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

Patrick

If you intend taking up permanent residence in the U.S., you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of an immigrant or fiancé(e) visa. However, if you wish to make a temporary visit at the end of which you will return to your permanent residence outside the United States, you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified.

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

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?

Patrick

Why should they care where you have been for the past month. The whold process to ensure that you are eligible to go no to trick you. The interview is to check your paperwork is in order basically not to interogate you.

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