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Lexa2

Can I visit my husband in the US?

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I am french and I live in the UK. I married my Mexican boyfriend in Florida in October and I am planning to go visit him for Christmas. He was on a R1 visa but it has expired, so he applied for it to get renewed and also have an I-360 petition pending at the moment. 

I would like to go see him on my ESTA for 10 days and return to UK as I still have a job and my son also goes to school there. I am planning to move to the US next year. 

Will I be denied access if I go visit my husband? Thanks in advance for your help! 

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3 minutes ago, Lexa2 said:

I am french and I live in the UK. I married my Mexican boyfriend in Florida in October and I am planning to go visit him for Christmas. He was on a R1 visa but it has expired, so he applied for it to get renewed and also have an I-360 petition pending at the moment. 

I would like to go see him on my ESTA for 10 days and return to UK as I still have a job and my son also goes to school there. I am planning to move to the US next year. 

Will I be denied access if I go visit my husband? Thanks in advance for your help! 

Access is never guaranteed to anyone that isn't a US citizen.

 

I am curious though how you will move to USA next year, if your husband is not a US citizen it will take longer than a year, and if he isn't a LRP it will be even harder for you to immigrate into USA.

 

also to mention if he is a LRP it will take at least 2 years to petition for a visa for you

Edited by Khallaf

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CBP can deny anyone other than US citizens.

 

that said, with ESTA, you are unlikely to have problems. Just make sure you take proof of ties (letter from your job giving dates of leave, your sons school schedule, apartment/home lease, etc) to your Country to prove you are indeed, going back.


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1 minute ago, Khallaf said:

Access is never guaranteed to anyone that isn't a US citizen.

 

I am curious though how you will move to USA next year, if your husband is not a US citizen it will take longer than a year, and if he isn't a LRP it will be even harder for you to immigrate into USA.

 

also to mention if he is a LRP it will take at least 2 years to petition for a visa for you

as long as she doesnt have a typo in her post, she is not filing for a k1 or cr1. its a special immigrant form, one im not familiar with


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

11/19/2018        NVC Received file

 

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5 minutes ago, Khallaf said:

Access is never guaranteed to anyone that isn't a US citizen.

 

I am curious though how you will move to USA next year, if your husband is not a US citizen it will take longer than a year, and if he isn't a LRP it will be even harder for you to immigrate into USA.

 

also to mention if he is a LRP it will take at least 2 years to petition for a visa for you

My husband is renewing his R1 visa (religious visa), once he has it renewed I will then apply for an R2 visa. I won't be able to work, he will have to support for me and my son. 

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14 minutes ago, Lexa2 said:

My husband is renewing his R1 visa (religious visa), once he has it renewed I will then apply for an R2 visa. I won't be able to work, he will have to support for me and my son. 

R1 visa holders are not allowed to exceed a stay of 5 years, so after that time he must return back to his home country, I am not sure how long he has already been in the USA, just something to keep in mind.

 

R-2 Visa Extension

The initial R-2 visa may be granted for a period of up to three years. Extension of stay may be approved for a period of up to two years. The total period of stay for a person holding an R-2 visa may not exceed five years.

 

depending on the service center the application is sent to, can take about 12-16 months from what I understand.

 

at he is currently out of status, I can't answer the length of time it will take, as there is a chance he might not get the extension I would assume but I am not knowledgeable on that front.

 

I assume he has applied for I-360 as a religious worker, in order to get a Green card.

Edited by Khallaf

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25 minutes ago, Lexa2 said:

Will I be denied access if I go visit my husband?

There is always a possibility to be denied entry, but I'd say odds of denial are low in your situation.

28 minutes ago, Lexa2 said:

He was on a R1 visa but it has expired, so he applied for it to get renewed and also have an I-360 petition pending at the moment.

Here is a link with info for future readers: https://www.nolo.com/legal-encyclopedia/religious-workers-going-from-r-1-visa-green-card.html


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1 hour ago, Khallaf said:

 

1 hour ago, Khallaf said:

I assume he has applied for I-360 as a religious worker, in order to get a Green card.

Yes that's what he did, he applied for I-360 as a religious worker. He has been only 2 years on his R1 visa. I have been visiting the US on my ESTA many times and I never had a problem, but now that I am married I wonder if the CBP Officers at customs can see it in their system that I am married with someone who lives and work in the US and deny me entry.   

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13 minutes ago, Lexa2 said:

 

Yes that's what he did, he applied for I-360 as a religious worker. He has been only 2 years on his R1 visa. I have been visiting the US on my ESTA many times and I never had a problem, but now that I am married I wonder if the CBP Officers at customs can see it in their system that I am married with someone who lives and work in the US and deny me entry.   

they could, just be up front and honest with them if they ask you any questions, and have plenty of proof that you have plans to leave after your visit.

 

entry into usa is not guaranteed for anyone other than a USC.

 

just a slight recommendation, I would not go making plans that you will for sure be moving to USA next year, IE, do not quit your job, or sell your home, as of now your husband is out of status, I am not familiar with the type of visa he has applied for or if they will approve it given his visa is now expired. I would venture to say he deportable but again I can't answer that some you/he needs to do further research.

 

I am also sure others here have more experience on that.

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