Does IR1 visa have to be immigrant?

[Belle1986 0]

My husband (US citizen) and I currently live in the UK. We wish to go back to the US to visit family and holiday. We tried last year applying for B-2 Holiday visa but it was denied due to previous overstay on VWP.

I am attempting to explore other visa options, if we applied for a IR1 visa after we have been married for 2 years (july) would I then be able to reside in the UK but enter the US as much as we want? My husband has a spouse visa for the UK which gives him multi entry clearance (can come and go as he pleases). I would ideally like a similar visa for the US.

Does anyone know if once i enter the US on IR1 visa I have to permanently reside?

Also, would they grant an IR1 visa if we told them we didnt intend to permanently reside in the US?

I find it frustrating that the tourist visa was denied because if i wanted to immigrate to US i would just apply for the spouse visa in the first place.....

Any advice greatly appreciated

[Harsh_77 716]

My husband (US citizen) and I currently live in the UK. We wish to go back to the US to visit family and holiday. We tried last year applying for B-2 Holiday visa but it was denied due to previous overstay on VWP.

I am attempting to explore other visa options, if we applied for a IR1 visa after we have been married for 2 years (july) would I then be able to reside in the UK but enter the US as much as we want? My husband has a spouse visa for the UK which gives him multi entry clearance (can come and go as he pleases). I would ideally like a similar visa for the US.

Does anyone know if once i enter the US on IR1 visa I have to permanently reside?

Also, would they grant an IR1 visa if we told them we didnt intend to permanently reside in the US?

I find it frustrating that the tourist visa was denied because if i wanted to immigrate to US i would just apply for the spouse visa in the first place.....

Any advice greatly appreciated

He had the multi entry, unfortunately he screwed it up by overstaying.

If you dont plan on living in US then the best option is try again for B1/2 let CO know your intentions support it with enough evidence and he would get B1/2.

Just coz he overstayed his VWP in past does not mean he would be denied B1/2 everytime.

[john_and_marlene 162]

How long was the overstay?

[Harpa Timsah 13,258]

Also, would they grant an IR1 visa if we told them we didnt intend to permanently reside in the US?

A spousal visa is to live in the US. If you don't live in the US, your husband's permanent resident status will be revoked.

[aaron2020 11,651]

My husband (US citizen) and I currently live in the UK. We wish to go back to the US to visit family and holiday. We tried last year applying for B-2 Holiday visa but it was denied due to previous overstay on VWP.

I am attempting to explore other visa options, if we applied for a IR1 visa after we have been married for 2 years (july) would I then be able to reside in the UK but enter the US as much as we want? My husband has a spouse visa for the UK which gives him multi entry clearance (can come and go as he pleases). I would ideally like a similar visa for the US.

Does anyone know if once i enter the US on IR1 visa I have to permanently reside? Yes. You are required to establish your legal permanent resident in the US.

Also, would they grant an IR1 visa if we told them we didnt intend to permanently reside in the US? No. Your US citizen husband would need to establish a US domicile (US legal permanent resident) in order for you to qualify for an IR-1 visa.

I find it frustrating that the tourist visa was denied because if i wanted to immigrate to US i would just apply for the spouse visa in the first place.....

Any advice greatly appreciated

Hey guys - her husband is the US citizen. She's the foreign spouse.

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A IR-1 is an immigrant visa. The green card is for US legal permanent residency. You would be required to permanently reside in the US. Your US citizen husband would be required to have a US domicile (US legal residence) to petition for you. As you can see, this is not the route for you since you and your husband do not intend to make the US your permanent home at this time.

Unfortunately, the B-2 visitor visa is your only route to visit the US.

Edited January 26, 2012 by aaron2020

[momof1 205]

How long did you overstay your visa and how long has it been since said overstay? If you are inadmissible due to the overstay, you can apply for a tourist visa and then they should be able to recommend a non-immigrant waiver under 212 d3. However, you have to prove that you do not have immigrant intent and strong ties to the UK. With a previous overstay and marriage to a USC this will be hard. Even with the I-130 you still would have the ban for overstay unless you file to waive that ban with the 601 waiver of inadmissibility. The I-130 is for those with immigrant intent who intend to reside in the US. It is neither a tourist visa nor a means to overcome the previous overstay.

[Harsh_77 716]

Hey guys - her husband is the US citizen. She's the foreign spouse.

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A IR-1 is an immigrant visa. The green card is for US legal permanent residency. You would be required to permanently reside in the US. Your US citizen husband would be required to have a US domicile (US legal residence) to petition for you. As you can see, this is not the route for you since you and your husband do not intend to make the US your permanent home at this time.

Unfortunately, the B-2 visitor visa is your only route to visit the US.

Yep... I realized after I posted but I assumed OP would understand what we are trying to stay, it is still applicable and remains same.

[Belle1986 0]

How long did you overstay your visa and how long has it been since said overstay? If you are inadmissible due to the overstay, you can apply for a tourist visa and then they should be able to recommend a non-immigrant waiver under 212 d3. However, you have to prove that you do not have immigrant intent and strong ties to the UK. With a previous overstay and marriage to a USC this will be hard. Even with the I-130 you still would have the ban for overstay unless you file to waive that ban with the 601 waiver of inadmissibility. The I-130 is for those with immigrant intent who intend to reside in the US. It is neither a tourist visa nor a means to overcome the previous overstay.

I overstayed by approx 150 days. It wasnt enough for the 180 day overstay ban to kick in and i havent been told im inadmissable so a waiver of inadmissability is not applicable.

I guess i'll just have to keep applying for B2 Visa's and most likely get denied because i own no property in the UK.

[momof1 205]

I overstayed by approx 150 days. It wasnt enough for the 180 day overstay ban to kick in and i havent been told im inadmissable so a waiver of inadmissability is not applicable.

I guess i'll just have to keep applying for B2 Visa's and most likely get denied because i own no property in the UK.

Thanks for answering. At least it's good to hear that you don't have any ban, but it almost kills your chances of getting a tourist visa.