Best course of action while awaiting I-130 approval

[Lostinamerica 0]

Hi all. My situation is as follows. I'm a US citizen in the military that just moved back to the US from Germany... my wife is German and is currently remaining in Germany to finish school and wait out our pending Visa application. I applied way late since we were married in early August, and I only mailed my I-130 application in February... which was foolish of me and I am kicking myself for right now. I received my NOA on 28 February and still have not heard anything back on it going on almost three months now. It looks like at this point, since we haven't even gotten a request for information or the second notice of action that her having a Visa by July isn't going to happen. We were originally planning on her coming to move in July if the Visa was complete, otherwise we were going to have her come visit for maximum three months under the VWP while the application is pending.

Does anyone know of any horror stories about pending I-130 applications and spouses visiting their significant other in the states while this is pending? Even if say, I realistically receive my second NOA and am moving through with processing the other paperwork and awaiting the interview, would it be safe for her to come visit for three months? Basically, a woman from USCIS and someone at the Customs and Border control confirmed that it's up to the Border Control agent whether you are allowed to get in. If they ask if she has a pending visa application (which they probably will) they frown upon the spouse coming to visit and automatically assume she is going to overstay and they are relucant to let them in. Is this true? We are basically hoping that she can visit for up to three months while the rest of the process runs it's course and having her return before the three months is up, or as soon as we get notification that she will be scheduled for an interview (since that is the part that requires her to be in Germany).

Any information, or advice would be greatly appreciated... I am thankful I found this board and a huge community of people that is going through a similar process I am.

Brian

[Used to be broken 147]

Hi all. My situation is as follows. I'm a US citizen in the military that just moved back to the US from Germany... my wife is German and is currently remaining in Germany to finish school and wait out our pending Visa application. I applied way late since we were married in early August, and I only mailed my I-130 application in February...

Brian,

Not sure about your wife visiting , its expensive if she gets turned back at the border and tough to get in if she doesn't have a return ticket. Did you use the Military assistance program to help with the paperwork? It seems I read some things about a faster track for military families.

Also I saw multiple posts from you on the same issue, this board frowns on that.

Edited May 26, 2010 by brokenfamily

[Lostinamerica 0]

Brian,

Not sure about your wife visiting , its expensive if she gets turned back at the border and tough to get in if she doesn't have a return ticket. Did you use the Military assistance program to help with the paperwork? It seems I read some things about a faster track for military families.

Also I saw multiple posts from you on the same issue, this board frowns on that.

Brokenfamily,

No idea why it created multiple posts on the same topic... I must have done something wrong but I don't know what. I wasn't trying to "bump" the topic or anything... just a mistake on my part.

What are the repercussions for her getting turned back at the border? Does that basically mean I have to buy a return ticket for her that same day, or they hold her within the country until then? I have no idea how that works. I also plan on booking a return ticket at about the 80 day mark to ensure she doesn't overstay. It seems ridiculous that they would automatically assume she is going to overstay... why would I even go through a visa process and pay the fee for it, if I'm going to break the law? I'd just have her come in on the VWP and never leave if I wanted to go that route.

Brian

[*Snowdrop* 604]

It is up to the border official on the day however many people on here going through the CR1 visa have successfully visited while going through the process using the VWP.

My husband and I had a VERY long visa process when we got caught up in the infamous 2007 price rise backlog. (And just for current applicants complaining about their 5 month waits to NOA2 - we waited over 90 days just for the NOA1 and over ten months for the NOA2 - and our case was simple with no RFEs)

So from the time we first sent in the form to the time I had my Embassy interview I visited four times - three times for 2 weeks and the final time for just under 90 days. Each time I was asked why I was there and I said to visit my husband. I was never asked about the visa application and I was never asked for any evidence of return apart from my return ticket. (I took with me letters from my employer, bank statements, rental agreements etc just in case)

It is a risk - and your wife will have to buy a return ticket and go straight home if refused but I didn't ever have the slightest issue. I also had a good record of visiting and returning - we had been in a long distance relationship for two years before we married and I had been traveling to the US six times a year for a week or two each year during that time.