Extended Visit/Tourist Visa while waiting

[emmillinnee 9]

We found out today that our petition was transferred from Nebraska to Potomac office, thus meaning longer processing times. We both live in Spain currently and I (US Citizen) received a job offer with a start date of October 2021 and were hoping to both be able to move to the States for my job in the Fall. After the news, I spent the day trying to figure out if we could get it expedited/contact with representatives. My husband, from Spain and in possession of an ESTA visa, would be able to come for 3 months on a tourist visa, but I wondered if instead of trying to rush the processing times (which I know is a slim chance) if there were a way to just get an extended visitor visa while we are waiting? I know I've heard of other couples getting to visit for 6 months in the forum. Is that possible for Europe/US couples? Thanks for any advice ahead of time! 

[arken 4,197]

He can apply for the tourist visa which will generally allow for 6 months stay at a time however,  with the pending petition and 3 months visit availabiiity through ESTA, it is doomed for denial imo. Remember visitor visa denial will also nullify ESTA. I would use ESTA.

[emmillinnee 9]

2 minutes ago, arken said:

He can apply for the tourist visa which will generally allow for 6 months stay at a time however,  with the pending petition and 3 months visit availabiiity through ESTA, it is doomed for denial imo. Remember visitor visa denial will also nullify ESTA. I would use ESTA.

Do you think it would help if we were able to show an apartment lease and evidence that he had employment for the months from April through October (we live on an island with a heavy tourism season during those months and he generally works the entire 6 month season)? Thus offering a good reason for his return to Spain after the 6 months on the B2 visa? Just to clarify, if we move in October, he could have 6 months from October to April, and then if we are still waiting on the I-130 visa, return to Spain then. But at least it would give us 3 more months of wiggle room. 

[Boiler 43,437]

I do not know how generous Madrid is with B's for Spaniards, if it is refused he needs to reapply for ESTA and tick the box he has been denied a visa. Which could complicate matters.

Edited June 1, 2021 by Boiler

[Crazy Cat 39,258]

A case transfer does not necessarily mean longer processing times.  Our case was transfer from Nebraska to Texas in 2016.  Our case was approved without any noticeable delay.  Good luck. 

Edited June 1, 2021 by Lucky Cat

[mushroomspore 3,043]

3 minutes ago, emmillinnee said:

Do you think it would help if we were able to show an apartment lease and evidence that he had employment for the months from April through October (we live on an island with a heavy tourism season during those months and he generally works the entire 6 month season)? Thus offering a good reason for his return to Spain after the 6 months on the B2 visa? Just to clarify, if we move in October, he could have 6 months from October to April, and then if we are still waiting on the I-130 visa, return to Spain then. But at least it would give us 3 more months of wiggle room. 

I mean, you can always try but the main issue with him getting a tourist visa is that he's declared immigrant intent with the filed I-130. From the embassy/consulate's point of view, it's probably not worth it to them to grant him an extended temporary-stay visa because they already know he's going to be moving permanently to the US soon enough. And even if he did get the extended tourist visa, CBP decides how long to let him stay for that specific visit. The tourist visa can be valid for a while, but visa validity is not the same as allowed visit-time. And you don't find the visit-time until you get to CBP.

Edited June 1, 2021 by mushroomspore

[Strawberrymermaid 346]

22 minutes ago, emmillinnee said:

We found out today that our petition was transferred from Nebraska to Potomac office, thus meaning longer processing times. We both live in Spain currently and I (US Citizen) received a job offer with a start date of October 2021 and were hoping to both be able to move to the States for my job in the Fall. After the news, I spent the day trying to figure out if we could get it expedited/contact with representatives. My husband, from Spain and in possession of an ESTA visa, would be able to come for 3 months on a tourist visa, but I wondered if instead of trying to rush the processing times (which I know is a slim chance) if there were a way to just get an extended visitor visa while we are waiting? I know I've heard of other couples getting to visit for 6 months in the forum. Is that possible for Europe/US couples? Thanks for any advice ahead of time! 

If he tries to get a B1/B2 and gets denied, his ESTA will be revoked and then the option to visit at all is quite hard. I read of a couple who tried this. Husband was from France, and they were denied, and now he cannot come to the US at all. I would either prepare to be separated for a bit or have him come in short visits over an extended period of time on the ESTA.

[arken 4,197]

11 minutes ago, emmillinnee said:

Do you think it would help if we were able to show an apartment lease and evidence that he had employment for the months from April through October (we live on an island with a heavy tourism season during those months and he generally works the entire 6 month season)? Thus offering a good reason for his return to Spain after the 6 months on the B2 visa? Just to clarify, if we move in October, he could have 6 months from October to April, and then if we are still waiting on the I-130 visa, return to Spain then. But at least it would give us 3 more months of wiggle room. 

COs usually don't ask for any documents during the visitor visa interview in which case you cannot show anything nor tell anything unless asked. It's a gamble. People have been able to get the visa while i130 was pending but i'd assume they are primarily from non VWP countries. 

[emmillinnee 9]

There's also the problem that the Madrid embassy is only processing non-immigration visas for emergencies right now...so I don't even know if this would count as an "emergency" or if we could get an appointment...

[Boiler 43,437]

It is not an emergency, hopefully normality will return but there will be a backlog.What that will look like is anybody's guess.

[emmillinnee 9]

15 minutes ago, Lucky Cat said:

A case transfer does not necessarily mean longer processing times.  Our case was transfer from Nebraska to Texas in 2016.  Our case was approved without any noticeable delay.  Good luck. 

Oh gosh I hope you are right! Thank you!

[emmillinnee 9]

48 minutes ago, emmillinnee said:

We found out today that our petition was transferred from Nebraska to Potomac office, thus meaning longer processing times. We both live in Spain currently and I (US Citizen) received a job offer with a start date of October 2021 and were hoping to both be able to move to the States for my job in the Fall. After the news, I spent the day trying to figure out if we could get it expedited/contact with representatives. My husband, from Spain and in possession of an ESTA visa, would be able to come for 3 months on a tourist visa, but I wondered if instead of trying to rush the processing times (which I know is a slim chance) if there were a way to just get an extended visitor visa while we are waiting? I know I've heard of other couples getting to visit for 6 months in the forum. Is that possible for Europe/US couples? Thanks for any advice ahead of time! 

 

36 minutes ago, arken said:

He can apply for the tourist visa which will generally allow for 6 months stay at a time however,  with the pending petition and 3 months visit availabiiity through ESTA, it is doomed for denial imo. Remember visitor visa denial will also nullify ESTA. I would use ESTA.

 

 

27 minutes ago, Boiler said:

I do not know how generous Madrid is with B's for Spaniards, if it is refused he needs to reapply for ESTA and tick the box he has been denied a visa. Which could complicate matters.

 

 

26 minutes ago, mushroomspore said:

I mean, you can always try but the main issue with him getting a tourist visa is that he's declared immigrant intent with the filed I-130. From the embassy/consulate's point of view, it's probably not worth it to them to grant him an extended temporary-stay visa because they already know he's going to be moving permanently to the US soon enough. And even if he did get the extended tourist visa, CBP decides how long to let him stay for that specific visit. The tourist visa can be valid for a while, but visa validity is not the same as allowed visit-time. And you don't find the visit-time until you get to CBP.

 

24 minutes ago, Strawberrymermaid said:

If he tries to get a B1/B2 and gets denied, his ESTA will be revoked and then the option to visit at all is quite hard. I read of a couple who tried this. Husband was from France, and they were denied, and now he cannot come to the US at all. I would either prepare to be separated for a bit or have him come in short visits over an extended period of time on the ESTA.

Update to original post: I just looked at my husband's original ESTA and realized that it will expire next month. Can we re-apply for another ESTA? Or will that most likely get denied as well? In which case, should we just try applying for the B2 visa anyway if he already wouldn't be able to visit? And would a denial for a B2/ESTA visa affect the I-130 petition? 

Edited June 1, 2021 by emmillinnee

[Boiler 43,437]

Why would his ESTA be denied?

 

If it was then you have no other choice than to apply for a B.

 

Assuming it is the normal immigrant intent denial not an issue for 1 130

[emmillinnee 9]

5 minutes ago, Boiler said:

Why would his ESTA be denied?

 

If it was then you have no other choice than to apply for a B.

 

Assuming it is the normal immigrant intent denial not an issue for 1 130

Sorry, I meant to ask if the renewal for the ESTA would likely get denied due to his pending I-130 visa

[pushbrk 12,114]

36 minutes ago, emmillinnee said:

There's also the problem that the Madrid embassy is only processing non-immigration visas for emergencies right now...so I don't even know if this would count as an "emergency" or if we could get an appointment...

It won't.  Although your issue seems serious to you, it is really quite minor in the global scheme of what we see here.  Separation is part of the process for most members here.