travel to US under VWP (ie as a tourist) whilst I601 is being approved

[Boiler 46,096]

B2 Visa

[Enigma23 68]

You can always apply but here is one "official answer" that may help.

Can I travel to the U.S. while my application for an immigrant visa is being processed?

If you intend to take up permanent residence in the United States, you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or travel there visa free under the Visa Waiver Program while awaiting the issuance of an immigrant or fiancé(e) visa. However, if you wish to make a short visit for business or pleasure at the end of which you will return to your permanent residence outside the U.S., you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified.

If applying for a B-2 visa, you are required to furnish evidence of your residence outside the U.S. to which you intend to return at the end of your temporary stay. Although a pending immigrant or fiancé(e) visa application is not necessarily conclusive evidence of intent to abandon your overseas residence, it is certainly a factor considered by consular officers reviewing a visa application. If you are unable to convince the consular officer reviewing the application that you do not intend to abandon your overseas residence, you will not be issued a visa.

When traveling to the U.S. either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you, for presentation to the U.S. Immigration Offier, evidence of your residence outside the U.S. If the Immigration Officer is not convinced that you are a bona fide short term visitor for pleasure, you will be denied entry into the United States regardless of whether you hold a tourist visa or not.

On a personal note:

My Fiance applied for a B-2 Visa (while our K-1 Visa was being processed) and was denied in under 2 minutes. he said she didn't even make eye contact... Asked if he owned a home. He said no. She said Application Denied. Next!

Edited July 11, 2014 by Enigma23

[Derwood 203]

I applied for a B2 visa whilst my K1 Fiance was being processed and was approved. I was interviewed for the B2 visa at the London embassy on the same day that my K1 papers arrived at the embassy from the NVC.

The B2 visa interview was really really hard and the consular officer knew their stuff. If I hadn't researched things so extensively I think he would have denied the visa. I get the impression that they don't like approving B2 visas at London, but that's just a feeling. Thankfully I was ready for the CO and had prepared a stack of documents proving my intent to return to the UK, although he didn't ask to see any of it. It was a real interrogation and by the time they said "You're approved" I had nearly fallen on the floor,

In comparison, the same consular officer interviewed me for my K1 visa. When I reminded them of the 'tough' B2 interview they said "Oh yeah I gave you a really hard time didn't I. Well you're not getting a hard time today, you're approved!"

Good luck. If you want to PM me for any further information, feel free.

[Boiler 46,096]

Most people from the UK can use the VWP, so B2's are going to be the difficult cases by definition.

[jan22 3,064]

To bring the discussion back a bit, if the visa officer denied your immigrant visa under a section of the law that requires you to get a 601 waiver (it sounds like that's what happened), that same ineligibility will apply to any travel to the US -- it will mean you can't use ESTA (since you need a waiver) and to get the visitor's visa (B1/B2), you will also need a waiver. So -- until that waiver is received, there is no means for you to travel to the U.S. Good luck.

[Derwood 203]

Most people from the UK can use the VWP, so B2's are going to be the difficult cases by definition.

Agreed for the most part. Don't forget there are people that qualify for travel under the VWP who still choose to get a visitor visa though. For some people 90 days isn't long enough or they are frequent travellers to the US. For my part, I was too worried about getting denied entry whilst my K1 was processing and leaving my travelling companion stranded in a country he had never visited before; applying for the B2 visa gave me some personal reassurance.

Anyway, I don't want to de-rail this thread any further as the OP has some serious issues to consider. Once again, good luck!

[Boiler 46,096]

B2 or VWP, they are both basically the same, allows you to knock on the door.

[lindsaycaldwell 0]

Thanks for the responses.

Bottom-line appears to be that I cannot be with my wife in our new home in San Francisco until I finally get a spouse visa which looks like being at least another 3 months and possibly more than 6 months .

You would think that when you pay almost $600 to file a form (I601 waiver) you would get a reasonable level of service....

The fact that I have been declared inadmissible due to a single petty offense (presenting an expired rail pass to an inspector on a train in Australia 10 years ago) has made me question relocation to the US from a good life in Europe,

[Boiler 46,096]

Sort of surprised that it needed a waiver, but the I 601 is a rather large package, not just a form.