Using the visa waiver...

[mrsB 0]

Alright so for those who haven't been following my other topic, I'm currently pondering one of my two options regarding my marriage and my visa application process. Our I-130 has been with the USCIS for a year now without any progress past the FBI name check where our case has been for months now. We've been married since December 2007 and during our marriage we haven't seen each other for more than 2 weeks which was in last October. I'm about to miss my husband's birthday again and what not, we've already missed my birthday, our 1st wedding anniversary, christmas, new year and valentine's and I really want to go see my husband. He can't come to visit me due to his work.

I live in Finland and we have the visa waiver agreement with the USA and the US Embassy in Helsinki has told me that tourism to USA is allowed even when there's a visa application being processed. They've also told me that even if I should get turned back from USA it will not affect my I-130. I just need to know for certain that this is correct. After all this time I don't want to risk my I-130 in any way, but I also really really REALLY miss my husband and I want to see him.

I don't have a permanent job in Finland and I have been living at my parents' because I hastily gave up my own apartment when I didn't think my visa waiting time would be counted in years instead of months. I do however have possessions here, family here (my parents & siblings etc) and my dog here... I just wonder if that's enough (along with a return ticket) to convince the Homeland Security that I do intend to go back to Finland.

I need to know some kind of "stories" from people who have travelled to USA during their visa application procedure and used the visa waiver. I want to know if you were successful and if so, what did you have to do at the airport? If you weren't successful, what happened?

Thanks.

ps. Please don't ask me to fill out my timeline. I posted my timeline in another topic (actually 2 topics) but I can't seem to be able to use the site's own timeline section because it requires exact dates for everything.

[TayRivers 4]

My wife's parents are here on vacation, they came on the VWP and they both have I-130,s being processed. They brought with them their copies of the I-130 receipt and their mortgage statement and return tickets.

They were asked how long they intended to stay, they told the officer 3 weeks as they had to go home to complete their immigrants visa.

I think as long as you have evidence that you do intend to return to your home country most people are allowed to enter.

If for some reason you were refused entry you would be sent back to your point of origin at your own expence. It would have no effect on your I-130.

[mrsB 0]

Alright, thank you for your response. I'm still looking to hear some more stories though... My dad thinks I should go and can't believe that I could be sent back to Finland, my mom doesn't know if it's a good idea to spend hundreds of euros on something that's not 100% certain. My husband is worried that it could have an impact on our I-130 and I don't know what to think at all. *sigh*

[MonkeyJuice 3]

I would just go! Take your I-130 paperwork & return ticket explain to the officer at POE, you wouldn't jeopordise your visa by overstaying on the VWP.

Go for it!!

[mrsB 0]

We're trying to get a letter from senator to "back me up" and assure the officers at the airport that I am in fact just coming over to visit. My husband will ask about it tomorrow. In any case, I think I'm going to give it a go, I just miss my husband so much. I'm going to try to get as much proof as possible that I'm still going to come back to Finland... Then hopefully maybe go in early May or something, depending on how I can have my finances set up.