Getting a US Spouse Visa

[earthwormgym]

Hi all!

Firstly, I apologise if this question has been asked a dozen times- I couldn't seem to find the answer.

Looking to move to the US with my American Wife, and I understand we have to fill out an I-130. But I heard it takes approx 6 months!

Is it possible for me to come over to the US on a tourist visa, before converting to the approved (hopefully!) spouse visa?

Thanks!

p.s.- my predictive text put "suppose" instead of SPOUSE! curses- and I can't seem to change title!

[Davis1]

You get the spousal visa to gain entry to the US ... the US citizen files it

spousal visa CR1
Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1)

[rangdaa]

Davis1,

Thank for the link.

My research suggests that it takes about 6 months for the I-130 to be processed (which I presume results in a CR1).

However, what happens in the intervening period? Can I enter the US under the Visa Waiver Programme or perhaps on a B1/B2 visa so I can live in the USA with my wife (who will become an American citizen next year - we have been married for over 30 years so it is hardly a "marriage of convenience"!)?

[earthwormgym]

Originally Posted by Davis1

You get the spousal visa to gain entry to the US ... the US citizen files it

spousal visa CR1

Yes, but does that mean I cannot enter until this is approved, or can I come in on a US Tourist Visa?

[Davis1]

Originally Posted by earthwormgym

Yes, but does that mean I cannot enter until this is approved, or can I come in on a US Tourist Visa?

a tourist visa is based on the question "do you have immigrant intent"
which of course you do ..some people do succeed in a short visit some are
denied entry..

Now I see you now mention you wife is not an American citizen ..
is that correct

[Crawford]

Originally Posted by rangdaa

Davis1,

Thank for the link.

My research suggests that it takes about 6 months for the I-130 to be processed (which I presume results in a CR1).

However, what happens in the intervening period? Can I enter the US under the Visa Waiver Programme or perhaps on a B1/B2 visa so I can live in the USA with my wife (who will become an American citizen next year - we have been married for over 30 years so it is hardly a "marriage of convenience"!)?

How are you entering the US on a Spouse visa if your wife is not an American citizen?

If she is not yet an American citizen, has she some other visa to allow her to live in the US?

Neither of you can live in the US until you have the relevant visas.

[rangdaa]

I should have been a little clearer. I should have said," once my wife has her USC and she has applied to sponsor me, can I enter the USA on a tourist visa whilst the I-130 is being processed?"

Tha answer appears to be "yes", if the info on the britishexpats forum (I am not allowed to post a link yet) search for: I-130 Approved; Still travel to US?

can be relied upon!

[Davis1]

Originally Posted by rangdaa

I should have been a little clearer. I should have said," once my wife has her USC and she has applied to sponsor me, can I enter the USA on a tourist visa whilst the I-130 is being processed?"

Tha answer appears to be "yes", if the info on the britishexpats forum (I am not allowed to post a link yet) search for: I-130 Approved; Still travel to US?

can be relied upon!

that forum is very good and is correct but they probably say you can try or apply
nobody can say you will get in ..some make it and some dont

[Crawford]

Originally Posted by rangdaa

I should have been a little clearer. I should have said," once my wife has her USC and she has applied to sponsor me, can I enter the USA on a tourist visa whilst the I-130 is being processed?"

Tha answer appears to be "yes", if the info on the britishexpats forum (I am not allowed to post a link yet) search for: I-130 Approved; Still travel to US?

can be relied upon!

Yes, you can visit your wife on the VWP while the Spouse visa is being processed.

It would be sensible to take proof that you intend to return to the UK - return ticket, housing papers, letter from job etc.

[rangdaa]

Thanks for the information and tips chaps!