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derwydd-llyn

How long does my husband need to wait to visit again while we wait for his interview?

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We submitted our documents to the NVC on September 6 and we are currently waiting for my husband's interview to be scheduled.

We traveled into the US together from the UK in mid-May, and my husband stayed for just under three months while we set up our apartment and moved into our new city. He left a couple days before his 90 days were up on his visitor visa, on August 10. 

 

I am wondering if he can come visit in the next couple weeks or if he needs to wait the full 90+ days between visits. He would be coming until his interview, which is likely to be scheduled for November or early December. I'm living on my own right now, in full-time grad school and full-time work, and really struggling emotionally, so him coming back earlier would be ideal if at all possible. 

 

Thank you for your advice. 

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The notion to stay out of the US for at least as long as you visited the US before returning again is just a recommendation, not a requirement. Entry is never guaranteed no matter how long you wait to visit, but he is allowed to try to visit still. It helps to bring along evidence that you are going through the process the legal way and through a consulate, and to also bring along evidence of ties he still has back in the UK (a job letter of when he’ll be expected to be back at work, a doctors appointment, a rental agreement, etc). However it will all be up to the CBP officer at the point of entry whether or not he is allowed in


Our CR1 Journey So Far:
 

USCIS Stage:

  • Feb 8 2019: Sent I130 package
  • Feb 14 2019: Delivered
  • Feb 21 2019: I130 NOA1 (PD Feb 14, 2019)
  • Assigned to Nebraska Service Center (yay... 🙄)
  • July 31 2019: I129f NOA1
  • Sep 19 2019: I129f NOA2 (Denied - 50 days from NOA1)
  • Sep 19 2019: I130 NOA2 (Approved - 217 days from NOA1)

 

 

NVC Stage:

  • Sep 27 2019: Sent to Department of State
  • Waiting for: NVC received & case number

 

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4 hours ago, LilyJ said:

The notion to stay out of the US for at least as long as you visited the US before returning again is just a recommendation, not a requirement. Entry is never guaranteed no matter how long you wait to visit, but he is allowed to try to visit still. It helps to bring along evidence that you are going through the process the legal way and through a consulate, and to also bring along evidence of ties he still has back in the UK (a job letter of when he’ll be expected to be back at work, a doctors appointment, a rental agreement, etc). However it will all be up to the CBP officer at the point of entry whether or not he is allowed in

Risky to try to enter again until he has been gone as long as his last visit lasted.  To do so can be construed as an abuse of ESTA, or the VWP.  But, as stated above by LilyJ, it is not specifically forbidden to enter sooner.  It's always a judgment call.


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5 hours ago, derwydd-llyn said:

We submitted our documents to the NVC on September 6 and we are currently waiting for my husband's interview to be scheduled.

We traveled into the US together from the UK in mid-May, and my husband stayed for just under three months while we set up our apartment and moved into our new city. He left a couple days before his 90 days were up on his visitor visa, on August 10. 

 

I am wondering if he can come visit in the next couple weeks or if he needs to wait the full 90+ days between visits. He would be coming until his interview, which is likely to be scheduled for November or early December. I'm living on my own right now, in full-time grad school and full-time work, and really struggling emotionally, so him coming back earlier would be ideal if at all possible. 

 

Thank you for your advice. 

Risky.  They might start to wonder how he can afford to be away from work for long periods, or whether he would be working illegally whilst here.

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Agreed - possible but risky to try again after a longer stay and short time abroad. Best to wait until at least he has spent more time outside the US than in it. It's not guaranteed, but it's a good rule of thumb for a reason.


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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