# can spouse visit US on VWP?



## paris.opera (May 8, 2010)

I'm a US citizen and I married a French national on June 1, 2010 in France. We had planned to live in France, but circumstances have changed and we are now undecided.

I own a home in the US and I had to come home to the US in June without him. He plans to visit for about for one month from late-July to late-August, and then return to France in September. We should know around this time what we plan to do.

I haven't started the application process for a K-3 visa yet. 

My questions are: Since he is now an "alien" spouse, could he be turned away at the border? Will his visit have a negative impact on a K-3 application? Should I start the application process before or after his visit?

Before we were married, he came to the US for 5 weeks in August/Sept. 2009 and again for 2 weeks in December 2009. I lived with him in France from January - June 2010 on a long stay visa.

I appreciate any insight anyone has about this situation. Thank you in advance for your assistance.


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## Bevdeforges (Nov 16, 2007)

He should still be able to enter the US on a VWP, subject to all the usual caveats. Just make sure he can show his intent to return to France before his time in the US is up - employment, residence, etc.

And honestly, if I were him, I wouldn't mention that he is married to a US citizen unless specifically asked. I've gone back and forth with my French husband many times and the issue of us being married never comes up. 

I wouldn't start the K-3 process until you have decided where you're going to live. For now, you're in the US taking care of personal business and he's coming over to visit you for a month, with every intention of returning to France. Period.
Cheers,
Bev


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## Fatbrit (May 8, 2008)

paris.opera said:


> I'm a US citizen and I married a French national on June 1, 2010 in France. We had planned to live in France, but circumstances have changed and we are now undecided.
> 
> I own a home in the US and I had to come home to the US in June without him. He plans to visit for about for one month from late-July to late-August, and then return to France in September. We should know around this time what we plan to do.
> 
> ...


First off, the K3 visa is generally pointless, especially if you're applying from a consulate in the first world. The IR1/CR1 immigrant visa takes little longer to process but gives him permanent residency from the day he enters. You may have the option of submitting the initial I-130 directly to the consulate which also speeds the process up.

If you submit any petition now, it's going to be sitting there in the computer for the CBP officer to read. However, the officer is going to take the totality of the circumstances into account as he's interested in whether your husband is going to immigrate on this trip. Does he have a house and a job to return to? Did you bring the kitchen sink with you on this trip? Etc....


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## RosyStrange (Jan 10, 2010)

Good question. We are also in the middle of where to live.. Thing is neither I nor him work at the moment and are scared that it looks suspicious... hard times... what we do for love eh?


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