smithtranters

Hi all,

We are supposed to be moving in October 2023 for my husband's new job. He is a USC. His company have been telling us that they will provide immigration lawyers for my visa, but have only just put us all in touch and obviously timing is now an issue.

Has anyone here had experience of filing a I-129F form alongside their I-130 form? We have been told that this route can enable me to legally reside in the US while waiting for immigrant status to complete, and thus should be quicker. However, I am still seeing on https://egov.uscis.gov/processing-times/home quite long processing times and I am worried about how long our family might be separated.

Just looking for any personal experiences from people that have gone down the same route in the past.

Thank you

Pulaski

There's no reason why you can't accompany your husband as a visitor and stay for up to 90 days. You'd just have to return to the UK to complete your visa. AFAIK, the K-3 is obsolete, and wouldn't be any quicker given the current delays in processing. I am sure if somone knows different they will be along to correct me.

smithtranters

From what I have read you can be sent back at US border control if you travel on an ESTA while you have a visa in progress. Apparently it's not allowed as you can't travel on a tourism visa if you have an intent to remain in the future. It all seems very ridiculous!

Pulaski

That is a commonly repeated myth but is absolutely untrue. If you already have a visa in process, it is clear to the immigration officer at your port of entry, that you know the right way to do things. In fact I entered the US myself while my spouse visa was being processed, and my visa application in progress wasn't even mentioned, much less an issue.

To be clear, intending to remain in the US in future, by applying for a visa (of any sort) that allows you to live in the US, has no bearing on a visit to the US using ESTA when you intend to leave at the end of your visit.

smithtranters

If that is the case then it solves a lot of my problems

lansbury

That is the case. Like Pulaski I came in on an ESTA while my visa was being processed. Inter action with CBP was no different to any other visit.

christmasoompa

Could your husband maybe push his start date back? Seems fair enough if it's his company that's been dragging their feet on sorting out your visa!

Noorah101

Confirming that the K-3 is obsolete and does not bring you to the USA any quicker than the Immigrant Visa.

Also confirming that you can visit the USA using the VWP while waiting for Immigrant Visa to process. Always stay within the parameters of the VWP rules.

Rene