Visiting the US while I-129F or I-130 in process

[zyggy 9]

I have previously have hesistated on having a FAQ type response or a Sticky post on each of the pertiennt fora. However, due to the many many questions that are being asked and how the responses are given.. I feel that it is high time for me to write a post or FAQ about this topic.. However, before I do so, I would like to hear from those out there to give me suggestions about what is being asked... I can't be everywhere at once so some suggestions are welcome.

[aussiewench 9]

Will think on this a lil......will be back ziggy.......this is a great idea

Edited May 8, 2006 by aussiewench

[JenT 0]

A few questions off of the top of my head:

1. What documentation should the person traveling have in their possession?

2. What types of questions are likely to be asked by immigration?

3. Is there a period during the process where travel should be avoided?

4. Under what circumstances might entry be denied?

I'm sure you've thought of these already, but I thought I'd get this back on page 1 since someone else is also inquiring about this issue today..

[meauxna 15]

zyg---maybe dig up some suggestions from That Thread in the archives? There was some good stuff in there.

[PsychoKat 0]

This is a little long but hope the detail will help out some.

Based on our experiences you can enter on VWP I've seen it mentioned in the past you aren't allowed to but he was from Canada (he's a landed immigrant there, UK ciitizen) at Detroit POE.

So far as paperwork he brought everything he had with him.

Passport

NOA's

copies of email replies from Montreal answering his questions about visiting

Marriage license

Currently freelancing while our lives are in limbo he had no real proof of employment to offer and he also is staying with his parents during this time having given up his apartment in preparation for moving here so didn't have his own ties so far as housing either.

I know on one visit they did very strictly limit the amount of time he was allowed to visit, although the VWP is a 90 day visit there were specific dates noted on his. This visit though was entering the US WITH me on my return trip home from visiting him up there. That time the wait at the POE was very long. Maybe it was paranoia on my part but watching the way the officers were going back and forth and consulting with each other as we waited I couldn't help but wonder if they did a full background check on him that time.

Arriving through other means ie; greyhound, he's not been subjected to such scrutiny so it seems a bit easier. Altough unoffially required to show a return ticket he was allowed to stay for the entire 90 days.

Based on this I would surmise it is easier to enter alone than together.

One of his replies from Montreal about his chances of being denied entry said although nothing they stated would constitute a guarantee of entry, they felt the records showing his compliance with their time limits were in his benefit when dealing with this.

He was allowed entry after the NOA1 for the I130 was received (before filing the I129 for the K-3) and after the K-3 had been approved and Packet 3 recieved.

So far as questions asked, the most important issue was his return date, although I might add the way he presented himself and his request didn't leave much for them to ask.

Despite that smiling happy face in my avatar, Steve in person can seem a bit intimidating. He's a big guy in a strong way, the type you could imagine able to carry around whole trees or something, and he has multiple piercings, nose, ears....that just serve to enhance that image. Knowing that can work against him when questioned he acted quite the opposite. He presented himself as very humble, acknowledged their authority and offered all proof and documentation he was carrying before they could ask for it. He feels the most important thing when being questioned was complete honesty. In his words " key is be honest and upfront and dont even think about trying to hide anything"

I had to add this, something happened after his last arrival that I had to wonder about (call it paranoia if you will or whatever). Within the first day or two of his arrival for the last visit, he was taking the trash out one day and a white truck drove up, asking for directions. The guy driving it was wearing and FBI hat and we couldn't help but wonder if someone was checking the legitimacy of his visit.

[zyggy 9]

zyg---maybe dig up some suggestions from That Thread in the archives? There was some good stuff in there.

Yeah... my post is going to be in the same lines of that thread..