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Machimack

Wife traveling to U.S without a visa

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So I’m living in Italy with my wife currently as I am in the military. I am due to PCS in August . Right now I’m still waiting on approval for the i30 and i131 application from the embassy. At this rate, my hopes are not very high, and yes, I should have filed sooner, but we recently just got married. My question is, if we do not get the visa in time from the consulate, would it be possible to take my wife with me using a tourist visa?  I know there is regulations she can stay for 90 days, then we would come back to Italy to finish everything . She is also on my official travel orders. Would it be possible to get the ESTA to enter, then return back to her country to receive the visa? 

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She can enter the US for a visit if she has a valid entry document AND the CBP officer allows her to enter.  She can not enter the US with the intent to stay inside the US and adjust status.


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Posted (edited)

They might not let her in just because they will see that you're both pretty much moving together to the US. Especially since she is on your orders. Just be aware of that. 

Edited by Roel

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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15 minutes ago, Machimack said:

So I’m living in Italy with my wife currently as I am in the military. I am due to PCS in August . Right now I’m still waiting on approval for the i30 and i131 application from the embassy. At this rate, my hopes are not very high, and yes, I should have filed sooner, but we recently just got married. My question is, if we do not get the visa in time from the consulate, would it be possible to take my wife with me using a tourist visa?  I know there is regulations she can stay for 90 days, then we would come back to Italy to finish everything . She is also on my official travel orders. Would it be possible to get the ESTA to enter, then return back to her country to receive the visa? 

You can try to get it expedited due to your orders going back stateside. 

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3 minutes ago, Cyberfx1024 said:

Did you file for your wife through DCF or the regular way, and when did you file? 

 

Please fill out your timeline. 

Th

 

3 minutes ago, Cyberfx1024 said:

Did you file for your wife through DCF or the regular way, and when did you file? 

 

Please fill out your timeline. 

Through dcf. And I’ve called that number and was given the response of, “there’s no open case for you so... we can’t do anything.”

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Just now, Machimack said:

Th

 

Through dcf. And I’ve called that number and was given the response of, “there’s no open case for you so... we can’t do anything.”

Also filed couple weeks ago. It was received by Rome on the 24th of may

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Dcf is already an expedite so cant really speed that up. 


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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If the DCF process is not completed by August, she may have to wait for the visa interview in Italy while you move to the US without her.  You can try to move to the US together without her immigrant visa, but be prepared for a possible refusal of entry at POE since she could be viewed as having immigration intent on a tourist visa.  It will be up to the CBP officer to determine intent.  Good luck, and if you have to live apart for a while, hopefully it won't be for too many weeks or months since you're doing DCF.  My husband and I have lived apart for a year while waiting for the process and it is hard but not impossible, some couples wait much longer than a year.

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