visiting spouse

[dutch-american 0]

i was wondering if my spouse could use a tourist visa (VWP) to visit me in the states while we are waiting for the K3 or CR1 visa to get approved. He will return home after visit. so if we are married in feb and he returns home and then comes for a visit in may for a few weeks, returns home and then comes here when spouse visa is granted. he is in school and is not planning on moving here until he gets a visa to live here, but we do want to visit using the VWP in the meantime. Any advice? we haven't been married yet and are trying to figure out what makes the most sense.

[devblt 0]

Your spouse can come to visit you during this process. Many people will tell you there is no issues, while others will tell you that a spouse coming to visit the states during this process will cause issues.

Essentially, the issue of concern is around whether the spouse will be allowed to enter the USA. If the immigration officer has any doubts about whether the spouse will return back to his/her country, they will refuse entry into the USA. If that happens, then during the interview he/she will have to explain why they were denied entry into the USA. Sometimes that leads to a immigrant visa denial.

Other people have been able to successfully entry the USA multiple times while going through the immigration process without any issues.

I would suggest that if at all possiable, that the USC go visit the spouse in thier home country rather than risk the non-usc getting denied entry at immigration. That is my person opionion..

If you decide on your spouse coming to visit here, make sure he/she bring along a lot of documents proving strong ties to thier home country, and that they intend to go back after the short visit.. it is upto the visitor to prove that he/she is not coming to the USA with the intention of not going back.