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entering before K3 with hubby

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Filed: IR-1/CR-1 Visa Country: France


I have found conflicting answers to the question of whether my French husband can enter the US with us (his American family) and then return to France to wait for his K# visa. I just mailed in the I-130 forms yesterday. As soon as I receive the notification, I will mail in the I-129 and the I-485 forms. Trouble is that we want to move to the US this summer to be there for back-to-school for our children. If my husband comes with us in July, could he stay 2 months, until we have received the notifications in France, then return to France and wait out his visa? This is not my favorite choice, but it seems better than starting the school year part-way through. Our kids are young, 5 and 7, and we're trying to keep things stable.

I appreciate your advice.


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Filed: Citizen (apr) Country: Canada

Couple of questions, you posted this is the waiver forum, is there a reason to suspect you'll need a waiver?

Second, you posted about sending the I485 forms with the I129F, don't do either of these things. You fild the I130 and that's all you need for the spousal Cr-1 visa. The i485 is not for you and the I129F will not result in any sort of visa and will slow down your case.

third, are your kids US citizens?

Yes, your husband my travel on the VWP to the US, entrance and duration of stay is up to the CBP at the time of crossing. He'll want to bring strong ties to France with him to combat the immigrant intent

Good luck

August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2

February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete

May 4, 2009

May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011


April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony


September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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