# US Spouse Visa final stage question



## Mojofilterman (Jul 31, 2011)

I had my medical for my U.S spouse visa and I have also forwarded the DS-230 part 1/2 forms along with the checklist to the consular. I am currently visiting my wife on a visa waiver and my 90 days is almost up. 

My question is. My visa waiver is due to expire on April 5th and I do not think that my interview date in London will come through before then. My options are to go back to the U.K for a week and then fly back into the U.S on another visa waiver (and run the immigration gauntlet) or alternatively overstay my visa waiver and wait for my interview. I can then go back to London and sit my interview, obtain my U.S Spouse visa and fly back to the U.S on that.

I have never ever thought about overstaying before but in all honesty, I am never likely to need the visa waiver again. My passport will be stamped with the spouse visa.

Obviously I am not an advocate of breaching the terms of the waiver but it is frustrating to have to fly back to the U.K, stay a week, fly back to the U.S and then go back to the U.K a month later to sit my interview and then come back again.

Any thoughts are as always greatly appreciated.
x


----------



## Davis1 (Feb 20, 2009)

Mojofilterman said:


> I had my medical for my U.S spouse visa and I have also forwarded the DS-230 part 1/2 forms along with the checklist to the consular. I am currently visiting my wife on a visa waiver and my 90 days is almost up.
> 
> My question is. My visa waiver is due to expire on April 5th and I do not think that my interview date in London will come through before then. My options are to go back to the U.K for a week and then fly back into the U.S on another visa waiver (and run the immigration gauntlet) or alternatively overstay my visa waiver and wait for my interview. I can then go back to London and sit my interview, obtain my U.S Spouse visa and fly back to the U.S on that.
> 
> ...


go home immediately and stay there until you get the immigration visa ...
dont give them cause to deny


----------



## Mojofilterman (Jul 31, 2011)

Davis1 said:


> go home immediately and stay there until you get the immigration visa ...
> dont give them cause to deny


I could go home and stay a week and then come back on another visa waiver and wait for my interview date. The cost of the flight isnt a factor, more the hassle of flying back and forth. And as i understand it, there are no limits to the number of times one can use the visa waiver, nor the amount of gap inbetween each waiver?


----------



## Davis1 (Feb 20, 2009)

Mojofilterman said:


> I could go home and stay a week and then come back on another visa waiver and wait for my interview date. The cost of the flight isnt a factor, more the hassle of flying back and forth. And as i understand it, there are no limits to the number of times one can use the visa waiver, nor the amount of gap inbetween each waiver?


you understand very wrongly 
although is not a written... the rule of thumbs is 90 days in 90 days out 
never more than 180 days in a year

the visa waiver was designed for the holidaymaker with his 2 or 3 week a year
trying to live here on a visa waiver will get you denied very quickly


----------



## Mojofilterman (Jul 31, 2011)

Davis1 said:


> you understand very wrongly
> although is not a written... the rule of thumbs is 90 days in 90 days out
> never more than 180 days in a year
> 
> ...


Thanks for your reply, however the information below is taken from the U.S cosular website.

"There is no limit to the number of times you may travel visa free under the Visa Waiver Program in any given period. There is also no minimum period of time you are required to remain outside the U.S. before reapplying for admission. If you are a frequent traveler to the United States, it is advisable that you carry with you for presentation to U.S. immigrations evidence of your residence abroad to which you intend to return at the end of your visit together with evidence of funds sufficient for your support while in the United States. If the immigrations inspector is not convinced that you are a bona fide visitor for business or tourism, you may be denied entry".


----------



## twostep (Apr 3, 2008)

Mojofilterman said:


> I had my medical for my U.S spouse visa and I have also forwarded the DS-230 part 1/2 forms along with the checklist to the consular. I am currently visiting my wife on a visa waiver and my 90 days is almost up.


Did you file CR1?



Mojofilterman said:


> My question is. My visa waiver is due to expire on April 5th and I do not think that my interview date in London will come through before then. My options are to go back to the U.K for a week and then fly back into the U.S on another visa waiver (and run the immigration gauntlet) or alternatively overstay my visa waiver and wait for my interview. I can then go back to London and sit my interview, obtain my U.S Spouse visa and fly back to the U.S on that.


Interview with a brand new overstay?



Mojofilterman said:


> I have never ever thought about overstaying before but in all honesty, I am never likely to need the visa waiver again. My passport will be stamped with the spouse visa.


Everything is up in the air until you have the stamp.



Mojofilterman said:


> Obviously I am not an advocate of breaching the terms of the waiver but it is frustrating to have to fly back to the U.K, stay a week, fly back to the U.S and then go back to the U.K a month later to sit my interview and then come back again.


Sorry, but the rules do not change for frustrated LDR spouses. 



Mojofilterman said:


> Any thoughts are as always greatly appreciated.
> x


Have you read up on the questions on the Naturalization application?


----------



## Mojofilterman (Jul 31, 2011)

twostep said:


> Did you file CR1?
> 
> If you mean U.S Spouse visa, yes. my wife (U.S citizen) filed the petition and it was granted back in october. I had my medical in January and we sent in the DS-230 part 1 and 2 forms along with the checklist 6 weeks ago.
> 
> ...


I haven't. To what in particular are you reffering?


----------



## twostep (Apr 3, 2008)

Mojofilterman said:


> I haven't. To what in particular are you reffering?


Your entries/exits are part of the application. Yes, only whle you had a GC. The officer handling your file will have all of your entries/exits listed when running the querry to verify your application.


----------



## Mojofilterman (Jul 31, 2011)

twostep said:


> Your entries/exits are part of the application. Yes, only whle you had a GC. The officer handling your file will have all of your entries/exits listed when running the querry to verify your application.


Sorry for my lack of understanding, i appreciate your help.

Are you saying that when i go to the interview they will have on file ALL of my visits, entries and exits to the U.S and overstay is ill advised?

I guess what i want clarifying is, theoretically i could use the visa waiver again to wait for my interview. i.e come back to the U.K for a week and then go back on the VW. Then await my interview and go back to the U.K and sit it.

somebody mentioned the 180 day rule but that is unwritten. The state department mentions no limit to the VW. I am not naive enough to think that i wont be questioned. I do always carry documentation to show ties to the U.K.


----------



## Davis1 (Feb 20, 2009)

Mojofilterman said:


> Thanks for your reply, however the information below is taken from the U.S cosular website.
> 
> "There is no limit to the number of times you may travel visa free under the Visa Waiver Program in any given period. There is also no minimum period of time you are required to remain outside the U.S. before reapplying for admission. If you are a frequent traveler to the United States, it is advisable that you carry with you for presentation to U.S. immigrations evidence of your residence abroad to which you intend to return at the end of your visit together with evidence of funds sufficient for your support while in the United States. If the immigrations inspector is not convinced that you are a bona fide visitor for business or tourism, you may be denied entry".


the DOS can say what they like ... but they dont control the gate 

but even there it gives you a hint ... when arriving on a visa waiver you state you have no immigration intent ..but if he runs you and find your CR1 ... you get denied and returned..as you do have immigration intent 

but of course do whats best for you


----------



## Mojofilterman (Jul 31, 2011)

Davis1 said:


> the DOS can say what they like ... but they dont control the gate
> 
> but even there it gives you a hint ... when arriving on a visa waiver you state you have no immigration intent ..but if he runs you and find your CR1 ... you get denied and returned..as you do have immigration intent
> 
> but of course do whats best for you


Since filing CR1 i have entered the USA on a visa waiver and not been questioned as to my immigration intent. If they asked me i would be honest. There are no laws that state you cannot travel on a visa waiver after having applied for CR1. If there are I would be glad to read it??

My intent is to do things legally. I have applied for U.S Spouse visa the correct way, that does not forbid me from visiting the USA. 

My understanding is, they are seeking out individuals who wish to come to the USA and stay and work illegally. I would have a return ticket andf I would be honest and tell the IO that i have to fly home 3 weeks later to have my visa interview.


----------



## twostep (Apr 3, 2008)

Mojofilterman said:


> Since filing CR1 i have entered the USA on a visa waiver and not been questioned as to my immigration intent. If they asked me i would be honest. There are no laws that state you cannot travel on a visa waiver after having applied for CR1. If there are I would be glad to read it??
> 
> My intent is to do things legally. I have applied for U.S Spouse visa the correct way, that does not forbid me from visiting the USA.
> 
> My understanding is, they are seeking out individuals who wish to come to the USA and stay and work illegally. I would have a return ticket andf I would be honest and tell the IO that i have to fly home 3 weeks later to have my visa interview.


Whatever your understanding of US immigration policy is - you are in the final rounds for your Green Card. First you say you will go into overstay then you say you say you will leave on time and try to re-enter shortly there after. I am getting confused. Let's hope everything will work out fine!!!


----------



## Mojofilterman (Jul 31, 2011)

twostep said:


> Whatever your understanding of US immigration policy is - you are in the final rounds for your Green Card. First you say you will go into overstay then you say you say you will leave on time and try to re-enter shortly there after. I am getting confused. Let's hope everything will work out fine!!!


No i merely sueggested overstay as an option. However upon reading more about it I would agree that would be a mistake.

*I guess i just wanted you to clarify that the VWP has no real limits and it is up to the discretion of the IO at the POE.*To fly home and obtain another VW and fly back to the U.S is my most desired option..


----------



## twostep (Apr 3, 2008)

Mojofilterman said:


> No i merely sueggested overstay as an option. However upon reading more about it I would agree that would be a mistake.
> 
> *I guess i just wanted you to clarify that the VWP has no real limits and it is up to the discretion of the IO at the POE.*To fly home and obtain another VW and fly back to the U.S is my most desired option..


Keep it between the lines for these few weeks. You are almost there. BTW - keep a log of your entries/exits. You will need it for your naturalization application.

It is your call - to fly or not to fly. Good luck to the two of you!!! What will your final destination be?


----------



## Mojofilterman (Jul 31, 2011)

twostep said:


> Keep it between the lines for these few weeks. You are almost there. BTW - keep a log of your entries/exits. You will need it for your naturalization application.
> 
> It is your call - to fly or not to fly. Good luck to the two of you!!! What will your final destination be?


Thank you twostep you have been most helpful. I think i will do the VW one more time and just have a ton of documentation with me just in case! 

We are both so excited and couldn't do the seperation bit!! Final stop is NYC and a job waiting for me. 

Thanks again.


----------

