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Filed: Timeline
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I will be filing the I-130 petition for my husband while we're both inside America and him in America on a visa-waiver for 3 months. Since the visa waiver cannot be extended, he will leave the country before the 90 days are up as allowed under the visa waiver. The question is, since the I-130 petition for him will have already be filed, will he still be able to return and regain entry into the U.S. to start another 90 days on the visa waiver? In the past couple of years he has been able to do so each time without any problem after a few weeks out of the country. However next time since the petition for him will have been filed, will that affect his entry? Will the Immigration officer at the port of entry see on their computer screen for eg. that immigration petition has been filed for this person seeking entry? For your info. he's from a friendly country (Australia) with over 10 entry-departure records into/out of the U.S. over the past 10 years, never overstaying, clean record etc.

Thank you.

 
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