ian-mstm

To clarify, it's not illegal to enter the US on the VWP and, while here, apply for an immigrant visa. It would be illegal to adjust status after entering as a visitor, but that's not the same thing and, of course, there must be some basis for getting the immigrant visa... such as marriage to a US citizen!

Ian

ian-mstm

It doesn't really have to do with the size of the country. US immigration law is written specifically to keep non-US citizens OUT of the US unless they fall into one of a few very narrowly-defined exceptions. Having no specific rules on entry gives the officer the widest possible latitude to keep you out of the US... which, when you boil it down, is what he's paid to do!


Considering an immigrant visa can take close to a year, you probably want to stay employed in your own country... because you certainly can't work in the US when you're here as a visitor.

Ian

Noorah101

Pete,

I don't understand your question. Would *what* really be practical to do? If you are employed at the moment in your home country, how would you be spending all this time in the USA as you planned, anyway? Were you planning to quit your job back home?

When the Immigrant Visa is in progress, you will be visiting the USA just as you normally would on the VWP, and thus handling your employment situation the same way....I guess taking some time off work to visit the USA, right?

Rene

petergus

Rene,
actually im the US citizen. wanting my daughter (1 year old) and EU citizen mother to come over, so they dont work anyway. ya the idea was for them to come to america for just a year and then see. we thought a B2 visa would work with multiple entry and anyway it would have been 6 months.

seems only options are
A) 90 days
B) marry
c) try for some other form of immigrant visa

petergus

ah right would *that* = here 90 days, fly back some weeks, again come 90 days, etc. i mean...they would be able to see you have an immigrant visa in the process and be a inclined to let you, or get warry that you fly back and forth so much.

Noorah101

Well, as I said, there's really only time for 1 more VWP trip while the immigrant (or K-1, either one) is processing, so who knows. I don't know if the POE officer can see that there's something in process or not, but assume they can. I'd say most folks get let through when they visit during the process.

I should also point out, though, that her B-2 visa was denied yesterday, she now has to do a new ESTA, which may or may not get approved anyway....so she might not even be coming to the USA anytime soon as it is.

But really, if you are going to be doing an Immigrant Visa process (or K-1 fiance visa process), the intent is for them to remain permanently in the USA anyway....so even if they get bounced at the POE and sent back home, it won't disrupt the visa process. It will just be annoying and inconvenient, and the cost of a ticket down the drain. But it won't prohibit the long-term plans.

With so much up in the air right now, not knowing if she can even come to the USA anytime soon as a visitor, you might want to think about the K-1 visa. You can start that process right now by getting what you need from her and filing the I-129F, without having to meet in person again to get married first.

Is your daughter already a USC? Are you able to pass your citizenship to her? That's another thing to look into.

Rene

Noorah101

There is no other form of Immigrant Visa, for her, unless she has other family in the USA who can sponsor her.

You can look into doing a K-1 fiance visa.

Or she can look into another visa to come to the USA...student, work, etc. Don't know if she qualifies, but you can look at all the options if you want.

Rene

petergus

i found somewhere else saying that if you tell esta you were refused a b2 visa it will automatically disqualify you....!!

E3only

Don't think so....again case by case but not a rule.

Noorah101

Not automatically, no. Some people have no problem getting an approved ESTA after a B-2 denial. Some people get a denied ESTA. Some people wait 6 months or so after a visa denial to try ESTA again. You just never know. In any case, it's not an automatic denial of ESTA.

Rene

scrubbedexpat099

Isn't your daughter a USC?

What would c be?

petergus

ya for her we are already processing her citizenship and passport, its just the mother that is posing difficult. seems odd to me that no allowance would be made for this unless youre actually married. i mean it seem it would be more concrete and obvious if there was a child together vs simply being marrried.

huh?

per ESTA: ive read that its not required when entering by land....maby its easier to get in via land through canada?? anyone ever do that??

lisa67

By land they still use the green 194w cards which has the same questions on it as the esta.

crg

It's not required by land, but that doesn't mean you get a free pass if you have an approved ESTA gained with inaccurate information, or an ESTA denial.

There is a difference between never applying for an ESTA at all, attempting to use an ESTA with incorrect answers to the question, or an ESTA denial.

An ESTA denial means you need a visa to cross the border, by air, land, or sea.

They can grant 90 days or refuse the person outright. They can't (or aren't supposed to) grant anything less than 90 days unless the person's passport expires sooner than 90 days, or the person is being readmitted for the remainder of the original 90 days following a departure merely to contiguous/adjacent territory.

petergus

which makes me nervous to reapply for the esta....could just leave it, since it was filled out before any vsia applications. it seems that might be less risker then getting a denied esta and not being able atall!