Possible to get IR-1 before 2 year anniversary??

[MariahVine 2]

No that's not true at all. In fact because he's in a VWP country, it's easier than if he had to get a tourist visa (which are most often denied.) I'm a Canadian and I've travelled to see my husband twice, once was before he filed and once afterwards. In fact I'm going to visit again next Friday. There some that visit every weekend or stay for months at a time. As a Canadian though we don't need a tourist or visitor visa to visit the USA. Up until 7 years ago we didn't even need a passport. A spouse should take more precautions than a normal visitor though and bring ties to their home country when they attempt to enter the USA, if asked for such things. That includes leases, bills, pay stubs, return tickets and/or a letter from their employer. I also bring my NOA1 with me and told them last time we were trying to immigrate there when I was asked. But understand that it is ultimately up to the POE officer to let your husband in or not. They may say no, they may take him into secondary questioning or they may just say "have a nice visit." Short visits tend to go over better than long ones and using a VWP excessively will lead to denials eventually. So it's risky, but not overly so, especially from a visa waiver program country.

Good to know. I so wish I knew about this website before we began the whole process, straight from the beginning. It is so helpful! Much more info than actually calling USCIS and NVC. Thanks a bunch :-)

[speedwell 224]

My husband is here visiting me on the VWP. We scheduled him to be here 85 days to eliminate the probability that he would accidentally overstay in case his flight was cancelled or there was bad weather preventing his plane from taking off. Everything I've read on this and other forums about visiting for nearly the full term of the VWP says that "you must spend at least as much time out of the country as in" or you run a high risk of being denied the next time you attempt entry. That means we are expecting my husband to need to return to the UK and stay at least 85 days before he tries to return to the US on the VWP. It may be made easier by the fact that he will be able to show that he played by the rules on this stay. With luck he might receive his spouse visa by then anyway.

This time he entered through the POE in the Dublin airport. The immigration official gave him a bit of a hard time, but he had a copy of the NOA1 with him and a letter from me asking please to admit him for a visit while our paperwork was processing, and saying we wanted to do everything properly and by the rules so he could get his spousal visa legally. I also sent a copy of my latest pay stub to guarantee he would be taken care of while he was here, because he was not able to prove that he had enough cash to meet expenses for the long trip. He was asked a lot of questions and the official seemed a bit skeptical, but he was not asked to go through secondary processing and was allowed to board his flight. It was a big relief knowing that he could go through the process in Dublin, because if he was turned away there we would have known right away instead of having him get all the way to the US first. If you book a flight through Dublin, do your research on which flights qualify because not all flights do.

[Ryan H 3,834]

NVC requested a bit more info from me before they can approve my AOS packet.

FYI, the NVC does not "approve" an Affidavit of Support packet, they only receive it and put it into the file after checking it over (as you already know, they can request additional material).

Whether or not the material will be accepted or rejected is determined by the Consulate.

I post this because I have seen on more than one occasion people coming on here and asking why their AOS packet was rejected by the Consulate but 'approved' by the NVC when the NVC never approves anything in the first place.

[jaycali 415]

Awesome. Considering how many times I called USCIS and was given different answers, it doesn't suprise me that they had no idea what they were talking about. It did seem strange for them to tell me that he isn't allowed to visit America. Oh well, that was a situation a year ago almost. My Aussie visa wasn't extended by the Australian govt so I had to go back to US and they told me that my husband couldn't come with me or that it would be risky if he did try. I talked to so many people and depts about it.. I think one was the border control. I don't remember. Anyway, thanks for that info.

As with anything in immigration, it's a gamble - But in my experience, the odds have been ridiculously good. You are lucky that he can use the VWP instead of having to apply for a B-2 visa. The consulates do not give out visas to applicants with pending petitions very easily. When using the VWP, you circumvent the entire consular processing and visa stage.

First time I entered with a pending I-130 I was so nervous. I expected the CBP officer to immediately shut open her eyes and throw me into secondary for some good old scrutiny. In the end, I wasn't even asked who I was visiting. I was asked two questions - "How long are you staying?" and "Do you know people in California?" - to which I answered a simple "Yes" and that was it.

Second time I entered with my wife and I expected that this time there's no going around it or hoping I don't get asked. We went up together to the booth, told the officer we're married. CBP officer asked "Do you have a valid ESTA? How long are you staying?" and that was it.

Third time I was a lot more relaxed. Went up to the booth, said "we're married, I'm currently waiting for an interview date at the embassy in my country. Waiting it out here until then." Officer asked "Are you interviewing in the states or your country? Do you have a return ticket?"

So yes. They can deny entry if they believe that your intent is to enter on the VWP and stay for good. If they believe you're simply visiting your significant other during a long time of separation, there will be no problems. There is no law, anywhere, in all of the painstakingly long piece of writing that is the Immigration and Nationality Act, that says "no visits while I-130 petition is pending." The only relevant law is "Don't lie to the CBP."

Simple, generic but truthful answers will get you a long way. In a worst case scenario, your husband would be put on a plane back to Australia, you'll have wasted some time and money, but as long as he didn't lie, it won't matter one bit for the spousal visa.

Edited January 21, 2013 by Jay Jay