jukes

Hi,
We finally submitted the I-130 in May and are waiting.... it is for my children aged 5 + 8 and husband. I am the US citizen.
Our house in UK has been up for sale for almost a year with little interest, suddenly there is interest and one buyer is chain free cash buyer! So, in theory she could want us out by Sept/Oct.
Also, a great business in USA has come up that we are seriously keen on buying, so the sooner the better for that.
However, I don't relish the though of leaving husband, 2 kids behind, with no home! Whilst they wait for visas.
Is it really unrealistic to think they could come out to USA with me on VWP and fly back for their visa interview? What proof is needed to show they are only 'visiting' USA during this temporary time? Any other ideas??
Thanks.

Noorah101

They ARE allowed to visit the USA using the VWP during the Immigrant Visa process. They cannot stay all the way up until they have their interview, because they will need to be back in the UK to get their medicals done, which must be done before the interview date. How close they can stay in the USA to the interview date, just depends on the timing of their US visit and their medical/interview date. If they stay in the USA 85 days and don't yet have an interview date, then no, they can't stay all the way up till then....they have to leave before 90 days is up.

Having a USC spouse and mother might make it more difficult for them to enter the USA on the VWP, since the POE agent could think they intend to remain in the USA and try to adjust status. They should bring all the usual proof that they must return to the UK....letter from employer with a specific date of return to work, letter from school or summer school or whatever the kids are doing during the summer showing they need to be back, usually a mortgage/rental agreement can be shown but they won't have this if the house sells, etc.

All they can do is try. Hope for the best, expect the worst, and go from there. The good news is that if they get turned away at the US POE, it won't affect their Immigrant Visas. The bad news is that it was money wasted on plane fare.

Rene

jukes

We have just had our petitions approved. We need to make a business trip end of sept to US for 5 days, what other proof will UKC husband need to prove he will return to UK? Letter from work but they don't know yet he is leaving. I guess interview will be around nov/Dec.

ian-mstm

How about a letter from work indicating he's taking a trip to the US at the end of September for 5 days? They'll expect him back following, won't they?

Ian

jukes

Yes, I guess he can make some excuse as to why he needs work to write it.
Thanks

Moxie

Back to your first post. The children should get US passports based on their mother being a US citizen. They don't need visas, medicals, etc and would be free to move with you whenever you go once you apply/get their passports.

If you husband has not made frequent long trips to the US, they likely won't be questioning him. A five day trip is hardly suspicious. Going on holiday to see relatives is not unusual use of VWP. The guys at the airport do NOT know who has filed a petition. If he went for 90 days, then three weeks later returned for 90 more--that might be cause for suspicion that he was trying to "live" in the US on VWP.

Other things beside employer letter to show ties to the UK are proof of owning a residence in the UK, bank statements and utility bills.

S Folinsky

As to the kids, they may or may not be citizens. In the original post in this thread, I only perceived the possibility that kids may be citizens.

Also, the minions of the Dark Forces who man the inspection booths at the POE's have computer screens tied into a pretty extensive database. They are often aware of the fact that a visa petition has been filed.

jeffreyhy

Make up? How about the truth - he wants to visit the USA with his US citizen wife (and US citizen kids?) while she goes there for 5 days, and he wants to avoid the possibility that a CBP officer will not grant him entry for fear that the family might be planning to, or decide to, stay?

Regards, JEff

jukes

My kids also have applied under immediate relative category as I have not been resident ever in the USA. I am a USA citizen because my mother is American, I have always lived in UK. The children will not come on this 5 day trip as it is a business trip, and yes, I wouldn't want to pay for the flights and have my husband turned away once at immigration in US due to visa application pending. I had read before about the computer with all the info on it!
Thanks!

Moxie

I was only suggesting they might be eligible for a US passport as children of a US citizen.

The reason I said that is because I've asked/quizzed CPB officers about that 4 times now. Once the information officer who answers the phone at the 1-800 number. Three times arriving in the US while going through immigration.
"So what's on that screen of yours about me? Does it tell you about my fiance petition being filed? Do you know of a pending visa in the system?" Each one told me "no" so I believed them. Their answer was overstays, bad guys, entries/exits, suspected terrorists....

Yes he said "bad guys".