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murphyflanagan

Visiting the USA while waiting on IR1 application

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Filed: Country: United Kingdom
Timeline

Hello,

My wife and I are married and living in London. My wife has just got herself an apartment in Texas where we plan to live and start a life together. I am going to continue to work and live at home in England while we wait for our IR1 green card application to come through.

I have researched online but can't the straight answer that I require. I want to know if I can visit my wife in Texas, I would plan to go for two weeks on two occasions (most likely) before I receive my green card. Seeing as I am English I dont ever require a Visa to visit the United States. Would be able to visit on a visting Visa? Would you think it likely of I could prove my intent to return home to London after each visit?

Many thanks in advance! :thumbs:

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Filed: Country: Vietnam (no flag)
Timeline

Hello,

My wife and I are married and living in London. My wife has just got herself an apartment in Texas where we plan to live and start a life together. I am going to continue to work and live at home in England while we wait for our IR1 green card application to come through.

I have researched online but can't the straight answer that I require. I want to know if I can visit my wife in Texas, I would plan to go for two weeks on two occasions (most likely) before I receive my green card. Seeing as I am English I dont ever require a Visa to visit the United States. Would be able to visit on a visting Visa? Would you think it likely of I could prove my intent to return home to London after each visit?

Many thanks in advance! :thumbs:

Plenty of people have used the VWP to visit their spouses while waiting for an immigration visa. You will need to bring evidence that you intend to return to the UK after your visit to overcome any presumption that you are illegally immigrating early. Lease agreement, letter from your employer that they expect you to return, etc. Don't try to bring too much to the US on your trips; you don't want the immigration officers to think you are moving and not just visiting. Do what a visitor would do. Don't behave like a person who is moving to the US by bringing items you wouldn't need for a two weeks visit but might need for a longer stay.

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Filed: Timeline

return tickets, lease agreements/mortgage documents for property in england, your pets there, employment pay stubs and letter of employment, utility bills etc. Just have these handy when you come to visit your wife and be upfront with the immigration officer. They don t like smart asses. Other than that you should have no problem.

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Hi, I'm still in the UK & I visited my husband in the US under the VWP recently with no difficulty whatsoever. When asked what the purpose of my visit was i said i would be visiting my husband, i even chatted with the security official about my wait for the I130. I was not asked for any evidence of my return to the UK. Good luck & enjoy your visit.


10/24/2011 Married

12/15/2011 Sent I130

12/19/2011 NOA1

05/05/2012 RFE (Legible copy of divorce certificate)

06/13/2012 NOA2

177 Days at CSC

07/06/2012 NVC Received case

07/19/2012 NVC Case number assigned.

07/23/2012 DS3032 Sent by email

07/26/2012 AOS bill paid

07/30/2012 DS3032 Accepted

07/30/2012 AOS package sent to NVC

07/31/2012 Booked Medical in London for 13th August

07/31/2012 IV bill paid

08/02/2012 IV Package sent to NVC

08/13/2012 Medical completed (Need a letter from my doctor regarding a recent operation but no real problems)

08/15/2012 RFE from NVC for husbands 2011 tax returns, silly omission :(

08/31/2012 NVC Case Complete!!! Yay!!! At long last!!!

09/17/2012 Received email with interview date.

10/09/2012 ***INTERVIEW***

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No, I was not asked for other evidence either, just to show my return tickets! I had printed off the boarding cards for all my flights and showed him that. Asked me who I was visiting and where..He asked about my Visa status, so I told him I had a pending I-130 ( I did at the time)

Just be up front and don't lie!!

Good Luck!


29/7/2010 - Married.

USCIS

9/11/2011 - I-130 Sent.

16/11/2011 - NOA 1.

26/4/2012 - NOA2.

162 DAYS.

NVC

7/5/2012 - NVC recieved case.

23/5/2012 - NVC Case Number.

31/5/2012 - A.O.S Paid. (Only due to other expenses)

15/6/2012 - IV Paid. (Only due to other expenses)

18/6/2012 - A.O.S & IV Packs sent to NVC.

9/7/2012 - A.O.S & IV Packs re-sent to NVC (No thanks to the courier...)

24/7/2012 - Checklist recieved. (They actually have everything they need)

25/7/2012 - CASE COMPLETE AT THE NVC!!!!!!!!!!!!!!!!!!!!!!!!!

01/08/2012 - Case left NVC, Recieved Interview Email!!!

79 Days (Including weekends)

7/6/2012 - Medical (London)

24/09/2012 - Interview (London Embassy) CHANGED BY EMBASSY.

10/09/2012 - Interview. APPROVED!!!!!!!!!!!!!

14/09/2012 - Passport and Documents returned to me via courier.

28/09/2012 - Flights booked for Anchorage, AK!!!!!!!!!

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Filed: Timeline

The answer is that as long as you're otherwise eligible for the VWP, yes you can. You mention "tourist visa." Getting a B-2 can be extremely difficult if you have a pending I-130, so if you qualify for VWP, don't even think about a visa.

There is no law against visiting a spouse while waiting for an I-130 petition or an immigrant visa.

I visited my wife in September (before we filed though) and when I said "I'm visiting for two weeks" the officer asked "friends? family?" I said "my wife." He then asked where she was and I said "Los Angeles." He stamped my passport and said "Next!"

I'm visiting again in May. I know plenty of people have actualy been commended by the officer for being honest and upfront about mentioning their spouse initially and saying they have a pending I-130. I also know this can be a strong indicator to them of possible immigrant intent.

Many people also try to avoid the subject (You don't have to volunteer any info to them). If it's not asked, you don't have to disclose it. Trying to obviously jump around the subject too is a bad idea I would guess. Just never ever, ever lie.

Edited by jaejayC

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Filed: Timeline

Oh, and as others have said. Bring evidence of return just in case, and be aware of your packing. No evidence of return and a suitcase packed to the brink with belongings only looks like one thing.

If you're staying two weeks, pack for two weeks. Evidence of ties to the UK could include a return ticket, employment letter stating when your job expects you back, recent pay stubs, lease agreement or evidence of owned property etc.

Edited by jaejayC

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