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Good morning! I have petitioned for my husband to join me from the UK. We have two children together and I am currently pregnant and would be due in December. His application is currently with NVC. NVC recently reviewed all documents submitted and accepted all but contacted me that I should re-upload our marriage certificate and my W2 which I did. We're currently waiting for interview date however because my husband is a British Citizen, he's been visiting us spending almost 3 months with us frequently. My question is, since I need help with the kids especially being pregnant, is it advisable to move application to the US instead of going for interview overseas in England. Its so frustrating and expensive having him travel back and forth awaiting to hear from NVC on the date for interview. Would you advice we move the case to the US or still wait in line for NVC. Also my baby would be due in December? As a British can he extend his visit beyond 3months so he can help. Thank you!
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It is possible to bring your husband to the US to complete the Green Card process. The form required is Form I-129F, Petition for Alien Fiancé(e). This form, in addition, to applying for a Fiancé K-1 visa, is used to apply for a K-3 visa for a spouse.
However, I am not sure if the I-129F might be any faster than your I-130, especially since your I-130 is already at NVC and being actively processed. That is, there is a potential that you might spend the time, money, and energy and end up not benefiting from this application. That being said, the I-129F is an option that I recommend discussing with your immigration attorney.
As for your husband’s visitor extension, unfortunately, it’s not possible. I am assuming he is entering the visa waiver program, which has strict rules related to that program. Alternatively, your husband can apply for a B-2 visitor visa. The typical I-94 time frame for that visa is six months. Also, B-2 visa visitors can extend their visit for six months. That should give him a year in the US.
I recommend you talk to an immigration attorney to identify all your options. Most immigration attorneys offer a free consultation so you can get your questions answered for free.
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Greg Dann, Esq., MBA
Immigration Attorney
GAD Legal, LLC
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Gdann@gadlegal.com
Office: (888) 315-4828
Fax: (412) 847-5885
Answered on Aug 23rd, 2022 at 2:14 PM