Holiday visit with pending I-130
#1
Just Joined
Thread Starter
Joined: Sep 2002
Location: London
Posts: 6
Holiday visit with pending I-130
Hello,
My wife (US citizen) and I (UK citizen) have recently filed an I-130 petition here in London, and I have been told that I probably wont get an interview with the Immigration Unit until some time in Feb 2003.
My question is in the meantime, am I able to enter the US under the normal visa waiver program so that I can visit my wife's family for Christmas/New Year? or does the fact that I am now in the process of applying for an immigrant visa mean that I have to stay here until it is all done?
Regards
JS
My wife (US citizen) and I (UK citizen) have recently filed an I-130 petition here in London, and I have been told that I probably wont get an interview with the Immigration Unit until some time in Feb 2003.
My question is in the meantime, am I able to enter the US under the normal visa waiver program so that I can visit my wife's family for Christmas/New Year? or does the fact that I am now in the process of applying for an immigrant visa mean that I have to stay here until it is all done?
Regards
JS
#2
Re: Holiday visit with pending I-130
Originally posted by johnsmith
Hello,
My wife (US citizen) and I (UK citizen) have recently filed an I-130 petition here in London, and I have been told that I probably wont get an interview with the Immigration Unit until some time in Feb 2003.
My question is in the meantime, am I able to enter the US under the normal visa waiver program so that I can visit my wife's family for Christmas/New Year? or does the fact that I am now in the process of applying for an immigrant visa mean that I have to stay here until it is all done?
Regards
JS
Hello,
My wife (US citizen) and I (UK citizen) have recently filed an I-130 petition here in London, and I have been told that I probably wont get an interview with the Immigration Unit until some time in Feb 2003.
My question is in the meantime, am I able to enter the US under the normal visa waiver program so that I can visit my wife's family for Christmas/New Year? or does the fact that I am now in the process of applying for an immigrant visa mean that I have to stay here until it is all done?
Regards
JS
If applying for a B-2 visa, you are required to furnish evidence of your residence outside the United States to which you intend returning at the end of your temporary stay. Although a pending immigrant or fiancé(e) visa application is not necessarily conclusive evidence of intent to abandon a U.K. residence, it is a factor considered by consular officers reviewing a visa application. If you are unable to convince the consular officer reviewing the application that you do not intend abandoning your residence, you will not be issued a visa.
When traveling to the U.S. either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to U.S. immigration evidence of your residence outside the U.S. If the immigration inspector is not convinced that you are a bona fide visitor for pleasure, you will be denied entry into the United States.
Patrick
#3
Just Joined
Thread Starter
Joined: Sep 2002
Location: London
Posts: 6
Thanks Patrick,
I have been in and out of the US a few times this year, and I guess the immigration people at Philly airport aren't going to know that I have a pending I-130 in London when I come in for a month vacation under the waiver program, but I am worried that when interview time comes along the London embassy are going to look at my passport and say "what were you doing in the US for the past month?" and that my response of "Nothing - watching TV and drinking beer" isn't going to be good enough. If I am not looking for work or costing Uncle Sam anything while I'm over there, will they care where I have been?
I have been in and out of the US a few times this year, and I guess the immigration people at Philly airport aren't going to know that I have a pending I-130 in London when I come in for a month vacation under the waiver program, but I am worried that when interview time comes along the London embassy are going to look at my passport and say "what were you doing in the US for the past month?" and that my response of "Nothing - watching TV and drinking beer" isn't going to be good enough. If I am not looking for work or costing Uncle Sam anything while I'm over there, will they care where I have been?
#4
Originally posted by johnsmith
Thanks Patrick,
I have been in and out of the US a few times this year, and I guess the immigration people at Philly airport aren't going to know that I have a pending I-130 in London when I come in for a month vacation under the waiver program, but I am worried that when interview time comes along the London embassy are going to look at my passport and say "what were you doing in the US for the past month?" and that my response of "Nothing - watching TV and drinking beer" isn't going to be good enough. If I am not looking for work or costing Uncle Sam anything while I'm over there, will they care where I have been?
Thanks Patrick,
I have been in and out of the US a few times this year, and I guess the immigration people at Philly airport aren't going to know that I have a pending I-130 in London when I come in for a month vacation under the waiver program, but I am worried that when interview time comes along the London embassy are going to look at my passport and say "what were you doing in the US for the past month?" and that my response of "Nothing - watching TV and drinking beer" isn't going to be good enough. If I am not looking for work or costing Uncle Sam anything while I'm over there, will they care where I have been?
I suggest you go to the US for the month and then go into your interview proud and erect and say " I am going to America to be with my woman" then fart loudly to add to the dramatic effect
Patrick