QUESTION
How long should an Irish citizen wait to reapply for the visa waiver program if he married a US citizen?
Asked on Mar 12th, 2013 on Immigration - Colorado
More details to this question:
I married an Irish citizen visiting on the visa waiver program. He left the country in accordance with his visa but we are confused on what actions to take next. Will our marriage affect his coming back to see me on the same type of visa? Does he have to travel further than Mexico to qualify for reentry? Also, how do we apply for an extension of the Visa Waiver Program so that he can possibly stay until or closer to the time the marriage visa is approved? If I apply for the I140 visa before he reapplies for the Visa Waiver Program will that prohibit or make it more difficult for him to obtain a visitor's visa? How long does the I140 visa take to process? Do I need to apply for any other visas as well? Like I said we are very confused and if you could answer these questions and anything else that I forgot feel free to state such things. It would be amazing!
4 ANSWERS
You should have asked these questions before he left. He did not have to leave and you could have filed for the I-130 and his I-485 concurrently so that the entire process could be completed within the US within about 4-5 months. There is no way to extend the visa waiver I-94 that is why he should have just stayed. Now that he has left and you have a pending petition on his behalf, he may not be allowed to reenter as it will be seen that he has immigrant intent.
Answered on Mar 14th, 2013 at 2:52 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Mar 13th, 2013 at 4:55 AM
Your marriage will affect your future spouse's ability to get a visitors visa in the future. A person can not generally ask for extension of their stay when here on a visa waiver. The I-140 is not the petition used for starting the process for a green card based on marriage. There are many steps involved to complete the process and the whole process, without problems (errors of missing paper work), would take about 9 to 14 months depending on the way your do it (there are several methods available). You need to talk with an Immigration Attorney. Once the Attorney understands your plans and the details of your situation, he can advise you on the best way to proceed, the documents you will need and the steps involved.
Answered on Mar 12th, 2013 at 4:04 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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You should really retain an immigration attorney to help adjust your husbands status.
Answered on Mar 12th, 2013 at 4:03 PM