visiting my husband

[Brian&Mel 0]

Loto - u said she is ok to travel on VWP or visitor visa, I don think that can work.

With either one VWP or Visitor visa one is agreeing they dont have any intention of immigration, while you have I-130 pending, that would be difficult to prove that person has no intention of immigration

I would advice against the travel, but that my opinion.

I actually visited my husband when our paperwork was pending. I stayed here for about 6 months before headed back to Malaysia for my interview. I didn't have any problem at the POE and in fact the officer didn't even mentioned about the immigrant visa.

OP- will you be travelling with yout husband?

Edited August 17, 2010 by Brian&Mel

[LotofPatience 65]

What I was saying was if someone entered the US with an pending I-130 THEN attempted to AOS, the intent to immigrate is clear with a pending I-130

canadian_wife,

That's my point as well. "Intend to immigrate" is clear when I-130 is pending and the beneficiary try to enter the U.S in visitor visa or VWP.

Your previous quote was "how she gets around the 'immigrant intent' part when her husband has file the I-130 thus indicating she has immigrant intent?"

My answer - there are many ways to overcome this situation, some might face no problem at all, some might need second POE interview and some might deny the entry if the officer is not convinced. It is a double edged sword. Of course, the OP has a house in London and it clearly proves her tie up of her home country to backup her reasoning that she will go back to London.

Even there are expert attorneys in the U.S to AOS the status within 90 days period of VWP (no overstay, that's an issue) to file I-485 when I-130 is pending, by using the 7th circuit of U.S court of appeals.

Loto

[canadian_wife 1,823]

Lots and lots and lots of people have traveled on the VWP with a pending I-130. It is perfectly legal to do. Now, is it a guarentee that admittance will be granted...no. But it has been done and many people will do it again

And Loto, we should never advise people to abuse the VWP and enter the US as a tourist with intent to immigrate. That is against the TOS. With a pending I-130 it is clear she has immigrant intent so in my opinion, AOS isn't an option

Good luck

Edited August 17, 2010 by canadian_wife

[LotofPatience 65]

Loto - u said she is ok to travel on VWP or visitor visa, I don think that can work.

With either one VWP or Visitor visa one is agreeing they dont have any intention of immigration, while you have I-130 pending, that would be difficult to prove that person has no intention of immigration

I would advice against the travel, but that my opinion.

Harsh,

If I am not wrong you have recently got a B1 visa based on your employment right. You have the plans to visit the U.S before the Consulate interview of your immigrant visa, right? Do you think that would be an issue at POE? You have solid ground at POE.

Loto

[LotofPatience 65]

Lots and lots and lots of people have traveled on the VWP with a pending I-130. It is perfectly legal to do. Now, is it a guarentee that admittance will be granted...no. But it has been done and many people will do it again

And Loto, we should never advise people to abuse the VWP and enter the US as a tourist with intent to immigrate. That is against the TOS. With a pending I-130 it is clear she has immigrant intent so in my opinion, AOS isn't an option

Good luck

canadian_wife,

I am not advising people to abuse their VWP. The OP has said they filed their I-130 and if you read my thread above I have suggested IR1/CR1 at consular post is the method I prefer to, as well. I think you are repeating my preferred method in another way

Footenote: I am not sure if I provide all the options available in the immigration process would be against TOS!!!

Loto

Edited August 17, 2010 by LotOfPatience

[LotofPatience 65]

Brian & Mel, Glad to know that you could use your visit visa while I-130 was pending. Did you apply visit visa, after I-130 filing?

Kaashparinda, yes, I would recommend "Consular post" IR1/CR1 as well, rather than coming here while I-130 is pending and do AOS. However, there is an exception even after waiving the rights signed on VWP. If AOS is filed within 90 days period of VWP, USCIS cannot deport or remove the person based on the 7th circuit of U.S Court Appeal and it is LEGAL. It is always good to know all the legal stuff, huh? To enter the U.S in VWP, one must clearly demonstrate the tie up (there are many ways) in their home country with return ticket. You're right - never say visiting husband/wife.

Harsh, please let us know your experience after visiting the U.S in B2 visa.

If anybody has any questions, please let me know. I may answer based on my knowledge and in LEGAL way.

Loto

[Boiler 45,756]

Please can anyone tell me if I can go and visit my Husband now my papers have been sent?

Yes you can, just use the VWP. I am assuming you have a current ESTA.

I visited, many others have as well in similar circumstances.

No harm in taking proof of your need to return, to be shown only if asked for by the Immigration Officer.

most people enter without issue, but no harm if having extra documentation as a back up.

[LotofPatience 65]

Yes you can, just use the VWP. I am assuming you have a current ESTA.

I visited, many others have as well in similar circumstances.

No harm in taking proof of your need to return, to be shown only if asked for by the Immigration Officer.

most people enter without issue, but no harm if having extra documentation as a back up.

Boiler,

A quick question - For some reason if they deny the entry at POE, will it affect the pending immigrant visa process?

Loto

[Boiler 45,756]

Except in most unusual cases, no.

Most often VWP applicants are allowed to withdraw their application and go back on the next available flight.

[LotofPatience 65]

Except in most unusual cases, no.

Most often VWP applicants are allowed to withdraw their application and go back on the next available flight.

Thanks Boiler!

I also thought so, but wanted to confirm it.

Loto

[Harpa Timsah 13,258]

This is longest route to get green card and more expensive as well.

No, AOS is not longer at all. Thing is, you have to be in the US to do it. You can't come to the US with the intent to immigrate on a non-immigrant visa.

[LotofPatience 65]

You can't come to the US with the intent to immigrate on a non-immigrant visa.

Harpa Timsah,

That's the general law. But, if the person already arrived in the U.S, he/she can do the AOS based on the I-130 petition. In VWP, if he/she has to do it within 90 days time. USCIS cannot challenge the person based on the 7th circuit of U.S court of appeals.

Your signature itself shows that you are doing AOS when your husband is in B2 visa (non-immigrant visa).

Loto

[mrs.T 1]

Not quite sure why you'd even ask if she is AOSing when she clearly indicated her husband sent the I-130 papers yesterday

Because she could of filed the I129f with the I130and get the K3, in this case she would still have to do the adjusment in the US

[LotofPatience 65]

Because she could of filed the I129f with the I130and get the K3, in this case she would still have to do the adjusment in the US

Mrs.T,

That's another method of Adjusting of Status and it is a clean method as well. K3 visa is non-immigrant, but it has "dual intent". Now-a-days, both K3 and IR1/CR1 takes same time and K3 will be administratively closed if both approved at the same time.

Loto

[inloveVEN 46]

Please can anyone tell me if I can go and visit my Husband now my papers have been sent?

Hi

you are allowed to visit your husband if you can travel legally with a non-inmigrant visa to USA or with a Waiver . But at the POE, only God knows what could happen.

You have to show yourself so convincing and show strong ties and be so confident when you answer the questions asked to you.

Sometimes it is a matter of good luck what happen as a result of your interaction with the officer at the POE. I have read things like, "this is your last visit that you are allowed to", or "you have to go back till your inmigration process finish" or " enjoy your visit"

but legally you are allowed, dont overstay

Edited August 18, 2010 by inloveVEN