I wanted to start a new post for this since the other thread is getting so many posts. Several people have asked whether they could travel using the visa waiver program while they have an application pending. The answer seemed to be 50/50 chance, but I wanted to share our experience.

It is 1000% legal to travel to the US under the VWP while you have an application pending. My husband travelled twice to the US while his was being processed and had no problems both times. As long as you have a return ticket booked and plan to return you should not have a problem. If it makes you feel more secure you could bring proof of your return like a lease or something. We too were worried about him travelling over especially as the last trip was only a month before his interview date, but both times he was not questioned and the fact he had an application being processed was not mentioned. I'm not even sure if the officer at POE can see that one exists.

So good luck to all of you stuck in the new DCF limbo.

Thanks for the info. I would love as much specific info on this as possible. I especially want to know: what happens at the border if entry is refused? And if the person is refused, what happens about the return flight home --- do you have to pay an enormous amount of money to have a seat on a plane immediately?

Also, do you have to "apply" for the VWP? From what I've read (on the Dept of State and the Border Control websites), VWP is just the name for the fact that citizens from some countries don't need to apply for visas to come as tourists. Am I understanding correctly?

i travelled to the U.S last June and had no problem with that VWP thing. the person just stamped my passport with something that said '90 days, blah blah' and that was that. i never had to apply for anything. he did ask, somewhat jokingly if i was here to get married and i just said no, that i was visiting friends, etc.

im also pretty worried about this.
i think its definitely doable to travel back with my husband after our wedding in a week. and as you said, how would they even know there was a visa application in processing or that you were even married at all?

i have a good mind to throw it all to the wind and when i get to the POE tell them exactly whats happened with our situation, being told a week out from our wedding that i cant move to the U.S with my husband. then tell them all theyre a pack of asses and i wouldnt live in their godamned country if i was paid.
ive got all my stuff packed and now have no job in New Zealand. what nice timing.
*deep breath*

however....my husband is what he is.
we'll deal with that. but in the mean time, id really like to be able to fly back with him and use the flights that have been paid for by his parents for me.

back to the waiting game.
just when you think everything is going well.......

id love to hear from more people who have had no trouble with visiting their husband/fiance while a visa is pending or about to be pending.

and for those who are as upset as me, my dad just made a nice point. ''he hasnt died. and its not as though the Immigration Service has mailed you a letter saying theyre never taking immigrants again and you actually cant go at all. ever.''
thanks dad.

I should add too that we got married in the US. He flew into JFK and the officer at POE asked why he was there and he was honest and said to get married. The man just said good luck and let him through.

I also do think it helps that my DH is English. I think if someone is coming from an English speaking country they don't tend to be so suspicious (sp?).

Hannah, I think if you have a return ticket they would let you in. You could always say its a honeymoon or you're having a celebration of your marriage in the US for people who couldn't make it.

Marcy, the VWP is for countries who don't need a visa. Its basically a form you fill out on the plane and hand over at POE.

i think it is worthwhile for me to use the flights i have and buy tickets home for within the 90 days.
its better to try and fail than not to try at all...

i have a better feeling about it now, since hearing of people who havnt had a problem entering the U.S while married to a USC/applying for a visa, etc.

thanks, Jess

I'm feeling better now as well since I want my wife to be able to visit me (under the VWP) since she has the time off to take while we wait (if she still has to).

Hey....

I flew into Seattle in Oct. 2006 on the VWP... I intended to get married and to leave again and apply via DCF from Denmark. I didn't really want to say all that to the officers though, so I just said that I was visiting friends. They asked me how long I would stay and I said 89 days (truthfully) They asked if I had a job back in Denmark and I said I had quit it, but that I could probably get back in. I was sent to the back for extra questioning... Who I was visiting and if I intended to work etc. In the end they let me through, but they seemed scepticle if they should.

I got married and now I'm back and now DCF is in shambles

My advice would be also to bring more evidence of your return than a return ticket, like proof of an apartment you're renting if you can.

Either way, I'd think the chances of getting through are fairly high.

Bring as much proof as you can with your ties back to your home country. Not to scare you but, believe it or not, there are plenty of VJers from Canada who have been turned at the border too. Also, do not lie because if it backfires, it might come back to bite you in the ###. It's hit and miss, no one can say 100% and the POE officer always has the final word. And definitely do not overstay your visit. Good luck.

Any ideas of what happens at the border if the foreign spouse isn't allowed to enter?

Should I try to be at the airport when he arrives, in case they want to talk to me? My city doesn't have an inat'l airport, so my husband could come through various POEs. But, if it would be good for me to be there, he should fly to Chicago -- I could drive there (3 hours.) Any thoughts?

People have talked about it a little here: http://www.visajourney.com/forums/index.php?showtopic=49838

And no, for security reasons, they won't let you into the immigration area.

This may not help, but mt finacee and myself are almost in the same boat. Our interview was scheduled for March 27th and we were planning on getting married March 23rd. I'm putting in the I129F package this week and we aren't cancelling anything just yet. We'll give it two weeks. We are distraught also and cursing ourselves for not getting married in November when I went to see her, but we didn't know about the DCF until we stopped by the Consulate when I was leaving to come back to the US

I'm guessing this is strictly for travelers from those countries on the list of "not required to have a visa to enter the US", ie, England, France, New Zealand, etc. There is no way a Chinese person can get on a plane to the US without a visa and simply waltz through customs... is there? No way, I'm dreaming if I try to believe that. Otherwise there would be 1,000 Chinese entering America every hour.

Yes - I think we're just talking about people coming from countries where tourists can come w/o a visa. Sorry....