Entering US on a tourist visa

[markmcd85 0]

I am currently in the process of applying for a green card through my wife.

She lives in Seattle and I live in the UK. We have submitted the I-130 and I want to visit her but I have been told it is risky and you can be denied entry to the US. Has anyone any experience of this? I wish to visit but the risk of spending $1000 on a flight and being refused entry seems like such a big risk to take.

Any experiences would be helpful.

[speedwell 224]

I am currently in the process of applying for a green card through my wife.

She lives in Seattle and I live in the UK. We have submitted the I-130 and I want to visit her but I have been told it is risky and you can be denied entry to the US. Has anyone any experience of this? I wish to visit but the risk of spending $1000 on a flight and being refused entry seems like such a big risk to take.

Any experiences would be helpful.

My husband is currently visiting on the Visa Waiver Program. He carried his NOA1 with him (the first notice that says your submission has been accepted for processing). There is no law saying you cannot visit on the VWP. The risk is that the officer at the port of entry may think you intend to overstay. Bring evidence that you have strong ties to the UK (a letter from your employer saying your leave is from this date to that date, your flat lease or mortgage statement, family such as children left in the UK to whom you intend to return, etc.), make certain to book a return ticket (this is an absolute requirement), and don't overpack or underpack for the duration of the trip. Be especially careful not to overstay (we booked my husband's ticket for 85 days in case of bad weather or a cancelled flight).

One thing we also did was to have him fly through Dublin. Many US-bound flights go through immigration there at the Dublin airport rather than in the US. That way if he was going to be refused, at least it would be at the beginning, not the end, of a transatlantic flight. He did have to negotiate a bit with the official (he protested that we certainly did NOT want to do anything to jeopardize our visa application!). Check with Aer Lingus which flights qualify.

After your successful visit, you will need to go home and spend at least as much time out as you spent in the US before you return.

Edited January 21, 2013 by speedwell

[JoannaV 174]

I visited my husband twice after we were married. The first time I visited for almost 90 days, and it was on that trip that we filed the I-130. The second time was for 6 weeks, after being back in the UK for 5 weeks. I never had to show anything other than my return ticket, though it is good to have other evidence with you just in case. The risk of being denied entry in your situation is low, so I would not call it "risky", however it is something that could indeed happen.

How long are planning on visiting for?

[lynndy38 64]

I drove members here crazy worrying over the same issue last September,

I flew into IAD taking flight info,showing return flight,flat lease, NOA1 proof,as many ties to the UK that I could think of and was not asked for one!!!! All I was asked was what does your husband do,then have a great holiday!!!!

There is always a slight risk you could be returned but I think its worth at least trying it always depends on the day and the officer you get.

If you have proof that you have ties here in the UK that you need to return to, then go for it!!!!

[Lou29 5]

Yup, I travelled on the visa waiver last year for 10 weeks and got through immigration just fine. I took loads of proof of my return but actually got asked nothing-typical! Coming from the UK you should be fine.

Good luck to you...

[speedwell 224]

Don't succumb to the temptation of trying to request a B visa for a longer period of time, unless you have been turned down for the ESTA already. They will likely refuse you the B visa if you qualify for the ESTA, and then with a refusal on your record you won't get to have the ESTA either. Just plan to travel on the VWP, plan your trip for less than 90 days, and don't assume you can cross the border then turn around and come back in for another 90 days... you can't do that, even if you could years ago.