What is allowed during immigrant petition/consular processing?

[iloveabelgian 0]

Hi all, new user.

I am a US citizen and got married in March to a Belgian national. We met when she was one vacation here and we have been visiting each other since, she also studied in Canada for a year. We got married here in the US and submitted a form I-130 petition for alien relative, she is back in Belgium while we are waiting and we plan to approach her green card by doing consular processing.

Right now the I-130 is still under review and we are awaiting the decision. The estimate given from the USCIS site at the time we submitted was 6 months processing time, it has been almost that long now. She is just finishing up her studies and will be ready to come to the US soon.

My question is this:

Is she allowed to travel to the US on the visa waiver program while we are waiting for the decision on her I-130? Will she still be able to visit once the I-130 is approved and it starts moving to the consular processing phase? She will obviously have to go back to Belgium once they ask for an interview and for her medical exam and biometrics and stuff like that. But, we are just interested in if she can come visit during the waiting time.

[Marijke 1]

Hi all, new user.

I am a US citizen and got married in March to a Belgian national. We met when she was one vacation here and we have been visiting each other since, she also studied in Canada for a year. We got married here in the US and submitted a form I-130 petition for alien relative, she is back in Belgium while we are waiting and we plan to approach her green card by doing consular processing.

Right now the I-130 is still under review and we are awaiting the decision. The estimate given from the USCIS site at the time we submitted was 6 months processing time, it has been almost that long now. She is just finishing up her studies and will be ready to come to the US soon.

My question is this:

Is she allowed to travel to the US on the visa waiver program while we are waiting for the decision on her I-130? Will she still be able to visit once the I-130 is approved and it starts moving to the consular processing phase? She will obviously have to go back to Belgium once they ask for an interview and for her medical exam and biometrics and stuff like that. But, we are just interested in if she can come visit during the waiting time.

Hi,

I have no idea about travelling to the US when the I-130 is still pending, but i'm pretty sure that it won't be a problem.

Our daughter and i spent almost 3 months in the US after the I-130 was approved, they didn't ask me any questions at US customs or anything ...so no problem there.

If you have any questions about the paperwork, medical or interview here in Belgium feel free to ask.

Good luck on your journey

[Ryan H 3,834]

Is she allowed to travel to the US on the visa waiver program while we are waiting for the decision on her I-130? Will she still be able to visit once the I-130 is approved and it starts moving to the consular processing phase? She will obviously have to go back to Belgium once they ask for an interview and for her medical exam and biometrics and stuff like that. But, we are just interested in if she can come visit during the waiting time.

Yes. However, there is no guarantee that a CBP Officer will allow her entry. If CBP is aware that an I-130 is pending, she may still have to show "strong ties" to Belgium at the POE or risk being denied entry and sent back.

A forum topic on the subject of visiting while an application is pending.

http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/page__p__900306#entry900306

IMO, your wife should have no problems when coming to visit.

Edited August 30, 2010 by Ryan H

[Mithmeoi 29]

I think she'll need good proof that she plans to return home on each visit and her ties to Belgium are strong. They may limit the time she's allowed to stay in the country too. I'm not sure, but she should be able to enter, as I've heard of people visiting during the process.

Good luck with everything! If you have an questions about the process feel free to ask!

[iloveabelgian 0]

Just an update to this: my wife was able to pass through the border as a visa waiver tourist.

She was asked by the agent why she was coming, she said, "To visit my husband."

The agent asked if I (the husband) was American, she said, "Yes."

He asked if we had filed a petition, she said we had and it had been approved and offered to show proof, he told her it wasn't necessary.

He asked if she had a ticket to return (her stay was going to be about 2 months), she said she did and offered to show it, he said it wasn't necessary and let her in.

Yay!

[Sweetamooni 70]

Hi Everyone.

 

I just submitted my i130 petition for my Canadian husband. We have been in Canada for the last few years about a year ago we moved to Poland for my husband to continue his education. On the i-130 i stated I would like to do consular processing here in Warsaw at the US Embassy. Was I supposed to put Canada since thats my husbands citizenship? We are legally in Poland on a temporary residence visa/card while he completes his studies. 

 

I hope I didn't make a mistake!

 

Thanks in Advance!