VWP while I-130 for IR-1/CR-1 is pending?

[celtichobbit 0]

Hey, so I'm applying for an I-130 for my british husband and I've been looking around a bit and it almost sounds like if the I-130 is pending he could come visit on the VWP for a bit then return to the UK and after it's approved apply for his visa and it would break up the waiting a bit, is this true? or has stuff changed, I think some of the things I was looking at were older posts, but does anyone know if this is true? also, does anyone know if there is any restrictions on me going to the UK on the VWP to visit him if the petition takes a while? or do I have to stay in the US for all of that?

We're trying to be patient because we know this whole thing takes a while, and we don't have much money for trips back and forth anyway but if there's a chance we could have him come here for a few weeks or something in a couple months when/if it's still pending then that would be EXTREMELY nice. I know the rest of you know how hard it is to be so far away from your other half so I don't need to explain this much.

Anyway, thanks

[Harpa Timsah 13,258]

Yes, he can visit.

[celtichobbit 0]

Yes, he can visit.

Awesome, thank you for your quick response!

[jaycali 415]

I've entered three times since I got married, twice after the I-130 was filed and had no problems. There is no law against visiting on the VWP while an I-130 is pending. Keep in mind that some CBP officers can be hesitant about letting him in from suspicion that he might try to adjust status once admitted. I never had to show anything at all, but it is advisable to have him bring some documents proving ties to the UK.

Whether the UK will allow you to visit is entirely up to the UK Border Agency. They might suspect the same, you visiting and then attempting to stay, although I don't know how they work exactly. It's my assumption that bringing your NOA1 with you as proof that he intends to move to the US might help out tremendously.

Edited May 28, 2012 by jaejayC

[celtichobbit 0]

I've entered three times since I got married, twice after the I-130 was filed and had no problems. There is no law against visiting on the VWP while an I-130 is pending. Keep in mind that some CBP officers can be hesitant about letting him in from suspicion that he might try to adjust status once admitted. I never had to show anything at all, but it is advisable to have him bring some documents proving ties to the UK.

Whether the UK will allow you to visit is entirely up to the UK Border Agency. They might suspect the same, you visiting and then attempting to stay, although I don't know how they work exactly. It's my assumption that bringing your NOA1 with you as proof that he intends to move to the US might help out tremendously.

How long did you stay for? a few weeks? a month? just curious, its good to know that that will be a possibility if it takes a while, which it sounds like usually this process does take a while.