Are you eligible for a B-1 visa if you are waiting for an I-129F interview?

[Chels 1]

My fiancé is currently waiting for his I-129F interview with the London consulate (we expect that to be sometime around November/December), and a company he is consulting with in San Francisco would like him to make an on-site visit.

We've learned anecdotally that while a visa application is underway, you should avoid using the VWP and apply for a formal visitor's visa instead. How true is this?

We're assuming that there's no way in which a B-1 visa application could affect our pending I-129F application -- is this also true?

Thanks for your help!

Chelsea

[amykathleen2005 441]

I am pretty sure you cannot have two applications going at the same time. The B-1 will be denied.

[Barbara J 115]

My fiancé is currently waiting for his I-129F interview with the London consulate (we expect that to be sometime around November/December), and a company he is consulting with in San Francisco would like him to make an on-site visit.

We've learned anecdotally that while a visa application is underway, you should avoid using the VWP and apply for a formal visitor's visa instead. How true is this?

We're assuming that there's no way in which a B-1 visa application could affect our pending I-129F application -- is this also true?

Thanks for your help!

Chelsea

We had our petition processing from March through to June and I went over to the states from Australia on waiver visa no problem there is no need for a B2 it as said will be denied he can visit no problem on VWP

[amykathleen2005 441]

We had our petition processing from March through to June and I went over to the states from Australia on waiver visa no problem there is no need for a B2 it as said will be denied he can visit no problem on VWP

Visiting with no problem is arguable. You are theoretically allowed to visit on the visa waiver program. However as it is a waiver the immigration officer you happen to have has the decision as to whether or not you are allowed in, you could be sent straight back home. Usually you're supposed to bring ties to your home country including a return ticket, lease, letter from employer, etc. to prove that you are not intending to stay.

[Barbara J 115]

My fiancé is currently waiting for his I-129F interview with the London consulate (we expect that to be sometime around November/December), and a company he is consulting with in San Francisco would like him to make an on-site visit.

We've learned anecdotally that while a visa application is underway, you should avoid using the VWP and apply for a formal visitor's visa instead. How true is this?

We're assuming that there's no way in which a B-1 visa application could affect our pending I-129F application -- is this also true?

Thanks for your help!

Chelsea

Of course a VWP is ok and you have to have a return ticket on this anyway. You cannot go to any country on one way without a specific type of visa. Eg" K1 and so on.

I have been to the states LA twice and immigration officer never asked me or interrigated me, asked who I was visiting and why and asked why did it take me so long to visit the states. Second time was welcome back and enjoy your stay. The 94w states the date of 90 days on it and you should leave on or before the expiry date. letters from your fiance employer would be mandatory of course, but he has to be back in UK for interview so not like he is going to stay hey. Don't be put off by scare tactics Chelsea , but looking at your time line your papers are at UK embassy hey so if he thinks he has time to visit for work before interview there should not be a problem especially for a few weeks.

[amykathleen2005 441]

Of course a VWP is ok and you have to have a return ticket on this anyway. You cannot go to any country on one way without a specific type of visa. Eg" K1 and so on.

I have been to the states LA twice and immigration officer never asked me or interrigated me, asked who I was visiting and why and asked why did it take me so long to visit the states. Second time was welcome back and enjoy your stay. The 94w states the date of 90 days on it and you should leave on or before the expiry date. letters from your fiance employer would be mandatory of course, but he has to be back in UK for interview so not like he is going to stay hey. Don't be put off by scare tactics Chelsea , but looking at your time line your papers are at UK embassy hey so if he thinks he has time to visit for work before interview there should not be a problem especially for a few weeks.

I went to the UK as a visitor and did not have a return ticket.

Edited September 2, 2010 by amykathleen2005

[Nik+Heather 121]

While it's true that it's not absolutely "no problem" it is so close to no problem for your situation that I wouldn't think twice about it. We certainly didn't (except jokingly), and Nik was coming to visit for no other reason than to see me.

Nik visited on the VWP after our I-129f was submitted, and he was let in just fine (after some extra questioning). There is a great list of documents in the FAQ which you might find useful. As he's employed, that will show good ties to the UK, not to mention the reason for his trip is business, not to see his fiancee.

The officers at the border DO NOT KNOW you have a pending petition. When he gets there he will be asked the purpose of his trip, and he can quite honestly say "business". He'll probably be stamped in almost immediately. Your relationship need not come up at all. If it does, he can have things like a copy of the NOA1 in reserve.

Edited September 2, 2010 by Nik+Heather

[Harsh_77 716]

If your husband is purely going for work and his office is going to provide the supporting document then he can get a B1 visa, there is no problem at all.

Disclose all the detail and also disclose to CO you have I-129 in process and its pending.

I was in same situation with my I-130 pending and had to travel for work, I was granted B1 no problem at all.