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dukkimoon

Visit to the US Pending a I-130

By dukkimoon in IR-1 / CR-1 Spouse Visa Process & Procedures

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dukkimoon Newbie

dukkimoon   0

Posted
Filed: Other Country: South Korea
 Timeline
Posted

My wife is living in South Korea while her I-130 Petition is pending. We would like to spend the holidays together, and she still has her valid multi-entry B-2 Tourist Visa. She has never overstayed a visa and still has a home and a job back in Korea. All her bank accounts are also in Korea. She will have a return ticket.

My questions are:

a) What are the real chances that she will be denied at POE (likely JFK)?

b) If she is denied at POE, is it an immediate return to the home country? Or is the any recourse (i.e. a chance to speak with the consulate in New York)?

We have no intention of having her stay. I am a lawyer and I can not risk my professional license with Visa fraud and/or lying on a government form. As far as I know, the regulations do not disallow categorically visits to the US while a I-130 is pending.

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Elxan Explorer

Elxan   4

Posted
Filed: IR-1/CR-1 Visa Country: Azerbaijan
 Timeline
Posted

If she has good ties it's perfectly likely

"good ties" ? could you explain it please.

02/09/2010 - Married
05/02/2012 - I-130 sent for my wife and kids
05/09/2012 - NOA1 hard copy received
10/18/2012 - Became a USC and called USCIS to upgrade cases to IR-1/CR-1
10/22/2012 - Got the notice of case upgrade to IR-1
01/29/2013 - NOA2 email

NVC:
02/04/2013: NVC Received
02/22/2013: BOG number/IIN
02/22/2013: Choice of Agent email sent
02/26/2013: AOS bill invoiced
02/26/2013: AOS bill paid
03/06/2013: AOS bill shows PAID
03/07/2013: Choice of Agent email accepted
03/07/2013: IV bill invoiced
03/13/2013: IV bill paid
03/23/2013: IV bill shows PAID
04/01/2013: AOS package sent
04/01/2013: IV package sent
04/17/2013: RFE for AOS package, requested form I-864W
04/18/2013: Sent RFE back to NVC
05/02/2013: Case complete
05/13/2013: Interview scheduled

US Embassy/Consulate:
05/21/2012: Embassy received
06/05/2013: Medical
06/26/2013: Interview
06/27/2013: Visa in hand
07/03/2013: POE WAS, VA

08/07/2013: Permanent residence card arrived

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Douglas Custodio Explorer

Douglas Custodio   7

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
Posted

I visited the US last September. My case was not completed yet. I have not problems at Detroit POE. I still have a interview two weeks from now. Hopefully we be in Detroit again soon enough, but this time to stay.

Service Center : California Service Center (CSC)

Marriage: 2011-12-29 in Salt Lake City, UT - USA

2012-07-18: I-130 Sent

2012-07-25: USCIS Received

2012-07-26: I-130 NOA1

2012-08-06: I-130 Approved (11 days)

2012-08-23: NVC Received (17 days)

2012-08-25: Return Completed DS-3032

2012-09-04: Received DS-3032 / I-864 Bill

2012-09-04: Pay I-864 Bill

2012-09-06: Receive I-864 Package

2012-09-06: Received IV Bill

2012-09-07: Pay IV Bill

2012-09-12: Return Completed I-864

2012-09-12: IV Packet Sent

2012-09-20: AOS RFE

2012-09-22: AOS RFE Sent (from US - scanned)

2012-09-24: AOS RFE Sent (from BR - originals)

2012-09-24: IV Accepted

2012-10-04: AOS RFE (to be presented at interview)

2012-10-04: Case Completed at NVC(42 Days)

2012-10-12: Received Instruction Package

2012-11-30: Interview Date

2012-11-30: Interview Result: APPROVED

2012-12-04: Visa Received

2012-12-12: US Entry

2012-12-22: SSN Received

2013-01-02: Greencard Received

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velrich Proficient

velrich   50

Posted
Country: Jamaica
 Timeline
Posted

I visited about 3 times while my case was pending and was no asked for proof of ties. Since it is impossible to predict what can happen she should try to have documents to prove her ties just in case.

Petitioner LPR upgraded to USC June 22, 2012
August 22, 2012: case complete
October 18, 2012: Interview (APPROVED)
October 26, 2012: Picked up visa from DHL (delay caused by Sandy)
December 15, 2012: POE Atlanta....................became USC July 2016!!!!

Mothers' Journey (My sister is the petitioner)

September 10, 2013: Sent I-130 (UPS next day service)

September 12, 2013: Received text to confirm delivery

September 16, 2013: Received NOA 1

March 22, 2014: Received NOA 2

April 8, 2014: File Received by NVC

May 26, 2015: Interview (approved)..........now LPR (delays caused by 2 RFE)

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