Go Back  British Expats > Living & Moving Abroad > USA > Marriage Based Visas
Reload this Page >

Entering under the VWP while in possession of an Immigrant Visa

Entering under the VWP while in possession of an Immigrant Visa

Old Jan 10th 2013, 8:16 am
  #1  
BE Enthusiast
Thread Starter
 
Apfelkuchen's Avatar
 
Joined: Jul 2011
Location: Berlin, Germany
Posts: 588
Apfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond repute
Default Entering under the VWP while in possession of an Immigrant Visa

Is it possible to enter the US under the VWP whilst having an immigrant visa in your passport (i.e. simply not use the IV on that particular visit and be admitted as a tourist)?

I seem to remember reading the answer to this (or at least discussion of it) here before, but my searches aren't throwing up what I'm looking for. The same goes for Google searches, presumably because I'm not hitting the right combo of words. So I apologise if it is something that comes up a lot and, if it does, a link to an old thread would do just as well as an answer.

Thanks very much in advance.
Apfelkuchen is offline  
Old Jan 10th 2013, 9:27 am
  #2  
Forum Regular
 
Joined: Sep 2012
Posts: 163
COSPhil is just really niceCOSPhil is just really niceCOSPhil is just really niceCOSPhil is just really niceCOSPhil is just really niceCOSPhil is just really niceCOSPhil is just really niceCOSPhil is just really nice
Default Re: Entering under the VWP while in possession of an Immigrant Visa

The answer it is it is possible and I have read examples of where people have done this successfully.

However, the POE Officer has the right to insist you use the visa in your passport, and will likely want an explanation as to why you wish to use the VWP instead of the immigrant visa.

One other way to help this is you are able to have a second passport from the UK Passport & Identity Service for the purposes of visa processing - in my line of work many people (although not myself) have a second passport to enable one to be processed for visas and to travel on the other.
COSPhil is offline  
Old Jan 10th 2013, 9:50 am
  #3  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Entering under the VWP while in possession of an Immigrant Visa

Originally Posted by Apfelkuchen
Is it possible to enter the US under the VWP whilst having an immigrant visa in your passport...
Yes, it's possible.

Ian
ian-mstm is offline  
Old Jan 10th 2013, 10:31 am
  #4  
BE Enthusiast
Thread Starter
 
Apfelkuchen's Avatar
 
Joined: Jul 2011
Location: Berlin, Germany
Posts: 588
Apfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond repute
Default Re: Entering under the VWP while in possession of an Immigrant Visa

Originally Posted by COSPhil
However, the POE Officer has the right to insist you use the visa in your passport, and will likely want an explanation as to why you wish to use the VWP instead of the immigrant visa.
Have you any idea under what circumstances they would insist on the IV being used? (I realise there doesn't have to be a good reason - just curious). My explanation would simply be that I want to visit my husband but am not quite ready to establish permanent residency (though it's only a hypothetical situation at this point based on various 'what ifs' that may or may not come to pass - I'm just trying to put a plan together for various eventualities).
Apfelkuchen is offline  
Old Jan 10th 2013, 12:14 pm
  #5  
Forum Regular
 
Joined: Sep 2012
Posts: 163
COSPhil is just really niceCOSPhil is just really niceCOSPhil is just really niceCOSPhil is just really niceCOSPhil is just really niceCOSPhil is just really niceCOSPhil is just really niceCOSPhil is just really nice
Default Re: Entering under the VWP while in possession of an Immigrant Visa

Originally Posted by Apfelkuchen
Have you any idea under what circumstances they would insist on the IV being used? (I realise there doesn't have to be a good reason - just curious). My explanation would simply be that I want to visit my husband but am not quite ready to establish permanent residency (though it's only a hypothetical situation at this point based on various 'what ifs' that may or may not come to pass - I'm just trying to put a plan together for various eventualities).
Essentially - you've hit the nail on the head, there doesn't have to be a good reason.

Logically thinking, I would imagine it is to do with a visa outranking the visa waiver program. The VWP by its' very nature is a waiver of the requirement to have a Visa.
COSPhil is offline  
Old Jan 10th 2013, 1:10 pm
  #6  
BE Enthusiast
Thread Starter
 
Apfelkuchen's Avatar
 
Joined: Jul 2011
Location: Berlin, Germany
Posts: 588
Apfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond repute
Default Re: Entering under the VWP while in possession of an Immigrant Visa

Amusingly, while searching for completely different terms, Google threw up this thread from 2011: http://britishexpats.com/forum/showthread.php?t=728129. I even contributed to the thread, so no wonder I had a vague memory of the topic! Post #10 seems to suggest I would be OK under the VWP. That said, I still don't know if I would risk it.
Apfelkuchen is offline  
Old Jan 10th 2013, 4:07 pm
  #7  
BE Forum Addict
 
Joined: Feb 2010
Location: Temecula, CA
Posts: 4,759
GeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond repute
Default Re: Entering under the VWP while in possession of an Immigrant Visa

Originally Posted by Apfelkuchen
Have you any idea under what circumstances they would insist on the IV being used? (I realise there doesn't have to be a good reason - just curious). My explanation would simply be that I want to visit my husband but am not quite ready to establish permanent residency (though it's only a hypothetical situation at this point based on various 'what ifs' that may or may not come to pass - I'm just trying to put a plan together for various eventualities).
Presumably if you have an IV in your passport, at some point that and/or the medical will expire before too long. Personally I would be keen to get that used/validated/whatever and then return back to finish tidying up your affairs before moving over for good. Others can advise on timescales and strategies for that one, to ensure you don't do anything wrong in the eyes of immigration.
GeoffM is offline  
Old Jan 10th 2013, 4:57 pm
  #8  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Entering under the VWP while in possession of an Immigrant Visa

Originally Posted by Apfelkuchen
Have you any idea under what circumstances they would insist on the IV being used?
What difference if you have to use the IV? Using the IV doesn't mean you can't travel... after all, you're not a prisoner in the US. Once your visa is endorsed, you can immediately catch a flight back if you want. You don't even need to leave the airport. It won't affect your status at all.

Ian
ian-mstm is offline  
Old Jan 10th 2013, 5:01 pm
  #9  
BE Forum Addict
 
Joined: Feb 2010
Location: Temecula, CA
Posts: 4,759
GeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond repute
Default Re: Entering under the VWP while in possession of an Immigrant Visa

Originally Posted by ian-mstm
Once your visa is endorsed
That's the word I was struggling for!
GeoffM is offline  
Old Jan 10th 2013, 5:08 pm
  #10  
Member
 
jeffreyhy's Avatar
 
Joined: Apr 2001
Posts: 14,049
jeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond repute
Default Re: Entering under the VWP while in possession of an Immigrant Visa

A really interesting question. In my limited research I have found no definitive answer, which helps to explain the anecdotal evidence that it's possible, some people have done it, but there's no guarantee.

Some intriguing clues:
- The FAM tells a consular officer that when an immigrant visa is issued non-immigrant visas are to be cancelled. A person who is eligible for the VWP doesn't need a non-immigrant visa anyway, but wouldn't it follow that if non-immigrant visas are to be cancelled then use of the VWP is similarly cancelled? I don't know if this is written anywhere, though.
- The IFM does not address the issue, that I could find. It does discuss the examination and processing of the Immigrant Visa Packet, but what is the CBP officer to do if you request entry under the VWP and do not have the packet with you to be inspected?

Aside: Although they don't help with your question, the FAM, IFM, and the AFM contain the answers to many FAQs. We - questioners and responders both - really should refer to them more often before posting.

Regards, JEff


Originally Posted by Apfelkuchen
Is it possible to enter the US under the VWP whilst having an immigrant visa in your passport (i.e. simply not use the IV on that particular visit and be admitted as a tourist)?
jeffreyhy is offline  
Old Jan 10th 2013, 5:12 pm
  #11  
Member
 
jeffreyhy's Avatar
 
Joined: Apr 2001
Posts: 14,049
jeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond repute
Default Re: Entering under the VWP while in possession of an Immigrant Visa

How is he to enter as a new immigrant if his petitioner/sponsor is not in the USA, but is still living in the UK? (A rhetorical question, I don't have the answer.)

Regards, JEff


Originally Posted by ian-mstm
What difference if you have to use the IV?
jeffreyhy is offline  
Old Jan 10th 2013, 5:19 pm
  #12  
BE Enthusiast
Thread Starter
 
Apfelkuchen's Avatar
 
Joined: Jul 2011
Location: Berlin, Germany
Posts: 588
Apfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond repute
Default Re: Entering under the VWP while in possession of an Immigrant Visa

Originally Posted by GeoffM
Presumably if you have an IV in your passport, at some point that and/or the medical will expire before too long. Personally I would be keen to get that used/validated/whatever and then return back to finish tidying up your affairs before moving over for good. Others can advise on timescales and strategies for that one, to ensure you don't do anything wrong in the eyes of immigration.
I don't yet have the IV, nor have I had the medical - just planning ahead for later in the year. (I won't go into all the boring details of my situation. Suffice to say that because I don't yet know exactly when I will need to move I am planning for a number of eventualities.) Part of that, as you say, will be making sure I use the visa in good time, while also making sure I don't use it too early. Prior to that, I am trying to decide how long to drag my feet on sending my IV package to the NVC and, when the time comes, scheduling my medical.
Apfelkuchen is offline  
Old Jan 10th 2013, 5:27 pm
  #13  
BE Enthusiast
Thread Starter
 
Apfelkuchen's Avatar
 
Joined: Jul 2011
Location: Berlin, Germany
Posts: 588
Apfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond repute
Default Re: Entering under the VWP while in possession of an Immigrant Visa

Originally Posted by ian-mstm
What difference if you have to use the IV? Using the IV doesn't mean you can't travel... after all, you're not a prisoner in the US. Once your visa is endorsed, you can immediately catch a flight back if you want. You don't even need to leave the airport. It won't affect your status at all.

Ian
I realise that - my concern is rather with not having the visa endorsed too far in advance of my final move date lest I should run the risk of abandoning residency.

Originally Posted by jeffreyhy
How is he to enter as a new immigrant if his petitioner/sponsor is not in the USA, but is still living in the UK? (A rhetorical question, I don't have the answer.)

Regards, JEff
My petitioner/sponsor is already in the US. (Though I'm not sure if you are referring specifically to me or just raising this question in general.)

EDIT: Despite what I said in the previous post, would it be useful if I wrote up the full details of what I am trying to do to make the problem clearer?

Last edited by Apfelkuchen; Jan 10th 2013 at 5:31 pm.
Apfelkuchen is offline  
Old Jan 10th 2013, 5:36 pm
  #14  
Member
 
jeffreyhy's Avatar
 
Joined: Apr 2001
Posts: 14,049
jeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond repute
Default Re: Entering under the VWP while in possession of an Immigrant Visa

I am screwing up by confusing you with another poster. I apologize for creating confusion in this thread.
Originally Posted by Apfelkuchen
My petitioner/sponsor is already in the US. (Though I'm not sure if you are referring specifically to me or just raising this question in general.)
Yes.
Originally Posted by Apfelkuchen
EDIT: Despite what I said in the previous post, would it be useful if I wrote up the full details of what I am trying to do to make the problem clearer?
Regards, JEff
jeffreyhy is offline  
Old Jan 10th 2013, 5:56 pm
  #15  
BE Enthusiast
 
Joined: Oct 2010
Location: Boston
Posts: 707
DavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond repute
Default Re: Entering under the VWP while in possession of an Immigrant Visa

Originally Posted by Apfelkuchen

EDIT: Despite what I said in the previous post, would it be useful if I wrote up the full details of what I am trying to do to make the problem clearer?
Like they say on here quite often. If you want good information you have to supply good information.

Thats a yes by the way
DavidLemon is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.