Travel to US while I-130 in process

[Unknown1983 0]

Hello. I have been reading lots of information in the forum in regards to traveling to the US, while an I-130 is in process. Here is my scenario and my questions:

I am the USC, married to UK citizen. I hold a spouse visa for the UK, and I currently about 6 months pregnant. I am currently visiting family, alone in the US (texas), and debating whether to go back to the UK, or just stay and file for my husband here. I know of the quicker DCF process, however...I am very weary of having my child in the UK as my local hospital was not so great, I know we can live better financially here in the US, and we had originally planned to move back to the US at some point anyway. The more I think about it, having to do the Birth notification, getting a passport for the baby, flying with a baby...is all just nauseating to me. When I could stay here and get us set up, and wait out the CR-1 process.

My question is:

If I file the i-130 now, can my husband come to visit for the birth of our son through the VWP? I dont know how the IO's will take this at the POE. We have no intention of jumping immigration rules, as I want to follow the law..but want him to be able to see his child born. I just want him to come over to see the event, stay a bit, probably less than a month or two...then go back to the UK, to await interviews and such. I read you need proof of ties to his country. Would a checking statement, unpaid loan documentation, be sufficient? He could probably also get a work letter saying he is employed and due back. Or do we need something else, like a copy of the I-130 to show we are going about immigration the legal way?

I know the CR-1 process is maximum 9 months, and I dont want him to have to miss his sons birth. Does anyone have any experience in this?

[*Snowdrop* 604]

Hello. I have been reading lots of information in the forum in regards to traveling to the US, while an I-130 is in process. Here is my scenario and my questions:

I am the USC, married to UK citizen. I hold a spouse visa for the UK, and I currently about 6 months pregnant. I am currently visiting family, alone in the US (texas), and debating whether to go back to the UK, or just stay and file for my husband here. I know of the quicker DCF process, however...I am very weary of having my child in the UK as my local hospital was not so great, I know we can live better financially here in the US, and we had originally planned to move back to the US at some point anyway. The more I think about it, having to do the Birth notification, getting a passport for the baby, flying with a baby...is all just nauseating to me. When I could stay here and get us set up, and wait out the CR-1 process.

My question is:

If I file the i-130 now, can my husband come to visit for the birth of our son through the VWP? I dont know how the IO's will take this at the POE. We have no intention of jumping immigration rules, as I want to follow the law..but want him to be able to see his child born. I just want him to come over to see the event, stay a bit, probably less than a month or two...then go back to the UK, to await interviews and such. I read you need proof of ties to his country. Would a checking statement, unpaid loan documentation, be sufficient? He could probably also get a work letter saying he is employed and due back. Or do we need something else, like a copy of the I-130 to show we are going about immigration the legal way?

I know the CR-1 process is maximum 9 months, and I dont want him to have to miss his sons birth. Does anyone have any experience in this?

You already know the answer most people will give you. Yes, your husband can visit using the VWP and stay for up to 90 days but there is always the worry that he will get turned away at the border.

I visited my husband a lot over the 4 years before I moved over here to be with him. I visited while he was my boyfriend, fiance and husband. I visited about four times over the time we had the visa being processed. I never had any kind of trouble.

I always said I was there for a vacation. I always had a return ticket for about 2 weeks later. I never mentioned the immigration process and it never came up.

I also had with my documents to prove return such as a letter from work saying when I was going to be back, my rental agreement, bank statement etc. I was never asked to provide any of that information and as I said, I was never asked about the immigration process.

On my last visit I changed my 2-week ticket for a later date once I had entered and stayed for a couple of months. Then I went home to prepare for the visa interview.

You have slightly higher stakes as you want your husband to be there for your baby's birth so a refusal will be even more devastating. However it should be fine. Of course there are some cases of people being refused entry but most people from the US don't have a problem using the VWP to visit at any stage of the immigration process.

Edited August 11, 2010 by lsma

[Unknown1983 0]

"Of course there are some cases of people being refused entry but most people from the US don't have a problem using the VWP to visit at any stage of the immigration process."

Do you mean the UK, as my husband is a UK citizen and would be coming to visit me in the US?

[*Snowdrop* 604]

"Of course there are some cases of people being refused entry but most people from the US don't have a problem using the VWP to visit at any stage of the immigration process."

Do you mean the UK, as my husband is a UK citizen and would be coming to visit me in the US?

Ack - I did mean UK! New mummy brain - I had a baby too just 8 weeks ago and typing is a little more difficult with a newborn in one arm!

To clarify - People from the UK usually visit via the VWP problem free

[Heather&Matt 0]

I visit my husband (or he visits me) at least 4 times a week. Everytime I cross the border, the customs officers just ask "Who's moving where?" and I tell them our status with the I-130. I have never had an issue, and in the 9 months that we have been married, I have only been pulled in for questioning ONCE....and they explained that they just wanted to make sure we were doing things the proper way.

I know traveling from the UK may be a little different, but I wanted to reassure you that it really shouldn't be a problem at all.

Edited August 11, 2010 by Heather&Matt