Visiting on VWP with pending I-130 and baby

[AlanandLaci 0]

Hello everyone- My apologies if this is too much of an already asked question, but I thought our particular circumstances were a bit different and wanted to hear some of your opinions so...

I am a US citizen who has filed the I-130 for my French husband. Our priority date is March 12,2014 and so far all we have is the NOA1. Our application is at the Nebraska Service Center but I still expect it to be at least August before we get our NOA2 and get on the way to NVC. There are two main specifics to our situation- one is that I am due with our first baby in July 2014 and the second is that I have been accepted to graduate school and will need to be in the US by mid August 2014. At which point, I'm certain my husband's visa, short of an act of God, will not be ready.

This is what we would like to do: Fly back all together. This would mean me, my husband, our baby, my mother (USC) and our dog. The dog would be added on my mothers ticket, so hopefully that eradicates it looking too...permanent bringing a pet, which I saw might be an issue based on another thread. My husband would be traveling on the VWP and have a return ticket for September 2014, a month long stay. We might change the date for a two month stay if its not too much of a price difference once he gets here but that hasn't been decided at all yet. He's a guitar teacher here in France so work is a bit hit and miss/as it comes so he would not have proof of employment. He will be staying with his mom from the time I leave until the time he is able to come with his visa so there would be no lease as well, other than what his mom could provide which I don't suppose counts for much. I've tried to think of other documents we could have to help/prove his intent to return in addition to the return ticket and thought of cell phone bills, car insurance statements, bank account statements, and health insurance contracts. He would have his NOA1 and any additional immigration notices we receive by that time and could have proof of funds in his bank account as well as a notarized letter of financial support during his stay from my parents, if that would help.

Do you all think this will be sufficient proof for the border agent? Will having just had a baby work against us, despite the above proof and our I-130? He has traveled to the US three times before, for longer amounts of time each visit, the longest being a month and never overstayed or broke any rules in any way. He did have to go in for additional questioning the first time he came as they thought it was a bit suspicious that we had met online and he was coming for a visit but was questioned and released for a later flight. If questioned this time he plans to tell the agent the truth of course- that he is here with his wife who has just had a baby and will be starting grad school to help her get set up in a new town/place and then plans to return to France until his visa is ready. We would be flying into DFW if that helps at all. Thank you all so much for any help or advice you can offer. Its very stressful being pregnant and in this initial review stage and not knowing when he'll be able to come or how long we will have to be apart, how long he will have to be apart from our baby,etc...so thank you

[Boiler 47,603]

Presumably he will be going through the non immigrant line on his own, chances of anything but the most rudimentary questions is remote.