Guiri

Hi,

I've read on many threads people stating that it's fine to enter the US on the VWP while a visa application is in process. Can anyone point me to an official reference where this is explicitly stated? Or is this just common knowledge from people's (in)direct experiences?

Thanks in advance.

randomgirl

I don't have an official link but I know from my own experience and that of other forum members that visiting on the VWP while applying for a visa is absolutely fine. It's a good idea to carry some proof of your intent to return to your home country though - such as a letter from work stating your vacation dates and when you're back at work, mortgage info or rental lease, a return ticket, etc. You're not very likely to be asked for any of this (I never was) but you have to answer any questions honestly, so if they ask you if you're applying for a visa (again, not likely!) then be honest about it. As I said, I never had a problem when I visited during my K-1 application process.

ian-mstm

There is no such reference, because there is no law that prohibits it.

Ian

katq

I am in the US now while my I-130 is pending and I had no problems: I explained I am visiting my husband and they only asked if I had a return ticket which I showed them.

MrBiggles

When appling for K-3 visa via the US Embassy in London (e.g. for me, UKC, to move to US with my USC wife, currently resident with me in London) is there any part of the process in which I surrender my passport to them, leaving me unable to travel?

When my wife (then girlfriend) was applying for a work visa to come to the UK, she had to post her passport away for months. I don't think I could do without my passport for that long, with my work and study commitments &c.

Thanks!

Noorah101

If your wife filed the I-130 directly to London, you will not be obtaining a K-3 visa. It will be an Immigrant Visa.

The only time they keep your passport is for several days right after your visa interview, so they can affex the visa into it. They courier it back to you.

Where do you work and study, that you need your passport for those things?

Rene

ian-mstm

Don't apply for a K-3 visa... which is to say, don't file the I-129F. Just don't do it. Let the I-130 process on its own.

Ian

MrBiggles

Thanks for your replies guys, I really appreciate it.

I study, via distance, at a university in Belgium. Live and work in the UK, but need to go to Belgium a few times a year. Would also like to keep my passport in order to visit USA on a VW while the applications are processing.
Not quite sure I understand 100%

My USC wife files I-130 at the Embassy in London. We await something (Notice of Action?) to come back.
Then I/we are contacted for interview at the Embassy in London? I get the medical at Kensington Doctors? Which further forms to fill out?
For a few days after the interview, the Embassy keeps hold of my passport while putting the sticker in.
On arrival in the US after that, I become a conditional LPR. Am I able to work, and leave-and-return, from that point on?
When do I physically get a Green Card?

Thanks again for your help!

ian-mstm

In your first post, you mentioned a K-3 visa. The K-3 visa is an inferior visa when compared to the immigrant visa (IV) that you will receive by filing only the I-130. Anyway, since it seems that you've only filed an I-130, you're not actually filing for a K-3!

When dealing with US immigration, terminology is important!


You'd be a CPR only if you enter the US before your 2nd wedding anniversary. If you enter after your 2nd anniversary, you'll be an LPR.


Yes.


The day you enter the US with your IV, your visa will be validated. That validation is a green card. The plastic card will come in the mail about 3-4 weeks later. However, the passport validation has the same full force of law as the card... with all its inherent rights and responsibilities.

Ian

katq

I am also wondering - when I enter the US on an immigrant visa, will I be allowed to start working straight away or will I have to wait for the SS number to arrive first which takes a few weeks? As far as I understand I also won't be able to drive until I get the SS number? Thanks.

ian-mstm

If you enter the US on an IV, you are authorized to work on day one. You don't need an SS# to get a job or start working, although you will need to show an employer proof that you have applied for a SS# - but you can start working immediately whether or not you actually have the SS card in your hand.


That depends on the state, but generally - yes, you'll need a SS# to get a driver's license. In many states, if you have a GC, they'll forego the SS# requirement... but, as I said, that's state specific, so you'll need to see what's required in your state.

Ian

katq

great, many thanks!

meauxna

A SS# isn't a requirement for driving, it is a requirement for a US driving license.

Your documents will take 3-4 weeks to arrive (SS card and green card). You are eligible to work and be paid without a SSN, but if you do not know your employer, you'll probably want to learn about this so you can do that little dance effectively (it will be out of the ordinary to most employers).

meauxna

Rather than rebutting your list, I think it will help you to read this wiki article about the process you are using:

http://britishexpats.com/wiki/DCF_I-...led_In_London_