Visiting husband in US on VWP whilst waiting for approval

[Nida.f 2]

Waiting for NOA2... Filed 24th sept last update 1/11. Want to visits husband in December for 2 weeks for anniversary. Will this be a problem at the airport at immigration? I Will have return ticket, also I do have to come back to the UK once approved for medical ad interview so this will be proof that I will be returning.

[Maree 1]

Waiting for NOA2... Filed 24th sept last update 1/11. Want to visits husband in December for 2 weeks for anniversary. Will this be a problem at the airport at immigration? I Will have return ticket, also I do have to come back to the UK once approved for medical ad interview so this will be proof that I will be returning.

Hello, I am in a similar situation. I have seen all of the posts online saying that as long as you have proof of ties to your home country then you will be fine but I don't want to pay for a plane ticket on a "maybe it'll work". I called my local US Consulate and they requested that I submit my query in writing so I am waiting on a response from them. I'll post it here when I receive it, which they said will be in the next 48hrs.

Fingers crossed for a positive answer!

[JoannaV 174]

I visited the US several times, for longer than 2 weeks, whilst waiting for my visa. I had no problems and only ever had a return ticket to show. Of course it is better to have something else with you just in case too.

There are no guarantees. Ultimately it is always a "maybe it will work" case. There is no guarantee. But most of the time it works. It's not worth losing sleep over. (Though I did, lol.)

[Nida.f 2]

Maree- that would be great to know to see what yor reply is. What is local office in the US? Mine will be Dallas. Also do you think if you are in the US and it is approved, they could possible change your intervjew date to take place in the US instead of coming back to the UK?

[Rooky 1]

Hello, I am in a similar situation. I have seen all of the posts online saying that as long as you have proof of ties to your home country then you will be fine but I don't want to pay for a plane ticket on a "maybe it'll work". I called my local US Consulate and they requested that I submit my query in writing so I am waiting on a response from them. I'll post it here when I receive it, which they said will be in the next 48hrs.

Fingers crossed for a positive answer!

Hi, I have been to US several times while progressing through the I-130 application, worse case scenario is they just asked me a load of questions and let me in. I always volunteer and tell them about my other half and the pending immigration application from the outset and that seemed to make the conversation easier.

I did write to CBP and the answer I got is as following (see below in blue). There will never be a guarantee but the chances are high and just take enough proof on your hand showing ties to the UK (Payslips, job contract ...etc). If it helps, I have a booked ticket for x-mas holidays and my application is still not yet complete but I don't expect any issues at the border but I always go prepared..... for me the risk is worth it

Response CBP ESTA Office

Hello,

You can travel under the Visa Waiver program while an I-130 is pending. Admission is always at the discretion of the port of entry, but you could bring copies of your petition, evidence of residency and employment in the UK and any other relevant documents to help facilitate your entry.

[Maree 1]

Hi, I have been to US several times while progressing through the I-130 application, worse case scenario is they just asked me a load of questions and let me in. I always volunteer and tell them about my other half and the pending immigration application from the outset and that seemed to make the conversation easier.

I did write to CBP and the answer I got is as following (see below in blue). There will never be a guarantee but the chances are high and just take enough proof on your hand showing ties to the UK (Payslips, job contract ...etc). If it helps, I have a booked ticket for x-mas holidays and my application is still not yet complete but I don't expect any issues at the border but I always go prepared..... for me the risk is worth it

Response CBP ESTA Office

Hello,

You can travel under the Visa Waiver program while an I-130 is pending. Admission is always at the discretion of the port of entry, but you could bring copies of your petition, evidence of residency and employment in the UK and any other relevant documents to help facilitate your entry.

Thank you for that. I saw a lot of other people say that they'd taken evidence of ties to their home country but no one else has ever quoted an actual response from anyone "official". I am sure that I will receive the same response to my query and that gives me a bigger push towards booking flights to the US for Feb next year! (especially while they're still cheap!)

[MikeJill 5]

Hi, I am travelling to see my husband on December 7th and while I know that entry is not guaranteed, I am confident that I can convince them I have no intention of staying longer than the 12 days we have planned. I exchanged a couple of messages with your husband, when he asked if there was anyone else petitioning for someone from the UK, I live quite near to Manchester and my husband is in Irving. Good luck, whenever you decide to travel,

[Nida.f 2]

Oh that's great news but still a 50/50 chance.

MikeJill/ hi yes I have seen the conversations. I will probably be visiting end of December. What evidence are you planning on taking with you? Flight return, petition forms NOA1... What else?

[Maree 1]

Oh that's great news but still a 50/50 chance.

MikeJill/ hi yes I have seen the conversations. I will probably be visiting end of December. What evidence are you planning on taking with you? Flight return, petition forms NOA1... What else?

This is the response that I received from CBP yesterday;

Thank you for contacting the CBP INFO Center online. U.S. Customs and Border Protection (CBP) appreciates that you took the time to email us with your inquiry.

It is difficult to say because although you may be able to prove strong ties to Australia, the admitting CBP Officer has discretion as to whether or not he/she will allow your entry.

With that said, you may attempt entry to the U.S. while awaiting your immigrant status to be approved if you have all of the following documents:

Roundtrip ticket

Proof of employment to include letter from employer that you are expected back on a certain date

Proof of tax returns

Most recent bank statement(s)

Deed to property in your name or mortgage statement in your name for property in Australia

Most recent utility bills to that property in your name (water, gas, electric, etc.)

It was my pleasure to provide this information to you. Please let me know if you have additional questions.

Regards,

Julie

Senior Public Information Officer

So they can't give you a definite yes but it does look promising for those of us who want to make visits to our spouses