FB2A - Any legal option to bring your spouse in US while waiting?

[danielenglish 3]

Hi guys,

First of all, happy new year; may the 2015 bring some great news to all of those are patiently waiting to live with their beloved ones.

As per the title, I am the petitioner for a FB2A - applied for my wife in March 2014 (PD 09 April 2014).

I perfectly know that is just a matter of time and we only need to wait (averagely two years); however, I am writing because I would love to understand whether or not there is an alternative to living apart for the required time.

I am aware the first answer is gonna be something like "do you think we wouldn't have already gone for that if only we'd had it?", yet I am still wondering..

Let's start saying that we all want to proceed - absolutely - legally because jeopardizing the process is the last thing we want.

That said, I ask myself (and you, guys): is there no way for a LPR to - again, legally - bring its spouse in the US while waiting for the PD to become current?

Of course I want to be super cautious and that is why I have not told my wife to use the ESTA yet (she is an EU passport holder and that would be an option) although - as far as I know - there should not be any problem with that. Is that correct?

I'm not sure 100% about that.

I mean, according to what I've understood so far, it is perfectly fine that she visits me - respecting the time limit of 90 days allowed by ESTA - BUT the officer at the board might make some problem should he/she assume the purpose of the visit is not tourism but staying.

Of course, I want to make clear that if she will ever visit me under ESTA, she will do so only to visit me and then go back to her country, waiting for the GC process to come to an end.

The other (and maybe the most important) question is: other than ESTA, do you know if there is a Visa she could apply for in order to spend together the time we still have ahead?

Note: we are not necessarily looking for a work Visa, as she may just studying at home in the meanwhile.

I know the best would be asking to an immigration lawyer (or even the USCIS that is 10 mins by car from where I live) but I work monday through friday and it's not gonna be easy, therefore I thought that asking here never hurts

Thanks a lot in advance for any suggestion or advice on this regard!

Edited January 2, 2015 by danielenglish

[Hypnos 6,576]

She can visit on the VWP.

[danielenglish 3]

Thanks for the reply, Hypnos.

I know she can visit on the VWP (that in my post I called ESTA); however, I am wondering if there is an alternative to that.

Something more "durable"..

Edited January 2, 2015 by danielenglish

[Hypnos 6,576]

Not really. Perhaps a B-2, but they would probably see through what you were trying to do, and would assume (correctly) that you were trying to have her de facto live in the US on a tourist visa before her priority date became current.

Applying for a B-2 and having it denied may also jeopardise her ability to use the VWP in the future (as she'd have to apply for a new ESTA and would need to declare the refusal, making it more likely her ESTA would be denied).

[danielenglish 3]

Thank you Hypnos, that is exactly what I already got after having inquired about the chance to apply for a B2 ..

So, all in all, the less risky option - like you said - would be the VWP..

[kzielu 1,149]

Student or work visa is always an option.

[danielenglish 3]

Thanks for the reply, Kzielu.

Do you believe that either a student or a work Visa may be better than a B-2 Visa?

By "better" I mean: with less risk of denial.

[kzielu 1,149]

Thanks for the reply, Kzielu.

Do you believe that either a student or a work Visa may be better than a B-2 Visa?

By "better" I mean: with less risk of denial.

Student one has probably same risk but if successful allows to stay longer than B-2 (in most cases), work some has definitely lower risk (especially if it's dual intent one like H-1B) but it's way more difficult to get.

[danielenglish 3]

Oh, I see. Thanks for the explanation.

So, basically, the best would be getting the H-1B that is more difficult to achieve because it also depends on the employer, right?

In other words, that could be an option, provided that my wife finds a job offer in the US - as a condition/prerequisite for the H-1B.

At least, that is my guessing..

May you confirm that, please?

Thanks

[Boiler 45,541]

There is a lot to be said for a transfer with her current employer

Continuity in employment

Quick

They pay her relocation costs

[kzielu 1,149]

Oh, I see. Thanks for the explanation.

So, basically, the best would be getting the H-1B that is more difficult to achieve because it also depends on the employer, right?

In other words, that could be an option, provided that my wife finds a job offer in the US - as a condition/prerequisite for the H-1B.

At least, that is my guessing..

May you confirm that, please?

Thanks

All correct. L-1 that Boiler mentioned is even better, but has additional requirements.

[danielenglish 3]

Thank you, guys.

Just to clarify; has Boiler mentioned another kind of Visa (L-1)?

Anyway, if I have understood correctly, the L-1 applies where there is a continuity in employment and therefore a transfer from the first employer to the second one based in the US.

If so, I am afraid the L-1 wouldn't be the Visa she could apply for because she is a pharmacist and does not work for a Company or something like that.

That said, the only option would be the H-1B, if we want to think about a work Visa, yet like I said in my first post, that is not necessary since she could just wait here - without working - as long as we wait together (which is the most important thing)

However, what seems "easy" is in reality a very tough thing because she may apply - for instance - for a B2 but, like every Visa, she should go through the interview and - as Hypnos correctly said - she might end up with a denial for the reason Hypnos pointed out.

I still don't know which - between the student (F1) and the work (H-1B) Visa - would be easier to get and for sure the VWP looks like the easiest one..

Edited January 3, 2015 by danielenglish

[Boiler 45,541]

She presumably has her US Pharmacist Certification?

[danielenglish 3]

LOL when in my first post I said "Note: we are not necessarily looking for a work Visa, as she may just studying at home in the meanwhile." I meant right that: she is studying for the bar exam in US