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

[derwydd-llyn 0]

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. 

[LilyJ 1,258]

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

[pushbrk 12,114]

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.

[SalishSea 16,774]

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.

[geowrian 22,335]

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.

[Minnieb 0]

On 10/7/2019 at 5:21 PM, 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. 

I am in the IR-1 Visa process  which was filed on September the 26th 2019 while I was visiting the U.S.  Although I have not travelled back to the U.S since leaving on the 29th August, I have in the past 2yrs been travelling back and forth on my VW to visit my husband, daughter and granddaughter and never overstaying the 90 days in any one period.  That said I have at times returned back to the U.S in as little as 6wks from my previous departure and on one instance returned back after a vacation to Mexico (leaving from the U.S) and returning to the U.S  in as little as a week.   I have never had a problem and have always been treated well.  On a couple of occasions I have been taken into the interview room but on checking my details and travel frequency (that I have always abided by the VWP rules) they have never denied me entry.  I think by now they have gotten used to me and that I always leave before the 90 day expiration and never go over the 180 days in any one year.  

 

I'm sure they know by now, that If I was going to try to stay and change status I would not have spent thousands of dollars over the last 2 years going back and forth.  But that is just my account and experience with immigration.   At the end of the day it is the immigration officials final decision that counts.  I have always found them to be very sympathetic with my separation from my family and on times they have even offered good advice on immigration issues.  They sometimes get a bad rap, they are at he end of the day human beings with families themselves, you would have to get a really disgruntled immigration officer who would deny your husband  access to be with you  if he were not a threat for any other red flag reasons. 

 

Good luck, and I hope you will be reunited with your husband sooner rather than later!