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Captkanga

Beneficiary spouse traveling on VWP passport while awaiting I-130 application approval?

By Captkanga in IR-1 / CR-1 Spouse Visa Process & Procedures

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Captkanga Newbie

Captkanga   0

Posted
Filed: IR-1/CR-1 Visa Country: Argentina
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I’m a US citizen and my spouse (beneficiary) is from Argentina but is eligible for an Italian passport, which in theory would allow her to visit the US with only an ESTA (VWP country). My question is, would this present issues with the processing of the application? Would she need to prove intent to return to her country beyond having a return ticket even though it’s not a travel visa? 
 

The other concern is that she’d be traveling with our newborn baby who has my last name (different from hers), so she’ll need a letter of consent to travel with the baby which would presumably indicate that she’s traveling to the US to visit her US citizen spouse. The last thing we want is for them to be turned away at the airport in the US. 

Crazy Cat Grand Master

Crazy Cat   41,985

Posted
Filed: Citizen (apr) Country: Taiwan
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17 minutes ago, Captkanga said:

Would she need to prove intent to return to her country beyond having a return ticket even though it’s not a travel visa? 

It would be highly advised to be prepared to show strong ties to her country.  Having a spouse inside the US, likely, a difficult obstacle to overcome. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Crazy Cat Grand Master

Crazy Cat   41,985

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
19 minutes ago, Captkanga said:

The last thing we want is for them to be turned away at the airport in the US. 

It is definitely possible since all visitors are already assumed to have the intent to stay. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

powerpuff Veteran

powerpuff   6,744

Posted
Filed: Lift. Cond. (pnd) Country: Kazakhstan
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Posted
16 minutes ago, Captkanga said:

My question is, would this present issues with the processing of the application?

Many people visit the US during the process without issues. 

 

16 minutes ago, Captkanga said:

Would she need to prove intent to return to her country beyond having a return ticket even though it’s not a travel visa?

It’s still a non-immigrant travel program. Yes, she should absolutely carry proof of ties that would compel her to return should she be asked for it by CBP. 

 

18 minutes ago, Captkanga said:

The last thing we want is for them to be turned away at the airport in the US. 

In reality only US citizens and maybe Green card holders are guaranteed entry in to the US.

 

 

 
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