The Visa process and Visa Waiver Program... conflicts?

[David Cho 0]

Hello,

I married my wife (a Korean national) in Las Vegas this past July and began the IR-1/CR-1 process in October. She is now with me via the Visa Waiver Program. However, as a condition of that program, she can only stay 90 days.

Once she leaves and comes back, I am aware that there is a chance that she can be denied at the port of entry, but if she is granted entry then I would assume that she can stay with me for another 90 day period before having to leave again, and so forth, until we get her visa approved.

That said, I know that her travels in and out of the US may complicate, delay, and/or even interrupt the visa process. Can someone confirm this to be true, and give me advice on what I should do?

Thank you!!

[Penguin_ie 5,999]

Her travels in and out of the states will not complicate or delay the CR-1 spousal visa process.

However, if she just leaves for a short time (say, stays 89 days, leaves for a week, then comes back), she may only be given a short time or even refused entry. A refused entry will not count against her for the spousal visa either though.

[Hypnos 6,579]

You cannot live in the US on a tourist visa in the manner that you describe.

How long after she leaves were you planning on having her try to re-enter again?

In general terms, if CBP feel that you are living in the US on a tourist visa (i.e. spending more time in the US than outside) then there's a chance they will deny her entry. That in itself won't affect the CR-1 process, so if it happens it isn't anything to be overly concerned over.

Edited January 19, 2013 by Hypnos

[QWERTYASDF 0]

Hi there,

You and I share a very common case. I am a Korean american USC, and my wife is a Korean Citizen as well. We got married in Korea in July 2012. My wife entered US with me as a VWP. We then hired an immigration lawyer to help with the AOS process. We got all the documents we needed, including the marriage certificate we filed in the U.S.

Anyways, once our immigration lawyer had forms ready and sent it to us and we signed the documents and sent it back to our immigration lawyer and they filed our AOS for us, we recieved NOA in the mail, the VWP clock stopped and my wife was on authorized stay. I think it is the i130 along with the medicals, the g-325. She entered on 8/23/2012 and her 90 stay usually would end on 11/20/2012. But we had a biometric appointment on that day anyways.

Our interview date was 1/17/2013, everything went well and we got APPROVED. We are now waiting for the welcome letter and her GC.

Anyways this is from my experience. I wish i could be more helpful but this is as far as i can tell. Good Luck

[Penguin_ie 5,999]

You and I share a very common case. I am a Korean american USC, and my wife is a Korean Citizen as well. We got married in Korea in July 2012. My wife entered US with me as a VWP.

Do you realise that if your wife used the VWP with the intent to immigrate/ stay in the USA, that is visa fraud?

[speedwell 224]

Do you realise that if your wife used the VWP with the intent to immigrate/ stay in the USA, that is visa fraud?

That is exactly right. The burden of proof is on the visitor to prove that they are not trying to circumvent the immigration laws.

My husband is going back to his country (I refuse to call it "home") at the end of the month because he is here under the VWP. For safety's sake we intend for him to stay out of the country for at least the same amount of time that he was here (85 days) before he returns under the VWP. That is the safer way to work it. He could still be denied entry, but after a legal visit and timely return, he will have evidence to show that he intends to play by the rules. We don't like it and we would do anything to stay together, but "anything" does not include "put his spouse visa in danger" or "make him unable to use the VWP ever again".

[LilyR 7]

Do you realise that if your wife used the VWP with the intent to immigrate/ stay in the USA, that is visa fraud?

Yep, and can be charged with misrepresentation. Risky thing to play with.