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Posted

I have two questions with which I hope you can help me.

Our situation is this: I am married to a USC and we live abroad together. From this foreign location we plan to file for a CR1 (spousal visum) this fall. We hope to move to the US in a little less than a year from now.

However, we have a two week vacation planned to the US this winter, while the visa process will be running. For this trip, will I, the beneficiary, be able to travel under the Visa Waiver program? Should we prepare for trouble at the border and perhaps bring letters from our employers with our expected return dates? Maybe we should bring proof of ownership for the house too?. Or should I perhaps ask the local US consulate for a tourist visum?

I'd like to hear from people who traveled to the US for short periods of time while their process was running.

The second question I have is this: in spring and summer of 2013 we hope to take some more time to travel (but not to the US), for a longer period of time. We will maintain residence in the country we now live in. I will make sure to be present in my home country for the interview and medical tests once the visa process reaches that stage. Do you think we can expect trouble with the visa proceedings if we are absent from our residence for a while? Is it possible to provide my parents' address to USCIS / the NVC mid-process? Are there other things that could go wrong or that we should keep in mind?

I have a blog!
My blog.

First date: May 31 2009
Moved in together: April 16 2011
Got married: November 25 2011

Sent I-130 (from abroad): November 5 2012
NOA 1: November 8 2012 (MSC / NBC)
NOA 2: January 2 2013

NVC case complete: April 15 2013
Interview date: June 25 2013
POE: ???

Posted

You can continue to visit while the visa is processing, but you may be asked to show strong ties to home, so I would bring those letters just in case.

You will need to make sure you keep up on all correspondence for your other trip.

But, you might want to refactor your timing. Petitions filed where the USC is abroad have been getting in an auto-expedite queue and getting approved in a week to a month. There are some other stages later, but overall it is much faster than if the USC were living in the US. See this thread http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/

So, it might be possible to get the visa, then take your long trip, then move to the US, or something. The visa should be good for about 6 months. Or, you could use the visa to enter the US, trigger you Permanent Resident Status, then turn around and take your long trip. They will stamp your passport as a permanent resident when you arrive. Good luck.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Posted

Thank you for your reply. We will definitely keep residence in my country while the petition is processed :)

How we plan the trip and the interview and such, we'll see when the process starts unrolling. Nothing has been set in stone yet, which is good.

I have a blog!
My blog.

First date: May 31 2009
Moved in together: April 16 2011
Got married: November 25 2011

Sent I-130 (from abroad): November 5 2012
NOA 1: November 8 2012 (MSC / NBC)
NOA 2: January 2 2013

NVC case complete: April 15 2013
Interview date: June 25 2013
POE: ???

 
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