A complicated situation! Wife of 12 years and 3 children

[Mark88 183]

We have sort of the same issue--visiting while awaiting visa. I contacted a lawyer who told me that my husband could go to the Embassy here in France and explain that although he is planning to immigrate to America in the long term, he would like to VISIT America in the short term. Then they will issue a short term visa which will allow him to go to the U.S. Once in the U.S. he might have to convince the officer that he is indeed returning to France to await the immigration, but that it has been done successfully many times. We have not done this yet but this is what our lawyer advised if he wants to visit during the process. GOOD LUCK.

Don't, if he is a French citizen he can usw VWP to travel to the US for upto 90 days. If he applys for a visa, and it's denied, he can't use VWP anymore to travel to the US.

[orendamy 0]

Wouldn't K-3 and K-4 visas help here? Or is it just that the wait for those would likely be similar to the wait for the I-130?

[Hypnos 6,576]

K-3s are rarely issued nowadays.

[prlaje 0]

Don't, if he is a French citizen he can usw VWP to travel to the US for upto 90 days. If he applys for a visa, and it's denied, he can't use VWP anymore to travel to the US.

I thought that once we submit the I 130 he couldn't go to the US on the VWP???? I understand that he can go now as we haven't submitted the form yet...but once we start the process he could STILL visit on the waiver program?

[Mark88 183]

Yes, the he can still use VWP when filing I-130. He could face a greater challenge of getting in though, but my wife (German citizen) never had a problem traveling during the I-130 process on the VWP.

[Boiler 45,402]

I thought that once we submit the I 130 he couldn't go to the US on the VWP???? I understand that he can go now as we haven't submitted the form yet...but once we start the process he could STILL visit on the waiver program?

Why not?

[prlaje 0]

Great to know. Thank you!

[jan22 3,043]

if your tax filing is current (and she would have been included on them), and the green card is valid, you could have applied for a SB-1 visa. This would save alot of time. If approved you could return to the us with a green card within 30 days.

Even if the taxes were current, she would likely not be approved for an SB-1 visa. One of the requirements is that your stay of more than one year outside the U.S. be for a reason that was beyond your control (e.g., you were in an accident and hospitalized for months).