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VMikaele

Can my husband move with me to the US while we wait for I-130 approval?

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Hi,

 

I recently submitted a petition to bring my husband to the US but we are both currently living in his home country, New Zealand. We intended to live here til we got approval and the spouse visa sorted, but I realize that could take very long. I'm currently looking at visas I can apply for to stay in NZ longer, but that's a whole other process, but much easier than the US for sure! So I am thinking of other options as I want to move home to Hawai'i, especially if we have a baby. But I obviously won't move without my husband. So I am curious as to what our options are. What visas can he apply for? How long would it take to get a visa? How will it affect our I-130? Should I just stick it out and apply for a visa here in NZ?

 

As far as sponsorship, my parents have agreed to sponsor him because I financially won't be able to until we move back to Hawai'i and start working again. 

 

Any advice is appreciated :)

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3 minutes ago, VMikaele said:

Hi,

 

I recently submitted a petition to bring my husband to the US but we are both currently living in his home country, New Zealand. We intended to live here til we got approval and the spouse visa sorted, but I realize that could take very long. I'm currently looking at visas I can apply for to stay in NZ longer, but that's a whole other process, but much easier than the US for sure! So I am thinking of other options as I want to move home to Hawai'i, especially if we have a baby. But I obviously won't move without my husband. So I am curious as to what our options are. What visas can he apply for? How long would it take to get a visa? How will it affect our I-130? Should I just stick it out and apply for a visa here in NZ?

 

As far as sponsorship, my parents have agreed to sponsor him because I financially won't be able to until we move back to Hawai'i and start working again. 

 

Any advice is appreciated :)

Most obvious is what you have already started.   There is no such thing as a "temporary residence while I wait for the petition" visa


YMMV

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23 minutes ago, VMikaele said:

Hi,

 

I recently submitted a petition to bring my husband to the US but we are both currently living in his home country, New Zealand. We intended to live here til we got approval and the spouse visa sorted, but I realize that could take very long. I'm currently looking at visas I can apply for to stay in NZ longer, but that's a whole other process, but much easier than the US for sure! So I am thinking of other options as I want to move home to Hawai'i, especially if we have a baby. But I obviously won't move without my husband. So I am curious as to what our options are. What visas can he apply for? How long would it take to get a visa? How will it affect our I-130? Should I just stick it out and apply for a visa here in NZ?

 

As far as sponsorship, my parents have agreed to sponsor him because I financially won't be able to until we move back to Hawai'i and start working again. 

 

Any advice is appreciated :)

I should clarify that I am not looking for some kind of temporary residency visa, I just want to know if there's a visa worth applying for to bring him to Hawai'i with me til the petition is approved. I understand that he won't be able to work.

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Posted (edited)

He can travel to the US via VWP or a B2 tourist visa. After allowable length of stay, he must return to NZ and finish the immigrant visa processing there. 

Edited by apple21
Edit

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He can try to obtain a B-2 visa (which allows a potentially longer period of authorized stay than the ESTA), but it may be difficult to get with a pending immigrant visa petition.  

 

Auckland is not a difficult consulate though.  My husband got his B-2 (pre-K-1 filing) despite the dire warnings here on VJ that it wouldn’t be granted due to being from a VWP country.   

 

Kia Ora!

Edited by Jorgedig

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Just note that if a B-2 visa is denied, any existing ESTA needs to be updated and will very likely be denied as a result too. So risk/reward...is it worth risking not being able to visit at all?

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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