Not being able to visit the USA during the I-13O process?

[Darcy Grey 1]

Hi all,

Ok so my wife spoke to an immigration lawyer today for some advise, we have already filed form I-130 and received the notice/receipt.

She did ask weather I would be able to come into the USA on a VWP (Visa waiver program / standard tourist visa which allows a a tourist up to to 90 days to remain in the USA) and he replied and was adamant to say that I should not do that as it could delay / mess up the I-130 process! I have however asked on the forum before and others have stated that they did do so and had no problems.

So my question is has anybody had any problems with this? Of course having a return flight ticket already booked and ties that show your 'need' to return back home is a given.

Thanks in advance,

Darcy

Edited January 23, 2014 by Darcy Grey

[Ketsuban 1,034]

Hi all,

Ok so my wife spoke to an immigration lawyer today for some advise, we have already filed form I-130 and received the notice/receipt.

She did ask weather I would be able to come into the USA on a VWP (Visa waiver program / standard tourist visa which allows a a tourist up to to 90 days to remain in the USA) and he replied and was adamant to say that I should not do that as it could delay / mess up the I-130 process! I have however asked on the forum before and others have stated that they did do so and had no problems.

So my question is has anybody had any problems with this? Of course having a return flight ticket already booked and ties that show your 'need' to return back home is a given.

Thanks in advance,

Darcy

Did your lawyer buy his degree on Ebay or something?

[Darcy Grey 1]

Did your lawyer buy his degree on Ebay or something?

My thoughts exactly!

Because I've seen everyone say the same thing that it's ok to travel etc... however he does have a good reputation and he is a specific immigration lawyer. I have followed this question up with him and I'm yet to hear back from him (I just emailed him) but was very surprised when my wife told me!!

[bdrew612 1,071]

I hope you didn't pay for that consultation!

The big thing is to provide proof of strong ties that you'll return to the UK after your visit (a copy of the I-797, a letter from your employer).

From what other UK people have shared here, you should have no problem visiting (many say they weren't even asked to provide proof). I think it's a benefit of being in a country with a VWP! If you had to apply for a visitor's visa, then I'd think you'd have a tougher time. You should be fine. My husband is visiting in March!

OH! Make sure you apply for your ESTA if you haven't already (it's good for 3 years).

[nightingalejules 678]

I've never heard that it influenced the i-130 process at all. Of course, you may be refused permission to visit - that's in the hands of the Customs person to whom you speak, and sometimes they refuse. But that refusal doesn't affect your process, unless you lied or misrepresented yourself and the purpose of your trip. Which you wouldn't do, right?

[Ralph and Meghan 19]

I traveled to the us while my visa was penning. They never asked about it and it went as normal.

Just in case bring evidence that you will return and you shouldn't have any problems

If they don't ask about it don't tell about it.

[Darcy Grey 1]

I hope you didn't pay for that consultation!

The big thing is to provide proof of strong ties that you'll return to the UK after your visit (a copy of the I-797, a letter from your employer).

From what other UK people have shared here, you should have no problem visiting (many say they weren't even asked to provide proof). I think it's a benefit of being in a country with a VWP! If you had to apply for a visitor's visa, then I'd think you'd have a tougher time. You should be fine. My husband is visiting in March!

OH! Make sure you apply for your ESTA if you haven't already (it's good for 3 years).

Exactly these where my thoughts up until I received a phone call from my wife today, so much so that we've already booked a return flight in March (for me to visit her).

I will wait till I hear back from the lawyer with my query and post it on here as to shed some light on what he's talking about?!

And I do indeed have the ESTA sorted, thanks!

[Darcy Grey 1]

I've never heard that it influenced the i-130 process at all. Of course, you may be refused permission to visit - that's in the hands of the Customs person to whom you speak, and sometimes they refuse. But that refusal doesn't affect your process, unless you lied or misrepresented yourself and the purpose of your trip. Which you wouldn't do, right?

I dont see how it could! He explained to my wife that it could delay the process because they might be worried that I would trying to stay illegally (How I don't know because I've already filed for the legal way in and anyone would be stupid to break immigration rules at this stage)

I know what you mean, it is indeed always down to customs weather they let you in but all four times i've visited the USA i've never been asked anything but "What's the purpose of your stay" and with a smile they just let me right through, hence my shock when hearing that I apparently I couldn't travel!

We will see...

[Ketsuban 1,034]

however he does have a good reputation

I find that incredibly hard to believe. I'm sorry.

[twin810s 23]

Ha, you're better off just coming on here and asking.

Attorneys surprisingly do not know much it seems about the process, as mine yesterday proved when he just stopped responding to my emails/questions....professional

[Darcy Grey 1]

I find that incredibly hard to believe. I'm sorry.

I'm in the same boat as you on this one...

Ha, you're better off just coming on here and asking.

Attorneys surprisingly do not know much it seems about the process, as mine yesterday proved when he just stopped responding to my emails/questions....professional

Ah yeah it's pretty frustrating.. we mainly thought it would be a good idea just because so far we have done everything ourselves so we just wanted to make sure we seek help from a 'professional' but somehow it's made us more confused / worried! aaaah

[bdrew612 1,071]

This reminds of a joke I saw online, Excerpts from Court Reporters. I think this sums it up:

Q: Now doctor, isn’t it true that when a person dies in his sleep, he doesn’t know about it until the next morning?
A: Did you actually pass the bar exam?

Unless there's something bizarre about your case, skip the attorney. They'll take A LOT of your money and feed you BS. I've learned more on this site than from any attorney I've talked with

[Cambridge2011 3]

I did it in December and it was ok!

[jsumner86 403]

This reminds of a joke I saw online, Excerpts from Court Reporters. I think this sums it up:

Q: Now doctor, isn’t it true that when a person dies in his sleep, he doesn’t know about it until the next morning?

A: Did you actually pass the bar exam?

Unless there's something bizarre about your case, skip the attorney. They'll take A LOT of your money and feed you BS. I've learned more on this site than from any attorney I've talked with

I remember hearing a lady at the US embassy telling a couple they weren't very smart for paying a lawyer to do their paperwork for them.. "Your lawyer smart, You're stupid" as I can recall! .

[twin810s 23]

I'm in the same boat as you on this one...

Ah yeah it's pretty frustrating.. we mainly thought it would be a good idea just because so far we have done everything ourselves so we just wanted to make sure we seek help from a 'professional' but somehow it's made us more confused / worried! aaaah

We did the same thing, we did everything by ourselves but would still contact our lawyer for advice. We researched on here before we met with him, so we had a pretty good understanding how everything worked. Once we initially talked to him, we decided to just go on our own. Yesterday (11 months after first speaking with him), we had some questions and he just stopped responding to both of us, ha. The answers he was giving just did not make sense at all, and when we questioned him about it, he just didn't respond, which I'm assuming because he didn't know the answer. Moron...