GaryA

I am a UKC, my wife is a USC and we both live in London together. We have had our I-130 approved and in the process of completing the DS-230 pt 1 and DS-2001.

While these documents are processing and we wait for an interview appointment, can I travel to the US with her under the Visa Waiver Program? I do not want to give US immigration the impression that I am going to stay in the US past the 90-day limit, but have to visit the states in the next couple of months.

Further to this, does anyone if you can travel to the states for short periods of time once you have been granted your visa without raising red flags? Hopefully our application will be approved and the interview will be successful, but we do not want to move fully until early 2011!

Thanks in advance for your help!

ian-mstm

Yes.


Once you have the visa in your passport, you can travel to the US and activate that visa. On that day you will become a US Permanent Resident. You can then stay in the US as long as you need and return to the UK (keep it shorter than 6 months) and then move in early 2011 when you're ready.

Note: If you have property to sell, you will be subject to US capital gains tax if you sell the property after becoming a US PR.

Ian

GaryA

Thanks for your reply Ian - it's very helpful and greatly appreciated!

jeffreyhy

Or, as is often the case these days, a capital loss writeoff?

Regards, JEff

meauxna

If your move date is that far out in the future, you may want to delay returning some of your documents and not have your visa issued until closer to your travel plans.

agentpeppermint

My husband and I filed for our K1 in July 2008, he came over in Nov 2008 for the pending birth of our son in December. He happened to be carrying his NOA1 saying that USCIS had received my petition...I am assuming the IO was in a good mood because he saw this inadvertently and my husband was let in without much questioning...they just wanted to make sure he had financials while he was here. At the end of Nov we received notice the petition was now in London...we scheduled his medical here from the US for Feb 18th ( he went home feb 13th ) and he has his Visa Interview just the beginning of April Just to give you an Idea of the timelines involved, could be sooner or later.