Possible for spouse to visit on visa waiver during wait?

[teagirl 0]

My boyfriend and I are trying to decide if we should pursue the K1 or K3 route.

Our main concern about the K1 is that he will not be able to leave the US while waiting for this adjustment of status -- this is bad in case there is a family emergency that requires him to return home to the UK.

This wouldn't be the case with the K3. If we pursue that, we would want to get married in a third country, and then have him return to visit me in the US on a visa waiver (for three months at a time) while we are waiting for the processing. Then, he would return for the UK for his interview at the embassy there. Is this possible or would he have to remain in the UK once I start filing forms?

Also, how can you prove residence together for the K-3 if technically your spouse doesn't have legal right yet to establish residence in the US? It seems like a contradiction....

Thanks!

[payxibka 10,044]

My boyfriend and I are trying to decide if we should pursue the K1 or K3 route.

Our main concern about the K1 is that he will not be able to leave the US while waiting for this adjustment of status -- this is bad in case there is a family emergency that requires him to return home to the UK.

This wouldn't be the case with the K3. If we pursue that, we would want to get married in a third country, and then have him return to visit me in the US on a visa waiver (for three months at a time) while we are waiting for the processing. Then, he would return for the UK for his interview at the embassy there. Is this possible or would he have to remain in the UK once I start filing forms?

Also, how can you prove residence together for the K-3 if technically your spouse doesn't have legal right yet to establish residence in the US? It seems like a contradiction....

Thanks!

A K-1 after marriage can apply for and receive advance parole while waiting for adjustment of status... that is typically granted withing 90 days of application...

Entry before and during the petition/visa process is the same no matter what you pursue... refusals can and do happen all the time.

Joint residency is not that much an issue. There are many ways to show comingled lives... that just happens to be one...

Edited August 29, 2008 by fwaguy