Travel To U.S. without using approved Immigrant Visa

[pop0002 0]

Hello,

My Japanese wife was recently approved an CR-1 Immigration Visa. We are planning to move back to the U.S. permanently at the end of May this year, but we will also travel to the U.S. on vacation in early April for approximately 10 days for my brother's wedding, then return to Japan before finally moving in May.

For our trip in April, we would like to know if it is possible for her to enter the U.S. using her non-immigrant visa status instead with her Immigrant Visa, since she is not planning to immigrate to the U.S. yet.

Thanks in advance for any wisdom you can share.

-pop0002

Edited April 5, 2012 by pop0002

[canadian_wife 1,831]

Why would she need to travel on a non-immigrant visa?

Why not travel with her Cr-1 visa, it allows for immediate travel anyway, she'd be free to leave when she likes and return when you are ready to move. THe stamp in her passport will be good for 1 year

Good luck

PS - no, I do not believe she can travel on the VWP with an approved immigrant visa. I believe this HAS happened only with a few cases but they were Canadians under special circumstances.

[pop0002 0]

Why would she need to travel on a non-immigrant visa?

Why not travel with her Cr-1 visa, it allows for immediate travel anyway, she'd be free to leave when she likes and return when you are ready to move. THe stamp in her passport will be good for 1 year

Good luck

PS - no, I do not believe she can travel on the VWP with an approved immigrant visa. I believe this HAS happened only with a few cases but they were Canadians under special circumstances.

It's kind of silly, but one of the reasons she wants to travel on her non-immigrant visa is to avoid bringing the paperwork from the Consular's Office for this trip since it is in a big envelope.

If she needs to go ahead and get her CR-1 visa stamped by CBP, in your experience, how long does it take to get it done? Our Port of Entry (POE) is not our final destination and we will need to catch a connecting flight. We only have a 1-hour layover, so I'm afraid it won't be enough time. I've heard it could take anywhere from an hour to several hours to get it stamped.

Thanks again.

[canadian_wife 1,831]

It depends on the POE, if it is a major airport like Chicago, New York or Atlanta, nope, no way. THey are too busy of airports to get processed in 1 hour

Good luck

[pop0002 0]

It depends on the POE, if it is a major airport like Chicago, New York or Atlanta, nope, no way. THey are too busy of airports to get processed in 1 hour

Good luck

Thanks! The POE is IAD - Dulles Airport in Washington, D.C. I'm going to see if I can change my reservation to get a longer layover, just in case.

[Penguin_ie 6,005]

Previous answer is correct, she won;t be able to use the VWP.

One hour is tight, but it can be done, especially in a smaller airport and if there are no other international flights immediately preceding yours. We went through Newark and were done before our lugage was even on the carousel.

[pop0002 0]

I spoke with a CBP representative today and they stated that it would be fine to enter the U.S. with the VWP as long as we explain to the CBP officer at the POE that she will only be staying in the U.S. for a few days on vacation and that we will immigrate/move to the U.S. in May. I hope she's right.

Have you heard of anyone else being denied entry with a VWP when they had an approved immigrant visa?

Thanks.

[Penguin_ie 6,005]

I've heard of people being denied travel from Canada (they have something similar but different to the VWP). I don't think I know anyone who has attempted it on the VWP, to be honest. I would at the very least bring the envelope with you, because you really don;t want to be refused and have to take the next plane back.....

[pushbrk 14,259]

I spoke with a CBP representative today and they stated that it would be fine to enter the U.S. with the VWP as long as we explain to the CBP officer at the POE that she will only be staying in the U.S. for a few days on vacation and that we will immigrate/move to the U.S. in May. I hope she's right.

Have you heard of anyone else being denied entry with a VWP when they had an approved immigrant visa?

Thanks.

Playing with fire here. Bring the package and get the visa stamped. NEVER arrange less than 3 hours layover for ANY international arrival followed by a domestic flight at ANY POE, unless you don't care about a possible delay of up to a day before continuing your travel.

[aaron2020 11,652]

I spoke with a CBP representative today and they stated that it would be fine to enter the U.S. with the VWP as long as we explain to the CBP officer at the POE that she will only be staying in the U.S. for a few days on vacation and that we will immigrate/move to the U.S. in May. I hope she's right.

Have you heard of anyone else being denied entry with a VWP when they had an approved immigrant visa?

Thanks.

Do a cost/benefit analysis. What is the safest route?

If your wife uses her immigration visa, she automatically becomes a green card holder which entitles her to freely travel to and from the US. She will not be refused entry. All you have to do is change your flights to allow for her to be processed. She can visit the US, leave, and come back later permanently.

If your wife uses the VWP, she may not be admitted without the package.

Which is better to you?

[canadian_wife 1,831]

I spoke with a CBP representative today and they stated that it would be fine to enter the U.S. with the VWP as long as we explain to the CBP officer at the POE that she will only be staying in the U.S. for a few days on vacation and that we will immigrate/move to the U.S. in May. I hope she's right.

Have you heard of anyone else being denied entry with a VWP when they had an approved immigrant visa?

Thanks.

Yes, there have been Canadians who have been denied entry trying to enter without using their immigrant visa.

It just seems too much trouble and risk involved. Is this what you want? To leave it all up to the CBP at the time of entry? She has no right to be admitted into the US on the VWP - is this how you want to celebrate your brother's wedding?

Good luck

[grrrrreat 110]

It's kind of silly, but one of the reasons she wants to travel on her non-immigrant visa is to avoid bringing the paperwork from the Consular's Office for this trip since it is in a big envelope.

If she needs to go ahead and get her CR-1 visa stamped by CBP, in your experience, how long does it take to get it done? Our Port of Entry (POE) is not our final destination and we will need to catch a connecting flight. We only have a 1-hour layover, so I'm afraid it won't be enough time. I've heard it could take anywhere from an hour to several hours to get it stamped.

Thanks again.

This is not a good reason not to use the visa!