Visiting the US on the VWP while I-130 is pending

[Fitzy 2]

I just wanted to offer our personal experience with this. My husband (an Irish national) visited me twice in the U.S.: once while the paperwork was at USCIS and again when the paperwork was at NVC. He had no trouble entering the first time.

The second time (this past December), the immigration officer almost refused him entry. The IO actually called the NVC and took a look through the paperwork in his backpack. My husband had VERY strong ties to Ireland, including a house deed, bank statements, letter from his employer, etc. Without these, I think he would have been turned away. He also has a good history with visiting the U.S. over the past 10 years.

I'm not trying to scare you, but I'm saying it's risky and uncertain. If you are worried about him being refused, you might also get him to fly through Dublin. U.S. immigration is on the Dublin side (generally--double check with the airline), so he could avoid having to fly over the Atlantic if he's turned away from the border.

Good luck to you both.

[Gosha.Bee 1]

I never said people couldn't call them whatever they want. And it was you who called them heartless....that's a name. They are simply doing a job that isn't always about delivering good news to visitors.

I'm sorry, but heartless is not a name. It's an adjective and therefore cannot be considered name-calling, imo.

I think we all know what Gary meant when he said it. It wasn't anything personal against CBP's. We all know it's their job to be suspicious and expect the worst out of people. It does make them seem heartless, though and there's nothing we, nor they, can do about it.

[anjaxxo 0]

Hi,

I am in the Visa process too, our case is at the NVC now, my husband will send out the AoS on Monday and I am preparing to fill out DS-230 and am planning to visit the States on February 14th, I am planning to stay for 10 days before I have to go back to Germany.

I will take the following binding ties:

I have two employers, both gave me a letter, that I am on a holiday and they expect me back at work end of February. Also I have a letter from my landlords that I am still in a binding contract renting my flat.

Also I booked a flight to the States in May and I will bring my e-ticket to prove that I will leave the States as said on my ticket and then re-enter in May to visit my husband again.

Other than that I have my daughter at home in Germany, we filed for her immigration too, so they will hopefully know that I would never leave her alone in Germany. Also I think that it would not make sense going to the States illegal shortly before the Visa stuff is approved.

To the original poster i would like to say, that there are not really any binding ties that you have to prove that you will go back after the 89 days. There is no job, no flat, no kid left and the time you want to stay in the States is so long.

But as you filed the petition in August and from the timelines I read, you should not be long from being approved to the Visa. I have no clue if I would take the risk in this case, because its not long that you will be together anyways. Also, the beneficiary should be home when he gets the interview appointment.

Well, you never know what the officers say, maybe you are lucky and they will let you in, who knows.

But I have so many binding ties and I am still nervous if they will let me in.

Whatever you guys do, I wish you good luck and hope you will be okay.

[jennie ann 15]

Well, I have been sufficiently scared, but thank you all! I definitely think that I should book the return ticket for two weeks or so, and then change it when he is safely in. And going through Preclearance in Dublin seems like a really good idea. Anybody have any tips on how to plan it this way?

anjaxxo, even though I filed in August, it may be quite awhile before we even get to the NVC stage because I was transferred to TSC, which is just a big mess right now. Today I received a response to a service request (for being outside normal processing times) which states that my case is still pending and that I should receive a notice or decision within 90 days (how helpful). At the very least, this can be additional evidence that we're very invested in this whole I-130 process and intend to see it all the way through. And if my husband is still here when we finish NVC, we'll fly him back when we get our interview date.

[Sergi9 110]

Thanks everyone for the advice. I know how border patrol/immigration officers can be from my own unpleasant and painful experiences with the UK Border Agency. I'd been visiting my husband (before we were married) in London for almost four months when I took a one-week trip to Berlin to visit a friend. When I came back, I was refused entry, detained for 15 hours, and put on a plane back to Berlin. Completely unprepared for this, my husband and I were devastated. I always thought that as long as you are honest and are legitimately not trying to violate any rules, you will be fine, but I understand that the border officials deal with people all day who are trying to cheat the system, and my honest face is not enough.

I'm less ignorant now about how things work at the border, but I just feel like after everything, something like that just CAN'T happen again. Of course there's no reason to believe this, but I am trying to have faith not so much in their empathy but in their reason. After all we've gone through for this, why would we try to cheat now? We just want to be together now, he'll fly back for his interview, and in a few months, he'll be here, legally able to work and come and go as he pleases. Why would we jeopardize all of that?

Gary, I think you're right about buying a ticket for a shorter stay and then changing the return afterwards. It's more expensive this way, but it's worth it if it increases the chances that my husband will get in.

Any other advice or experiences any of you can share are welcome!

Not to rain on the parade, but coming into the country with the intent of staying 89 days and then making it look like the plan is to stay two weeks isn't a good plan. Fraud is never a good plan. You said yourself if you came all this way why jeopardize it? Well that is a way to jeapordize it. If he is called into secondary inspection and grilled .. and its entirely possible he might be, it creates the possibility of a fraud or misrepresentation charge which is not something you want to deal with.

The question is not "if I can get away with it" its no big deal, the question should be "am I prepared to deal with the consequences of a misrepresentation charge if things go badly?"

Lying to a CBP officer is fraud. So when asked how long do you plan to stay? And your hubby says.. two weeks here is my return ticket, he is in fact lying to CBP.

But I have learned that on this forum there is a crew on here that insists on playing fast and loose with this stuff. It looks like you already did that in Europe .

you also mentioned the 180 day limit, the max amount of days he can be in country before a bar might be imposed. You plan is not a good idea, you may get past CBP, and plan to go back before 90 days or before the 180 days , but "fate" or an accident might intervene and screw up the plan.

What if he gets injured, or there is an accident or some such and he cannot make it out in time? I liken this stuff to taking the retirement money and going to the casino with it. Sacrificing the long term goal for a short term adrenaline rush.

Edited February 6, 2011 by Sergi9

[yohino 22]

The OP mentioned the 180 days NOT in relation to how long he could stay before accuring a ban, but in relation to how many days you are allowed to visit the US on the VWP in a year.

And as I see it, she wasn't playing "fast and loose" with immigration laws in Europe, since there honestly wasn't an intention to overstay or awade any laws.

[jennie ann 15]

The OP mentioned the 180 days NOT in relation to how long he could stay before accuring a ban, but in relation to how many days you are allowed to visit the US on the VWP in a year.

And as I see it, she wasn't playing "fast and loose" with immigration laws in Europe, since there honestly wasn't an intention to overstay or awade any laws.

Yes, thank you! We have absolutely no intention of overstaying anything. And I was definitely not playing "fast and loose" before. I tried my best to understand the rules, but as must of us know, they can be very opaque when you don't have things like VJ to help you understand. I never overstayed anything in the UK (I told them when I came in that I planned on staying for 4-5 months and was given a 6 month entry stamp), and I didn't know that I couldn't continue that fourth and fifth month when I returned from my one-week trip. It was an honest mistake, and I was stunned and heartbroken when I found out that I couldn't go back or even say goodbye in the airport.

[Sergi9 110]

The OP mentioned the 180 days NOT in relation to how long he could stay before accuring a ban, but in relation to how many days you are allowed to visit the US on the VWP in a year.

And as I see it, she wasn't playing "fast and loose" with immigration laws in Europe, since there honestly wasn't an intention to overstay or awade any laws.

90 days in country, and in EU its the same probably similar in UK, if all that was needed was to cross a border and get a stamp and restart the clock like OP did in Berlin trip, then who would need an Immigrant VISA?

Also, take a look at the VWP purpose, business and tourism, not living with your wife/girlfriend.

[dvs98 2]

My wife just flew in couple weeks ago on VWP for second time. Had return ticket to go home in 87 days. Told officer visiting husband pulled her in to secondary which sounded pleasant in my opinion more of a formal meet and greet state your intentions and that you know you have to go home and sent her on her way all she had was return ticket as evidence asked her a few questions about me and such. Just be honest and confident.

[yohino 22]

90 days in country, and in EU its the same probably similar in UK, if all that was needed was to cross a border and get a stamp and restart the clock like OP did in Berlin trip, then who would need an Immigrant VISA?

Also, take a look at the VWP purpose, business and tourism, not living with your wife/girlfriend.

Yes, maximum 90 days per visit, 180 days maximum per year. Which is what she pointed out that she knew.

Obviously she had the appropriate visa or equvivalent to be granted 6 months stay in the UK, she left for a week to go see a friend sometime during that stay, intended to return to the UK, stay the rest of her originally granted 6 months, then go home. No overstaying, no laws broken, but wasn't able to because they thought she was trying to pull a fast one, even though she wasn't.

Who would need an immigrant visa?

Perhaps someone who would actually like to be a resident of that chosen country, have a job, pay taxes (not that anyone likes that), go to school, live a normal life? And be able to do so legally. That's who I would think needs one.

The VWP allows you to VISIT the US, what you choose to do while you are here,if allowed in, (as long as you aren't doing anything illegal) they couldn't care less about. Visiting (not living with) your S/O, spending all you money in Vegas or spending 2 weeks in WalMart, all legal things to do.

[jennie ann 15]

My wife just flew in couple weeks ago on VWP for second time. Had return ticket to go home in 87 days. Told officer visiting husband pulled her in to secondary which sounded pleasant in my opinion more of a formal meet and greet state your intentions and that you know you have to go home and sent her on her way all she had was return ticket as evidence asked her a few questions about me and such. Just be honest and confident.

This is how I imagine it should be. I will book the ticket for the amount of time he's really going to stay, but I'll have him fly out of Dublin to go through the POE there so that if he's refused, he won't have to travel so far to get home (and the flights I've been looking at are refundable/changeable for a fee, so hopefully the losses won't be too great). I really appreciate everyone's input. And I would love to hear more experiences like dvs98's!

[jennie ann 15]

Yes, maximum 90 days per visit, 180 days maximum per year. Which is what she pointed out that she knew.

Obviously she had the appropriate visa or equvivalent to be granted 6 months stay in the UK, she left for a week to go see a friend sometime during that stay, intended to return to the UK, stay the rest of her originally granted 6 months, then go home. No overstaying, no laws broken, but wasn't able to because they thought she was trying to pull a fast one, even though she wasn't.

Who would need an immigrant visa?

Perhaps someone who would actually like to be a resident of that chosen country, have a job, pay taxes (not that anyone likes that), go to school, live a normal life? And be able to do so legally. That's who I would think needs one.

The VWP allows you to VISIT the US, what you choose to do while you are here,if allowed in, (as long as you aren't doing anything illegal) they couldn't care less about. Visiting (not living with) your S/O, spending all you money in Vegas or spending 2 weeks in WalMart, all legal things to do.

You've got my situation exactly right. I like you!

[yohino 22]

To the OP, sorry if you feel like your thread has been de-railed, not my intention.

My story, I wen't to see my husband during the process but we were further ahead, I already had my interview date and everything, which was set for about a month after my return date (and I only stayed for 2 weeks). Wasn't pulled into secondary but I was fast to point out to the first officer that I was in the process of applying for an immigrant visa and that she could see my NOA's etc if she wanted to.

She waved me through after stamping my passport.

Hopefully your husband will have a similar, and easy, POE.

If possible, try and do POE in Dublin, just to save him a long flight back if denied entry.

Good Luck!

[jennie ann 15]

To the OP, sorry if you feel like your thread has been de-railed, not my intention.

My story, I wen't to see my husband during the process but we were further ahead, I already had my interview date and everything, which was set for about a month after my return date (and I only stayed for 2 weeks). Wasn't pulled into secondary but I was fast to point out to the first officer that I was in the process of applying for an immigrant visa and that she could see my NOA's etc if she wanted to.

She waved me through after stamping my passport.

Hopefully your husband will have a similar, and easy, POE.

If possible, try and do POE in Dublin, just to save him a long flight back if denied entry.

Good Luck!

No problem! I was wondering what he should say when he first comes in, like if he should say right away that we are in the process of petitioning for an immigrant visa, since they'll be able to see it if they check anyway. Most people say that you should just answer their questions very concisely though and not elaborate further unless they ask (which they inevitably will since he'll be staying for a couple of months).

[yohino 22]

No problem! I was wondering what he should say when he first comes in, like if he should say right away that we are in the process of petitioning for an immigrant visa, since they'll be able to see it if they check anyway. Most people say that you should just answer their questions very concisely though and not elaborate further unless they ask (which they inevitably will since he'll be staying for a couple of months).

I don't think he should give up any information unless he feels the initial contact with the IO is starting to go "wrong".

I don't remeber exactly the question I was asked but something she asked me made me worried about being pulled into secondary so I then told her that I was applying for an immigrant visa.

As long as he keeps his cool, tells the truth and has evidence to back that up I honestly don't think he should have any problems. I sure hope so!

Good Luck!