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Immigration Issues/K3 visa and entry on visa waiver

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Question
I am a US citizen residing in the US...if after I submit an I-130 and then an I-129F for consular processing of a K3 for my spouse who lives in France...can she come to visit me in the US for 2 weeks via an I-94 visa waiver while waiting for thr K3 visa?

Answer
Hi,

Entry on a visa waiver is not permitted for persons who have an intention to immigrate to the U.S. If the officer at the port-of-entry discovers that a K3 petition has been filed, entry to the U.S. may be denied.

Your spouse should enter only on K3 visa.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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