Enrico

Hi All,

I now have the 6 month visa in my UK passport for the US. I travel there in a couple of weeks for a job interview, so a quick turnaround and will be taking my medical info plus the unopened documents from the Consulate. My wife (American) and kids are in Europe and I had planned on them staying here due to the quick trip but I have read that my wife should technically either be in the US already or should accompany me for the Green Card immigration process.

My US based lawyer is saying she can stay in Europe but the Consulate here has said that she should already be there or come with me. I cannot take the risk of this going wrong and was wondering if anyone here knows or has gone through something similar.

Thanks in advance for your help.

Cheers,
H

md95065

She has to be in the U.S. (or accompanying you) for you to be able to enter the U.S. with your immigrant visa (but she doesn't have to *stay* in the U.S. - she could leave again immediately).

Assuming that you are eligible to travel to the U.S. under the VWP you *should* be able to do that, making very clear at the POE that you are just visiting for a few days for a job interview.

Enrico

Thanks for the clarification, I think it would be best if she came with me and did a quick turnaround and by that I mean took the next flight back! I really don't want any issues when I get there.

I don't suppose you know if I need an ESTA as well?

md95065

Yes, having her travel with you and then return immediately to Europe would be the safest thing to do.

You only need ESTA if you are traveling under the VWP.

You do not need it if you intend to enter the U.S. using your immigrant visa.

Enrico

Thanks, appreciate the heads up. The saved ESTA fee will help pay for a decent burger!

Cheers.

ian-mstm

Not "technically"... actually! She must either accompany you or already be inside the US.


Your US based lawyer is an idiot and should be fired. If he wants clarification, tell him it's all about the I-864.

Ian

md95065

Well, we don't know exactly what the "US based lawyer" was asked or exactly what she/he said so it is possible that they were correct but were not answering the question that the OP thought that they had asked.

AFAIK the OP could, quite legitimately, *visit* the U.S. using the VWP after his visa had been issued without any need for his wife to be present.

Enrico

Thanks all for the feedback, I have booked my wife to join me to the POE. Sanctimonious Prick, your response made me chuckle and I am of the same opinion regarding the lawyer. This is not the first time they have given me incorrect advice and I am coming to the same conclusion that they don't know their arse from their elbow.

MD95065 - the lawyer advised that my wife could stay in Italy while I entered and went through the final stage.

Now to nail the job and get cracking.

Cheers,
H

Enrico

A quick thanks to you all for your advice, now back from the trip and all went very smoothly at the POE and was remarkably quick. Green Card now on its way to the intended address and fingers crossed I get a job offer by the end of this week and I can get cracking.

Cheers,
Henry

Enrico

To finish this thread I started, I was offered the job last night, signed and start in November. Now the fun starts to relocate from Italy to Dallas!

mikelincs

Congratulations..