I-130 applicant travel to U.S. on VWP

[mountaintom]

Two questions

1. Can a person who has submitted a I-130 form visit the U.S. under the VWP?
2. If they would happen to be denied entry into the U.S. can this affect the outcome of their visa application process.

My wife is a German national, I am a U.S. citizen. We have gotten different answers. We have called the U.S. Embassy in Germany and were told she would not be allowed entry by customs and that it could hurt her application. I believe we were mis-informed and the result is that I now have a wife that refuses to fly to the U.S. for our 3 week vacation. Please note that my question is not whether customs can deny her entry. I understand they can deny anyone entry.

On the U.S. Embassy in Germany's website it is stated that this is possible. Here is how it reads:

Can I travel to the United States while my application for an immigrant or fiancé(e) visa is being processed?
If you intend taking up permanent residence in the U.S., you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of an immigrant or fiancé (e) visa. However, if you wish to make a temporary visit at the end of which you will return to your permanent residence outside the United States, you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified.

When traveling to the U.S. either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to an immigration inspector evidence of your residence outside the U.S. If the immigration inspector is not convinced that you are a bona fide visitor for pleasure, you will be denied entry into the United States.

[raj3078]

Originally Posted by mountaintom

Two questions

1. Can a person who has submitted a I-130 form visit the U.S. under the VWP?
2. If they would happen to be denied entry into the U.S. can this affect the outcome of their visa application process.

My wife is a German national, I am a U.S. citizen. We have gotten different answers. We have called the U.S. Embassy in Germany and were told she would not be allowed entry by customs and that it could hurt her application. I believe we were mis-informed and the result is that I now have a wife that refuses to fly to the U.S. for our 3 week vacation. Please note that my question is not whether customs can deny her entry. I understand they can deny anyone entry.

On the U.S. Embassy in Germany's website it is stated that this is possible. Here is how it reads:

Can I travel to the United States while my application for an immigrant or fiancé(e) visa is being processed?
If you intend taking up permanent residence in the U.S., you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of an immigrant or fiancé (e) visa. However, if you wish to make a temporary visit at the end of which you will return to your permanent residence outside the United States, you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified.

When traveling to the U.S. either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to an immigration inspector evidence of your residence outside the U.S. If the immigration inspector is not convinced that you are a bona fide visitor for pleasure, you will be denied entry into the United States.

Why dont you apply a K visa for your wife? It is easier to get...Also, please note that this site is for employment based Immigration...You are better of posting this question on some other forum which deals with family based immigration such as ImmigrationPortal Forums at Immigration.com

[lazycis]

Should be no problem for a short trip using WVP.