Waiting for interview - Spouse going with me to US for up to 3 months?

[imbrad91 1]

Hi all,

 

I (US Citizen petitioner) and my spouse whom I'm sponsoring currently live together in the Netherlands where I work now. Her case is currently at the NVC phase (i-130 done and approved) waiting for us to submit the I-864, IV application, and civil documents for 'Case Complete'. I might be getting a job offer back in the US soon which might require me to move at a short notice depending on if they let me start off fully remote or not. If I get the job offer on paper, I intend to at that point submit all of the documents for my wife's Case Complete and to wait for her interview date (either at the US embassy in Seoul in her home country, or Amsterdam where we currently reside) - which I understand might take somewhere between 1-3 months. 

 

Is it okay during this 'waiting period' for her to come with me to the US on ESTA (with a round trip ticket) and for me to explain to the border guard that I'm just simply having her in the US to support me emotionally and looking for things like our apartment together and being together whilst I start up my new job? Then, before her 3 months under the VWP is up, she will fly out to do her interview (or earlier if the interview date comes first). Would this pose any problems on her IV application and the interview?

 

Does any one have any experience doing this? I am terribly attached to my spouse and really wouldn't like to be away from her while i get myself set up alone in the US; i lack pretty much any other type of emotional support so if possible I'd like her to spend most of that waiting period with me physically under the VWP if possible.

 

 

Edited August 18, 2021 by imbrad91

[Crazy Cat 41,288]

Visiting during the spousal visa process is allowed....providing she can convince the CBP that she will return to her country at the end of the visit.  She should be prepared to show strong ties.   A round trip ticket will not suffice since that is a requirement for any ESTA travel.  Where did you get the "1-3 months" timeline?  That was pre-Covid.  I would not plan on an interview during her visit to the US.  It could take much longer than 3 months.

 

Separation is a normal part of the immigration process.  Many of us spent a year or more separated.  Good luck on the rest of your journey.  

Edited August 18, 2021 by Crazy Cat

[imbrad91 1]

12 minutes ago, Crazy Cat said:

Visiting during the spousal visa process is allowed....providing she can convince the CBP that she will return to her country at the end of the visit.  She should be prepared to show strong ties.   A round trip ticket will not suffice since that is a requirement for ESTA travel.  Where did you get the "1-3 months" timeline?  That was pre-Covid.  

 

Thanks for the response - and I guess I'll be good on the strong ties area since she'll still have her job back in the country we reside currently, and still own our home here. 

 

1-3 months timeline; I guess was just what I decided to write based on this current Case Complete (DQ) to Interview thread from this forum for the current period 

Spreadsheet of people's experiences at the top of that thread seems to record an average time of 69 days from Case Complete to interview - with a few outliers, even seeing some with one month if they are lucky I guess. I know that COVID last year at least really slowed things down a lot, but from looking at a lot of people's recent experiences it seems to be speeding up again?

 

Of course, we are prepared for separation if waiting for her interview date does take longer than the 3 months she's given under VWP. We just want to minimize that separation as much as possible while complying with immigration law.

Edited August 18, 2021 by imbrad91

[Crazy Cat 41,288]

2 minutes ago, imbrad91 said:

 

Thanks for the response - and I guess I'll be good on the strong ties area since she'll still have her job back in the country we reside currently, and still own our home here. 

 

1-3 months timeline; I guess was just what I decided to write based on this current Case Complete (DQ) to Interview thread from this forum for the current period 

Spreadsheet of people's experiences at the top of that thread seems to record an average time of 69 days from Case Complete to interview - with a few outliers, even seeing some with one month if they are lucky I guess. I know that COVID last year at least really slowed things down a lot, but from looking at a lot of people's recent experiences it seems to be speeding up again?

Those are really good ties.  I would take documentation in case she is questioned.  I hope you get a fast interview.....it all depends on how long the queue at NVC is for your country.  Good Luck.  

[imbrad91 1]

2 minutes ago, Crazy Cat said:

Those are really good ties.  I would take documentation in case she is questioned.  I hope you get a fast interview.....it all depends on how long the queue at NVC is for your country.  Good Luck.  

Thank you very much.