@s huffy I have a question. Who sent him back if he was not deported? Are you saying that he left on his own as not to overstay his visa? If the latter is the case he could have adjusted his status here and didn’t need to return home.

I am not sure how a k3 visa would help or if at all it would be granted since he has an i130 on file. By filing that form show immigrant intent.

long story but he was on ESTA visa but really should not have travelled to Australia but had ill elderly mom. When he returned to Houston airport, they said he didn’t really qualify for ESTA bc he had earned money. They sent him back but was not technically deported. They told him I needed to file the I 130 and he would be there during the process. It was a weird circumstance but not an official deportation. Basically he was VERY lucky that the guy didn’t deem it a deportation. @my P

@do you think it would slow down the I-130?

check his FOIA (go to your USCIS account and go the account benefits or something like it). see what it says and search it.

I don’t believe you should do a K3. Get him the spouse visa. the i-130 won’t do anything if done alone. He will have to go through the consular process

@Gabriela Martin is the consular process longer or shorter

@Gabriela Martin what exactly would I be looking for in the FOIA? thank you so much 😊

@S Huffy Wifey most of the time the problem is not the consulate unless he’s in country where the embassy issues a lot of migrant visas its the uscis and nvc

@yasir Osman what exactly do you mean? thank you, still learning all of this 🫣

@S Huffy Wifey uscis processes k3 visa way longer than i130 so no need to worry about the consulate. which means they will process first the k3 then i130 and usually takes longer unless miracle happens.

@S Huffy Wifey I gathered he was here on ESTA and earning money is a violation of his visa. If I were you I would not slow down or rescind your i130. I would however request his immigration file to see what they wrote. This will determine how you should proceed. He had to make a difficult decision. I wish you the very best. You have my support during this journey. Where there is a will there is a way. continue pressing and don’t take no for an answer.

just renew the esta, I went to Dallas this year and even told them I have a pending i130 case waiting for approval and they were chill about it

@S Huffy Wifey FOIA is the freedom of information act. it will say for what reason he had to go back. the consular process is the right process for a spouse of a us citizen that is abroad and is requesting permanent residency. It is not necessarily faster, but since he had to go back, I would NOT do the process with him being in the US with the wrong visa (not for immigration purposes). Try to do everything right now.

what about trying for a B2 visa? @Jacob N no issues on ESTA? what are your details of your case? thx