Travel once the I-130 is approved?

[ChrisWR 0]

My husband and I have not seen each other since July 31, 2010 as we wait for immigration to process our case. The I-130 was approved on March 29, and now we are waiting for the NVC to send us a notice. My husband's birthday is coming up at the end of this month. Would there be a problem if he came to visit while we wait for the rest of the process to be completed? He has a tourist visa. What are the chances of him being stopped at POI?

[YuAndDan 153]

There is always the posibility of being denied entry at the POE, the petition is pending so shows immigrant intent, the officer at POE can always assume that you will file an I-485 to adjust status once in the USA based on the approved I-130.

Need to show very strong evidence of ties to the home country and will NOT overstay, or attempt to adjust status once in the USA.

As for predicting the chances of being stopped at the POE, it is the roll of the dice.

[canadian_wife 1,822]

I agree. There are no guarentees and the presumption of immigrant intent (which is obvious now) will have to be overcome. What ties does he have to Mexico that he can produce to show that he MUST return?

Good luck