ustraveler

Hi guys,

I'm currently married to a US citizen. My wife has submitted the K-3 visa application just over two months ago and currently waiting.

We got married in MAY 2008 in Cali. I live in the UK.

I'm planning a trip to see her in November for two weeks and I want to know if I can travel on the VWP program?

Can anyone give me any ideas if this will cause any problems?

Thanks

Noorah101

Actually, your wife probably submitted an I-129F petition (not a K-3 visa application).

Traveling on the VWP while you have an ongoing petition will not harm your K-3 visa outcome.

If you qualify to use the VWP, you may do so. Bring plenty of proof of your ties to the UK just in case you are asked at the POE.

Best Wishes,
Rene

ian-mstm

To clarify... did she file an I-130 only, or did she also file an I-129f after getting the receipt for the I-130? The latter leads to a K-3 visa; the former to a CR-1 visa, which is far superior although it takes a month or two longer to process.


As long as you've not had any prior overstay issues or a criminal background... yes - you most definitely can. Be sure to bring proof of your ties to the UK.

Ian

ustraveler

I traveled to California in MAY with the VWP and got married there. I am a british citizen born in the UK.

What do you guys mean proof of ties??? Do you mean like a return ticket etc...

She filed the following forms with the help of attorney...

1. I-129F (she signed)
2. I-130 (she Signed)
3. G-325A (she signed)
4. G-325A (I signed)
5. (G-28) I-129F (she signed)
6. (G-28) I-130 (she signed)

Thanks for responding so quickly... Much appreciated.

Noorah101

Proof of ties can be something like your rental, lease, or mortgage papers, letter from employer when you are expected back at work, letter from school when you are expected back in class, etc.

The return ticket is a MUST for VWP travel.

Rene

ustraveler

I don't have a mortgage or rental. I live with my parents... I never had to present this information when i went there early this year. Would they question me regarding my marriage?

Is this thing providing the ties required because i am married now?

I can only just get a letter from my employer.

Noorah101

No, the thing providing your ties is for anyone coming over on the VWP. They may ask for such things at the POE, they may not. Just bring what you have, and only offer it if they ask for it.

Rene

ustraveler

Thank you so much for your time Rene. I'll just give them information if they ask for it. Enjoy your day

Noorah101

Thanks! Have a nice trip!

ustraveler

Hi Rene,

I just like to ask another quick question. Should i Tell the customs officer I'm married and I'm here to see my wife for two weeks or shall i tell him/her that i'm on vacation? I've been told the VWP is for tourism and business purposes... Do i fall into that category???

Thank you

Noorah101

You should only answer the specific questions asked of you, without volunteering additional information.

The VWP is for tourism (visiting the USA), and that's what you are doing.

Rene

ustraveler

I've been told if my passport is scanned it will show that I'm filing for a K3 visa. I spoke to my attorney, he told me to be honest, which i will be. I am quite worried they may cause problems for me out there, because i have read on a few websites where people have been interrogated sent back cause of all this.

meauxna

Rene didn't say to not be honest; you answer the questions that *are asked* of you.
The general question at Immigration is 'what is the purpose of your visit, business or pleasure?'.

If you are asked 'Do you know what time it is?' there are only TWO possible answers: yes or no.

Do you appreciate the difference?

Noorah101

Of course you should always be honest. Never, ever, lie to an immigration official.

Just answer whatever question he asks, honestly, directly, and briefly, without volunteering your own extra information. He might know you have a petition in the works, true....but what you tell him specifically depends on how he phrases his questions.

Rene

ustraveler

But am i violating VWP laws by visiting my wife? I know i'm asking a lot of questions here but i am just worried and I hope you guys understand where I'm coming from....

e.g.

Customer officer asks "What's the purpose of your visit?"

I reply "vacation" Right?

Are you married? I reply YES.

How long you intend to stay? I say 18 days.