British Expats

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-   -   Visiting spouse in USA from UK (https://britishexpats.com/forum/marriage-based-visas-35/visiting-spouse-usa-uk-890253/)

shrinkydinkydoo Jan 17th 2017 5:22 am

Visiting spouse in USA from UK
 
I know that once we file the spousal visa paperwork my man cannot come back to the States to visit until the green card is approved. That says then that once the paperwork is filed, that's the case. But, if we're married and don't file the paperwork straight away, can he still come and visit?

christmasoompa Jan 17th 2017 6:04 am

Re: Visiting spouse in USA from UK
 

Originally Posted by shrinkydinkydoo (Post 12154173)
I know that once we file the spousal visa paperwork my man cannot come back to the States to visit until the green card is approved.

You know wrong! See the above sticky thread, it's fine for him to visit whilst processing is going on.

HTH.

Noorah101 Jan 17th 2017 6:09 am

Re: Visiting spouse in USA from UK
 
Can you tell us where you're getting this information? It's incorrect. He certainly CAN visit the USA while the visa process is going on. There are no restrictions.

Rene

shrinkydinkydoo Jan 17th 2017 6:38 am

Re: Visiting spouse in USA from UK
 
I honestly cannot remember where or who told me that, but, I was told that during the processing of a CR-1 visa, he cannot visit me here in the US until that green card is approved.

ian-mstm Jan 17th 2017 7:16 am

Re: Visiting spouse in USA from UK
 

Originally Posted by shrinkydinkydoo (Post 12154237)
I was told that during the processing of a CR-1 visa, he cannot visit me here in the US until that green card is approved.

Whoever told you that is an idiot. People visit all the time during the visa process... it has never been an issue.

And, to clarify, he's waiting for approval of an immigrant visa... not a green card. He won't get a green card until the day he enters the US with his visa.

Ian

shrinkydinkydoo Jan 17th 2017 7:18 am

Re: Visiting spouse in USA from UK
 
I'm so confused. I was trying to research this. So, we get married, file the I-130, then during that process he can visit right? I've seen something that speaks of a K3 visa that, once the I-130 is approved, he can come and stay here while waiting for the approval? Am I understanding this right?

ian-mstm Jan 17th 2017 7:21 am

Re: Visiting spouse in USA from UK
 

Originally Posted by shrinkydinkydoo (Post 12154283)
So, we get married, file the I-130, then during that process he can visit right?

Right.



I've seen something that speaks of a K3 visa that, once the I-130 is approved, he can come and stay here while waiting for the approval? Am I understanding this right?
If you were doing this about 20 years ago when CR-1 visas took up to 3 years to process, you'd be understanding correctly. However for the past 15-20 years the K-3 has become obsolete because CR-1 visas now take well under a year to process. You can safely ignore anything to do with the K-3 visa.

Ian

Pulaski Jan 17th 2017 7:23 am

Re: Visiting spouse in USA from UK
 

Originally Posted by shrinkydinkydoo (Post 12154283)
I'm so confused. I was trying to research this. So, we get married, file the I-130, then during that process he can visit right? ....

Yes, as advised above.

..... I've seen something that speaks of a K3 visa that, once the I-130 is approved, he can come and stay here while waiting for the approval? Am I understanding this right?
The K-3 is obsolete. Ignore ALL information or advice you see that cites a K-3 visa.

Under the current process the CR-1 has to be finalized outside the US, but the applicant can visit in the interim. There is no K-3 for "coming and waiting".

shrinkydinkydoo Jan 17th 2017 7:32 am

Re: Visiting spouse in USA from UK
 
Ok, thank you for the information on the K3. This process and paperwork looks straight forward, but then you get into it and all of a sudden there's a bunch of nuances that leave me feeling overwhelmed, confused, and defeated. Add in the thought that he can't visit here once we're filed....not to mention that the process takes 8-12 months...sometimes I think "get an attorney" and then othe times I think it would just cost us more money and who knows if the attorney we get is competent.

Pulaski Jan 17th 2017 7:35 am

Re: Visiting spouse in USA from UK
 

Originally Posted by shrinkydinkydoo (Post 12154297)
Ok, thank you for the information on the K3. This process and paperwork looks straight forward, but then you get into it and all of a sudden there's a bunch of nuances that leave me feeling overwhelmed, confused, and defeated. Add in the thought that he can't visit here once we're filed....not to mention that the process takes 8-12 months...sometimes I think "get an attorney" and then othe times I think it would just cost us more money and who knows if the attorney we get is competent.

Keep asking us questions - unless there are major complications, such as your husband having a criminal record, there really is no need for your to hire an attorney. :)

shrinkydinkydoo Jan 17th 2017 7:36 am

Re: Visiting spouse in USA from UK
 
No criminal record :)

ian-mstm Jan 17th 2017 7:42 am

Re: Visiting spouse in USA from UK
 

Originally Posted by shrinkydinkydoo (Post 12154297)
This process and paperwork looks straight forward...

It is!



... but then you get into it and all of a sudden there's a bunch of nuances that leave me feeling overwhelmed, confused, and defeated.
This happens because you're trying to understand everything all at once when, in fact, you only need to understand one step at a time. It's good to have an overview of the entire process... but you don't complete the entire process all at once. You do it one step at a time.

Ian

Pulaski Jan 17th 2017 7:42 am

Re: Visiting spouse in USA from UK
 

Originally Posted by shrinkydinkydoo (Post 12154304)
No criminal record. ....

Good! :)

I see you were researching a K-1 fiancé visa last November. Should we be sending congratulations for getting married when your fiancé visited in December? :unsure:

shrinkydinkydoo Jan 17th 2017 7:50 am

Re: Visiting spouse in USA from UK
 
LOL No. No congrats just yet. We're looking at March. Hopefully in March we'll be wed and can start the process then.

Twinkle0927 Jan 17th 2017 5:27 pm

Re: Visiting spouse in USA from UK
 
I am living proof that you can visit during the process.

Sent the I-130 bundle off in February, visited in April and June, visa obtained in December. I would have visited at least once more during that time but something came up which caused me to cancel a trip (nothing to do with the visa process).


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