Can I go to the USA on a tourist visa?

[InterfaceLeader 0]

Hi all,

So I filed an I-130, which got received on January 2nd, 2014.... it went to Nebraska.

I had assumed we'd be done and dusted very quickly (we went through the immigration process for my husband to come to the UK and the processing time for the fiance visa was less than a week!) and I went ahead and booked a boat ticket for July to get into the USA and let my work know I'd be leaving.

Now realising that actually that was a huge mistake... and that if I'm lucky I'll have a green card by the end of the year.

My question is, is there a way I can go into the states on a standard tourist visa and spend 2 months or so living with my husband? The idea of being apart for a year is horrible, I don't want to waste the boat ticket, and the reason husband went back to the States is because his mother is pretty ill. I'd really like to be with him while he goes through that.

How likely is it that I'll be approved, with the I-130 sitting in processing?

Thanks for all your help.

[lost_at_sea 995]

Yes, you can go and visit. Make sure you travel with a return ticket and some evidence of your ties home to the UK (be able to show you have a job/home etc.), in case you are questioned (most people are not).

In regards to a tourist visa:

You have a British passport? You should be able to use the VWP. Is there a reason you cannot?

[JohnR! 5,495]

If you have a GB passport you can travel to the US for a period of 90 days, under VWP. You do not need a visa for that.

Be prepared to present return ticket and other evidence that you intend to return after your initial planned stay, so you can convince the CBP officer you are not trying to enter the country and stay illegally.

Good luck!

[Harpa Timsah 13,260]

Yes, you can visit.

[InterfaceLeader 0]

The VWP doesn't apply to travel by this boat company (I'm going by cargo ship, it was the price as an airplane and I thought I could take a lot more stuff with me). Hence why I was looking to apply for a tourist visa.

I guess if necessary I could write off the boat ticket and go by plane, but I'd prefer not to waste the ticket if possible.

[JohnR! 5,495]

The VWP doesn't apply to travel by this boat company (I'm going by cargo ship, it was the price as an airplane and I thought I could take a lot more stuff with me). Hence why I was looking to apply for a tourist visa.

I guess if necessary I could write off the boat ticket and go by plane, but I'd prefer not to waste the ticket if possible.

My suggestion is that you come by plane and bring in your luggage nothing that would suggest you are planning to stay longer than what you are declaring to the immigration officer at the point of entry.

[zepol87 1]

They told my wife that their was a good chance she would be denied when I asked about her. Good luck though

[lost_at_sea 995]

The VWP doesn't apply to travel by this boat company (I'm going by cargo ship, it was the price as an airplane and I thought I could take a lot more stuff with me). Hence why I was looking to apply for a tourist visa.

I guess if necessary I could write off the boat ticket and go by plane, but I'd prefer not to waste the ticket if possible.

That seems weird. Got a link to the boat company?

The risk of applying for a tourist visa is if it goes badly and you get denied, I think you then also lose the ability to use the VWP. Someone will no doubt confirm this shortly.

[InterfaceLeader 0]

It's http://www.cruisepeople.co.uk/transat.htm (I'm on the Rudolph Schepers)

I had this whole romantic notion of sailing into New York by cargo ship, hah.

Just checked terms & conditions of my ticket, and it looks like I can cancel up to two months in advance, and only lose £40. So I think the less risky option may be to just cancel and go by plane.

[Ryan H 3,907]

The risk of applying for a tourist visa is if it goes badly and you get denied, I think you then also lose the ability to use the VWP. Someone will no doubt confirm this shortly.

Correct

[Hotter Otter 1,211]

I would really not do the boat option as if you are taking loads of luggage how do you convince them you are not going to stay and adjust status? Also as has already been stated if you get denied the tourist visa you won't be accepted on VWP either so no visits to the US until the visa is in your hand. Good luck with whatever option you go for though

[Jeremy12095 8]

You can travel by Boat using the VWP if they are an approved carrier.

http://travel.state.gov/content/visas/english/visit/visa-waiver-program.html

If you try to get a tourist visa they ask if you have a pending I-130 or other file you must be honest. Ultimately its up to the consulate officer if you can show to him you intend to return then who knows...

[AJMUK 37]

Since filing my I-130 in September, my other half spent October-January in the US using VWP (a total of 89 days), and we're about to go again on March 11 for a month. Just make sure you have as much documentary proof as possible that you dont have intent to stay in the US, at least on this trip.

And I would definitely fly, and take as little luggage with you as possible, and make sure the stuff you have in your suitcase(s) looks like its suitable for a vacation rather than for immigration purposes. If they open your cases and see your entire collection of Kylie Minogue CD's and your favourite saucepans, you're kind of screwed.

[InterfaceLeader 0]

Thank you for all of the advice. It seems pretty clear that the VWP is the way to go.

[Boggy1974 124]

Hi all,

So I filed an I-130, which got received on January 2nd, 2014.... it went to Nebraska.

I had assumed we'd be done and dusted very quickly (we went through the immigration process for my husband to come to the UK and the processing time for the fiance visa was less than a week!) and I went ahead and booked a boat ticket for July to get into the USA and let my work know I'd be leaving.

Now realising that actually that was a huge mistake... and that if I'm lucky I'll have a green card by the end of the year.

My question is, is there a way I can go into the states on a standard tourist visa and spend 2 months or so living with my husband? The idea of being apart for a year is horrible, I don't want to waste the boat ticket, and the reason husband went back to the States is because his mother is pretty ill. I'd really like to be with him while he goes through that.

How likely is it that I'll be approved, with the I-130 sitting in processing?

Thanks for all your help.

Yes.