Visiting US prior to filing I-130

[siyaram 0]

Hello. I am married and would be calling my wife to the U.S. via K-3 visa. I have yet to file all the forms. My wife has multiple entry B-2 visa which is still active. She has been in the U.S. earlier for visiting purposes.

Please advice me on the following:

1. Is it legal to call my wife to the U.S. (for visting) on her existing B-2 visa and then file I-130?

2. If yes, will this pose any issues in my petetion?

3. If asked at POE about the reason for visiting, can she tell the truth that she is visiting me (her husband) but I would be filing an I-130?

Thanks.

[amerasianlove 0]

Hello. I am married and would be calling my wife to the U.S. via K-3 visa. I have yet to file all the forms. My wife has multiple entry B-2 visa which is still active. She has been in the U.S. earlier for visiting purposes.

Please advice me on the following:

1. Is it legal to call my wife to the U.S. (for visting) on her existing B-2 visa and then file I-130?

2. If yes, will this pose any issues in my petetion?

3. If asked at POE about the reason for visiting, can she tell the truth that she is visiting me (her husband) but I would be filing an I-130?

Thanks.

I have a friend but her situation was her fiance filed a k1 visa for her and the embassy cancelled her tourist visa which she has for over the years.Im not sure with your situation.

Maybe some of our fellow vj'ers here can give you a better advice.

[siyaram 0]

Hello. I am married and would be calling my wife to the U.S. via K-3 visa. I have yet to file all the forms. My wife has multiple entry B-2 visa which is still active. She has been in the U.S. earlier for visiting purposes.

Please advice me on the following:

1. Is it legal to call my wife to the U.S. (for visting) on her existing B-2 visa and then file I-130?

2. If yes, will this pose any issues in my petetion?

3. If asked at POE about the reason for visiting, can she tell the truth that she is visiting me (her husband) but I would be filing an I-130?

Thanks.

I have a friend but her situation was her fiance filed a k1 visa for her and the embassy cancelled her tourist visa which she has for over the years.Im not sure with your situation.

Maybe some of our fellow vj'ers here can give you a better advice.

Thanks. That reminds me of extending my questions list:

4. After I file I-130, will her B-2 visa be nullified or can she still use it?

5. I am preparing I-130 for practice and noticed that I would need to specify her reason for visiting in Section C - 14. Would I need to explain this reason in the cover letter? If so, do I need something solid or would a plain visiting reason work?

Thanks.

Edited March 11, 2008 by siyaram

[pushbrk 12,898]

Hello. I am married and would be calling my wife to the U.S. via K-3 visa. I have yet to file all the forms. My wife has multiple entry B-2 visa which is still active. She has been in the U.S. earlier for visiting purposes.

Please advice me on the following:

1. Is it legal to call my wife to the U.S. (for visting) on her existing B-2 visa and then file I-130?

2. If yes, will this pose any issues in my petetion?

3. If asked at POE about the reason for visiting, can she tell the truth that she is visiting me (her husband) but I would be filing an I-130?

Thanks.

I have a friend but her situation was her fiance filed a k1 visa for her and the embassy cancelled her tourist visa which she has for over the years.Im not sure with your situation.

Maybe some of our fellow vj'ers here can give you a better advice.

Thanks. That reminds me of extending my questions list:

4. After I file I-130, will her B-2 visa be nullified or can she still use it?

5. I am preparing I-130 for practice and noticed that I would need to specify her reason for visiting in Section C - 14. Would I need to explain this reason in the cover letter? If so, do I need something solid or would a plain visiting reason work?

Thanks.

4. Maybe

5. Just visiting will work. The key is that she leaves on time.

I would be truthful at the POE but not mention "husband". Since I expect you won't be blind-folding her at the airport and locking her in the house during the visit, it is equally truthful to say she's visiting friends and relatives and/or going to Disneyland, etc. You are a relative.

Often the simple answer "pleasure" is reason enough for a visit, you know, as opposed to "business".

[siyaram 0]

Thanks for the information, pushbrk.

You had mentioned that she should leave on time. May I please ask what time were you referring to? Time in terms of months or before/after any petition is filed? Please explain.

If its the time in terms of months, would 3 months be safer or should we go for 1.5 months?

Thank you so much.

[pushbrk 12,898]

Thanks for the information, pushbrk.

You had mentioned that she should leave on time. May I please ask what time were you referring to? Time in terms of months or before/after any petition is filed? Please explain.

If its the time in terms of months, would 3 months be safer or should we go for 1.5 months?

Thank you so much.

Leave before any I-94 expires.

[siyaram 0]

Makes sense. Thank you

[siyaram 0]

All -

Until now I was under the impression from everyone's advice that my wife could visit US on her existing multiple entry B-2 and then I could file I-130. She would have to leave before her I-94 expires.

I called USCIS early this morning to hear their POV. The representative told me that my wife would have to depart the US as soon as I am filing for I-129F. She didn't say anything about I-94 expiry date. That got me concerned.

Hence, I wanted to ask the question to all the experts. Is it required that my wife leaves the US when I file for I-129F or can she leave anytime before her I-94 expires (regardless of I-129F filing)?

Please let me know.

Thanks.

-A

[Criss03 0]

Hi

I have a turist visa and I want to go to USA for a holiday but my husband already sent I130 form. I am worried if I will have some problems in airport because of that. My husband went to Department of State to ask and they said as long my visa is valid I am ok. Is that true ?

[pushbrk 12,898]

All -

Until now I was under the impression from everyone's advice that my wife could visit US on her existing multiple entry B-2 and then I could file I-130. She would have to leave before her I-94 expires.

I called USCIS early this morning to hear their POV. The representative told me that my wife would have to depart the US as soon as I am filing for I-129F. She didn't say anything about I-94 expiry date. That got me concerned.

Hence, I wanted to ask the question to all the experts. Is it required that my wife leaves the US when I file for I-129F or can she leave anytime before her I-94 expires (regardless of I-129F filing)?

Please let me know.

Thanks.

-A

They don't call it the misinformation line for nothing. She must leave by the I-94 expiration date.

[tom&tata 2]

The embassy cancelled my tourist visa (B1/B2 visa) after issuance of CR-1 visa, not before.

I visited the US before we filed and it was not a problem - just make sure you do not stay past the allowed stay on I-94. Of course, there is always a risk of getting denied entry on any non immigrant visa but many has been successful entering the US while petition is pending as long as you bring proof of tie to home country & intent to return.

[hheaven67 2]

That is the key! Tell her to bring EVERYTHING in her carry-on that proves her ties to her country. I take my rent receipts, car lease agreement, my son's school enrollment form, letter from employer, past 3 paychecks, bills, you name it. Now I take all our copies of I-130 & I-129F...

I've been asked if my trip was business or pleasure...I answer pleasure and that's that...I also take off my wedding rings & stick them in my pocket...just to make sure they don't ask "where's your husband"? Tell her to NEVER offer up more information than absolutely necessary but be prepared to tell the absolute truth if asked...

Good luck!

PS...I'm on my 4th trip to the US in 12 sleeps (but who's counting) and I've never had a problem...some POE's are worse than others...

jen

[siyaram 0]

Thanks everyone. I actually wanted more information about how long she can be here after I file I-130. pushbrk answered that

tom&tata, Jen - Thanks for your feedback also. I will keep that in mind if she wants to visit the US after I file I-130 and/or I-129F

-A