Entering under the VWP while in possession of an Immigrant Visa
Jan 10th 2013, 6:21 pm
#16
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Re: Entering under the VWP while in possession of an Immigrant Visa
Here goes!:
Due to work reasons I may need to move as early as July but it could be as late as September. I likely won't know until much nearer the time. My husband submitted the I-130 in mid-August 2012 on the grounds that if the whole process took 10 months I would have a visa just in time for the earlier date and that even if it only took 8 months it would hopefully still be valid in September. However, things have progressed more quickly than we expected, and we are already at the stage where I can submit my IV application to the NVC. Consequently, I may need to stall things so my medical will still be valid in September but I don't want to stall for longer than necessary, in case we run into any unforeseen problems during the remainder of the process and then have difficulty with the July date. My plan was thus only to put off the medical until March (thus still being confident of having a visa in advance of July and still having a valid one in September). But it would be nice to see my husband sometime before July/September, so I had hoped to visit him in April/May. My concern is now that if I only stall the medical until March I might already have the visa by the time I want to visit him, yet I would be nervous about having the visa endorsed as early as April/May in case I don't end up moving until September. If it were clear that I could still travel on the VWP with an IV in my passport, this would cease to be an issue, but as that doesn't seem clear I need to decide whether to forget about the April/May trip or to postpone my medical beyond March and, if so, how late to push it so that I avoid getting the visa before that trip but still get it before July.
My head hurts.
Due to work reasons I may need to move as early as July but it could be as late as September. I likely won't know until much nearer the time. My husband submitted the I-130 in mid-August 2012 on the grounds that if the whole process took 10 months I would have a visa just in time for the earlier date and that even if it only took 8 months it would hopefully still be valid in September. However, things have progressed more quickly than we expected, and we are already at the stage where I can submit my IV application to the NVC. Consequently, I may need to stall things so my medical will still be valid in September but I don't want to stall for longer than necessary, in case we run into any unforeseen problems during the remainder of the process and then have difficulty with the July date. My plan was thus only to put off the medical until March (thus still being confident of having a visa in advance of July and still having a valid one in September). But it would be nice to see my husband sometime before July/September, so I had hoped to visit him in April/May. My concern is now that if I only stall the medical until March I might already have the visa by the time I want to visit him, yet I would be nervous about having the visa endorsed as early as April/May in case I don't end up moving until September. If it were clear that I could still travel on the VWP with an IV in my passport, this would cease to be an issue, but as that doesn't seem clear I need to decide whether to forget about the April/May trip or to postpone my medical beyond March and, if so, how late to push it so that I avoid getting the visa before that trip but still get it before July.
My head hurts.
Jan 10th 2013, 6:33 pm
#17
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Re: Entering under the VWP while in possession of an Immigrant Visa
I had similar concerns about timing, though in the end it was pretty much dictated when things would happen. Even your widest dates (April-September) is under 6 months, so is the abandonment an issue? (I don't know but I thought it was longer than that)
Jan 10th 2013, 6:39 pm
#18
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Re: Entering under the VWP while in possession of an Immigrant Visa
. Re: the abandonment issue: In what I've read I haven't been able to find a concrete answer (and assume there isn't one). On this forum I have seen 5-6 months mentioned as the rough limit, but I don't want to risk pushing that limit, if indeed it does exist. If it were a case of 1-2 months I would be more comfortable, but 4-5 less so.
Jan 10th 2013, 8:39 pm
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Re: Entering under the VWP while in possession of an Immigrant Visa
Jan 10th 2013, 9:19 pm
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