Denied at POE on tourist visa

[christinejohn 0]

Hello,

I am planning a visit to the US with what is called a visa waiver since we don't need a tourist visa as long as we stay in the US less than 90 days.

My I-130 is still pending... been over 8 months now.

I have an opportunity to travel now and want to take it since we have no idea how much longer it is going to take.

Of course I have no intent to stay and will bring strong ties with me as proofs of my retrun to my country after my visit.

I would like to hear stories of people who tried to visit the US on a tourist visa while their I-130 were pending and who got denied at POE. Mine will be LAX.

Thank you for sharing your experience with me.

[desert_fox 32]

Very doubtful that you could enter on the VWP...you are a spouse.

If you want to try....apply for a B2 visitors visa....with a ton of proof. Maybe yes, maybe no.;

[Elbereth 0]

it's not doubtful, a lot of people here have done it

I can't comment, but I'm absolutely sure i've read posts here of people who got in the US on visa waiver

[AJS 0]

My husband got in on the VWP. He told the POE that he was visting family. At that time, our I-130 was still pending but the visa never came up when he was speaking to the officer. He had tons of proof of ties back home but was never asked for it.

[k32007 0]

My wife came thru LAX on a VWP-T with both (I-130/I-129F) petitions pending. In fact, I arrived with my wife (who had come to the US 15-20 times prior on VWP-B and VWP-T) and our USC son. According to her, it was among the easiest that she's ever had - they just asked her how long she was planning on staying. We had heaps of proof of ties to her home country, but didn't need a shred of it - not even the return ticket / itinerary. But, we had it.

The only "challenge" presented was that the officer claimed that he was originally from the town that I live in and asked me how to drive (eg turn by turn directions) from a local shopping center to the address on her I-94 - possibly to find out if she was lying about her temporary destination in the US or possibly just for kicks.

Of course, I have no way of knowing whether the I-130/I-129F pending petitions actually showed up on his computer screen or not. However, we had received our NOA1 for both petitions more than 2 months prior to her entry. We entered thru the USC immigration line.

And, yes, it was still nerve-wracking. There are stories that have not ended so happily.

[christinejohn 0]

Thank you all for your great advice, I have still not made up my mind yet but sure want to spend our first anniversary together since we have been apart since our marriage... USCIS!