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I-130-I-485, work permit

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fyr

Junior Member
State: GA

Hi..i married an american citizen last december in the U.S., holding a tourist visa. Now i am in my country, Venezuela, and he is going to fill out the I-130 and I-485 at the same time, i'm going there holding my tourist visa in May if i dont get the approval for the alien relative petition first. How long do you think it'd take? Do i have to wait 'til i get there to fill out the work permit or can he fill it out for me along with the I-130 and I-485? how long does it take? thanks.
 


ImmigAttyLana

Senior Member
You cannot enter the US as a tourist on a visitor's visa if you are already married to a US citizen and intend to file for permanent residence. Your spouse needs to submit the I-130 and the I-129F for a K-3 visa, and you can enter the US only once one of those applications is approved.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.
 

fyr

Junior Member
Why a k-3 visa

:confused: Thanks Lana,

My mother-in-law talked to an immigration officer and he told her that if my husband apply for a K-3 visa it'd take more time, he told her to fill out just the I-130 along with the G-325 and when i get there then i'd apply for adjustment of status.
I'm moving there in may, i cannot wait more time, i know i wont be able to work 'til i get the visa.
I'm afraid 'cause i dont know if when i go through customs an immigration officer would deny my entrance 'cause i'm already married. Is that possible?

Thanks
 

ImmigAttyLana

Senior Member
Yes, it is very possible that you will be denied entry to the US as a tourist visitor if you are married to a US citizen. You will be questioned at the port of entry as to the purpose of your visit and whom you will be visiting. If you lie, that is willful misrepresentation and can have negative repercussions in your application for permanent residence; if you tell the truth (that you are married to a US citizen and going to the US to join him) you will be turned back and told that you need to have a proper visa in order to enter the US (not a tourist visa)

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.
 

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