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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 105614
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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I am married to a USA citz and i returned back to the UK

Customer Question

Hi, i am married to a USA citz and i returned back to the UK because i had a new job waiting for me. My US husband has submitted the i-130 form however i realized i want to be with my husband. Can we pull back the i-130 and then i go there and stay in the states anf then apply for the Ajustment of status.
Submitted: 9 months ago.
Category: US Law
Customer: replied 9 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Guillermo Senmartin replied 9 months ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. You cannot un-ring a bell and you could have major issues entering the U.S. with a visitor visa when you have or recently had immigrant intent. Even if you withdrew the I-130, they still know that you had immigrant intent and they will correctly assume that you are just planning to use that non-immigrant visa to enter and stay. When was the I-130 filed for you? Do you have any urgent or emergency reason that could be used to expedite other than you want to be together sooner rather than later which is pretty much everyone in that situation? What I am asking is if there is anything in your case that makes it special?
Customer: replied 9 months ago.
The i130 was submitted 3 weeks ago. I don't have anything really special or a special case .Can I go there an stay whilst it's processing ?
Expert:  Guillermo Senmartin replied 9 months ago.
I just had a similar conversation with someone about this about an hour ago. Hopefully you can see it: http://professional.justanswer.com/chat/index/e3a0cb43003f43e291c2a32f93eb34a4 You can try, but honestly I think you will be turned around. IF you make it in, then yes, your spouse can file everything for you so that you can stay in the U.S. Just don't lie to get in because that could cause you a permanent bar to entering the U.S. without a very hard to get waiver. If you are lucky and they just wave you on through, then you can file to stay. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Customer: replied 9 months ago.
What do you mean lie ? If they ask me why I am there could I not just say seeing my husband ?
Expert:  Guillermo Senmartin replied 9 months ago.
Ok, let me ask you, what would you say if they asked you what your intention was during this trip, to stay or to go? If you knew they would send you back home immediately if you told them that your plan was to stay and get Residency, would you say the truth?
Customer: replied 9 months ago.
I'm not sure ...could I not say going to see my husband ?
Expert:  Guillermo Senmartin replied 9 months ago.
You aren't supposed to lie if asked directly. If you say you are going to see your U.S. Citizen husband, more than likely they will turn you around and make you go home and wait for the proper visa if you are lucky. If you are unlucky, they could give you a 5 year bar or a permanent bar which would force your husband to file a waiver for you that is not guaranteed. I am just trying to keep you out of trouble. I'm sure you won't appreciate it because matters of the heart tend to be difficult ones, but this situation is so common, I wrote a statement that I copy and paste the 2 or 3 times a day that I get this type of question and it is this one: I know you do not want to wait. I know it is very inconvenient. I know you want to be together sooner rather than later, but I have this same conversation two or three times per day on this website. No one ever likes it and believe me, if there was an easier or faster way, I would tell you. I know you will probably say, “but what about this...?” or “but what about that...?” But I will most likely continue to have bad news for you. I am truly sorry. The problem is that the U.S. concerns over security and fraud in this area are more important than a 6 to 9 months inconvenience to you. The way they see it is that if it truly is a real relationship, it will survive that length of time apart. Again, I am truly sorry. I wish I had a faster and easier way to tell you about. So I recommend doing the CR-1/IR-1 process, but if you insist in trying to "visit", you should have a real reason for visiting that does not have to do with your husband and significant proof that you will go back home after your visit. Even then, it is still a risk. I just want you to be aware and I want to try to keep you out of trouble. Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!
Customer: replied 9 months ago.
ok . Do you know how long the process will take?im from the UK so i believe it shouldnt be that long right ?
Expert:  Guillermo Senmartin replied 9 months ago.
Pretty close to 9 months or so. You can TRY to expedite, but it is not easy to do. Here is a link: http://www.uscis.gov/forms/expedite-criteria Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% of people on this site don't leave a positive rating and since I am not given a salary to be here, it's as if I spent my time responding for free. So you can understand, that's like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. Talk about unfair! So I hope you leave that positive rating. Your question does not close if you forgot to ask something. You aren't charged again if you respond on the same thread. Thank you for your understanding.
Customer: replied 9 months ago.
Thank you for the advise . One question, I haven't received the notice where UCIC have received our papers and it's been three weeks so When I do reach the border would they able to see that a visa is pending ?
Expert:  Guillermo Senmartin replied 9 months ago.
It takes about 2 to 6 weeks for a receipt to be generated, but yes, CBP at the border should see it even though you don't have a receipt yet. I'm trying to keep you from getting into trouble. If you try this and they ask you questions and don't like your responses, one of three things can happen: a) They will allow you to withdraw your request to enter the U.S. and you can go home, no penalty. b) They will not allow you to withdraw your request to enter the U.S. and will order you excluded. This has a 5 year penalty that you cannot come back unless you get a very hard to get waiver. c) They will not allow you to withdraw your request to enter the U.S. and they catch you in a lie and they exclude you with a permanent bar due to fraud and/or misrepresentation and with that charge you cannot come back unless you get a very hard to get waiver. Let me know if you need anything else, but please do not forget to rate me positively. As I do not receive a salary, it is the only way that I get credit for my service to you. You are NOT charged again and we do NOT finish just because it says, "Rate to finish" or something like that. I will not abandon you after you rate me positively if you have additional questions. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you for your understanding!
Customer: replied 9 months ago.
Thank You for r response .Let me get this straight, i can not go and visit my husband on a esta visa whilst the i130 visa is in process even though i have a return ticket and the intent to come back to the UK ?
Expert:  Guillermo Senmartin replied 9 months ago.
Please don't ignore my requests for a positive rating. At least tell me, "Don't worry, I will leave you a positive rating when I am done with my questions." Can you do that for me at least? And let me ask you, apart from a return trip ticket (which could be refunded or you could just decide not to use it and lose the money), how will you convince a CBP officer that you will return home on time when you really just want to stay and be with you spouse?
Customer: replied 9 months ago.
Sorry , i will give you a positive rating once im done with my questions. Apologies !I believe i can visit since i am from the UK and i do have a job to come back too.
Expert:  Guillermo Senmartin replied 9 months ago.
Well, let me put it like this. The law does not say that you cannot visit your spouse on a visitor visa or ESTA. The problem is convincing the CBP officer that you do intend to go back home after the visit. With a pending I-130, that's almost impossible to do because they KNOW that you can change your mind and stay and file and it would be legal to do so. Sure, you can try, and you can have evidence of the return plane ticket and evidence of your strong ties to your home, but in the end, it's the CBP officer that approves or denies and I am telling you that most will deny your entry. Most of those would let you withdraw your request to enter and let you go back home without a penalty, but some of those won't and you could end up with a 5 year or permanent bar and will then need a waiver to immigrate to the U.S. further complicating your case. Don't let your emotions control your actions. Be patient. Let me know if you need anything else, but please do not forget to rate me positively. Thank you!
Customer: replied 9 months ago.
I think i should have stayed in the USA when i got married in January hence that way we could have filed for Adjustment of status.Thank You for all your advise.
Expert:  Guillermo Senmartin replied 9 months ago.
Yes, that's what I would have advised doing had you come here first. At least he can still go visit you, of course. PLEASE do not forget that positive rating. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!
Expert:  Guillermo Senmartin replied 9 months ago.
You need to actually click on 3 or more stars or smiley faces. You promised to do so.
Expert:  Guillermo Senmartin replied 9 months ago.
Bhavisha, why do you refuse to leave a positive rating? I explained that your question does NOT close after you leave a positive rating. So if you have additional questions after because you forgot something, you can come back on this same thread and post a reply and are not charged again. Is it because you don't see the stars or smiley faces? You may have to click on a link that says "More" so that they come out. Please do that for me. I should not be blamed for the laws being the way they are. I am only trying to keep you out of trouble and I hope you understand and appreciate that. Thank you.
Expert:  Guillermo Senmartin replied 9 months ago.
Hello Bhavisha. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo Senmartin replied 9 months ago.
Bhavisha, I see that you are seeing my responses. Why don't you have the courtesy to respond to me or leave me a positive rating? I only keep mentioning it because if you can believe it, about 30% of people on this site don't leave a positive rating and since I am not given a salary to be here, it's as if I spent my time responding for free. So you can understand, that's like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. Talk about unfair! So I hope you leave that positive rating. Your question does not close if you forgot to ask something. You aren't charged again if you respond on the same thread. Thank you for your understanding.
Expert:  Guillermo Senmartin replied 9 months ago.
Thank you for your kindness and respect and blaming me for laws that I did not write. Karma. Good luck to you.

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