jt365

Hi,

I have been trying to get an answer out of the embassy for weeks on this but no-one seems to get my question.
I am a UK Citizen in London married to my wife a USC who lives with me. I have applied for the married immigrant visa and it says on the CEAC website it has been printed and should be shipped soon. I have a work trip to Las Vegas in 2 weeks, that will last 4 days and I return home.

Will the visit to Las Vegas be considered as my POE?
Does the criteria apply that my wife must be in the coutnry or travelling with me, even if it is a temporary visit?
If she must go, can she go on an earlier flight and meet me at the airport if required?
My visa medical runs out in October, does that mean I have to have moved by then, or can I re-do the medical?

Any ideas would be greatly appreciated. Thanks

tom169

You could seek entry on VWP if you're eligible and have an approved ESTA, however you could be denied entry.

Your Visa expiration date will be 6 months from medical .You can't have another medical done to increase this time.

When entering using your CR/IR visa your wife needs to either be in the USA already or be with you at the POE.
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Rete

Which 'marriage' visa? An Immediate Relative Visa (IR-1) received only if your marriage is over the second wedding anniversary or the Conditional Residence Visa (CR-1) if the marriage is less than 2 years?

You can attempt to enter the US under the ESTA/VWP but since you were denied entry prior to this because you attended the visa interview without a completed I-864, and your visa was considered denied, have you gone a new approved ESTA so that you can use the VWP?


Only if you must use the visa to enter the US and then as Tom169 said, your wife has to be already in the US or enter the same time as you.

Yes it does apply if you are using the visa to enter the US.

Yes, or she can make it easier and travel with you.

It means you must enter the US on that visa before or at the very least the day before the medical expires. No, you cannot re-do the medical. You can re-do the entire visa if you want.

You do have the option of using the visa to enter the US with your wife and then turning around and leaving the US to conclude your affairs in the UK. It is recommended that you not be outside of the US for more than 6 months or your residency status might be considered abandoned.

jt365

Thanks Rete and Tom. Really useful.

I'm on the conditional relative visa.

Sounds like I could apply for an ESTA, if that is approved then I could travel on my own. If not, I'd have to travel on my CR visa with my wife.

Either way I'd have to enter on the visa before October.

mikelincs

'

I would be concerned about the highlighted part of your post, the ESTA does NOT allow you to work in the US, even for a day, however it does allow certain thing, like attending meetings, so clarification of the 'work' is needed to allow people to give you correct information/

Rete

When he said Las Vegas my first thought is that he is attending a business conference, especially as it is only 4 days. And if he needs to enter with the CR-1 Visa, then he can work all he wants as he has the legal right to do so.

jt365

Thanks for all the responses. I think we have decided to just go for it as the Port of Entry. Got to get it done at some point... Yes, I'm aware of the normal work restrictions, it is a conference so unlikely to do anything remotely like work

tom169

I've also been to a work conference in Vegas... So I have no idea what you mean.