Moving back to the US

[Addohm 0]

Is there a visa my wife can apply for while we wait for our IR-1/CR-1 status approval?

I (the citizen) am moving back to the states in January, but we're only on the early stages of approval (Submitted Affidavit of Support). I would like for her and my daughter to be able to come back and stay with me while we wait for everything to be finalized.

What, if any, are our options?

Thanks,

Adam

[Ryan H 3,812]

She can apply for a tourist visa but the chances of her being granted one are next to nil.

[Addohm 0]

May I ask why? She is a Portuguese passport holder. As far as I understand, she is good to stay for 3 months. What if we want to go beyond that?

[Transborderwife 4,666]

May I ask why? She is a Portuguese passport holder. As far as I understand, she is good to stay for 3 months. What if we want to go beyond that?

She has obvious immigrant intent. She'd have to prove having a reason to return to her homeland. An existing immigrant petition wouldn't help that.

[Addohm 0]

So if she comes to the U.S. and stays for three months then leaves, how long does she need to be away before we can start another three months?

[Ryan H 3,812]

So if she comes to the U.S. and stays for three months then leaves, how long does she need to be away before we can start another three months?

While there is no set time, people using the VWP need to be spending more time outside of the US than inside; otherwise, CBP will get suspicious after frequent visits with short turnaround times (i.e. too much time in the US ultimately leads to denial of entry). Furthermore, going to Canada or Mexico does not reset the clock from a previous entry.

[Penguin_ie 5,994]

If you submitted the affadavit of support, you are at NVC stage. With you moving in January, if she comes for 90 days then, that should be bringing her close to medical and interview stage.