US citizen married to EU waiver living abroad

[geowrian 22,338]

There's no visa that guarantees entry. A visa is a document used in coordination with an application for admission (when you present yourself to CBP at POE).

If she is only visiting and not staying too long in the US vs abroad, then I don't see what the issue is here. She is using the VWP to visit and return home.

 

8 hours ago, Vicente C said:

Our intention is not for her to stay here,just the freedom of her being able to legitimately come and stay with me 2,3,4 months at a time and don't have to worry at entrance for questions of why you coming.

Staying 3+ months at a time - presumably at least twice a year just based upon how this is worded - is living in the US, not visiting. If it's the only visit per year (<3 months), then that would likely not be an issue.

 

3 hours ago, Vicente C said:

I think personally that it should be a seccion of the law for situations like this ,when a spouse can travel freely without having to apply for a permanent residency and without having to say she's coming to visit Mickey Mouse instead of the truth.

I have a serious problem with not saying the truth.

1) Never lie to anybody in immigration. That sets one up for major issues. Since you have a serious problem with not saying the truth, I think it's clear that it should not be done here.

 

2) There's a reason why visitors and immigrants have different requirements (public charge + medical + criminal, at least). Even then, nobody is guaranteed entry except US citizens (it's very slightly more complicated than this but this is the short version). If they aren't immigrating, then the US needs to know that they will leave.

Edited December 14, 2019 by geowrian

[Vicente C 1]

2 hours ago, geowrian said:

There's no visa that guarantees entry. A visa is a document used in coordination with an application for admission (when you present yourself to CBP at POE).

If she is only visiting and not staying too long in the US vs abroad, then I don't see what the issue is here. She is using the VWP to visit and return home.

 

Staying 3+ months at a time - presumably at least twice a year just based upon how this is worded - is living in the US, not visiting. If it's the only visit per year (<3 months), then that would likely not be an issue.

 

1) Never lie to anybody in immigration. That sets one up for major issues. Since you have a serious problem with not saying the truth, I think it's clear that it should not be done here.

 

2) There's a reason why visitors and immigrants have different requirements (public charge + medical + criminal, at least). Even then, nobody is guaranteed entry except US citizens (it's very slightly more complicated than this but this is the short version). If they aren't immigrating, then the US needs to know that they will leave.

Never 3 months 

This year for example she came for Christmas and stayed until mid February the came again beginning of August and left first week of September now she's coming for Christmas and hopefully she can stay till end of February, I don't get much vacation and can't ho for more than 15 days .

You see...

We were engaged at 20 yo ,I screwed up ,life took us very different paths and I moved here 30 some years ago.

Few years back both divorced bumped into each other,and two years ago in one of her visits we finally after 40 years got married.

 

 

[pushbrk 13,207]

13 minutes ago, Vicente C said:

Never 3 months 

This year for example she came for Christmas and stayed until mid February the came again beginning of August and left first week of September now she's coming for Christmas and hopefully she can stay till end of February, I don't get much vacation and can't ho for more than 15 days .

You see...

We were engaged at 20 yo ,I screwed up ,life took us very different paths and I moved here 30 some years ago.

Few years back both divorced bumped into each other,and two years ago in one of her visits we finally after 40 years got married.

 

 

Nice story but it does not change your available options.  You visit as you are able to arrange and within the law, until you can arrange your lives to live together.

[Canerican 242]

As others have said there is no visa in between visiting the US or staying in the US permanently no matter your situation. From what you have said, she has to be in her country "70% of the time due to family/business" and comes to the US to visit you. If this is the case, your spouse having a visit visa or using VWP would be your best option at this time. As I stated earlier if she wanted to immigrate she would have to tie up her business or have someone look after it as well as have someone else look after her aging mother so she can acquire her green card (GC). While having her green card (GC) she can travel but has to be in the US more than out to keep her green card (GC).

 

Also, it's about three to four years to acquire US Citizenship being a spouse of a US Citizen although there are also residency requirements attached to becoming a US Citizen. After obtaining US Citizenship she could travel back to her country and to the US as much as she wants. Otherwise, it will be her visiting you or vice versa for the next five to six years or until you can immigrate to her country.   

Edited December 15, 2019 by CDN(ON)-USA(VT)

[NikLR 13,232]

in all honesty, what you have, is the best it will get.  Only a USC is guaranteed entry to the USA.  Even as an LPR I'm not.  

 

She doesn't need to say anything other than she's visiting her husband when she comes to visit.  Really it's not that big of a deal. She should bring some evidence that she will return home at the end of her stay, and pack appropriately.  Most people from vwp and canada dont' have issues visiting provided we have jobs. 

[HRQX 4,145]

4 hours ago, geowrian said:

nobody is guaranteed entry except US citizens (it's very slightly more complicated than this but this is the short version).

I'll give the long version 😉

US nationals (i.e. US citizens, American Samoans, Swains Islanders, and CNMI individuals that chose not to get US citizenship) and American Indians born in Canada (with at least 50% American Indian blood)

17 minutes ago, NikLR said:

Only a USC is guaranteed entry

See above

[Duke & Marie 1,389]

12 hours ago, Vicente C said:

 

Thank you all for the responses.

I might have been misunderstood,she cant stay here more than 3 ,max 4 months so the issue I'm having is that I dont want her making up stories at entrance,

Obviously she can't say she's coming to visit her husband just because many think that everyone that comes wants to stay here.

This is not our case

I'm the one that'll be better off living retirement over there,and she has ample income in an established family business and the last thing would be to come here and start looking for a job at the age of 60.

That for the ones that think that everyone wants to come in and stay.

I just cant go to live there just yet because my retiring age isn't met yet.

I think personally that it should be a seccion of the law for situations like this ,when a spouse can travel freely without having to apply for a permanent residency and without having to say she's coming to visit Mickey Mouse instead of the truth.

I have a serious problem with not saying the truth.

I think it would be very wise to remember that most people visiting on vacations don’t usually stay for 3-4 months at a time, 2+ more times a year, year after year.. this in itself will raise questions and potentially a red flag.. 

 

I’d recommend CR1, then she can come and go as she pleases..

[pushbrk 13,207]

42 minutes ago, Duke & Marie said:

I think it would be very wise to remember that most people visiting on vacations don’t usually stay for 3-4 months at a time, 2+ more times a year, year after year.. this in itself will raise questions and potentially a red flag.. 

 

I’d recommend CR1, then she can come and go as she pleases..

No, she can't.  First, they've been married a while, so it would be IR1, not CR1.  People with green cards must maintain permanent resident status.  The simple version of that is to stay more in the US than outside the US, and have the US be your primary residence.  She does not want to do that yet.  Only when she does, will an immigrant visa be the solution.

[geowrian 22,338]

There's just not a visa for spouses who want to stay living apart and visit each other.

[Vicente C 1]

Thank to you all for your responses.

I guess we'll keep doing as of now.

Thanks again

[pushbrk 13,207]

2 hours ago, geowrian said:

There's just not a visa for spouses who want to stay living apart and visit each other.

And to clarify, this foreign spouse never intends to immigrate to the US.  The plan is for the US Citizen to immigrate to the wife's country.  Geowrian knows that.  Just reminding other readers.