coming to usa while i-130 is processing

[mohbeaverhunter 0]

hi,

my wife and i are currently awaiting the approval of the i-130. she is an austrian citizen, while i am an american citizen. can she come to visit me in the usa while our case is pending? note that she is able to enter the usa under the visa waiver program, which austria offers.

she has visited before with no problems, but the petition was not pending at that time. if she enters the usa, will something flag up showing that she has a case pending?

i have read numerous posts of people bringing proof of ties to their home country. unfortunately she has already quit her job, and will be giving up her apartment starting march 21. our attorney advised us the case would be approved by march-april, having filed in september. i'm planning to go get her in april and bring her here to the usa until the interview is scheduled, in which case, she'll go back for the interview, then come back to the usa.

the times she has visited before have just involved them asking her the purpose of her visit, which she replied, "just to visit family." and they had no problem with that. will this same tactic work this time, while our case is pending?

thank you for any and all info and advice

[YuAndDan 153]

This is one of the most posted FAQ:

FAQ: 4.6)...Can my fiance(e) come to the US to visit me once the visa process is started? (Applies to spouses also)

http://www.visajourney.com/faq/k1k2visa-application.html#4.6

Note this one came up the other day:

Entry to the U.S. while Petition is Pending

All persons traveling to the U.S. as visitors or students, Canadian or other nationality, under U.S. law are deemed to be intending immigrants and thus inadmissible for temporary purposes until they have an immigrant visa in hand. The burden of qualifying for any visa for entry to the U.S. rests solely with the applicant. Entry to the U.S. is solely up to a Department of Homeland Security/Customs and Border Protection (DHS/CBP) officer at the Port of Entry. While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S.

http://www.amcits.com/immigration_usa_relative.asp

The US Citizen is always free to travel to foreign country to visit.

Edited March 11, 2008 by YuAndDan

[YuAndDan 153]

Also: http://www.visajourney.com/timeline/profile.php?id=33881

[GabiandVi 34]

This is one of the most posted FAQ:

FAQ: 4.6)...Can my fiance(e) come to the US to visit me once the visa process is started? (Applies to spouses also)

http://www.visajourney.com/faq/k1k2visa-application.html#4.6

Note this one came up the other day:

Entry to the U.S. while Petition is Pending

All persons traveling to the U.S. as visitors or students, Canadian or other nationality, under U.S. law are deemed to be intending immigrants and thus inadmissible for temporary purposes until they have an immigrant visa in hand.

All persons? Or all persons who have an immigrant visa application pending? Or does "immigrant visa" include immigrant and non-immigrant visas? I'm thoroughly confused. If it is the latter, then this sentence says nothing that is not obvious.

The burden of qualifying for any visa for entry to the U.S. rests solely with the applicant. Entry to the U.S. is solely up to a Department of Homeland Security/Customs and Border Protection (DHS/CBP) officer at the Port of Entry.

How does this fit with the sentence above? If it is illegal without an immigrant visa, why would DHS/CBP ever decide to let someone with a B-2 visa ever enter, whether they have a case pending or not? Why would the B-2 or any non-immigrant visa ever be granted in the first place?

While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S.

I think this is a given. Entering on a non-immigrant visa with the intent of immigrating on that visa is illegal immigration. I think even illegal immigrants understand. Entering on a non-immigrant visa with the intent of not immigrating until your immigrant visa is granted is perfectly within the law of the US. That's basically what this says and I think we all understand that.

The FAQ basically says the same thing -- you have the right to visit but it is up to the DHS/CBP at the POE to decide. I think the more frequently asked question is, "What do they usually decide, and if they decide to deny entry, how does this affect your petition/application?" So far, the only people who are responding here who have tried this have been allowed entry even when the DHS/CBP clearly knows the immigrant visa is pending. If anyone has been denied entry on a non-immigrant visa by virtue of their pending immigrant visa, please post your stories. It would give us a clearer picture.

[l3tranger 0]

I got a one-year multiple entries nonimmigrant visa to USA recently while my I-130 is still pending (submitted in November). As long as your reason to enter is legit and you don't have a record of rejected visas, it's not that hard and perfectly legal.