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Traveling Back To U.S. on Vacation After Being Out of Status

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  • Traveling Back To U.S. on Vacation After Being Out of Status

    Hi Everyone.

    I am a U.S. citizen. My wife is a French citizen, and our two children are U.S. citizens. My wife and I were married in the U.S. in 2001, but we never filed to get her a green card and permanent residency as a result of our marriage. She did not work, but we filed jointly on tax returns for all those years (she has a Tax ID number). We lived in the U.S. for 14 years and did not travel back to Europe. Last year, however, we moved back to Europe and currently live there.

    We were thinking about maybe taking the kids to Disney World for a week sometime in the next year. If we did so, do you think she would have problems getting in -- is there likely a red flag on her? If so, is it something that we could "fix" ahead of time in our U.S. consulate?

    Thanks in advance for your help!

  • #2
    With what visa or Visa Waiver status were you planning to return to the U.S.? Since she was a lengthy visa overstay previously, you have to assume she will have a problem reentering the U.S. when you apply for a visitor ivsa or update Visa Waiver status.

    --Ray B

    Originally posted by rcncopywriting View Post
    Hi Everyone.

    I am a U.S. citizen. My wife is a French citizen, and our two children are U.S. citizens. My wife and I were married in the U.S. in 2001, but we never filed to get her a green card and permanent residency as a result of our marriage. She did not work, but we filed jointly on tax returns for all those years (she has a Tax ID number). We lived in the U.S. for 14 years and did not travel back to Europe. Last year, however, we moved back to Europe and currently live there.

    We were thinking about maybe taking the kids to Disney World for a week sometime in the next year. If we did so, do you think she would have problems getting in -- is there likely a red flag on her? If so, is it something that we could "fix" ahead of time in our U.S. consulate?

    Thanks in advance for your help!

    Comment


    • #3
      Traveling Back To U.S. on Vacation After Being Out of Status

      Originally posted by rayb View Post
      With what visa or Visa Waiver status were you planning to return to the U.S.?

      --Ray B
      Hiya Ray, and thanks for your reply. Since she is a French citizen and doesn't need to apply for the standard 3-month travel visa, I was hoping that she could just come in on her passport, since we'll only be visiting for a week or so.
      Last edited by rcncopywriting; 07-07-2014, 09:01 AM.

      Comment


      • #4
        Then your wife will be entering on a Visa Waiver status. She will need to do a pre-clearance ESTA formality to insure that her visa waiver status will be recognized.
        Go to the following link: https://esta.cbp.dhs.gov/esta/

        --Ray B

        Originally posted by rcncopywriting View Post
        Hiya Ray, and thanks for your reply. Since she is a French citizen and doesn't need to apply for the standard 3-month travel visa, I was hoping that she could just come in on her passport, since we'll only be visiting for a week or so.

        Comment


        • #5
          Thanks!

          Originally posted by rayb View Post
          She will need to do a pre-clearance ESTA formality to insure that her visa waiver status will be recognized.


          --Ray B
          Many thanks, Ray! That is a huge help. Have a great day.

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