visit my spouse and apply for the visa in the US the return?

[Isabel 0]

Hi,

What about this:

I thought about to visit my husband for 2 weeks in Maryland and apply for the Visa (CR1 and K3) over there the same time. So we could make another few pics of the both of us. Because we dont have any wedding pics at all.So it might be important to show a few more pics at the interview Im sure...it is also important to know where I will go to. I dont think it is clever to tell them I have no idea what america is like because I have never been there before. As far as I know Im able to stay in the US for 90 days without a visa. So is it legal if I would do this?

After visiting him I would return to Germany go on working and get my life slowly settled down. Waiting for the processing and stuff like that.

Thanks for responding

Isabel

[Kez/JWolf 6]

It is unlikley that you will be allowed to enter the US on the Visa Waiver Program as you are the wife of a USC and therefore are deemed to have immagrant intent...

you may have to wait until your visa is approved....

Kezzie

[Isabel 0]

what if I can proof that I will return to Germany? I dont intend to stay there forever, just for a few weeks.

Isabel

[Kez/JWolf 6]

As soon as you say you are visiting your husband... red flags will go up.. I would not risk being denied entry just for a 2 week vacation.. but its up to you..

Kezzie

[Isabel 0]

Well that really sucks....however thanks a lot

Isabel

[meauxna 15]

Isabel, I suggest you do some more research on this. Many people visit on the VWP while they have a USC spouse without problem.

Kezzie is offering the worst-case scenario.

[stifanoam 0]

I entirely agree with meauxna. I don't want to discount what Kezzie as it is possible but this is our experience.

My husband visited many times on the VWP. When asked whom he was visiting, he always said his wife. I think on one visit, the immigration officer stated to him that his visa wasn't correct because he had a US wife. He subsequently asked what visa he should be using if he was working and living in the UK, wasn't living permanently in the US and just visiting his wife. The immigration officer apparently looked a bit trite and stamped his passport.

However, attorneys have indicated that they are surprised he was able to visit so many times on the VWP. I don't want to say that your experience will be the same as ours. It will depend on individual circumstances.

-Andrea

Edited February 2, 2006 by stifanoam

[MPGGPM 0]

I wanted to mention as well that my wife has visited me on a non-immigrant visa while we are pending her I-130, or K-3 etc.

We were both nervous as well upon hearing a few warnings and negative experiences from this forum, but her trip went well, and she had no problems entering.

I find the whole system unfair, and the very thought that a person can be sent away with no other eveidence other than the fact that they just happen to be married..(as if ALL married people are born liers and cheats..etc).....a VERY flimsy and I would think challengable reason to send someone away (aka..lawsuit)...

But.....back to the other points that were made here. It IS possible to visit a spouse while on a non-immigrant visa....or perhaps "visa waiver" program.

Don't give up hope.

[aussiewench 9]

In order to be granted admission on a nonimmigrant visa or under the visa waiver program, you must prove that you have a residence outside the U.S. to which you intend to return, at least temporarily. Your entry into and length of stay in the U.S. will be determined at your first U.S. port-of-entry. No one can be guaranteed, prior to their arrival at a U.S. port-of-entry, whether or not they would be granted permission to enter the U.S. This applies whether one is married to a USC, engaged, single whatever. Every traveller to the US is looked on as an intending immigrant. Just be prepared with evidence of strong ties. Even then there is no guarantee. Many are allowed entry, many are not. All the best to you.

Lorelle

[Isabel 0]

thanks very much for the many responses. Hm....it is good to know that there is still an option to visit on a Waiver program. I talked about the visit to my husband again....we are not sure what is better. Because we both think it will be worse to say goodbye again instead of staying there for good. What experiences did you make? It would be very good to visit him, cos then we could set up a flat and all that stuff (he is not able to do that now cos he needs me to be there...the army says). But I really would not know if it just make it harder for the both of us.

Thanks for replies in advance

Isabel

[meddykomp 0]

Actually that is what my husband did. He came here using VWP. We talked to an immigration specialist. She said he could stay until the end of his 90 days and that once he leaves he should not return until he had a visa.

[Isabel 0]

do I have to translate the documents that proove that I return to my homecountry? Like contract for my flat, work-contract etc?

Thanks Isabel

[aussiewench 9]

do I have to translate the documents that proove that I return to my homecountry? Like contract for my flat, work-contract etc?

Thanks Isabel

I would

[Isabel 0]

ok thanks very much. I will keep u guys informed

Isabel

[sassasdave 0]

I tried to visit my wife and despite having evidence of ties was denied entry as being married and having an Immigrant visa in process it was immigrant intent. I was advised to get a B-2 visitor visa which I was also denied on the grounds of immigrant intent because of the I-130 in process.

Good Luck whatever you decided.

I would suggest flying from an airport that has CBP in the departure airport ie Dublin/Shannon to save the double heartache of rejection and having a 10-12 hour flight back home.