cancel immigrant visa process and try for tourist visa only?

[Riann&Adam 2]

Me and my husband are about halfway though the whole immigrant visa process. It is proving to be extremely difficult, and it is persuading us to keep living life in Europe, and only visit family and friends in the US occasionally. Is it worth cancelling what we have done so far, in order to apply for a tourist visa??? This whole process makes me want to never live at home in the US again. See our other topic for added info....

http://www.visajourney.com/forums/topic/589756-can-my-hubby-visit-the-us/#entry8065274

[EM_Vandaveer 2,417]

Canceling now does not necessarily mean a tourist visa will be granted. The Czech Republic is a VWP-country anyway, so it is not easy to get a tourist visa there. If you went through the process, got he GC in hand & then you moved back to Europe, handing in the GC at the consulate, I guess that would make getting a tourist visa more likely, but 1) still not guaranteed, how do you prove you need more than the 90 days allowed on VWP each time 2) at that point you have the GC why give it up.

I read your other thread. So he's not eligible for VWP due to prior tourist visa refusal & overstay.

My advice is go through the process, get him a GC for sure. Then try to live in the US, see how that works out for you. If you are still married in three years after you went to live in the US & spent at least half your time there with no longer than 6-month trips outside the US, he'll be able to apply for citizenship. Once he has that, you can come & go as you wish, live in the US or Europe.

Edited April 21, 2016 by EM_Vandaveer

[slycordinator 6]

I don't think anyone can answer as to whether its worth it to you to wait through the process

[Unlockable 7,316]

If you definitely have made the decision not to live in the US then cancelling immigration visa would be best as by not living in the US you are in jeopardy of losing your GC anyway.

But again, if living in Czech is a final decision then cancel the spouse vise and try for a visitor visa. In a few years if you decide you want to live in the US you can always apply for another spouse visa.

[Boiler 46,362]

Sounds a very long shot with that history. But no harm trying.

[EM_Vandaveer 2,417]

If you definitely have made the decision not to live in the US then cancelling immigration visa would be best as by not living in the US you are in jeopardy of losing your GC anyway.

But again, if living in Czech is a final decision then cancel the spouse vise and try for a visitor visa. In a few years if you decide you want to live in the US you can always apply for another spouse visa.

As it is, the husband is unlikely to get a tourist visa due to not being eligible for the VWP/prior tourist visa denial/prior overstay.