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Can my UK spouse be in the USA with me when I apply for his IR-1/CR-1?

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Filed: Citizen (pnd) Country: Wales
Timeline

Hello, I was just wondering if anyone can clarify whether my British spouse can be in the USA with me (only as a 3-month visitor, with a plan to return to the UK at the end of it) when I apply for his IR-1/CR-1 spouse visa? I know that in general, spouses CAN visit the USA while their visa applicaiton is pending (and every case is different) but I'm trying to figure out if we can fly over together and he can be with me for the first 3 months.

Many thanks everyone! :)

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Yes.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

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13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
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319 (3/8/13) Approved at interview
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Day 0 (1/3/18) N-400 filed online

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Filed: Citizen (apr) Country: Ireland
Timeline

Yes; keep in mind that as spouse is visiting, their address for the forms should still be the UK one, otherwise USCIS will get confused.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Also be mindful that the visiting period is 90 days. Three months is more than 90 days and it catches a lot of people out.

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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Make sure to leave BEFORE the 90 days. This way if you miss your plane you have time to rebook if needed!

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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