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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109662
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Just so I understand because frankly I dont, what is the reason

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Just so I understand because frankly I don't, what is the reason it would be a bad idea for my husband to move over with me and apply to stay from there please (I noticed in the paperwork/forms it says something like is the other party in the USA already)? Is proceeding with the paperwork via the longer 8-10 month method the best method definitely?
Well, now you have me confused. You have 2 options, generally, the K-3 and the IR-1. Which one are you referring to? He is not supposed to use a B-2 tourist visa or ESTA Visa Waiver to enter the U.S. if his intention is to stay. IF he can make it in, he can apply for Residency inside, but the issue is that it is risky to try to make it in with an ESTA or B-2. If they catch him with the intent to stay or worse, in a lie, they can send him back with no penalty, a 5 year penalty, or a permanent penalty and then he would need a waiver to come back if he has a 5 year or permanent penalty.
Customer: replied 3 years ago.

ok i think i get it now! thank you

Ok. If you are sure, then please do not forget to rate me positively again. If you are not sure, then please ask me additional questions. Thank you!
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