for an immigrant visa. As someone mentioned on the other forum, it might be a good idea to postpone the ceremony. Keep in mind also that being denied entry is not a particularly pleasant experience if you fly to the US from most places (you could find yourself being detained overnight at an immigration detention center). You may want to pre-clear immigration by changing planes in Canada or Ireland. See here. However, my advice would be to postpone the ceremony.

vissab · Post by **vissab** » Tue Jun 19, 2007 1:47 am

WOW! Thanks for all your support and replies. From what I gathered, there is no hard and fast rule about this situation. So it is up to chance. The immigrant officer might let me in or he might not. It seems weird that such an important decision isn't a rule/law but up to one man's discretion.

Marco 72 · Post by **Marco 72** » Tue Jun 19, 2007 12:01 pm

vissab wrote:WOW! Thanks for all your support and replies. From what I gathered, there is no hard and fast rule about this situation. So it is up to chance. The immigrant officer might let me in or he might not. It seems weird that such an important decision isn't a rule/law but up to one man's discretion.

Actually, the same applies pretty much in every rich country. If I went to Singapore (a country I'd love to move to) I would also need to satisfy an immigration officer that I intend to travel as a tourist.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Married USA but stuck in Singapore

Married USA but stuck in Singapore