3 week visit on VWP during I-130 process

[Sukie 1,440]

I know that visiting the US while the I-130 process is being adjudicated is doable, but must be done with care. My spouse and her twin sister are coming for a three-week stay in October. I am the USC, and am already in the US. You can see our dates in the signature below.

Here are a few points:

My same-sex spouse has changed her surname (to mine) since she last entered the US. She has gone through a legal change of name in Australia (because our US marriage certificate wasn't counted in Australia), and she has a new passport with her new surname. She has successfully registered with ESTA with the new name.

We are both retired - so she does not have a job to prove a strong tie to Australia. However, she is the owner of three properties in Australia, two of which are jointly owned with me, and two of which are rental (investment) properties that provide her income.

She has a 25 year old son, whom she adores, who still lives in Australia. She has 4 siblings and their families as well. Unfortunately, her elderly mum died this summer, so she doesn't have that tie anymore.

She suffered a stroke in June (from which she is totally recovered), and they found a hole in her heart, which was closed with a device in July. To the best of my knowledge, she will still be under the care of a doctor or doctors when she comes to the US (meaning, she may have appointments with them in her calendar)

Questions:

1. When she enters the US, and her fingerprints are taken, do they just take an imprint, or will there be a flag raised because someone with similar prints with similar names (her first and middle names are the same) shows up?

2. We assume she should have an original copy (with official seal) of her change of name from the Department of Births, Deaths, and Marriages. Should she also carry her old (cancelled) passport?

3. Since she does not work, and given the facts above, what kind of paperwork should she carry with her to demonstrate ties back home? How creative do we need to be?

Quite frankly, because she and her twin look and act so much alike, and because they will approach the immigration officer together, we are hoping that the officer will be totally charmed. And, because it is a short stay, there will not be any alarm bells raised.

We are not trying to get away with anything. We have NO intent to try to adjust status under the VWP. Though it seems to take forever, we are following the IR-1/CR-1 process and rules. She will return to Australia and wait until her interview in Sydney.

Any advice for preparation on entry would be welcome. Many thanks.

Sukie

[Harpa Timsah 13,258]

Hi Sukie!

1. They do an electronic fingerprint scan. I am not sure exactly how it works with different names, but she can explain she changed her name and the person whose fingerprints match is her. People change their names and travel so I am sure there is a procedure for it and not a big deal.

2. I think bringing the name change doc just in case is a good idea, though I doubt they'll ask for it, but you never know. I don't think she also needs her old passport.

3. I think the fact that she can say she has a CR-1 in process will put them at ease. Probably she also has a pattern of visiting the US correctly, which will go a long way too.

I hope she has a great trip.