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sardine

Which visa while waiting for spouse visa?

By sardine in Bringing Family Members of Permanent Residents to America

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sardine Rookie

sardine   4

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Hello,

 

My husband is a permanent resident in the US since a few months ago and we have applied for the spouse visa. He needs to be at least 6 months in the USA per year to keep his residency but we are still in Spain thinking what to do with my visa. It has been already 4 months. I fainted after I saw the processing times for the I-130 (27-35 months) . What can I do? 

 

Visitor visa appointments wait time in Madrid is 350 days, 170 for students visas 

 

My ESTA (VWP) was denied because I marked that I have been denied entry in the US. 8 years ago we were not allowed to take our flight in the US pre clearance in Dublin. The officer said to my boyfriend (now husband) that in his opinion we were going to be illegal immigrants in the US because we didn't own a house in Spain. It was a holiday trip.  Now my husband won the diversity visa lottery but I don't know what to do.

 

We don't want to live separated. Is there any solution for this?

Can you recommend any English course? or something I can apply for?

Can I choose another embassy in another country with faster visa appointment? 

Edited by sardine
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Crazy Cat
Crazy Cat

How did he get a green card if he never went to the US? 

Crazy Cat
Crazy Cat

You are desperate to get inside the US.  You are desperate to avoid any separation. You have clear immigrant intent, making the issuance of ANY non-immigrant visa very unlikely.  Like other people, in

milimelo
milimelo

What do you mean what other people do while waiting? Continue school, their employment, live their lives normally. Only after visa in hand do they quit their job and move. 

milimelo Veteran

milimelo   4,501

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Sit tight and wait. If you don’t already have a tourist visa highly unlikely you’ll get it. 
Meet in your home country or a third country. 

ROC 2009
Naturalization 2010

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Boiler Grand Master

Boiler   45,665

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There was, you could have got a GC when your Husband did through the DV.

 

I personally doubt you will be waiting that long for an immigrant visa.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Crazy Cat Grand Master

Crazy Cat   41,981

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11 minutes ago, sardine said:

He needs to be at least 6 months in the USA per year to keep his residency

Where did you get that idea?  He can file for a re-entry permit (but must do from inside the US).  That would allow him to be outside the US for 2 years.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

sardine Rookie

sardine   4

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2 minutes ago, Boiler said:

There was, you could have got a GC when your Husband did through the DV.

 

I personally doubt you will be waiting that long for an immigrant visa.

We were not married and I can't go back to the past. But if I had known this before we would have spedd up the weeding (but covid) 😭

But even if it is 2 months he will be outside the US more than 6 months which will be problematic for his residency I think 

Edited by sardine
sardine Rookie

sardine   4

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4 minutes ago, Crazy Cat said:

Where did you get that idea?  He can file for a re-entry permit (but must do from inside the US). 

No? We are still living in Spain since I can't travel to the US. Also there is no way to contact the US embassy...  

Edited by sardine
Boiler Grand Master

Boiler   45,665

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4 minutes ago, sardine said:

No? We are still living in Spain since I can't travel to the US. Also there is no way to contact the US embassy...  

You are just 4 months in? There is no need to contact the Embassy, will be some time before they are involved.

 

Good luck.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

sardine Rookie

sardine   4

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1 minute ago, Boiler said:

You are just 4 months in? There is no need to contact the Embassy, will be some time before they are involved.

 

Good luck.

What do you mean?
He got his GC in December. We haven't gone to the US yet because of me. I would like to ask the Visa Waiver Program office about my case but they don't reply to emails. I could apply again because I wasn't denied entry, they denied it to him but we were traveling together. But I wanted to ask someone first. 

Boiler Grand Master

Boiler   45,665

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So he has his visa not his GC?

 

 

Quote

My ESTA (VWP) was denied because I marked that I have been denied entry in the US. 8 years ago we were not allowed to take our flight in the US pre clearance in Dublin

Confused

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Crazy Cat Grand Master

Crazy Cat   41,981

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1 minute ago, sardine said:

What do you mean?
He got his GC in December. We haven't gone to the US yet because of me. I would like to ask the Visa Waiver Program office about my case but they don't reply to emails. I could apply again because I wasn't denied entry, they denied it to him but we were traveling together. But I wanted to ask someone first. 

You said "My ESTA (VWP) was denied because I marked that I have been denied entry in the US. "  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

sardine Rookie

sardine   4

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2 minutes ago, Crazy Cat said:

You said "My ESTA (VWP) was denied because I marked that I have been denied entry in the US. "  

Yes, I applied again this year to the ESTA, but I marked this question as "Yes". There might be a small chance that I could mark this question as "No", but I want to do things right and ask the ESTA office. But again, they don't answer questions, and neither the embassy

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Crazy Cat Grand Master

Crazy Cat   41,981

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Just now, sardine said:

but we haven't gone yet (because of my situation)

How did he get a green card if he never went to the US? 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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