Can my UK wife travel to the US while I-130 is processed?

[RussAndMel 2]

Our U.S. home is California. I'm retired Air Force currently residing with my UK wife on visitor status in the UK while we work on her visa. Submitted I-130 to Chicago lockbox on Oct 3, 2017.

 

We have a unique situation as she once was a green card holder from 1969 to 1981 but returned to the UK for a visit and ended up staying. We reconnected 11/2015 and married 05/2017. My visitor status here expires Jan 10, 2018. We plan to return to the U.S. at that time. Is she allowed into the U.S. while her I-130 is being processed? Do I have to apply for or submit anything else for that to be allowed and to where? 

 

Side note: (She actually already has a SSN and we have secured her permanent DoD dependent ID Card with full privileges and is signed up for medical and dental.)

[Boiler 43,433]

She should be able to visit. Presumably she has an approved ESTA.

[RussAndMel 2]

1 minute ago, Boiler said:

She should be able to visit. Presumably she has an approved ESTA.

She has a valid, current ESTA. 

[RussAndMel 2]

Would there be an advantage to pursuing a K-3?

[Boiler 43,433]

No

[Wuozopo 4,285]

5 minutes ago, RussAndMel said:

Would there be an advantage to pursuing a K-3?

 

No, those don't happen anymore (well it would be almost a fluke).  

[TBoneTX 43,058]

Thread is moved from K-3 Process forum to the Working & Traveling forum.

[RussAndMel 2]

Let me try my question again because I don't think I've been clear enough in what I'm trying to determine. When we go back to the US, does the fact that my wife has an I-130 in the pipeline allow her to enter the country and stay while the processing is taking place (outside the fact that she has a valid ESTA). Is there anything that can be done or applied for to allow that to happen?

[Boiler 43,433]

No and No

[RussAndMel 2]

So then are you saying that there is NO way for her to be in the US (other than 90 day ESTA) during the visa process? What might I have read in these forums that would have given me the idea that it was possibility?

[Boiler 43,433]

You tell us.

[Crazy Cat 39,226]

1 hour ago, RussAndMel said:

So then are you saying that there is NO way for her to be in the US (other than 90 day ESTA) during the visa process? What might I have read in these forums that would have given me the idea that it was possibility?

Your wife can visit during the process (if allowed to enter by CBP officer).  She can not remain beyond her authorized ESTA visit.  If she visits too long or too frequently, she could be denied entry.  No one knows the definition of "too long".

She is not allowed to remain for the entire process.  She will have to return to her country at the end of her visit and for her interview.......

Good luck from one USAF retiree to another!!!

Edited October 14, 2017 by missileman

[*Snowdrop* 603]

She can visit while the process continues. She cannot move over and simply wait it out. 

 

She can be denied entry at any time if it looks as though she is trying to live in the USA on her visitor's status - for example people have tried leaving to Canada for a few days and coming back hoping for another 90-day stay. 

 

If you are both retired and financially stable you could have her come over to the US and stay for just under the 90 days. Then you both go back to the UK and (as long as the UK authorities don't think you are also trying to live in the UK on a visitor visa) you spend another six months in the UK. 

 

Or you do some traveling in Europe in between trips etc. 

 

That way you don't have to be apart during the process. Just make sure you both have someone reliable to get your mail in both countries so that you don't miss any important correspondence from USCIS or the Embassy.

 

 

[geowrian 22,335]

5 hours ago, RussAndMel said:

So then are you saying that there is NO way for her to be in the US (other than 90 day ESTA) during the visa process? What might I have read in these forums that would have given me the idea that it was possibility?

Correct. We don't know what you read, but a visitor must exit before their I-94 expires.

[Pat Stubbs 10]

8 hours ago, RussAndMel said:

Let me try my question again because I don't think I've been clear enough in what I'm trying to determine. When we go back to the US, does the fact that my wife has an I-130 in the pipeline allow her to enter the country and stay while the processing is taking place (outside the fact that she has a valid ESTA). Is there anything that can be done or applied for to allow that to happen?

I have an I 130 in progress. I also have a current B1/B2 visa. I have asked 3 different immigration lawyers if I can visit on my B1/B2 whilst my I 130 is being processed? They all said no. They stated that if I declared that I was entering as a visitor it could be deemed as visa fraud because I have already expressed an intent to immigrate. It seems harsh doesn't it? 

Edited October 14, 2017 by Pat Stubbs