UK Spouse- visit USA during I-130 in process

[jonMullick 0]

I filed for my spouse I-130 in Sep, 2006. My wife is UK citizen, can she visit USA as visitor in the mean time. I would apreciate your insight.

[MrsWhizz 0]

When we were going through the I-130, my hubby came to visit several times with no problems. I would advise that she carry strong proofs of her ties to the UK like leases, letters from employers....anything that shows she is only visiting.

Have a nice time!

[devblt 0]

Be carefull about this. I know of someone who was in the same boat as you. He's wife came on a number of occasions without any issues while the process was ticking along. The last time she tried to come over, the immigration officals denied her entry because they found out (somehow) that she was in the process of getting an immigrant visa. She was refused entry and had to fly back to London on the next flight out.

She then had to declare on her application that she was refused entry into the USA. During her interview they ask her questions about it.

Thankfully this expereince did not negatively impact her ability to get approved for the immigrant visa, the possiablity was there. My friend and his wife were very concerned about it.

If I was you, I would seriously consider going to see her in London rather than taking the chance of her coming to the States while her immigration process is in the works.

[MPGGPM 0]

I filed for my spouse I-130 in Sep, 2006. My wife is UK citizen, can she visit USA as visitor in the mean time. I would apreciate your insight.

My wife has visted me 4 times , most of it while our application for the I-130 is being processed (She's actually here visiting now ......for the holidays. She has not received the immigrant visa yet.)

She has never had any problems entering, or been asked to show any documents etc.......

But as that previous reply points out, there is always a risk of denial, and your spouse to be turned around. So......you'll have to decide if you feel it's worth the risk. For my wife and I , it was, and thankfully, each visit was smooth and trouble free.

Good luck.

Edited December 19, 2006 by MPGGPM

[ms514 0]

And whatever you do...DO NOT apply for a visitor visa. As everyone has stated, just bring proof of ties to the UK and remember that there is always the risk of being denied entrance to the U.S. Avoiding words like married to U.S. citizen and husband have cause denial before as reported in other posts.

[jonMullick 0]

And whatever you do...DO NOT apply for a visitor visa. As everyone has stated, just bring proof of ties to the UK and remember that there is always the risk of being denied entrance to the U.S. Avoiding words like married to U.S. citizen and husband have cause denial before as reported in other posts.

Thanks for your kind reply.

What you mean by "Avoiding words like married to U.S. citizen and husband have cause denial before as reported in other posts"?

Do mean to tell in the port that she is married to a US citizen? Please clarify.

Thanks.

[Yodrak 7]

jonMullick,

Visit, yes. Relocate under the guise of visiting, or visiting so often and for so long that it is effectively relocating no matter what else one might wish to call it, no.

People most often talk about demonstrating ties to the home country, as they have in this thread. Thing is, such ties are in the process of being broken as is evidenced by the petition that you have submitted. Given this circumstance, more important than the ties to home are the reasons for making the visit. There should be a clear purpose for the visit, temporary in nature, such that when the purpose has been accomplished there is no reason to remain.

Yodrak

I filed for my spouse I-130 in Sep, 2006. My wife is UK citizen, can she visit USA as visitor in the mean time. I would apreciate your insight.

Edited December 19, 2006 by Yodrak

[adelaarsvaren 0]

This is a tricky one...

For Visa Waiver citizens, it appears to not be illegal, but is at the discretion of the officer at the POE. My wife, who is French, flew CDG --> Heathrow, Heathrow --> Seattle this past Sunday. 2 hours after the plane landed, and the baggage from the flight was no longer in Baggage claim, I was about to cry, when she came out of the arrivals area... Immigration asked her "What are you doing in the USA?" She said "visiting my husband" they said "does he live here?" She said yes. They asked, why don't you live here, she said "Because I am still working in Paris". He said "welcome to the USA".....

Now, my wife said she picked the guy who seemed to be scruitinizing people less, and she was the last person in line outside of the plane's crew, so perhaps he was ready to get finished....

Best of luck!

[Yodrak 7]

adelaarsvaren,

What you say applies to B visa holders as well, not just to VWP people.

Nicely done by your wife, very nicely done. The best evidence of all is the individual and how they conduct and express themself. And I particularly like the way that your wife observed the CBP officers and based her choice of line on their conduct.

Yodrak

This is a tricky one...

For Visa Waiver citizens, it appears to not be illegal, but is at the discretion of the officer at the POE. My wife, who is French, flew CDG --> Heathrow, Heathrow --> Seattle this past Sunday. 2 hours after the plane landed, and the baggage from the flight was no longer in Baggage claim, I was about to cry, when she came out of the arrivals area... Immigration asked her "What are you doing in the USA?" She said "visiting my husband" they said "does he live here?" She said yes. They asked, why don't you live here, she said "Because I am still working in Paris". He said "welcome to the USA".....

Now, my wife said she picked the guy who seemed to be scruitinizing people less, and she was the last person in line outside of the plane's crew, so perhaps he was ready to get finished....

Best of luck!

[c_and_c 0]

Our I-130 has been approved for a while and my wife is waiting for her IR1 interview dates getting arranged. She entered the US today on her old visitor visa without any problems.

The officer asked the usual questions (duration, purpose of this visit, return ticket proof, duration/date of previous visit) and she's been stamped for a six month stay (as usual..)

So it seems to be decided on a case-by-case basis - good luck!

[Yodrak 7]

c_and_c,

It is most definitely a case-by-case decision.

Yodrak

..... it seems to be decided on a case-by-case basis - good luck!