Visiting Spouse in US under VWP while I-130 is pending?

[Mr.Gabs 0]

That's it i have dual citizenship Argentine/Spanish so i'm planning visiting my wife in March. That would affect my process? I've been reading that a lot of people visited their spouses while I-130 pending under Visa Waiver Program and you should show sometimes evidence at the POE to the immigration officer that you're going back. I have the lease of my apartment as an evidence also the NOA1 letter. I'm employed right now but i will quit to be able to go in march so i won't have a letter of my employer.

Well i would like some advice, thanks in advance.

[canadian_wife 1,795]

Hey! I think the more evidence you have the better. So if you don't have the letter from an employer anymore, what about ties to a school? Or a bank account in your home country?

Some people have no issies entering, others have heaps. It all depends on the day and sometimes on the mood of the agent involved.

Good luck

[Mr.Gabs 0]

Thanks canadian_wife. I'm done with school i graduated October 2008, i'm waiting for my diploma maybe i can go to school and get something stating that my diploma is in process and i have to get in person. Yeah it's really true about the mood of the agent a year ago when i went to the US the agent treated me like sh*t and a criminal was really rude, my POE was in Houston,TX.

What i find kind stupid is why would stay if is really evident that we are trying to follow the law doing the whole process of I-130. Would be the stupidest thing that you can ever do is over stay while you I-130 is pending and you are half way or less to get approved.

PS: candian_wife hope you get approval soon good luck, thanks for the reply. By the way what city of canada are you from?

Edited January 22, 2009 by Gabriel Milanese

[canadian_wife 1,795]

I'm currently living and working in Toronto.

Like I said, the more ties the better. If you get a letter saying that you must receive your diploma in person then I think that's good.

I am SURE a lot of people have entered with a pending I-130 with the plan of adjusting status when they are there, which is why the laws are so strict.

Have a smooth journey through USCIS!