Enter after on VWP without activating IR-1

[mattawara 19]

Odd question probably - and apologies for the incorrect use of some terms...

The situation is that my wife and I are currently living together in Australia and have an I-130 in progress - hopefully all sorted around July this year. At the end of Jul and August we have a couple of weddings to attend back in the states, and our 2 year anniversary is Oct of this year.

Ideally we (well I) can enter on the VWP with the IR-1 package in hand and not use it until we re-enter after the 2 year anniversary - does anyone see any problems with this approach? Obviously wont stay beyond the 90 day limit of the VWP.

Not the biggest issue if we enter with a CR-1 but would rather avoid the extra cash and paperwork 2 years later.

Thanks,

[TYorke1 9]

If the whole process is complete and the green card is in your passport then you would have to activate it the next time you enter the states.

However, the process can be delayed at NVC stage by up tp a year so you could always hold off on sending them the IV and AOS packs until 3 or 4 months before you want to leave.

[Penguin_ie 5,997]

Your plan is very unlikely to work- once the visa is in her passport, she'll have to use it. We have had a few cases from Canada, where people use a car bridge, where they were able to do what you want to do but it is rare.

If the weddings and not activating the visa till after the 2nd anniversary is important to you, I recommend delaying the interview till after the visit.

[pushbrk 13,207]

Odd question probably - and apologies for the incorrect use of some terms...

The situation is that my wife and I are currently living together in Australia and have an I-130 in progress - hopefully all sorted around July this year. At the end of Jul and August we have a couple of weddings to attend back in the states, and our 2 year anniversary is Oct of this year.

Ideally we (well I) can enter on the VWP with the IR-1 package in hand and not use it until we re-enter after the 2 year anniversary - does anyone see any problems with this approach? Obviously wont stay beyond the 90 day limit of the VWP.

Not the biggest issue if we enter with a CR-1 but would rather avoid the extra cash and paperwork 2 years later.

Thanks,

Avoiding removal of conditions is a worthy goal, but your plan is unlikely to work. Better to drag feet at the NVC stage and delay the visa interview until after two-year anniversary. Should be no difficulty in entering on the VWP, especially if you bring your appointment letter with you and any other documentation evidencing your intention to complete the immigration process. If you have an immigrant visa in your passport at entry, it is going to be used/activated.

[mattawara 19]

Thanks for the insight - helps understand the process.

I did something similar when I moved to Canada (I'm a kiwi, was there on a working holiday) - was able to enter on VWP and not activate the 1 year visa on first entry - though that may have been a nice CBP Agent.

Guess we'll just see how this all plays out based on a) how long the I-130 continues to take, b) how long the NVC stages take, and c) whatever else comes up.

If I end up entering before the 2 year anniversary and get a CR-1 it'll be fine - the marginal cost removing the conditions is really just peanuts compared to the whole process. Just thankful that we can spend this time together - funny that it's easier for us to spend this time in Australia than either of our home countries.

[JohnR! 5,495]

Considering the timeframe involved you may be able to do so by delaying your final interview until you return after the weddings in August.

Whereas what you propose is a possibility, the CBP may not be ammenable to comply with your request. From their pespective, the CR visa would allow you to return home as soon as it is endorsed so there is little incentive for them not to make you use it once you land stateside.

You can pace your process with the consulate in Australia by timing your interview. That might be your best shot.

Good luck!