Immigrant travel during application process

[Yodrak 7]

Jersey Girl,

This is simply not true. It is allowable for a foreign spouse to visit and many do.

Many may try and fail, because they do not clear the hurdle of proving non-immigrant intent, but that does not mean that visiting is either not allowed or is impossibly difficult as your post implies.

Yodrak

The foreign spouse waits for the visa in their own country. Better get your heads around this one.

....

[miker32us 6]

My wife and I met twice during the initial stages of the I-130 processing. I assumed that the application was just sitting in a pile during that time. But once the application gets processed both passports get entered into the system and that is the 1st thing any customs officer enters when you arrive in the US. I travelled back to Taiwan with my wife in May while our I-130 was being processed and when I can back into Detroit it had been approved and the customs office asked me why I had been to Ztaiwan so many times and had we started the immigration paperwork. So I think it is safe to travel UNTIL you get approved and from then on it is very risky.

[Yodrak 7]

Cat,

It is not prohibited and the "ground rules" are quite clear - a person wishing to visit the USA must prove to the satisfaction of the CBP officer at a US POE that they do not intend to stay in the USA for any longer than the visit they are claiming to be making.

This may be easier said than done, but what must be done is quite clear and many people are able to do it.

Yodrak

The thing that bugs me is that I've been looking all over the official gov't sites and nowhere do they address this issue. That doesn't seem right, does it? If they prohibit it, then say so! If not, then lay out the ground rules. To leave it in the hands of an individual border jockey seems downright unfair.

Write your senator, JenM. Immigration is a hot issue this year, and everybody wants the good guys to get in and the bad guys to stay out. Your situation is a vote waiting to happen.

Cat

[shockwave00 0]

Below is something I posted before here which may help, good luck to all!

No she did not mention her pending K3 Visa approval in her tourist

> visa application. This is because coming from the UK all she had to

> do was fill in a visa waiver form. This is a green form which asks

> for all the basic details such as name, address, DOB, passport

> number, and where you are staying for the duration of your visit.

> Once authorized by customs this form is then separated in to two

> and the smaller piece is stamped and stapled into your passport.

> When you depart from the US this form is then removed from your

> passport when you check-in for your flight. She was genuinely

> visiting as a tourist on this occasion and she did have every

> intention of returning.

>

> The customs officer did briefly mention her pending visa though. He

> already had this information on file against her name when they

> scanned in her passport and took her fingerprints, which is

> standard procedure at LAX because she's been through it twice

> before already. Although this was the first time since her K3 visa

> application had been submitted. The visa was mentioned just once

> and that was it, the customs officer didn't go in to any further

> details. In general, she found the customs officer very polite and

> going through customs only took her a matter of minutes.

Enjoy

JD

[Jersey Girl 2]

It is allowable for a foreign spouse to visit and many do.

Yodrak, thanks for the definitive answer. If only it were just as clear to the visitor what they had to bring to satisfy the border official, who will ultimately make a subjective decision.

[aussiewench 9]

There is a very good thread discussing this issue HERE. Note in particular posts by imiak (a former CBP officer)

[Sockmonkey 0]

After reading so many things here that contradicted what I gathered from my own inquiries, I got curious and called US Customs (877) 227-5511. I wasn't on hold for very long at all, and the woman I spoke to was both patient and polite. She gave me the number for the Customs people at my husband's intended port of entry in Newark (973) 645-3239. I spoke with an officer right there at the "gate". After I explained my situation, he told me what he personally would consider good evidence to permit entry - it wasn't very much at all. He cautioned me that he knows of other officers on his rotation who are much stricter, and advised me to call back on the next shift and ask the same questions of another officer. I did, and this one said he'd require a lot more. He stopped me when I said my husband lives with his parents (father is ill) and said that without evidence of a lease or mortgage, he simply wouldn't let him pass.

Yeah, I think I'm just going to go to England instead! I convinced Continental to give us credit for his ticket even though it was no refund/no exchange fare, and we will be able to return all of our attraction tickets and get a refund on our hotel without a problem. Lesson learned, and with little damage all things considered. Thanks everybody for your input. We're just not adventurous enough to attempt it.

Sorry I've been a spazz since I signed on. I'm starting to get a grip and a plan, so I'll be much less manic henceforth!

Jen

[Yodrak 7]

Jersey Girl,

As you say, it's a subjective decision. What each person would have to bring would depend on their individual circumstances, including the proclivity of the particuar CBP officer they will encounter.

Also including among those circumstance the intention to depart after a true visit. As many posts indicate, that is often not the intention!

Yodrak

It is allowable for a foreign spouse to visit and many do.

Yodrak, thanks for the definitive answer. If only it were just as clear to the visitor what they had to bring to satisfy the border official, who will ultimately make a subjective decision.

[MPGGPM 0]

After reading so many things here that contradicted what I gathered from my own inquiries, I got curious and called US Customs (877) 227-5511. I wasn't on hold for very long at all, and the woman I spoke to was both patient and polite. She gave me the number for the Customs people at my husband's intended port of entry in Newark (973) 645-3239. I spoke with an officer right there at the "gate". After I explained my situation, he told me what he personally would consider good evidence to permit entry - it wasn't very much at all. He cautioned me that he knows of other officers on his rotation who are much stricter, and advised me to call back on the next shift and ask the same questions of another officer. I did, and this one said he'd require a lot more. He stopped me when I said my husband lives with his parents (father is ill) and said that without evidence of a lease or mortgage, he simply wouldn't let him pass.

Yeah, I think I'm just going to go to England instead! I convinced Continental to give us credit for his ticket even though it was no refund/no exchange fare, and we will be able to return all of our attraction tickets and get a refund on our hotel without a problem. Lesson learned, and with little damage all things considered. Thanks everybody for your input. We're just not adventurous enough to attempt it.

Sorry I've been a spazz since I signed on. I'm starting to get a grip and a plan, so I'll be much less manic henceforth!

Jen

I`m sure we all understand how you feel. Although my wife has visited me twice with no problems or questions asked, as you can imagine, each trip she has taken, .........in the back of my mind I am thinking about those occasional ``denial of entry`` posts you`ll see on on this forum, ...... as I wait and count the minutes for my wife to call from the airport , and to say that everything is okay and that we will finally see each other after months of separation.

It`s enough to drive a grown man crazy

I think the bottom line and flaw in this system is the impossibility of ``proving`` something that hasn`t taken place yet. You...if questioned, are expected to try and prove you will not do something in the FUTURE.

To me...I see no difference between that, and if a police officer were to give me a ticket for speeding because he had this feeling I was going to speed down the highway ``tommorrow```. regardless of the fact that I had told him I had never speeded before and had no intention of doing so in the future. But based on the fact that I drove a Ferrari (figuratively speaking of course:).....he decided to give me a ticket.

I see not much dfference between that.....and the way the US customs makes decisions. The system is inherently unfair. (actually...when you think of it, being turned back and losing the thousand or so dollars on the plane ticket, not to mention the heartbreak of not being able to see on another, sure seems a hell of a lot worse penalty than a mere speeding ticket ever could be )

Anyways....

I once called the Border patrol as well...and a nice lady told me about the same. That my wife had every right to tavel to see me, etc..etc..,.. (State Dept said the same)......but no guarantee .

Drives me nuts..........the way our government does things at times.

My wife and I will travel back to the USA soon...(together this time when she visits). We`ll see how it goes. But at least I will be with her to `raise hell``..so to speak, if confronted over this. We`ll bring what we can....but she does not have a rental agreement either, since she also lives with her parents during this process. (I make good income here in the USA....but funding two places to live...is not easy). They have never asked her to show any paperwork on her other two visits.

Nice that you will be able to visit your husband in England anyhow. Yes.....I am sure that IS the easiest way. To go there rather than for a spouse to come here.

Good luck.

Edited August 1, 2006 by MPGGPM

[Jersey Girl 2]

While it's true there's no law forbidding foreign spouses from visiting, it's also true they can be denied based on the opinion of a single individual. Aussiewench linked to an interesting thread, and the comments of imiak bear repeating (bolding is mine).

"As a former CBP officer, I can give you a little bit of an idea. The real answer is that the circumstances behind each potential entry is unique. Both on the side of the alien and on the side of the officer. There is no exact answer. However, the officer typically looks at the evidence before them (things such as return date, length and frequency of visits, purpose of visit, demeanor, body language, etc) in order to make a decision on whether to allow an alien to enter the US or not. There are general guidelines, however, each officer has their own interpretations of those rather broad guidelines in determining whether one is permitted to enter the US or not.

I believe that telling people on this board to "come on in, there should be no problem" is a very reckless stance to take. The number of variables in determining if that specific alien will be permitted to enter the US is much much too large to make general all-emcompassing statements. In reality, any alien who enters the US is taking the risk that they will be denied entry and sent back. It is my opinion that one who has a immigrant visa petition in process is at greater risk of having their entry denied than one who has no petition at all.

Therefore, I always tell people who intend to visit the US while their petition is processing to bring evidence of their ties back home. However, where the presentation of this evidence can reduce the risk of being denied entry, it is no guarantee."

[Reba 2]

Therefore, I always tell people who intend to visit the US while their petition is processing to bring evidence of their ties back home. However, where the presentation of this evidence can reduce the risk of being denied entry, it is no guarantee."

absolutely true. I was allowed entry back in November 2003, our petition had been submitted (granted lost, but it HAD been sent!) I'd been going back and forth 4 times a year to visit James, PLUS 4 to 6 times per year for work and had been denied entry For Work Purposes previously. I had No Job, No lease, and a 3 month return ticket, no proof at all. The guy at the wicket asked me if I had any chocolate for him because he was coming down from his Halloween candy high. That was it, he said have a nice visit.

Others have gone thru the same terminal at toronto airport, with documentary evidence of return to Canada, and they've been denied entry.

There's no such thing as a sure thing. Its a matter of how much you're willing to take the risk of the cost of the plane ticket and the pain of potentially being separated for the duration of the process.

[CapeG 1]

Every experience is different. I have always had alot of questions asked when i have come from the UK into Boston regardless of being married or not.

However this time on entering the fact I was a newlywed seemed to help me, so much so they told me that I didnt need to be in a seperate line to my husband.

I got to the US in May and we sent our application off the day after my entry. I then changed my flight and I return home this friday which is going to be horrible

The fact is YES your husband can come here there is no law saying he cant. From everything i have ever read and trust me i have researched it, if you are open and honest about your trip there is no reason you would be denied. Alot of people on here say that having something to show ties back home like bills etc is a good idea. In my personal experience in all the times i have visited the US I have only ever been asked to see my return ticket and that was this past entry.

Please dont be put off from your husband visiting you, your doing nothing wrong. In my personal view its all about how you carry yourself at POE.

[MPGGPM 0]

Please dont be put off from your husband visiting you, your doing nothing wrong. In my personal view its all about how you carry yourself at POE.

I tend to agree very much with your last sentence.

I just arrived 2 days ago back to the USA. This time was the first time I traveled with my wife back to the USA. (the other times she was on her own and I was not with her to see the process she goes through etc...)

I really do not have an answer for why some people get denied, or asked many questions, and why some....like my wife....never do.

I watched her this time, her in a separate line...me in the other.

I can only sum up....that as much as I think these forums can be quite useful and informative at times, I also think they can make a person VERY paranoid. Perhaps it is because the many people that DO get through into this country to visit their spouses...just never write about their experiences. People seem to have a tendency to be more vocal about things when they are angry. Or maybe their experiences, because they are negative...become more memorable.

I dont know. I don't know the answer...but all I can say is that for 10 or so hours of traveling, before my wife and I arrived in the USA, so often those images of people getting denied entry etc.....and the bad experiences written on this forum, were so often in my head. I kept prepping my wife on the " what ifs".....that when we got to the airport and customs as to what we would do, if she were to be pulled aside etc....and the worst case scenerio happened.

It just never happened. And for the 3rd time entering this country, she hardly had any questions asked. It was a breeze.............

All that paranoia for nothing. In fact...it was my wife that was the one telling me, during the plane flight to America , that I worry too much, and that everything would be fine. Apparently she was correct.

I don't know why some people get denied and why some don't......but I would tend to agree with that last response in that how you "carry" yourself at the POE has much to do with it. The people at customs must have things they look for and watch. If you look nervous etc, most likely you will get more scrutiny. Also...obviously..if you have something to hide......unless you are the best of actors, you will show it...and they'll see it in you.

Once I was told by phone by the Customs and Border Patrol that visiting too often is one of the main things they look for....and abuse of the system. So I am sure that would affect things as well.....a person's prior visitation history.

Either way...and for whatever reasons etc...my wife made it through with hardly any questions asked.....again....2 days ago....as I watched from a separate line....and she is with me now in the USA....for one month.

So.....as the last few posts concluded.....and I agree with............NO ONE should be put off from seeing and being with their spouse during this loooooooooooooooooooong immigration process. It is not right...and it is not fair. And as long as you are honest and with good intentions........you should be able to get through.

Key word , however is.....SHOULD. Be wary of that......and good luck

Edited August 5, 2006 by MPGGPM