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Belle1986

Does IR1 visa have to be immigrant?

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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

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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.

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How long was the overstay?


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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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.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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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.

---------------------

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 by aaron2020

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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.


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

---------------------

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.

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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.

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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.


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