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I - 130, VWP, and visiting my husband in the USA....help!!?


I am 23 year old British female. My husband is from Texas. I have just got back from a holiday in Texas, where we were married by a justice of the peace on Jan 7. I flew back here to Manchester on Jan 22. I have filled out I-130 and the biographic info which I am going to forward to my hubbie in Virginia, where he is stationed at the moment (USCG), along with the photographs. He will file the forms in Virginia to the military lawyer. NOW, does anyone have any clue as to how long I will have to wait before the embassy in London get me in for an interview/medical etc. I am planning a trip to Virginia on March 17, I was going to use VWP, and come back after the 90 days is up, unless the embassy call me and tell me to come for interview. IS THIS OK?! When I get to Washington DC in March I know the immigration officer is gonna ask questions, I will be totally honest about my I - 130 and my hubbie, but what can I bring as evidence I will defintely return to UK?Any suggestions?

I won't have a letter off my employer as not many companies here will issue leave for 90 days! ha i wish! I was going to quit my job, which ive not even started yet, Come back, find a new job. I have a permanent address in the UK so would a bank statement, driving license with address, return ticket, something like that be ok?

Most people do not "visit" their spouses. Most people reside with their spouses, and the filing of Form I-130 supports that assumption.

However, if you can demonstrate that you intend to apply for your immigrant visa outside the U.S. and not file for adjustment of status during any stay in the U.S., that will go a long way in convincing border officers that you are just visiting.

One of the criteria that inspectors use to determine admissibility under the VWP is: "Could this applicant receive a visitors visa if he/she applied for one?" If the answer is "yes," then the person should be admitted, but if the answer is "no," then the applicant should not be admitted under the VWP.

Having no previous long stays or any overstays in the U.S. should help your credibility. Remember, you're claiming to be a visitor. The burden of proof is on you. If you have a lease on your apartment, bring it. Lacking employment is going to hurt your chances. Being able to show that you have things going on in your life that call for your return to the U.K. will help your chances.

Yes, you can use the VWP while you have a pending visa application. No problem.

Expect the entire process to take about a year from the time your husband files the paperwork.

Bring a letter from your UK employer stating that you are on holiday, bring a copy of your apartment or house lease or mortgage, bring a copy of your vehicle registration, a copy of your bank statement, etc.... Bring anything that demonstrates that you will be going back.

it can take alot of time years even but since u are already married it shouldn't take that long

Don't hold your breath dear. I am a Canadian who filed the I-130 a year and a half ago and I still haven't heard about my medical yet. Took the Vermont office 6 months just to approve the petition, then another 8 weeks for it to get to the NVC in NewHampshire. From there it took months til they receipted the DS230 and the affadavit of support. Another few months later they sent it back saying that it wasn't filled out correctly by my lawyer, and even though I sent them a statement from the Canadian police saying that I had no criminal record, they now wanted fingerprinting done to verify it all, which is another 4 month delay. So the estimate is that once they are satisfied that they have all the information they want, then it will be another 5 to 7 months before the actual interview, which brings us somewhere near the 2 year mark.
Luckily I am a Canadian and Virginia is only 8 hours drive ..... also I can enter the country for up to 6 months at a time without a visa, just have to make sure I return home regularly.
Good luck to you .... hope they move a little faster for you than they have in my case ... otherwise you might find yourself using the VWP more than you anticipated.
Then again there are always those who once they get into the country will file to adjust their status (I 485), but they will caution you against that when you enter through customs.
Again Good Luck. You may want to visit this website and get a timeline from others who have already gone before you.
www.visajourney.com

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