VWP when filed for I129F and I130

[farcry80 0]

Hi all,

I know this question has probably been beaten to death before but I didnt find the answer to my specfic questions. I have filed the I130 and I129F for my wife in the UK (british citizen). Waiting for the NOA2 on the I129F. She has been here numerous times before on the VWP. My sister is getting engaged and I wanted her to come down for that just for the week.

I know its lawful to come under the VWP but on reading the forums it looks like people get denied at the POE. It also looks like this happens because the immigration officer at the POE makes a determination that the person has an intent to immigrate.

1) Is this determination based upon information voluntarily offered by people that they are visiting their spouses?

2) Does she have to say that she is visiting me or is it enough that she says her freind is getting engaged?

3) If she says her friend is geting engaged do they have any other way of knowing simply based upon the 30 seconds they spend with the person at the point of entry or the form that visitors are made to fill out that there is a petition filed for her?

Thank you all.

[raymaga 25]

To answer the question "What is the purpose of your trip to the U.S.?"..... she would not be lying to say "To visit my friend who is getting engaged". However, if asked anything about a pending application with USCIS, she can truthfully answer that she is awaiting the NOA2.

I always found it best to say as little as possible, answer only questions you are asked, and with a minimum of information, without lying.

She will need to take as much evidence of her ties to her home country to prove she will return after her "visit" to increase her chances of being admitted. Such things as her most recent pay stub, mortgage/lease documents, etc. are such examples of ties to her country.

I was successful at entering the U.S. (from Canada by car) several times while our K-1 application was being processed. I did get asked for ties to Canada on occasion, other times I was just asked why I was entering the U.S., and I told them the reason was to visit my boyfriend. Every officer is different.

Good luck.

Edited June 12, 2007 by raymaga