Travel to US (during I-130 & AOS) with Tourist Visa

[Sia-Lan 0]

I apologize if this has already been covered countless times, but I'm about to apply for a I-130 for my wife (Mexican citizen). She currently has a 10-year multi-entry visa, good for 6 more years. In addition, we will be working in the Netherlands (starting 01 December), so we will not be permanently living in the US (likewise she cannot get "stuck" in the US for 6-12 months waiting on processing). We will need to be in the US for 14-29 Sept., 18-26 October, and 17-24 January.

My question: what is the best route for us to take to get her green card without having any problems traveling through the US? Can she still use her tourist visa while they are processing her I-130 and her AOS? Is it better to do it in the US (Norfolk, VA being hometown) or do a Direct Consular Filing in the Netherlands (or Mexico)? Again, it's critical we continue to be able to travel to the US until January - after that we have 6 months before we plan to return in July/August.

Thanks in advance.

[Johnnie J 0]

I apologize if this has already been covered countless times, but I'm about to apply for a I-130 for my wife (Mexican citizen). She currently has a 10-year multi-entry visa, good for 6 more years. In addition, we will be working in the Netherlands (starting 01 December), so we will not be permanently living in the US (likewise she cannot get "stuck" in the US for 6-12 months waiting on processing). We will need to be in the US for 14-29 Sept., 18-26 October, and 17-24 January.

My question: what is the best route for us to take to get her green card without having any problems traveling through the US? Can she still use her tourist visa while they are processing her I-130 and her AOS? Is it better to do it in the US (Norfolk, VA being hometown) or do a Direct Consular Filing in the Netherlands (or Mexico)? Again, it's critical we continue to be able to travel to the US until January - after that we have 6 months before we plan to return in July/August.

Thanks in advance.

If you file the I-130 before she comes into the US. While her case is pending she cannot enter the US. Also GC as I understand are only granted once inside the US (living).

[*Snowdrop* 604]

It is possible to travel to the US on a tourist visa or VWP while the I-130 is processing but your entry is not guaranteed so it is a risk you take filing the application while you still need to travel. I travel to the US under the VWP as I am from the UK and I have entered and stayed for vacations of 2 weeks or more four times now during the processing of the I-130. I am currently staying for nearly 3 months with my husband here in the US. Each time I entered I brought lots of proof (letter from employer, lease, return ticket etc) that I would return to the UK at the end of my trip. However I was never asked about the visa or needed to show the proof I brought. But a search on here will reveal some people who have had problems at POE.

One option you have is to research the conditions required and the timescale of DCF in the Netherlands. If you qualify (sometimes if takes a six month residency) it might be worth you applying for DCF after your last trip in Jan - DCF is often much quicker than SCF and you might find the process is done in time for your return in July/Aug to the US. Of course you risk it not being complete by then too.