Best course of action

[MCherie 10]

Hi everyone. So I'll try to briefly explain myself first.

My husband and I got married June 28 2013. We filed the I130 in September. In October we filed for the K3.

We will stick with the I130 if it gets moving before the K3. If the K3 gets accepted first we'll go that route for AOS.

We recently found out that I am pregnant (yay!). I am due in early July (2014), and I want my husband here with me during the course of the pregnancy and (obviously) the birth of our first child.

He currently is on the VWP and has been using that to visit me. Here is our recent visits.

My husband was in America (my country) from early Oct to early Nov (2012).

I was in England (his home country) from late Jan to mid Feb (2013).

I went back to England from late May to early September (2013).

My husband was in America from early September to early December (2013).

We were thinking of having him come back to America on his VWP for another 3 months (just under the 90 day limit) in late January or early/mid February.

We were hoping that either the I130 will have progressed or the K3 will come through by May 2014 or shortly after he returns.

All this being said, I want him here when the baby is due, absolutely, above all else. Would bringing him here in the second trimester ruin his chances of being here in the third trimester and the end? Will he have spent to much time in America and possibly get denied entry?

Edited December 6, 2013 by MCherie

[MCherie 10]

Would it be better to get some kind of extended visitor visa?

Edited December 6, 2013 by MCherie

[NigeriaorBust 4,087]

You probably won't get a visitors visa , you need to follow the roughly same time out as in rule or your chances of getting in go way down. He may not get back in January after only being out about a month.

[christeen 966]

No extension on VWP ... He could apply for a b2 which would give him 6 months BUT if he gets denied (there is a chance since there is immigrant intent) he will no longer be able to use the VWP (which IMO is too big of a risk)... As far as visiting, it is always up to the immigration officer to admit, but if he has good ties and compelling reason to return to UK (along with his proof of recent trips which show he has a history if visiting and returning) then a visit in Feb should not hinder him from being there in May... However, I would NOT push his visitis to the limits of the 90 days... I would have him return enough prior to that date so as not to arise suspicion (in my opinion)... It will be tough to show compelling reason to return if he can be gone for 90 days at a time without issues...

[ustrack 3]

See the approvel of i130 before he travels to us

[Boiler 45,486]

Presumably he can not have that many ties, he is moving to the US and has been able to spend a lot of time in the US.

There is no direct answer to your question, you know you are pushing it, all depends on how lucky you feel.