Entering the US under VWP while waiting on permanent residency application

wearyexplorer

Hi all - yet another question from me on visas and living in the USA (looking forward to the day when I have the experience to give advice!)

My wife (an American citizen) plan to emigrate to the US in the summer. She got a job there starting in August and we have put in a permanent residency app for me last month (since got confirmation it has at least arrived). My question is around experiences with getting into the US while the application is pending. We have booked flights to go over in July, my wife on a one-way ticket and I have booked a return ticket inside 90 days to qualify for the visa waiver program (I'm Irish).

I am a bit nervous in terms of convincing them I plan to return home. I did manage to get some sort of a response from the US Embassy in Dublin - though quite vague understandably. They said to bring relative proof to show you are returning home, and went so far as to list employment to return to as one example. They also said to bring a copy of my petition for permanent residency (perhaps a less than subtle hint to be upfront with them, though I've no doubt it will be on their radar anyway - foolishly I did not photocopy this, but we can fill out again and bring confirmation of receipt etc and be up front about that too).

I am employed now but know my workplace will not give me three months off and so I plan to quit come July, so I will not have this as a reason to return. Ultimately the Embassy said it is up to the officer at the point of entry in any event.

What else can I use to show I plan to return home? We recently moved out of our rented place back in with my parents to save money (my wife and mother get along famously -phew!) so I don't have a rental lease to show either. I plan to bring along a copy of my return flight itinerary, proof of an active bank account and health insurance in Ireland etc. but I am a bit of a loss as to what else I can do, bar pointing out previous times I've travelled under visas to the US and respected the process (i.e. I've been many times and have an unblemished record). Would proof of good character be of use e.g. perhaps written letters from a family member/non family member or is this overkill? Am I overthinking this? I just don't want to be seperated from my wife for 3 months (and we will be already after I return home - Embassy said permanent residency visas taking an average of 9 months to process, meaning Christmas realistically before reasonable chance of it processing).

As ever, thank you all

ProudDUB

If you are going to quit your job before you go, what are your plans to find work & support yourself when you get back? Do you work in a profession/trade, that it would be relatively easy to find work in once you get back? Or are you not going to bother, seeing as you'll be moving away (you hope) not too long after you get back?

If you don't show a means of supporting yourself, while your PR application is pending, you could run into difficulty. I doubt if you actually will in actuality, as why would you risk screwing up your entire PR application, by over staying on the holiday visa waiver. But you never really know what they will think on the day.

lightoflove

There are many red flags that you need to consider from the border guards perspective. Their job is not to let people in, their job is to keep people out.

1) You'd have no job to go back to
2) You will be traveling with someone that you are going to marry
3) You have a one way ticket.
4) You are planning on staying the full 90 days.
5) You don't have your own residence in Ireland

Do not assume that your Greencard application is on record - US authorities famously don't talk to each other. The embassy, while granting visas are a different organization to the USCIS. Just remember - the VWP is not a guaranteed entry, and neither a visa - it is merely permission to ask for entrance to the US - it is up to the agent on the day with little recourse.

Do not, under any circumstances answer any questions you are not asked..conversely - answer every question that you are asked at the border. Because you aren''t married and she is a citizen, you will probably be going through different queues. Are you prepared to answer any question they ask of you truthfully?

1) Are you here to visit someone, who is it?
2) How will you support yourself while you are in the US - how have your work given you all this time off?
3) When do you go back home?

él statutorio

In all likelihood you won't be asked, I wasn't when I was in the same shoes as you. I came in on the 90 VWP was here about 8 weeks before I got called to Dublin for my interview and got approved and my stamp.

You'll be fine.

circular flexing

wearyexplorer wrote: »

My wife (an American citizen)

lightoflove wrote: »

2) You will be traveling with someone that you are going to marry

.

wearyexplorer

Thanks for the reassurances folks (mainly!). As mentioned we are married several years already so that is not an issue. I have a return ticket also that is about 85 days after I enter. I don't (or won't) have a job to go back to as they won't give me that much time off, but can make the case for searching for new work on the basis that my area of work tends to have fairly decent openings much of the time in Ireland. I can also demonstrate evidence as back-up of a freelance career I can return to. Ultimately though as ProudDUb says I'm hoping they'd see my point about not wanting to mess up my chances in future of the visa.

ProudDUB

I'm not sure if you're not having a job, will be a massive stumbling block, given the timeline of your circumstances.

You have a PR application pending. You have been told that December is a realistic time to expect it to go thru. In the mean time, your wife starts her new job in August. So you head to the US for 3 months to help her get sorted, find a place to live, move in, buy furniture, get a car etc etc.

You then return to Ireland, to wait for your PR application to be finalized. You intend to use the three months you have left here, to wind up your life in Ireland....sell your car, arrange to have all your possessions shipped over, close bank accounts etc etc. You have already given up your own home and are living with family, as a part of the process. Then in December, you get your green card and off you head, to join the missus in the US.

If I was an immigration official, that all sounds perfectly ok to me. It is not unrealistic to expect you not to have a job during all of that. You are only going to be in Ireland for 3 months. If they get into the nitty gritty of how you will support yourself during that time, you could realistically say that you will live off your savings, do some freelance work, or have your wife send you money, during that short a time frame. It's only 3 months, not 3 years.

Palmy

I would just go through Imigration with your wife. Explain you are coming over to help your wife set up and you will be returning to Ireland to sell your possessions and move over once your visa is approved. You have been married several years so I can't really see it being to much of a problem. It baffles my mind how hard it is for Hard working regular law abiding people to try and get in here. For god sake your married to an American Citizen for several years.Meanwhile they are pooring over the boarder and nothing is being done to deport illegal immigrants. Mind blowing.