Traveling to US during the process of K3 or IR1/CR1

[brian Hickert 0]

I have 2 questions and I'm hoping for some answers based on experience:

Scenario is: I live in the US and I am married to a Lithuanian citizen who lives in Vilnius. She has always traveled to the US on a ESTA which gives her access for a maximum of 3 months at a time (6months a year). We have decided to pursue getting her residence and a green card and know that we have the K3 or the IR1/CR1 options.

Question 1: Once we file either the K3 or IR1/CR1 documents can she continue to visit the USA on her ESTA or some other type of visitor visa? If so which one?

Question 2: The IR1/CR1 process seems the most economical and efficient one. However, if we want to be able to have her visit as she has every 2 or 3 month while the residency is in process is there any limitation?

Thanks for your comments

[Ryan H 3,819]

Question 1: Once we file either the K3 or IR1/CR1 documents can she continue to visit the USA on her ESTA or some other type of visitor visa? If so which one?

She can come visit using the VWP, no guarantee she will be allowed entry by CBP.

On another note, don't bother with the K3, just file for the CR-1.

[Harsh_77 718]

I have 2 questions and I'm hoping for some answers based on experience:

Scenario is: I live in the US and I am married to a Lithuanian citizen who lives in Vilnius. She has always traveled to the US on a ESTA which gives her access for a maximum of 3 months at a time (6months a year). We have decided to pursue getting her residence and a green card and know that we have the K3 or the IR1/CR1 options.

Question 1: Once we file either the K3 or IR1/CR1 documents can she continue to visit the USA on her ESTA or some other type of visitor visa? If so which one?

Question 2: The IR1/CR1 process seems the most economical and efficient one. However, if we want to be able to have her visit as she has every 2 or 3 month while the residency is in process is there any limitation?

Thanks for your comments

CR1 is the only option you have K3 was supposed to be stopped I think around Aug.

She can try and entery via ESTA or tourist visa while the CR1 process is ongoing, but its upto CBP officer to let her enter or not.

In majority of the cases the spouse are turned away and are not allowed to enter the US while CR1 is ongoing.

[Ryan H 3,819]

CR1 is the only option you have K3 was supposed to be stopped I think around Aug.

The K3 visa will remain on the books for the foreseeable future (even though such petitions are administratively closed by the NVC). The K3 was created by an Act of Congress (the LIFE Act) and it would take another Act of Congress to officially remove it from the books.