Can my spouse travel to US to visit while i-130 visa is processing?

[visastaketoolong000]

My husband is from the UK and we applied for his i-130 a month ago. I am a US citizen. Can he legally travel to the US for 90 days or less to stay with me while the petition is processing at USCIS (or potentially already at the NVC)? Would it be wise for him to quit his job and terminate his lease and come here to wait out the process? He would obviously return to the UK after the 90 days, or whenever his consular interview is at the London embassy, which ever comes first. In which case he would stay with friends or family. So he would technically not be coming to the US to live permanently. Can anyone give me some insight? Have you had a similar situation? Is it worth it? And how good a chance would he not be able to enter the US once he landed?

Thank you.

[Jammydodger]

Hey,

I'm from the UK and currently going through the same process as you guys. My wife is a US citizen and I have been to visit a couple of times on the visa waiver just for a couple of weeks here and there. I didn't have any trouble getting into the States, the boarder control did ask all about my intentions and I was upfront and honest, obviously I had a ticket to go home so they let me in.

Our I-130 was sent at the end of march and didn't get approved until beginning of July. So, more than 90 days. I wouldn't advise him to leave everything in the UK for a 90 day tourist visa because it will take longer than that before he gets to the interview stage. So he would have to leave the US before the 90 day visa runs out, issue would then be getting back into the States again. I would imagine they will cotton on to it and eventually deny him access, which obviously won't be good in the long run. Also, you can only legally over stay a visa if you plan to adjust status which if he is in England you won't be able to do. So, over staying a tourist visa would only make him an illegal alien and liable for permanent dismissal.

I think a visit will be ok but in my opinion its too risky to stay for 90 days at a time.

P.s I'M NOT AN IMMIGRATION LAWYER. Just another poor sole who wants to be with his wife
(Ray B is a good contact for advice)

James

[rayb]

Your husband can "legally" visit the U.S. during the petition processing...if he can get a visitor visa or his Visa Waiver status is okay.

If denied a visa, or signing up for Visa Waiver status (ESTA ?), you have your answer.

If he arrives at a Port of Entry and confirms that a spousal petition is in process for him, he might be barred from entry.

--Ray B

My husband is from the UK and we applied for his i-130 a month ago. I am a US citizen. Can he legally travel to the US for 90 days or less to stay with me while the petition is processing at USCIS (or potentially already at the NVC)? Would it be wise for him to quit his job and terminate his lease and come here to wait out the process? He would obviously return to the UK after the 90 days, or whenever his consular interview is at the London embassy, which ever comes first. In which case he would stay with friends or family. So he would technically not be coming to the US to live permanently. Can anyone give me some insight? Have you had a similar situation? Is it worth it? And how good a chance would he not be able to enter the US once he landed?

Thank you.

[visastaketoolong000]

Thanks for your response Jammydodger

It seems we are in the exact same situation. Could you tell me a little more about your process thus far? Are you going through consular processing through the london embassy? How long did it take for USCIS to accept the petition? And did they send you any RFE's? I am assuming you are now in the NVC stage? Do you have an interview date yet?

Hey,

I'm from the UK and currently going through the same process as you guys. My wife is a US citizen and I have been to visit a couple of times on the visa waiver just for a couple of weeks here and there. I didn't have any trouble getting into the States, the boarder control did ask all about my intentions and I was upfront and honest, obviously I had a ticket to go home so they let me in.

Our I-130 was sent at the end of march and didn't get approved until beginning of July. So, more than 90 days. I wouldn't advise him to leave everything in the UK for a 90 day tourist visa because it will take longer than that before he gets to the interview stage. So he would have to leave the US before the 90 day visa runs out, issue would then be getting back into the States again. I would imagine they will cotton on to it and eventually deny him access, which obviously won't be good in the long run. Also, you can only legally over stay a visa if you plan to adjust status which if he is in England you won't be able to do. So, over staying a tourist visa would only make him an illegal alien and liable for permanent dismissal.

I think a visit will be ok but in my opinion its too risky to stay for 90 days at a time.

P.s I'M NOT AN IMMIGRATION LAWYER. Just another poor sole who wants to be with his wife
(Ray B is a good contact for advice)

James

[Jammydodger]

Process has been enduring and quite painful in some aspects of it to be honest, but we didn't expect it to be a pleasant ride. In terms of the process itself, its gone relatively smooth so far. I-130 got approved in about 90 days, and we were expecting it to be closer to 5 months.

Yes, processing through London embassy.

Don't know what RFE's are……

Yes, actually just posted the civil documents off this morning which is one of the last parts of the immigration application sent to the NVC. Providing everything goes through smoothly, the next step is a medical examination and then an interview. So, fingers crossed we're not too far away from the finish line.

Thanks for your response Jammydodger

It seems we are in the exact same situation. Could you tell me a little more about your process thus far? Are you going through consular processing through the london embassy? How long did it take for USCIS to accept the petition? And did they send you any RFE's? I am assuming you are now in the NVC stage? Do you have an interview date yet?

[jman1987]

Your husband can "legally" visit the U.S. during the petition processing...if he can get a visitor visa or his Visa Waiver status is okay.

If denied a visa, or signing up for Visa Waiver status (ESTA ?), you have your answer.

If he arrives at a Port of Entry and confirms that a spousal petition is in process for him, he might be barred from entry.

--Ray B

Hey Ray,

I am new to the blog. Thanks for all the good info.
I have a fiancée from Peru and we are going through the visa process.
I wanted to do the fiancée visa but with her family there is no way I could take her away without first getting married in Peru in her church.
My question is, am I able to have her come visit me on her visitors visa while we are in the middle of getting the marriage visa processed. I told her I would be willing to stay there in Peru with her, but also it will be a little hard because of money.

Jman1987

[rayb]

Having a petition in process or admission of a pending marriage are grounds for denial of her visitor visa or entry t the U.S.

That doesn't mean she can't use the visitor visa, if she gets it, but her pending status are still a possible basis for denial of the visa or denial of entry.

--Ray B

Hey Ray,

I am new to the blog. Thanks for all the good info.
I have a fiancée from Peru and we are going through the visa process.
I wanted to do the fiancée visa but with her family there is no way I could take her away without first getting married in Peru in her church.
My question is, am I able to have her come visit me on her visitors visa while we are in the middle of getting the marriage visa processed. I told her I would be willing to stay there in Peru with her, but also it will be a little hard because of money.

Jman1987

[rick96]

Can my spouse travel to US to visit while i-130 visa is processing? India

Hello, Helpers

I have situation where I need my wife in USA for at least 1-2 week for her University admission from India. I have filed her 130 last month and I have applied her university for next fall semester which is August 2016.
I know due to longer delay in immigration she won't be able to come with me before July 2016. and I would like her to join university without wasting her academic year.

University wants her to give interview otherwise she won't qualified for Fall 2016. usually interview comes around December 2015 and February 2016.
University told me that they can provide latter from university regarding interview before month for interview.(I am not trying to get student visa because she will have her green card in 1 year and Student visa is not feasible for me at this point.)

If she won't able to attend interview then she have to re-apply for Fall 2017. which will take away 1 year from our life.

Can she able to get visitor visa for university interview for further education?

Any advise will be appreciated.

Thank you

[yash_shah_11]

Hello, Helpers

I have situation where I need my wife in USA for at least 1-2 week for her University admission from India. I have filed her 130 last month and I have applied her university for next fall semester which is August 2016.
I know due to longer delay in immigration she won't be able to come with me before July 2016. and I would like her to join university without wasting her academic year.

University wants her to give interview otherwise she won't qualified for Fall 2016. usually interview comes around December 2015 and February 2016.
University told me that they can provide latter from university regarding interview before month for interview.(I am not trying to get student visa because she will have her green card in 1 year and Student visa is not feasible for me at this point.)

If she won't able to attend interview then she have to re-apply for Fall 2017. which will take away 1 year from our life.

Can she able to get visitor visa for university interview for further education?

Any advise will be appreciated.

Thank you

I have a smiliar situation, I am getting married soon, and my fiancé wants to start school in August 2016, I was planning to file I-130 and then file for I-129F to get K3 while we await for I-130 to be processed, so that she can come and study here while we wait for her I-130 to be completed.
I haven't researched the time lines yet or if there is more complications to this route.

[WhoDaDaddy]

I just don't get it

I realise there is due process to consider when it comes to visa applications but surely the system could be more family friendly. In my case my wife is a U.S. citizen and we have a young child too. We would have to split up so as to make an application as it is far easier to show US income from an American employer but in the meantime I remain outside the country so as to not upset anybody. If there was some kind of system whereby spouses would need to report in regularly while they wait for applications to be processed would be beneficial. Not even saying it's about working there too but being together as a family at least!

[Angel Geronimo-Algara]

can my spouse travel to the US while i-130 visa is in process?

Hi,

I have an almost similar situation to almost everyone here. My husband is currently in the Philippines, he has a crewman's visa and a tourist visa. He usually flies to LA monthly with a 3-5 day layover only and used his tourist visa only twice for max of 1 week (sad huh?). Well right now, he isn't flying (cabin crew), and we just want to know if he would still be able to travel back to LA using his tourist visa for about 2 weeks, 3 the most, while our i-130 petition for IV is still ongoing. so far everything has been approved already, just waiting for the next step after sending the AOS and supporting documents. Can anyone help us please? Is there anything he may need to do? or can he just simply travel to the US on a tourist visa for 3 weeks while our petition is ongoing?

Thanks!

[rikewoo]

Marrying in the USA

Hello, am not sure where to post this as I could not find a New Post icon.

I am trying to find some answers to a couple of questions about marrying in the US. Wonder if anyone can help?

My Fiancee is an American Lady, 70 years old. I am UK Citizen 77 years old. (Both retired)

question 1)
If we marry in the US, then apply for Spouses Visa, would this allow me, to remain in the States beyond the 90 day ESTA, while the application is being processed.

question 2)
How much money would the Sponsor need to have for the sponsorship. Would the financial status of the Spouse be taken into consideration.
I have my own income plus savings.

Many thanks in advance
Rikeoo

[rayb]

You can overstay an ESTA 90-day visit time if married to a U.S. citizen and being processed in the U.S. with an immigrant petition and Adjustment of Status procedure.

Your new wife must have proof of annualized income of at least $21,000 for a household of two (you and her).

--Ray B

Hello, am not sure where to post this as I could not find a New Post icon.

I am trying to find some answers to a couple of questions about marrying in the US. Wonder if anyone can help?

My Fiancee is an American Lady, 70 years old. I am UK Citizen 77 years old. (Both retired)

question 1)
If we marry in the US, then apply for Spouses Visa, would this allow me, to remain in the States beyond the 90 day ESTA, while the application is being processed.

question 2)
How much money would the Sponsor need to have for the sponsorship. Would the financial status of the Spouse be taken into consideration.
I have my own income plus savings.

Many thanks in advance
Rikeoo

[rikewoo]

You can overstay an ESTA 90-day visit time if married to a U.S. citizen and being processed in the U.S. with an immigrant petition and Adjustment of Status procedure.

Your new wife must have proof of annualized income of at least $21,000 for a household of two (you and her).

--Ray B

Thank you Ray for those answers. As my wife is retired, therefore not working without an annual income, would money in a Bank account be acceptable instead.
As here in the UK it is an annual income of £18.500 P/a, or £62,000 in a bank account .

Another question that comes to mind: Healthcare. If my status is approved would I be eligible for a healthcare program such as Medicare

[bistek]

Your husband can "legally" visit the U.S. during the petition processing...if he can get a visitor visa or his Visa Waiver status is okay.

If denied a visa, or signing up for Visa Waiver status (ESTA ?), you have your answer.

If he arrives at a Port of Entry and confirms that a spousal petition is in process for him, he might be barred from entry.

--Ray B

I have a similar question: Can a holder of a valid B1 B2 visa be allowed entry to the US for a 30 days vacation even if he has an approved but not yet issued immigrant visa (spouse of US citizen)? He has not gone to the US embassy for his scheduled visa interview because he is not yet decided if he would migrate to US. Thanks again.