Traveling on a VWP while waiting for interview date?

[christinald 0]

Hi all,

My husband and I just received notice of his appointment date in Naples, on Jan 8th (medical on Jan 7th), which unfortunately would mean our first Christmas as newlyweds apart, as I am back in the states to begin working and establish domicile.

I've read mixed comments about the idea of traveling on an ESTA/VWP while a visa process is under way and that it depends on the customs officer at the airport. Does anyone have any feedback or can weigh in? My husband's ESTA was issued in August 2012, and is still valid until next year.

Thanks!

[h13rma 35]

You need to have proof of ties to your home country, it can be done, but letter from employer, rental agreement are worth having to show intent to return.

why not go there?

[JayJayH 546]

This is generally not a problem.

I visited the US three times on the VWP during the process, was never really asked to provide anything beyond proof of a return ticket. It is advisable to bring proof of ties to your country though, just in case.

All my trips were fairly short, no longer than 16 days. If he plans to come for 90 days, his burden of showing ties will be much greater.

Edited November 20, 2013 by Yang-Ja

[Lainie B 465]

He can visit. Bring proof of ties just in case he is asked, but they probably won't be needed. They'll ask him his purpose of visit, and how long he is visiting for, and he will have to have a return ticket.

[Mark88 183]

My wife (German) traveled a couple times under VWP while I-130 was pending, never had a problem.

[christinald 0]

^{Thanks all - it certainly isn't out of the question for me to go there, but that depends on my work schedule around the holidays. He would only be staying for a week or so since he'd have to be back to Italy for his interview right after the new year. Wondering if he actually shouldn't bring that up unless asked, as it could be a red flag? Or, from a logical standpoint, why would he even be attempting to immigrate at this point, if he's already at the end of the process legally??}

[JayJayH 546]

^{Thanks all - it certainly isn't out of the question for me to go there, but that depends on my work schedule around the holidays. He would only be staying for a week or so since he'd have to be back to Italy for his interview right after the new year. Wondering if he actually shouldn't bring that up unless asked, as it could be a red flag? Or, from a logical standpoint, why would he even be attempting to immigrate at this point, if he's already at the end of the process legally??}

I visited the US on the VWP when our case was at the NVC, expecting another month or two for the interview. Arrived at LAX with my wife. The CBP officer asked how we were related, asked if I had a green card, where we lived, and then asked if I was planning to have the interview in the US or abroad. Then she asked to see my return ticket and that was it. Took about 2 minutes.

Edited November 22, 2013 by Yang-Ja