fiona8

Hi everyone!
So I have this question: I just had my visa petition approved, but I can only receive the actual visa after my appointment at the US embassy. However it is pretty busy at the moment and I´ll only be seen in a couple weeks.

Meanwhile I have a cruised booked that departs from Miami in two weeks, and I was going with a waiver from ESTA which I already have. I didn´t know that meanwhile my O1 petition would be approved.

My question is: If I get to the immigration at the airport with my waiver and the officer sees in the system I have a 01 approved but am not carrying it with me yet, he may believe you are entering the U.S. to work and deny my entry?
My lawyer told me thsi would likely happen.

It doesn´t make any sense to me since it´s not my fault I can´t get the visa interview before and I have this trip booked for months, before knowing if my 01 would ever be approved.

Anyone has any experience with this? Help is greatly appreciated.

ian-mstm

That's not likely to happen... because an approved petition is not an approved visa - and you don't yet have the visa.

Ian

tht

I traveled on VW a few times and was in the US when my petition was approved for my L1, I recall calling the call center [in Glasgow?] from NYC to make the appointment. You never know for sure what will happen, but if you can make your appointment before you travel it seems to me that a visa interview appointment confirmation letter may be good evidence of something you need to leave the US for at the end of your trip if the issue of an approved O1 petition is mentioned.

crg

It's not likely to happen unless you have a problematic immigration history. You'll have a cruise booked, an appointment at the consulate and a return ticket. I don't see why that would be a big concern.