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billystevenson

Is it permissible to travel to the USA while a DV application is pending?

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Filed: AOS (pnd) Country: Australia
Timeline

Yes, but if you don't already have a B1 visa they may question you more at the interview. If you already have one, no problem.

i've been wondering this myself as i am also planning on visiting in July. Are we able to still use the visa waiver when we have a DV pending?

K1 Journey
20th May 2013: I-129F sent to Dallas (US time)
23rd May 2013: Paperwork tracked and delivered to Dallas (US time)
28th May 2013: NOA1 case sent to Vermont Service Centre (US time)
4th Sept 2013: Update from USCIS-Case has been transferred to a local USCIS office...not sure which one yet
9th Sept 2013: Update from USCIS- file has been transferred and is now being processed at Texas USCIS office
23rd Sept 2013: NOA2- approved!
25th Sept 2013: Case shipped to DOS
9th Oct 2013: Packet 3 arrived via email
9th Oct 2013: Fingerprints done and Police check submitted to AFP (received in mail 30/10/13)
1st Nov 2013: Medical Appointment, (Melb) (results received in mail 15/11/13)

4th Nov 2013: Packet 3 sent to US Consulate, Sydney

5th Nov 2013: Packet 3 delivered to Sydney

8th Nov 2013: Received packet 4

19th Nov 2013: Interview scheduled- APPROVED dancin5hr.gif ...happy birthday for Joe! (visa received in mail 22/11/13)

Total K1 processing time- 6months, 3 days

30th Dec 2013: Entered the USA! POE: Dallas

8th March 2014 MARRIED! (L)

AOS:

7th Oct 2014: After unexpected delays, AOS package finally sent to Chicago

14th Oct 2014: Update received, I-485 accepted on 9th Oct and being processed at the National Benefits Centre

6th Nov 2014: Biometrics appointment scheduled and completed

16th Jan 2015: Letter received stating possible Interview Waiver. Informed there's a 6mth delay on processing

7th Aug 2015: Notice of Intent to deny received. Reasons given- expired Medical and new G-325A needed

11th Aug 2015: New medical completed

14th Aug 2015: Response to RFE sent back to USCIS

23rd Aug 2015: Application to Adjust status approved, Green card has been ordered

3rd Sept 2015: Greencard RECEIVED (yes it is Green!) :no:

Total AOS Processing time- 11 months

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i've been wondering this myself as i am also planning on visiting in July. Are we able to still use the visa waiver when we have a DV pending?

Sorry don't know about that, I come from a country where we need visas.

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Filed: AOS (pnd) Country: Australia
Timeline

ok thanks anyway SusieQQQ

K1 Journey
20th May 2013: I-129F sent to Dallas (US time)
23rd May 2013: Paperwork tracked and delivered to Dallas (US time)
28th May 2013: NOA1 case sent to Vermont Service Centre (US time)
4th Sept 2013: Update from USCIS-Case has been transferred to a local USCIS office...not sure which one yet
9th Sept 2013: Update from USCIS- file has been transferred and is now being processed at Texas USCIS office
23rd Sept 2013: NOA2- approved!
25th Sept 2013: Case shipped to DOS
9th Oct 2013: Packet 3 arrived via email
9th Oct 2013: Fingerprints done and Police check submitted to AFP (received in mail 30/10/13)
1st Nov 2013: Medical Appointment, (Melb) (results received in mail 15/11/13)

4th Nov 2013: Packet 3 sent to US Consulate, Sydney

5th Nov 2013: Packet 3 delivered to Sydney

8th Nov 2013: Received packet 4

19th Nov 2013: Interview scheduled- APPROVED dancin5hr.gif ...happy birthday for Joe! (visa received in mail 22/11/13)

Total K1 processing time- 6months, 3 days

30th Dec 2013: Entered the USA! POE: Dallas

8th March 2014 MARRIED! (L)

AOS:

7th Oct 2014: After unexpected delays, AOS package finally sent to Chicago

14th Oct 2014: Update received, I-485 accepted on 9th Oct and being processed at the National Benefits Centre

6th Nov 2014: Biometrics appointment scheduled and completed

16th Jan 2015: Letter received stating possible Interview Waiver. Informed there's a 6mth delay on processing

7th Aug 2015: Notice of Intent to deny received. Reasons given- expired Medical and new G-325A needed

11th Aug 2015: New medical completed

14th Aug 2015: Response to RFE sent back to USCIS

23rd Aug 2015: Application to Adjust status approved, Green card has been ordered

3rd Sept 2015: Greencard RECEIVED (yes it is Green!) :no:

Total AOS Processing time- 11 months

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ok thanks anyway SusieQQQ

This page is about VWP. http://travel.state.gov/visa/temp/without/without_1990.html

If I read this point correctly, it suggests you need to apply for a visa rather than use the waiver program:

"When Should I apply for a visa instead of using the VWP?

Travelers who are eligible for the VWP may apply for a visitor (B) visa, if they prefer to do so.

If you do not meet all of the VWP requirements, then you must apply for a visa. As examples, you need a visa when the traveler:

....

Wants to work or study in the United States, travel as a working foreign media representative, come to the United States for other purposes not allowed on a visitor visa, or intends to immigrate to the United States;"

It's not entirely clear if it refers to intent to immigrate on the trip using the VWP or in general, but I'd say check with the consulate. You don't want to possibly jeopardize the GC.

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Filed: Other Country: Australia
Timeline

Hi SusieQQQ and littlej - yes, that was my uncertainty too, whether "intent to immigrate" meant intent to immigrate on *that* trip or at any time in the future. I might just contact the consulate about what's required.

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  • 2 weeks later...
Filed: AOS (pnd) Country: Australia
Timeline

Hi SusieQQQ and littlej - yes, that was my uncertainty too, whether "intent to immigrate" meant intent to immigrate on *that* trip or at any time in the future. I might just contact the consulate about what's required.

Hi Billystevenson did you find out any more info about this?

K1 Journey
20th May 2013: I-129F sent to Dallas (US time)
23rd May 2013: Paperwork tracked and delivered to Dallas (US time)
28th May 2013: NOA1 case sent to Vermont Service Centre (US time)
4th Sept 2013: Update from USCIS-Case has been transferred to a local USCIS office...not sure which one yet
9th Sept 2013: Update from USCIS- file has been transferred and is now being processed at Texas USCIS office
23rd Sept 2013: NOA2- approved!
25th Sept 2013: Case shipped to DOS
9th Oct 2013: Packet 3 arrived via email
9th Oct 2013: Fingerprints done and Police check submitted to AFP (received in mail 30/10/13)
1st Nov 2013: Medical Appointment, (Melb) (results received in mail 15/11/13)

4th Nov 2013: Packet 3 sent to US Consulate, Sydney

5th Nov 2013: Packet 3 delivered to Sydney

8th Nov 2013: Received packet 4

19th Nov 2013: Interview scheduled- APPROVED dancin5hr.gif ...happy birthday for Joe! (visa received in mail 22/11/13)

Total K1 processing time- 6months, 3 days

30th Dec 2013: Entered the USA! POE: Dallas

8th March 2014 MARRIED! (L)

AOS:

7th Oct 2014: After unexpected delays, AOS package finally sent to Chicago

14th Oct 2014: Update received, I-485 accepted on 9th Oct and being processed at the National Benefits Centre

6th Nov 2014: Biometrics appointment scheduled and completed

16th Jan 2015: Letter received stating possible Interview Waiver. Informed there's a 6mth delay on processing

7th Aug 2015: Notice of Intent to deny received. Reasons given- expired Medical and new G-325A needed

11th Aug 2015: New medical completed

14th Aug 2015: Response to RFE sent back to USCIS

23rd Aug 2015: Application to Adjust status approved, Green card has been ordered

3rd Sept 2015: Greencard RECEIVED (yes it is Green!) :no:

Total AOS Processing time- 11 months

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Filed: Other Country: Australia
Timeline

I've called the consulate and from what I understand it's fine to apply for a Visa Waiver while a Diversity Visa is pending. However, there's always a possibility that you'll be refused entry at customs, so I'm going to bring a copy of my contract of employment and my lease, possibly along with a letter from my employer and real estate agent, to make it clear that I intend to return to Australia at the end of this trip.

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Filed: Citizen (apr) Country: Ireland
Timeline

It is absolutely fine to use the VWP to travel to the USA while another visa is pending and to interview, look at schools and houses etc.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: Citizen (apr) Country: Nigeria
Timeline

You should be fine. If your number is very high there is a chance that although you are selected you won't get a visa and you will find many employers aren't interested in talking to you unless your visa is a sure thing . Hopefully by then you have been given notice that your number is current or will be shortly

This will not be over quickly. You will not enjoy this.

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Filed: AOS (pnd) Country: Australia
Timeline

thank you Penguin and Nigeriaorbust...that is what i plan to do as well Billy

K1 Journey
20th May 2013: I-129F sent to Dallas (US time)
23rd May 2013: Paperwork tracked and delivered to Dallas (US time)
28th May 2013: NOA1 case sent to Vermont Service Centre (US time)
4th Sept 2013: Update from USCIS-Case has been transferred to a local USCIS office...not sure which one yet
9th Sept 2013: Update from USCIS- file has been transferred and is now being processed at Texas USCIS office
23rd Sept 2013: NOA2- approved!
25th Sept 2013: Case shipped to DOS
9th Oct 2013: Packet 3 arrived via email
9th Oct 2013: Fingerprints done and Police check submitted to AFP (received in mail 30/10/13)
1st Nov 2013: Medical Appointment, (Melb) (results received in mail 15/11/13)

4th Nov 2013: Packet 3 sent to US Consulate, Sydney

5th Nov 2013: Packet 3 delivered to Sydney

8th Nov 2013: Received packet 4

19th Nov 2013: Interview scheduled- APPROVED dancin5hr.gif ...happy birthday for Joe! (visa received in mail 22/11/13)

Total K1 processing time- 6months, 3 days

30th Dec 2013: Entered the USA! POE: Dallas

8th March 2014 MARRIED! (L)

AOS:

7th Oct 2014: After unexpected delays, AOS package finally sent to Chicago

14th Oct 2014: Update received, I-485 accepted on 9th Oct and being processed at the National Benefits Centre

6th Nov 2014: Biometrics appointment scheduled and completed

16th Jan 2015: Letter received stating possible Interview Waiver. Informed there's a 6mth delay on processing

7th Aug 2015: Notice of Intent to deny received. Reasons given- expired Medical and new G-325A needed

11th Aug 2015: New medical completed

14th Aug 2015: Response to RFE sent back to USCIS

23rd Aug 2015: Application to Adjust status approved, Green card has been ordered

3rd Sept 2015: Greencard RECEIVED (yes it is Green!) :no:

Total AOS Processing time- 11 months

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