I-130/IR-1 received but can I travel on a VWP?

[Martin Cr 0]

Hi VJers,

I'm examining the risks of attempting an "early" entry into the US.

I have an existing Electronic System for Travel Authorization (ESTA) which I used to visit back in October.

I now have my IR-1 Immigrant Visa (IV) taking over a whole page of my passport so it's unlikely the immigration officer at port of entry will miss it. It'll most likely be flagged up when they scan the passport.

I want to travel at the end of January for work interviews for a few days - but can't endorse my IV (not travelling with spouse).

Does this sound possible? Or will I get into trouble, denied entry, etc.?

Thanks!

[The Mean Lady 604]

Maybe I'm confused about something but you don't need to be in the presence of your spouse to go through the paperwork turn in at the border.

[caly 48]

Maybe I'm confused about something but you don't need to be in the presence of your spouse to go through the paperwork turn in at the border.

I believe (and I may be wrong!) that the USC spouse has to enter before or with CR-1 holder.

OP: Not sure if you will be able to enter on the VWP. Maybe someone more knowledgeable can provide an answer. BTW, congrats on your visa approval!

Edited to add: Did a quick search of the forums and found a similar thread here! The consensus is that it's possible but totally at the discretion of the CBP officer at your POE. Be prepared to have your request denied if you do try it.

Edited January 15, 2013 by caly

[The Mean Lady 604]

I have seen a ton of beneficiaries cross into the US w/o their spouse.

I guess I just can't understand WHY you wouldn't endorse it.

It's not like you're stuck there. You can leave at any point...

[Martin Cr 0]

Just to try and avert any confusion:

I would to travel to attend a job interview.

This is a month before I am due to travel with my USC spouse.

Hope that helps.

[Penguin_ie 6,001]

I have seen a ton of beneficiaries cross into the US w/o their spouse.

I guess I just can't understand WHY you wouldn't endorse it.

It's not like you're stuck there. You can leave at any point...

Because CBP may not let him. A spousal visa is for a family/ couple of move to the USA together, not for the foreign spouse to move there. As mentioned above, the US citizen spouse is supposed to move before or at the same time as the beneficiary- so (almost) all the beneficiaries you saw cross by themselves would have come after the US citizen.

That being said... OP: I doubt you can use the VWP. There have been cases where the CBP allowed it, but do not count on it. Your best bet would be to show concrete proof that your US spouse will move with you a month later (airline bookings, arrangements for furniture to move, kids enrolled in school already etc). At the same time, don;t show said proof unless asked. They may just process you without asking.