Visiting US during Immigration Process

[DLR 0]

Hello,

I live abroad and I am now petitioning for my wife to obtain a immigratin Visa (Green Card). We are at the very beginning stages and do not expect to complete the process before Summer 2015. This coming May, we have a family event in the US and I would like for my wife to attend. In the past, since she had a French passport, she qualified for the Visa Waiver Program and was granted automatic entrance as a tourists.

My question: will my wife still be able to enter the US under the Visa Waiver Program during the immigration process? Or does she need special entry papers? Where can I find info on this?

Thanks.

[JohnR! 5,495]

She can travel under VWP/ESTA while the process in underway. Unless there is something that might prevent her from benefiting from the privilege, she should not need any additional documentation.

[Penguin_ie 5,993]

**** Moving from Bringing Family to CR-1 spousal visa ******

Yes, your wife can still use the visa waiver program. It is a good diea to bring some proof that she will return- letter from the employer or similar- but she is unlikely to even be asked.

[DLR 0]

Hi,

Thank you both for your quick reply! Is there a need to ask somone from Immigration or do you know if there is any area on USCIS or NVC that mentions this?

[JohnR! 5,495]

I am not sure if this is mentioned anywhere in the USCIS/DoS website, however, when she fills out the ESTA applications she will be asked all pertinent questions. If her ESTA is approved she won't have any problems traveling to the US.

As Penguin pointed out, she should make sure she has evidence with her that she will be returning home at the end of her stay.

Good luck!

Hi,

Thank you both for your quick reply! Is there a need to ask somone from Immigration or do you know if there is any area on USCIS or NVC that mentions this?

[mallafri76 1,012]

I travelled to visit my husband in November, with our I-130 pending and had no problem. I also asked to speak to a CBP supervisor and he confirmed that it is totally legal to enter the US during the immigration visa process as long as it is for the right reason. I.e, if your wife travels under the visa waiver program, her intent is to enter the US as a tourist and leave within 90 days.

[Ketsuban 1,034]

I visited my husband during our CR-1 process and it was a cinch.

[NikLR 13,227]

We do have a topic dedicated to this in the IR1/CR1 process and procedures forum.