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Visa Question

 
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seoulsucker



Joined: 05 Mar 2006
Location: The Land of the Hesitant Cutoff

PostPosted: Wed Jun 18, 2014 3:39 am    Post subject: Visa Question Reply with quote

Here's the short and ugly version:

1.) Married to a Korean
2.) 1 year old daughter
3.) Want to make a temporary move back to the US (get a brick and mortar MATESOL, spend time with US family, expose my daughter to English language during crucial formative years, etc.)
4.) Wife can't travel on visa waiver because some past transgressions (was denied entry after a shady broker fudged her family's documents in an attempt to get them tourist visas years ago)

My question is, which is the best route for us to take? Should she apply for a green card even though we are only planning on living there a year or two then moving on? Or is there a non-immigrant visa that fits our plan/needs?

I'm not sure which route to go here.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Jun 18, 2014 3:51 am    Post subject: Re: Visa Question Reply with quote

seoulsucker wrote:
Here's the short and ugly version:

1.) Married to a Korean
2.) 1 year old daughter
3.) Want to make a temporary move back to the US (get a brick and mortar MATESOL, spend time with US family, expose my daughter to English language during crucial formative years, etc.)
4.) Wife can't travel on visa waiver because some past transgressions (was denied entry after a shady broker fudged her family's documents in an attempt to get them tourist visas years ago)

My question is, which is the best route for us to take? Should she apply for a green card even though we are only planning on living there a year or two then moving on? Or is there a non-immigrant visa that fits our plan/needs?

I'm not sure which route to go here.


If she is ineligible to enter the U.S. on the visa waiver program, she may apply for a waiver of ineligibility.

This will involve completing Form I-192, "Advance Permission to Enter the U.S. as a Non-Immigrant."
http://www.cbp.gov/travel/international-visitors/admission-forms
http://www.uscis.gov/sites/default/files/files/form/i-192.pdf

There is a fee and it may take several months to process your application.

Waiver application forms are available from any port of entry to the U.S., the Embassy of the United States of America, or one of its consulates.
contact the embassy for current information.

Getting an immigrant (K3/CR1/IR1) visa to bring her in is costly and time consuming and may cause problems later should you leave and then try to return again on an immigrant visa.

.
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seoulsucker



Joined: 05 Mar 2006
Location: The Land of the Hesitant Cutoff

PostPosted: Wed Jun 18, 2014 5:30 am    Post subject: Reply with quote

First and only response I need from the one user I was hoping would chime in. Cheers!

For the I-192 thing, do you know the length she can possibly stay?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Jun 18, 2014 8:23 pm    Post subject: Reply with quote

seoulsucker wrote:
First and only response I need from the one user I was hoping would chime in. Cheers!

For the I-192 thing, do you know the length she can possibly stay?


Sorry, no, I don't know the answer but...

The I-192 gives advance permission to enter only.
It is not a visa but takes care of the inadmissibility issue.

I THINK (don't quote me) that she still only gets 90 days (reciprocal treatment).

.
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