Newbie question: On the necessity (?) of a spousal visa

[MayaS 0]

I'm a new member here and grateful in advance for any help.

The background: I am American and my husband is British. We both have lived in Egypt the last several years (He also holds Egyptian nationality).

In March 2012, we were married in the United States and immediately returned to Egypt where we work. I recently accepted a temporary one year job post back in the U.S. and obviously want my husband to visit as often as he is able. My question is whether he can do so just in his capacity as a British tourist (up to 3 months I think without visa) or whether we need to apply for a spousal visa. A spousal visa seems to be the best option in terms of giving us flexibility if my job is extended for another year. If we went the spousal visa application route, would he be able to visit, again as a British tourist, while the process is in motion?

Finally, is it worth exploring using the services of an immigration lawyer to facilitate/expedite this process? How much would such a service cost?

HUGE thanks and gratitude for your help!

~Maya

[N&S 32]

Anyone else correct me if I'm wrong but I think the spousal visa - just like the Fiance visa which I used - is only when you intend for the non-USC to permanently move to the US rather than for visits. You would want to apply for it if your ultimate goal is to settle in the US and for your husband to get a greencard (and potentially ultimately citizenship if he so desires). As long as his main country of residency will not be the US it would be better to visit using a visitor's visa or if he is eligible for visit under the VWP then to use that. HOWEVER, note that the border patrol get to make on-the-spot decisions on whether someone is allowed to enter the country or not so he would want to bring ample of proof that he is only visiting and not planning on immigrating when he comes to visit you.

I would recommend reading the visa comparison on this site's guide page for further clarification.

Best!

[pushbrk 14,106]

Anyone else correct me if I'm wrong but I think the spousal visa - just like the Fiance visa which I used - is only when you intend for the non-USC to permanently move to the US rather than for visits. You would want to apply for it if your ultimate goal is to settle in the US and for your husband to get a greencard (and potentially ultimately citizenship if he so desires). As long as his main country of residency will not be the US it would be better to visit using a visitor's visa or if he is eligible for visit under the VWP then to use that. HOWEVER, note that the border patrol get to make on-the-spot decisions on whether someone is allowed to enter the country or not so he would want to bring ample of proof that he is only visiting and not planning on immigrating when he comes to visit you.

I would recommend reading the visa comparison on this site's guide page for further clarification.

Best!

[MayaS 0]

Thank you for this; We were thinking of going this route until we know what my job plans are with I guess ensuring that he'd arrive at immigration with info showing that he plans on returning. But, as you say, the chance of running into a border patrol agent who's had a bad day is a bit disconcerting...

Should we go the route of applying for the visa I'd be interested to know if once the application's been filed/is in process, he could travel to visit me.

Anyone else correct me if I'm wrong but I think the spousal visa - just like the Fiance visa which I used - is only when you intend for the non-USC to permanently move to the US rather than for visits. You would want to apply for it if your ultimate goal is to settle in the US and for your husband to get a greencard (and potentially ultimately citizenship if he so desires). As long as his main country of residency will not be the US it would be better to visit using a visitor's visa or if he is eligible for visit under the VWP then to use that. HOWEVER, note that the border patrol get to make on-the-spot decisions on whether someone is allowed to enter the country or not so he would want to bring ample of proof that he is only visiting and not planning on immigrating when he comes to visit you.

I would recommend reading the visa comparison on this site's guide page for further clarification.

Best!

[pushbrk 14,106]

Thank you for this; We were thinking of going this route until we know what my job plans are with I guess ensuring that he'd arrive at immigration with info showing that he plans on returning. But, as you say, the chance of running into a border patrol agent who's had a bad day is a bit disconcerting...

Should we go the route of applying for the visa I'd be interested to know if once the application's been filed/is in process, he could travel to visit me.

You would have pretty much the same concerns. There's even more evidence of immigrant intent but also significant evidence you are following the legal path.