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BrianHummel

Returning to US while waiting for CR-1

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I'm currently visiting my wife on an ESTA. After 3 months (which is due soon) I'll return home.

We're currently awaiting a response on our I-130, which should result in a CR-1 in a couple of months.

 

What is the best way to quickly return to the US and be with my wife?

I'm afraid there's not enough time in between visits to confidently return on an ESTA, but I'm not sure if there's other options.

 

Thanks so much!

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She visits you.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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43 minutes ago, BrianHummel said:

I'm currently visiting my wife on an ESTA. After 3 months (which is due soon) I'll return home.

We're currently awaiting a response on our I-130, which should result in a CR-1 in a couple of months.

 

What is the best way to quickly return to the US and be with my wife?

I'm afraid there's not enough time in between visits to confidently return on an ESTA, but I'm not sure if there's other options.

 

Thanks so much!

That is pretty much it is her come visit you while y'all are waiting right now. 

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Her visiting is your only other option but it is likely to be 4 or 5 months after the I-130 approval before you have your visa interview.  You could visit each other in a third country as well.

 


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I\m currently in the same situation.

 

I've been in the U.S. for almost 90 days when I return to Sweden at the end of the month (the I-130 is in process since the beginning of the year).

 

I booked a return to the U.S. 2 weeks afterwards, although I have some doubts that they'll let me back in...I can update you if there are any issues, albeit results may differ. 

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3 hours ago, kirreb said:

I\m currently in the same situation.

 

I've been in the U.S. for almost 90 days when I return to Sweden at the end of the month (the I-130 is in process since the beginning of the year).

 

I booked a return to the U.S. 2 weeks afterwards, although I have some doubts that they'll let me back in...I can update you if there are any issues, albeit results may differ. 

You might get away with that ONCE.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Please let us know how you get on.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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12 hours ago, Boiler said:

Please let us know how you get on.

I'll take the same route as Kirreb. Hoping a second ESTA visit will be okay.

 

I'll update in a month when we know more. Thanks everyone for taking the time to help us.

Edited by BrianHummel

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Canada is nice at this time of year


CR1 / DCF (London): 2012 / 2013 (4.5 months from I-130 petition to visa in hand)

 

I-751 #1 [Denied]

 

Early May 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
May 2015: Notice of receipt/1yr extension received, dated day of receipt. This was forwarded to me outside the US, and no issues re-entering multiple times.
June 2015: Biometrics completed - walk in / argument, stressing proof of imminent travel and multiple prior inconvenient appointments & reschedules.
May 2016: Vermont Service Centre updated to processing May 2015 cases, therefore my case is now classed as outside normal processing time
May 2016: Service request sent (whatever that is) after calling to find out why I am still waiting after 12 months. Unable to tell me anything.
May 2016: Letter received in response, stating processing is on hold due to 'pending security checks' with no other information. Not helpful.
May 2016: (7am) - Infopass appointment for I-551 Stamp in passport.  (8am) - Returned to USCIS office for another I-551 stamp after realizing the dumbass put the expiry stamp as 2015 not 2017. Two entire passport pages wasted. Cheers. 

Oct 2016: Infopass appointment (not at local office). USCIS have sent my file to an overseas office, in a country that neither myself or my spouse have ever resided in. It has sat there untouched for five months. Why? Who knows. Internal query requesting urgent clarification is sent by USCIS officer.  
Oct 2016: An identical 'pending security check'  letter received, addressing precisely none of my or the immigration officers legitimate queries. 
Nov 2016: Infopass appointment: My file is now back in the US and at my local office...no other updates or progress. 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'       Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance - enough is enough. 
May 2017: Yet another infopass. No updates, interview of further progress. Still no response from Congressperson, Senator, or Ombudsman received. 
June 2017: 68 days after contacting them, the Ombudsman finally contacted USCIS. 'It may take up to 60 days to receive a response'.   
July 2017:  A follow up enquiry sent by Ombudsman to USCIS after receiving no response or action after 45 days. I am Jack's complete lack of surprise. 
August 2017: 60 days has come and gone with no response from USCIS. Contacted the Ombudsman who will contact them AGAIN. 
August 2017: Email from Ombudsman - USCIS have scheduled an interview at the very end of August .  
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
September 2017: Now 4 weeks since interview, my file has not moved from the officers desk, and no decision is showing when I call and speak to a Tier 2.  
September 2017: Request filed for Senator assistance (a different senator - maybe I will get a reply & assistance from this one?). 
October 2017: 37 days since interview....and no decision.  W, and indeed, TF is going on???? 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS

I-751 #2 [Pending] 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  

October 2017: I-797C Receipt/extension letter received, dated day of receipt at VSC 

October 2017: Another I-551 stamp obtained at infopass appointment, as the extension letter is useless with a 2yr card that expired 2.5yrs ago! 

November 2017: Biometrics completed (early walk-in) 

2018: Re-entered US multiple times with second I-751 extension letter & stamp. Quick trip to secondary required to verify, and stamped in as normal

  

N-400 [Pending] 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February 2018: Biometrics completed (walk-in)

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On 9/21/2017 at 6:29 PM, kirreb said:

I\m currently in the same situation.

 

I've been in the U.S. for almost 90 days when I return to Sweden at the end of the month (the I-130 is in process since the beginning of the year).

 

I booked a return to the U.S. 2 weeks afterwards, although I have some doubts that they'll let me back in...I can update you if there are any issues, albeit results may differ. 

That’s a VERY short stop back in Sweden. If you get denied entry, you’re gonna need a visitors visa, which rarely happens with a spouse in the US. I wouldn’t risk my ESTA like that if I were you.


Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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4 hours ago, mallafri76 said:

That’s a VERY short stop back in Sweden. If you get denied entry, you’re gonna need a visitors visa, which rarely happens with a spouse in the US. I wouldn’t risk my ESTA like that if I were you.

I’ll take my chances. It’s my wife and 2 kids that live in the US, if it doesn’t work I’ll stay in Sweden until the process is done (filed in Jan), hopefully early 2018...

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8 hours ago, kirreb said:

I’ll take my chances. It’s my wife and 2 kids that live in the US, if it doesn’t work I’ll stay in Sweden until the process is done (filed in Jan), hopefully early 2018...

You’re not just jeopardizing your own ESTA. It’s people like you, who use the VWP to live in the US, that make it difficult for other people who just wants to come and visit. They’re not believed because people before them have abused the system. 


Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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31 minutes ago, mallafri76 said:

You’re not just jeopardizing your own ESTA. It’s people like you, who use the VWP to live in the US, that make it difficult for other people who just wants to come and visit. They’re not believed because people before them have abused the system. 

Apologies for not agreeing with you at all.

 

Can you please point me to a specific example on how me traveling to the US for up to 180 days, during one ESTA period of two years, in any way makes it difficult for someone else to visit the US with their ESTA?

 

The border officer has all the information to make a final judgment call.

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55 minutes ago, kirreb said:

Apologies for not agreeing with you at all.

 

Can you please point me to a specific example on how me traveling to the US for up to 180 days, during one ESTA period of two years, in any way makes it difficult for someone else to visit the US with their ESTA?

 

The border officer has all the information to make a final judgment call.

The decision to include or remove a country from the visa waiver program is based on the trustworthiness of the citizens of that country not to abuse the privilege. Abuse of the privilege takes many forms - overstay, illegal work or study, using the VWP to live in the USA in 90-day installments broken up by short jaunts to the native country, among others. Argentina and Uruguay have been removed. The program was designed to encourage tourism in the USA, not to help people spend 180 days a year living in the USA without a visa. If we all adopted your attitude of "so what if I spend 180 days a year there" you'll soon find that the program will be changed or even cancelled altogether, forcing everyone to apply for full B-2 visas. 

 

I assume you are filing tax returns in the USA since you are spending 180 days a year here? Don't be surprised if you are taken into secondary and have your phone and bags searched for evidence of illegal work. Any entry is a privilege, not a right. But with many privileges, there are always people determined to abuse them. 

Edited by JFH

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Reunited at last!

event.png

US permanent resident since December 19, 2016

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