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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 109364
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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I have an immigration question. I am a US Citizen. My husband

Customer Question

I have an immigration question. I am a US Citizen. My husband is British. We've been living in the UK for 15 years, so we have to apply from the US Embassy in London. We've waited 8 weeks to have our I-130 processed. We've now been told it will be another 8 weeks to get the reference number we need to finish the application process.
My sister has had triplets, and we really don't want to wait that long. My husband and I run a business in the UK that we will be closing down here and moving to the States with a business license in Iowa. Can my husband enter the country on a 3 month Business visa?
Then we could just apply for his green card when we arrive?
(I've also been exploring joining the American-British Business who said I might be able to pay to bring my husband over as an employee. That application process takes 5 days.)
Submitted: 2 years ago.
Category: US Law
Expert:  Guillermo Senmartin replied 2 years ago.

Welcome to JustAnswer! My name is***** I am a licensed attorney and I am here to help resolve your legal issue. Tackling legal issues can sometimes get cumbersome or confusing. Should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know at any time during our question and answer session if you are interested in these – I am happy to give you more details! You are NOT charged per question and you are NOT charged per response, so post at your desire! Just please remember that sometimes the law does not have an easy or convenient solution and that is not the fault of the expert. Please do not shoot the messenger.

All of that is possible, but improbable. Why? Because to use a visitor visa, the person has to have non-immigrant intent. With an I-130 filed for him, that is evidence of immigrant intent. If he tried to use a visitor visa (ESTA Visa Waiver or B-2 tourist visa) to enter the U.S., one of three things could happen if they don't let him in:

a) They will allow him to withdraw his request to enter the U.S. and he can go home, no penalty.

b) They will not allow him to withdraw his request to enter the U.S. and will order him excluded. This has a 5 year penalty that he cannot come back unless he gets a very hard to get waiver.

c) They will not allow him to withdraw his request to enter the U.S. and they catch him in a lie and they exclude him with a permanent bar due to fraud and/or misrepresentation and with that charge he cannot come back unless he gets a very hard to get waiver.

So I do not recommend that he try. Unfortunately, the I-130 immigrant process will probably take around 9 months if not more. If you filed two months ago, it will probably take a few more months before he can immigrate. You can ask that it be expedited, but that is difficult. Here is a link:

http://www.uscis.gov/forms/expedite-criteria

As far as transfer on a business visa, that would be the L-1B or L-1A and you have to have a business in the U.S. in order to transfer him to and normally, such a business would need to have a substantial investment plus have a number of U.S. employees. Most attorneys don't like taking L-1 cases that have less than a $100,000 investment and less than 3 or 4 employees (non-family members). If you have that type of business in the U.S., here is the link:

http://www.uscis.gov/eir/visa-guide/l-1-intracompany-transferee/l-1-visa

Now that I have given you an answer, you may rate me positively OR ask for additional information. Please do not rate me negatively for bad news or things that you may already know. That does not help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. You are NOT charged per question nor are you charged per response. If this seems a little complicated or overwhelming, I can also offer you an additional service for a small fee where we can speak in private over the phone or through email that may be helpful (this is a public forum where anyone can read the responses). Feel free to decline it, but if you do, please remember that I am not given a salary, so the only way that I am compensated is if you rate me positively. So at least please use the smiley faces and a bonus is always appreciated if you feel I earned it. Also, your question does NOT close just because it says, "To finish". I can still answer additional questions for you without additional charge. If I do not hear from you, I will automatically send that additional offer request. Thank you for your understanding and if you would like to request me in the future, just type: FOR GUILLERMO in the subject line and message box.

Guillermo Senmartin and other US Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you very much for confirming this with us. We have got past the 1st part of the application and are now waiting for my Husband to be given a number which can take 5-8 weeks.

We appreciate your excellent service, and if we have any further questions we will be in touch.

Expert:  Guillermo Senmartin replied 2 years ago.
Hello Maggie. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Customer: replied 2 years ago.
Hi Guillremo
I thought I had already sent a responce and thanks for your advice. We are just past the 1st stages of the application for the green card and are now waiting for us to recive a number so we can proceed with the medical and then the final interview. We are monthly paying members for this site, so if we require any additional information or advice we will contact you. We have also given you a 5 star rating for your help.
Many thanks
Maggie & ***** *****
Expert:  Guillermo Senmartin replied 2 years ago.
You are very welcome. Thank you for the positive rating. If you would like to request me in the future, please remember to put my name in the subject line and message box. Good luck to you!