Visiting the USA whilst visa is being processed

[hayezdreamz 0]

I'm really confused!

Background: My visa is currently with the NVC for processing, I'm at the stage where I have to pay the processing fee before they will send me the packet to complete for them to process.

I don't know if I am allowed to travel to the US whilst my visa is being processed for a holiday? My husband is graduating and it's our one year anniversary and I wished to share this with him (just a week!) I've looked through the USCIS website, the CBP website, the homeland security website and a few other US government websites and it doesn't say either or. I rang the US embassy in London and the lady said "That it's up to the POE if they want to let me in and I'd have to have enough documents"

Which is fair enough - although I can't find anywhere that gives any advice on what the right evidence documents would be.

I have a return ticket, my husband will be returning to england with me when I go (he's staying for 2 months) and we are sat next to me, so I will have his ticket too. But what else should I take?

Would my loan agreement be ok? (it shows how much I have to pay in total and when the payments are due till)

Would a credit card statement also be ok?

I want advice on all the types of documentation that I should take with me as evidence that I intend to return home? Also will the fact that the NVC haven't started to fully process my application and that I am not able to adjust my status whilst in the US be good evidence?

Thank You

Poppy

[Ling Ling 22]

Being from a Visa Waiver Program (VWP) country,

you're free to visit the US anytime for up to 6 months in a calendar year.

Of course there's the caveat that you could be denied entry at anytime,

but as long as you don't start bragging about your pending immigration visa,

and haven't been denied entry in the past, you shouldn't have any problems.

THAT SAID, it's always a good idea to have documents available that prove

your ties to the UK, and that you have a reasonable intent NOT to immigrate

on VWP entry.

The best documents to carry will show an obligation to employment as well

as an obligation to housing in the UK.

Speaking of your marriage to a USC spouse, or showing his ticket, may not be in your best interest.

[Gemmie 142]

I've been looking all overthose websites too, looking for something concrete but there's nothing. It's all worded purposely vague.

For instance, I found after reading all of the possible things they could deny me for... there's actually nothing on there that fits with me. I would never misrepresent, have never overstayed, no criminal record, I have "documentation" such as passport, return ticket, housing contract, school contract, letters from family/teacher... BUT they can still deny me based on (I don't remember the exact wording or part of the IRA): Visitors are assumed to be intending immigrants and were not convinced otherwise. How vague is that?? If one officer is having a bad day and decides to refuse me entry, there is always a charge to slap on.

I've tried to get my fiance to call up the Border Protection at Boston Logan, but when he did, a very rude man told him that he couldn't put him through.. my fiance asked if he knew of the correct number to call then, and the man said "no" and hung up on him! He's going to try again today to find out more..

Basically, bring something that shows housing, education/employment, money etc in the UK. Other than that, welcome to the party of assumed intending immigrant intent.

[Ling Ling 22]

Sorry Gemmie, but you're pretty much correct.

You can be denied just because your perfume reminded the Immigration Officer of his ex-girlfriend.

The reality is, being from the UK, not having a criminal record, not having previously overstayed, etc.,

the likelihood of your being turned away is rather slim.

I lived in North Finchley for a spell, and have loads of friends from the UK.

I've never known any of them to be turned away.

Matter of fact, it's often more common for Canadians (especially passing through Toronto) to be denied entry, than UK citizens.

I really wouldn't lose any sleep over coming to the US on holiday, but it's absolutely prudent to bring your supporting documents.

Edited December 4, 2008 by Ling Ling

[KristinL 0]

My Canadian fiance and I have discussed him staying here in the US for a few months while we wait for the NOA2. There is no problem with getting letters from the employer and a copy of his existing lease agreement, plus paid rent through the time he would be in the states. We realize he could be turned away at the POE (likely Detroit or Buffalo, via bus ). Does anyone have any stories or suggestions to share for an extended stay while waiting on a K-1 NOA2? I'd love some more input. I've read the FAQs and many people's questions and answers on visiting during the waiting process. Just looking for advice concerning the longer visits...

Thanks! Best Wishes to all.

[rocks 494]

take anything you can that proves ties to home, a letter from your employer saying when you are expected back to work or a rental agreement/mortgage for where you live. i'd also take something relating to the graduation to show when/where it is happening. i'm sure a graduation is a legitimate enough reason to visit.