Coming to US on VWP while awaiting adjudication

[irishbynature 2]

Hello all! I've been snooping on the forums for the last few weeks and I've finally decided to post a question!

My wife is Irish and we are currently awaiting NOA2 for our 129F. Our lawyer has told us that we could try bringing her over on the VWP while awaiting the paperwork to get to the Dublin consulate.

I know from my online homework that it is up to the immigration officer at the POE whether any foreign national, regardless of status, is allowed into the US. My question is, if we are unlucky and she is denied at POE does this in ANY way preclude her visa from continuing to be processed?

The advantage of trying this in Ireland is that US immigration is actually handled AT Dublin airport BEFORE you fly to the US...so if she is denied she just walks out of the airport and she's home...she doesn't have to take the dreaded flight back home.

She has come into the US on the VWP 18 times since 2007 for visits until we got married. She never overstayed one visit so I think we are well within our means to try once more.The only change in our situation is that 1) we are married now and 2) she quit her job in Dublin in preparation for coming to the US thus making her ties home are a bit harder to prove now. BUT she has some Irish bills in her name still AND our track record that the immigration officer can pull up under her passport number is that she has NEVER overstayed any of her 18 VWP visits.

Thanks for any input.

[canadian_wife 1,808]

No, from experience, if you are denied entry into the US (although must be disclosed on future forms) will not affect your visa process.

Bring any and all ties to Ireland that she has, plus a copy of your immigration packet

Good luck.

[Darnell 8,478]

*** not a K-3 topic, moving to K-1 forum, for now ***

[Penguin_ie 5,992]

Your wife most likely will have no issues coming to visit, though so many visits in 3 years may cause a bit of extra scrutiny; she should bring the NOA so if questioned, she can show that you are intending to do things the legal way.

If denied entry, it will have no effect on the visa.

[hxxrmonkey 0]

My husband came over while we waited for our NOA2. What tipped the scale to allow entry was a letter from my husband's boss saying she allowed him to go on holiday and expected him back in 3 months. Also advised are mortgage/lease documents, any long term contracts, unpaid credit card bills, cell phone contracts, anything to prove she'll be returning to Ireland after the visit. The mortgage/lease is usually the best bet though.