entering before K3 with hubby

[aniane 0]

Hello,

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.

Thanks

[canadian_wife 1,785]

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