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Baciare

Traveling under the Visa Waiver program while waiting for I-130?

By Baciare in Working & Traveling During US Immigration

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Baciare Newbie

Baciare   0

Posted
Filed: Other Country: Cayman Islands
 Timeline
Posted

Hi Everyone,

I'm planning on starting the process for applying for a green card based on marriage to a US citizen. I'm a British citizen living in the Cayman Islands, my husband and I have been living together for the past 7 years in the Cayman Islands. My husband moved back to the States 3 months ago for work, and I will (hopefully) be joining him in about a year or so.

We are trying to determine the best way to file for my green card. However, I'm somewhat confused about traveling while my application is in process.

As a British citizen I don't need a visa to travel to the states as I fall under the ETSA visa waiver program, therefore once my husband files the I-130, am I able to still go and visit him under the visa waiver program or will I need to apply for a spousal visa (K3, 1R1/CR1) in order to visit my husband?

Thanks in advance for any advice/help!

Baciare

Hypnos Grand Master

Hypnos   6,578

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

You can still use the VWP even with an I-130 in-process, but you may need to show proof that you must return to your country of origin at the end of your authorised stay.

As a British citizen it's unlikely that CBP will ask to see such proof, and you'll probably just be waved right through, but it's something to bear in mind.

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Boiler Grand Master

Boiler   45,949

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Odd visits are not likely to be an issue.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,949

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

You have applied for a spousal visa.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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