Jump to content
Sign in to follow this  
celtichobbit

VWP while I-130 for IR-1/CR-1 is pending?

5 posts in this topic

Recommended Posts

Hey, so I'm applying for an I-130 for my british husband and I've been looking around a bit and it almost sounds like if the I-130 is pending he could come visit on the VWP for a bit then return to the UK and after it's approved apply for his visa and it would break up the waiting a bit, is this true? or has stuff changed, I think some of the things I was looking at were older posts, but does anyone know if this is true? also, does anyone know if there is any restrictions on me going to the UK on the VWP to visit him if the petition takes a while? or do I have to stay in the US for all of that?

We're trying to be patient because we know this whole thing takes a while, and we don't have much money for trips back and forth anyway but if there's a chance we could have him come here for a few weeks or something in a couple months when/if it's still pending then that would be EXTREMELY nice. I know the rest of you know how hard it is to be so far away from your other half so I don't need to explain this much.

Anyway, thanks :)


August 2011 - Met on Facebook

December 2011- first face-to-face

December 30th 2011 - got married

January 2012 - he returned to UK

February 2012 - I went to UK to visit

May 2012 - came back home to Alaska to start the Visa application process

May 4, 2012 - changed my last name :D

May 31st, 2012 - I-130 sent off! fingers crossed & prayers sent!

event.png

Love is missing someone whenever you're apart, but somehow feeling warm inside because you're close in heart...miss you, honey <3

Share this post


Link to post
Share on other sites

Yes, he can visit.

Awesome, thank you for your quick response! :)


August 2011 - Met on Facebook

December 2011- first face-to-face

December 30th 2011 - got married

January 2012 - he returned to UK

February 2012 - I went to UK to visit

May 2012 - came back home to Alaska to start the Visa application process

May 4, 2012 - changed my last name :D

May 31st, 2012 - I-130 sent off! fingers crossed & prayers sent!

event.png

Love is missing someone whenever you're apart, but somehow feeling warm inside because you're close in heart...miss you, honey <3

Share this post


Link to post
Share on other sites

I've entered three times since I got married, twice after the I-130 was filed and had no problems. There is no law against visiting on the VWP while an I-130 is pending. Keep in mind that some CBP officers can be hesitant about letting him in from suspicion that he might try to adjust status once admitted. I never had to show anything at all, but it is advisable to have him bring some documents proving ties to the UK.

Whether the UK will allow you to visit is entirely up to the UK Border Agency. They might suspect the same, you visiting and then attempting to stay, although I don't know how they work exactly. It's my assumption that bringing your NOA1 with you as proof that he intends to move to the US might help out tremendously.

Edited by jaejayC

Share this post


Link to post
Share on other sites

I've entered three times since I got married, twice after the I-130 was filed and had no problems. There is no law against visiting on the VWP while an I-130 is pending. Keep in mind that some CBP officers can be hesitant about letting him in from suspicion that he might try to adjust status once admitted. I never had to show anything at all, but it is advisable to have him bring some documents proving ties to the UK.

Whether the UK will allow you to visit is entirely up to the UK Border Agency. They might suspect the same, you visiting and then attempting to stay, although I don't know how they work exactly. It's my assumption that bringing your NOA1 with you as proof that he intends to move to the US might help out tremendously.

How long did you stay for? a few weeks? a month? just curious, its good to know that that will be a possibility if it takes a while, which it sounds like usually this process does take a while.


August 2011 - Met on Facebook

December 2011- first face-to-face

December 30th 2011 - got married

January 2012 - he returned to UK

February 2012 - I went to UK to visit

May 2012 - came back home to Alaska to start the Visa application process

May 4, 2012 - changed my last name :D

May 31st, 2012 - I-130 sent off! fingers crossed & prayers sent!

event.png

Love is missing someone whenever you're apart, but somehow feeling warm inside because you're close in heart...miss you, honey <3

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×