# Getting a US Spouse Visa



## earthwormgym (Jun 17, 2012)

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!


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## Davis1 (Feb 20, 2009)

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)


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## rangdaa (Jul 6, 2012)

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"!)?


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## earthwormgym (Jun 17, 2012)

Davis1 said:


> 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?


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## Davis1 (Feb 20, 2009)

earthwormgym said:


> 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


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## Crawford (Jan 23, 2011)

rangdaa said:


> Davis1,
> 
> Thank for the link.
> 
> ...


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.


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## rangdaa (Jul 6, 2012)

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!


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## Davis1 (Feb 20, 2009)

rangdaa said:


> 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


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## Crawford (Jan 23, 2011)

rangdaa said:


> 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.


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## rangdaa (Jul 6, 2012)

Thanks for the information and tips chaps!


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## twostep (Apr 3, 2008)

Hold off until she has her swearing in as US citizen. At that moment she can file for your spousal based Green Card. Can you check if the US Embassy nearest to you still handles DCF (direct consular filing) which may cut your processing time to almost nothing?


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## rangdaa (Jul 6, 2012)

Thanks Twostep.

Our nearest US Embassy is in Nicosia Cyprus but it does not feature on the list of overseas Embassies where one can apply for the I-130 so we either apply by mail or wait until we are in the USA I guess.


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