VWP visits for 3 months

[Loolinette 0]

Hello all,

I am new on this forum.

My husband is American and I'm French.

We got married on February 3rd of 2007 and first planned on living in France but then changed our minds...

On February 2nd 2008 i came to the US for 3 months on the VWP (after being appart for 1 year!) and we started the whole K3 process as soon as I arrived. (got I-130 NOA1 on 1st April 2008 and we should receive I-129F NOA1 soon too).

I had no problem at POE as this was my first time in the US and i hadn't started the immigration process yet...i just said I was here to visit my husband for 3 months and was going to work on my papers once there and thats it...no other questions asked.

Now my question is I read VWPs can only spend 6 months max in US in a year....and I was wondering if for example i stayed 2-3 months in France then came back for 2-3 months it would be very risky?

I live at my parents in France and don't have a permanent job there, so the only proof of ties to my Home country is my immigration papers and return ticket.

Thank you for your answers.

[Loolinette 0]

Anyone please ?

[Army_Wife 2]

Hello all,

I am new on this forum.

My husband is American and I'm French.

We got married on February 3rd of 2007 and first planned on living in France but then changed our minds...

On February 2nd 2008 i came to the US for 3 months on the VWP (after being appart for 1 year!) and we started the whole K3 process as soon as I arrived. (got I-130 NOA1 on 1st April 2008 and we should receive I-129F NOA1 soon too).

I had no problem at POE as this was my first time in the US and i hadn't started the immigration process yet...i just said I was here to visit my husband for 3 months and was going to work on my papers once there and thats it...no other questions asked.

Now my question is I read VWPs can only spend 6 months max in US in a year....and I was wondering if for example i stayed 2-3 months in France then came back for 2-3 months it would be very risky?

I live at my parents in France and don't have a permanent job there, so the only proof of ties to my Home country is my immigration papers and return ticket.

Thank you for your answers.

Hi,

There's a ton of postings around concerning travel to the US while your visa is pending. But basically, unless you have strong ties to your country (immigration paperwork is probably not classed as a tie), it's very risky as they will know at POE that you have a visa peition pending as soon as they scan your passport .... the fact you're looking at moving there in the future, makes you high risk in some of the Officers eyes that you may just decide to stay.

A lot of people get through, but there are some that don't.

I am also in a VWP country, but won't risk it due to not having strong enough ties .... though I have bills, house rental agreement and bank accounts etc.

On the next set of forms for NVC you have to mention if you were ever refused entry at POE.

Basically, for you to get through POE, it will all depend on the mood of the Officer that day, so you're looking at 50/50 of getting in or not.

I also understand that once you get refused on VWP, you can't use it again, but as you're looking to move there within a year, I guess it doesn't matter.

I hope this helps answer your query.

[Loolinette 0]

Thank you for your answer.

I think I'm going to try it, my husband and I having already been apart the year before, I don't really want the next year to be the same

You say on the next set of forms for the NVC they'll ask if i was ever denied entry at POE, which forms do u mean ? or did u mean the forms i'll have to send to the Embassy in France from the packet? And do you know if they could refuse to give me my visa because of that?

Laura

[Army_Wife 2]

Thank you for your answer.

I think I'm going to try it, my husband and I having already been apart the year before, I don't really want the next year to be the same

You say on the next set of forms for the NVC they'll ask if i was ever denied entry at POE, which forms do u mean ? or did u mean the forms i'll have to send to the Embassy in France from the packet? And do you know if they could refuse to give me my visa because of that?

Laura

On the DS-230 part II question 32 states "Have you ever been refused admission to the United States at port-of-entry?". This form is for the NVC stage.

If you get refused entry at POE on the VWP, you'll need to write this on there .... I can only presume that it will mean a couple of extra checks (F.B.I. etc) and therefore a possible delay to your visa.

As you're applying for K3, you probably won't need to fill out this question at this stage, unless you decide to go for CR1/IR1 instead.

Also, if you get refused on a VWP, you are not supposed to be able to use it again and you will have to apply for a B2 visitors visa at the Embassy in France to be able to visit again.

Whether they will give you one or not is unknown as most embassies do not give them out as you've already applied to move the US in the future.

Whether you get in or not is truly up to the Immigration Officer at POE at the moment you're in front of them. If you are refused, you will need to pay for the return ticket out of your own pocket too and will be shipped back ASAP to France.

If you're able, you would probably be more sensible to fly via Dublin (Delta airlines direct from Dublin) as you go through US POE at Dublin and they seem pretty nice when I've spoken to them on the phone. Delta apparently is the only airline that seems to always use US POE from Dublin into the States. Plus, you'll know if you've got through POE before starting the Trans-Atlantic part of your flight. Just make sure the flight is direct into the US and flies out before midday as US POE at Dublin closes around midday.

Like I said, most get through .... but there are some who don't.

I know it's hard, but you'll find most of us on this website are all in the same boat, hence moaning about the slowness of the system. We're all fully aware of what it feels like to not be able to start our lives with our Husbands/Wives until this process is over, and there's a ton of situations where kids are involved too.

I noticed that you're at CSC, and if you look at some of the postings, they seem to have started approving January filers already, so, your approval may not be as far away as you think.

So, I'd also start preparing all your paperwork for your next stage of processing, just incase you get an approval in the next few weeks.