Visiting US while visa pending

[carolbrasil 0]

I've decided to write this topic, because it is a little controvertial and I think it is very useful when we share our experiences.

I have a tourist visa (I got it before I got married and started the visa processing). So, I was really in doubt if I should take this risk and visit my husband.

Well, we decided that I should do it and I have to confess that I was really nervous about it specially because I would have to go through Atlanta Airport and I've read that it is one of the worst for foreigners.

So, I got there some days ago and the immigrant agent asked me what was the purpose of my trip. I was very honest and told him that I came to visit my husband. He asked if my husband was an american citizen and I said yes. He asked where my husband was stationed (my husband is in the military).

He also asked me when I would move up and I said I was still going through the immigrant visa processing and I thought I would be able to move in the begining of next year. He asked how long I would stay and I said a month and that was it. He gave me 6 months of tourist visa!

I had with me lots of documents proving ties in Brasil and he didnt ask to see any of them. It is the second time I visit US and the first time I stayed only 15 days, but when I came for the first time I was not married yet.

The whole time I was very honest an I guess that helped me!

I hope I could help with my experience.

Kisses!

01/05/06 received NOA1 petition I-130 from VSC

03/06/06 touched

07/07/06 touched

07/08/06 touched

07/25/06 email that case was transfered to CSC

07/28/06 email that CSC has received my petition

07/31/2006 touched

08/01/2006 touched

08/02/2006 touched

08/07/2006 touched

08/08/2006 APPROVED!!!!!

08/18/2006 NVC received and case assinged

08/21/2006 DS 3032 and AOS Fee Bill Generated

08/23/2006 DS 3032 and AOS Fee Bill Received by Mail

08/24/2006 E-mailed NVC about The Choice of Agent

08/29/2006 NVC Accepted The Choice of Agent

09/01/2006 AOS Fee Bill and Payment Mailed

[YuAndDan 153]

Great post.

Hopes it helps those in similar situation.

Honesty with the customs agents at the POE or Border is the best policy! I too dealt with the customs people few weeks ago, I crossed back into the USA from Canada after spending the weekend at an auto race in Quebec, (I drive the large auto transporter loaded with 2 cars and all the gear involved with the race team), anyway this is the first time for me in this type of situation for the race team and the customs officer asked me several questions and pointed out where I was wrong about my load list, but could tell I was being honest with him and let me pass with out stopping me.

So whenever dealing with the customs and border people, be calm and honest.

[pja002 0]

Great post.

Hopes it helps those in similar situation.

Honesty with the customs agents at the POE or Border is the best policy! I too dealt with the customs people few weeks ago, I crossed back into the USA from Canada after spending the weekend at an auto race in Quebec, (I drive the large auto transporter loaded with 2 cars and all the gear involved with the race team), anyway this is the first time for me in this type of situation for the race team and the customs officer asked me several questions and pointed out where I was wrong about my load list, but could tell I was being honest with him and let me pass with out stopping me.

So whenever dealing with the customs and border people, be calm and honest.

My husband has visited twice during his visa journey on the UK visa waiver program.

Calm and honesty is the key.

Both times he made sure to bring proof of ties to his home country. Job verification, house hold bills etc....

He didn't need it, but it was a comfort to have just in case.

The second time he was questioned and spoke honestly that he was here to visit his wife and children.

The agent was very sympathitic.

Edited September 8, 2006 by pja002

[iceyspots 0]

Glad you made it through! it's good to hear a positive story about Atlanta... Usually they would badger you and make you show lots of evidence that you will return.

[englishamericanvisa 0]

Glad you made it through! it's good to hear a positive story about Atlanta... Usually they would badger you and make you show lots of evidence that you will return.

Afraid I wasn't very honest and even more afraid to say that that worked for me

My POE is Boston. I visited on the VWP after I married my husband and he had returned to the States. I pretty much knew that nothing comes up when your passport is swiped. We had filed the 1-130 about two months before.

So we arranged with good family friends in our city that I'd say I was seeing them. I put their details on the VWP form, took my rings off and said I was visiting them. They let me in no problem.

In fairness, I did ask the immigration guys for their advice on a previous visit, before I was married. They were very kind, winked at me and said - off the record - 'Look, just say you're going shopping. If we know you have a husband here that is an excellent reason not to let you in. But we can't argue against a shopping trip'.

And if there are no flights back that day, it's a night in the county jail!

I'm not kidding - that's what they said! They can't let you in the country, can they!

However, as the process nears the end I wouldn't be as comfortable about doing this. I could end up having Christmas in jail!!!!! For that reason my USC hubby is coming to the UK for Xmas.

[epitome 0]

I let my adjustment of status go as we are planning to live in the uk for a year or so - however i just came back into the USA on visa waiver - no problem-i told the officer i had been here on ki and applied for AOS but it was all cancelled - and i was visiting my wife prior to her selling up and going to england - it was no problem !

However, I think we are risking it you know - it isn't the night in jail with very large people of a different orientation that bothers me - could be the end of visa waiver if we do get refused - and all those future forms that say 'have you ever been refused' - and will it affect the pending petition ? so really we are like hedgehogs (read possums) that cross the road 100 times and say it isn't a problem - one of these days it could be a very big problem - i think we are right to sweat it in that line to the desk...

but we keep doing it .... people have been swimming with sting rays for 50 years with no problems - they don't do it now though ! gloom gloom pessimism and woe - yes i will probably do visa waiver again - i was so relieved to get in i forgot my glasses at the desk - didn't go back for them...

[englishamericanvisa 0]

I let my adjustment of status go as we are planning to live in the uk for a year or so - however i just came back into the USA on visa waiver - no problem-i told the officer i had been here on ki and applied for AOS but it was all cancelled - and i was visiting my wife prior to her selling up and going to england - it was no problem !

However, I think we are risking it you know - it isn't the night in jail with very large people of a different orientation that bothers me - could be the end of visa waiver if we do get refused - and all those future forms that say 'have you ever been refused' - and will it affect the pending petition ? so really we are like hedgehogs (read possums) that cross the road 100 times and say it isn't a problem - one of these days it could be a very big problem - i think we are right to sweat it in that line to the desk...

but we keep doing it .... people have been swimming with sting rays for 50 years with no problems - they don't do it now though ! gloom gloom pessimism and woe - yes i will probably do visa waiver again - i was so relieved to get in i forgot my glasses at the desk - didn't go back for them...

Glad to know I'm not the only one who sweats it in that line up to the desk!

That is very funny about losing your glasses and being too scared to go back for them. I'd feel like that too - you don't want to return to the lion's lair having escaped once, do you!

Yeah, I hadn't thought about the future implications if we did get refused. You're right about that.

Hmph. That means I can't see my hubby!

[epitome 0]

Yeah, I hadn't thought about the future implications if we did get refused. You're right about that.

Hmph. That means I can't see my hubby!

I reckon if you take lots of back up info about your return then you have a good chance of being allowed in - i volunteered my return ticket and my wife's ticket to come back to the uk with me and a confirm of our uk visa interview at the uk consulate in chicago- smile and be relaxed.... if you have never overstayed etc then the odds on sucess are raised. My worst hurdle was the englishwoman at manchester airport (BMI airline)who didnt want to let me fly - she made lots of calls but couldnt get a confirm on her denial so said i could fly at my own risk. I have crossed swords with her before - she tried to stop me flying last year as my ticket was initially 91 days - when i pointed out my k1 visa she looked disappointed that she had to let me fly. The US immigration people have always been really nice in contrast ....

As long as we are aware of the risk and do everything we can to assure the officer - thats all we can do

[englishamericanvisa 0]

Yeah, I hadn't thought about the future implications if we did get refused. You're right about that.

Hmph. That means I can't see my hubby!

I reckon if you take lots of back up info about your return then you have a good chance of being allowed in - i volunteered my return ticket and my wife's ticket to come back to the uk with me and a confirm of our uk visa interview at the uk consulate in chicago- smile and be relaxed.... if you have never overstayed etc then the odds on sucess are raised. My worst hurdle was the englishwoman at manchester airport (BMI airline)who didnt want to let me fly - she made lots of calls but couldnt get a confirm on her denial so said i could fly at my own risk. I have crossed swords with her before - she tried to stop me flying last year as my ticket was initially 91 days - when i pointed out my k1 visa she looked disappointed that she had to let me fly. The US immigration people have always been really nice in contrast ....

As long as we are aware of the risk and do everything we can to assure the officer - thats all we can do

It sounds like you have my experience in reverse! You see, I never have trouble at the UK end but the officers at Boston are really scary. They say in a horrid, direct, flat tone: 'Why are you here?' They always ask me what I do, how I know my husband (when he was just my boyfriend), is he a USC, how many times have I been there, when am I going back. And that's the minimum I got asked before any kind of visa was ever filed.

What's with Miss Coronation Street? Maybe she fancies you!

Or should that be

Interesting that you did the K1 but are now on the other route, because we are in the same situation. We got as far as a scheduled interview for the K1 but cancelled it because we were having some relationship issues and decided to take things a bit slower and that we weren't ready to marry. We spent another year just being together without wedding pressure then married in June, three months ago. All great now.

I think we might have to forget about the K3 because if you look at the IMBRA notes it says anyone who has had a previous visa approved in the last 2 years may have to apply for a waiver. By the time we've been through IMBRA and got over the previous visa hurdle (if any) I'm thinking I might be better off going for the green card.

Not going to cancel the K3 though. Green cards are moving pretty fast right now for some but that could always change!

[D and B 0]

Hi, All - I hope this is the right place this post

I’m hoping someone can help put our minds at rest.

Finally, my wife’s IR1 visa has been approved (After 5 very long years of being apart) and she just received a letter from UK ebbassy with her Interview date (October 3rd). Her Medical is tomorrow which she isn’t too concerned about, but she is really stressed out about the interview.

Reason why we’re so worried is because we were filling out DS-230 part2 and think we need to answer YES to Q32 - Have you ever been refused admission to the United States at a port-of-entry?

I’m wife has come over to the states many time to see me, but on her last trip over she got stopped the officer thought she was coming over to stay for good even thought she had a return ticket and planned to go back to London in few weeks. They ended up sending her back the same day and told her she need to wait for her Immigrant Visa, also stamped her passport with VWP (Visa Waiver Program) refusal. I think the refusal was due to her having photo albums and personal paperwork in her bags.

My wife is really worried about the interview only because of the refusal, and feels they may make a big deal about her getting the refusal at point of entry last year. If anyone can give us some advice it would be greatly appreciated, it may even help put my wife’s mind at rest which would be wonderful.

Should we be really worried about the interview coz of refusal? It would be really nice to hear from someone that has been (or is) in the same situation.

Thanks a lot,

Dipen

[alix 20]

Hi everyone,

Unfortunately I wasn't so lucky. I married my USC husband in the US in July 2005 and we moved to Japan. In January we decided that we wanted to move back to the US, so we applied for the I-130. We were told that once we moved back to the US for good, we should apply for the I-485(AOF). In April we came back, but had two other trips planned so we decided to wait. In May we came to Brazil to throw a wedding party for my family and friends (who couldn't attend the real wedding in the US). When we returned together, the immigration officer in Chicago stopped me. She let us know that my I-130 had been approved. She also told me that I couldn't have left the country after applying for the I-130 and that I had two options: return that same night to Brazil or agree to meet an immigration officer in Phoenix, AZ. They even knew that I had a driver's license, so they assumed I was living in the US already. Of course I prefered to go to the Phoenix office. My appointment was a month later. There I was told that I had to come back to Brazil to get my visa. The immigration officer gave me a 6 month-stay, but said that once I left the country I could only come back with my CR1. So please, be careful.

Alix

[MPGGPM 0]

Hi everyone,

Unfortunately I wasn't so lucky. I married my USC husband in the US in July 2005 and we moved to Japan. In January we decided that we wanted to move back to the US, so we applied for the I-130. We were told that once we moved back to the US for good, we should apply for the I-485(AOF). In April we came back, but had two other trips planned so we decided to wait. In May we came to Brazil to throw a wedding party for my family and friends (who couldn't attend the real wedding in the US). When we returned together, the immigration officer in Chicago stopped me. She let us know that my I-130 had been approved. She also told me that I couldn't have left the country after applying for the I-130 and that I had two options: return that same night to Brazil or agree to meet an immigration officer in Phoenix, AZ. They even knew that I had a driver's license, so they assumed I was living in the US already. Of course I prefered to go to the Phoenix office. My appointment was a month later. There I was told that I had to come back to Brazil to get my visa. The immigration officer gave me a 6 month-stay, but said that once I left the country I could only come back with my CR1. So please, be careful.

Alix

Were you living in the USA when you filed the I-130? I am just wondering because the way you wrote it, to me it sounds as though you moved to the USA , then filed it?

It is just not clear to me the way you wrote it......because it sounds in a way as if you were here, but then after traveling, you were not let in due to not having advance parole? (and having left the USA anyhow)

And so, because of that, they didn't let you back in.

To me, that's a bit different than someone who lives abroad but just wanted to travel and visit the USA.

In either case, it sounds like you had some very unfortunate circumstances happen to you, and I hope things eventually work out.

[alix 20]

Hi everyone,

Unfortunately I wasn't so lucky. I married my USC husband in the US in July 2005 and we moved to Japan. In January we decided that we wanted to move back to the US, so we applied for the I-130. We were told that once we moved back to the US for good, we should apply for the I-485(AOF). In April we came back, but had two other trips planned so we decided to wait. In May we came to Brazil to throw a wedding party for my family and friends (who couldn't attend the real wedding in the US). When we returned together, the immigration officer in Chicago stopped me. She let us know that my I-130 had been approved. She also told me that I couldn't have left the country after applying for the I-130 and that I had two options: return that same night to Brazil or agree to meet an immigration officer in Phoenix, AZ. They even knew that I had a driver's license, so they assumed I was living in the US already. Of course I prefered to go to the Phoenix office. My appointment was a month later. There I was told that I had to come back to Brazil to get my visa. The immigration officer gave me a 6 month-stay, but said that once I left the country I could only come back with my CR1. So please, be careful.

Alix

Were you living in the USA when you filed the I-130? I am just wondering because the way you wrote it, to me it sounds as though you moved to the USA , then filed it?

It is just not clear to me the way you wrote it......because it sounds in a way as if you were here, but then after traveling, you were not let in due to not having advance parole? (and having left the USA anyhow)

And so, because of that, they didn't let you back in.

To me, that's a bit different than someone who lives abroad but just wanted to travel and visit the USA.

In either case, it sounds like you had some very unfortunate circumstances happen to you, and I hope things eventually work out.

Hi,

No...we were actually just visiting the US when we applied for the I-130 (Christmas and New Year's). We were told by the USCIS that it was the only thing we could file while still living in Japan. After that I entered and left the US 3 times until the last one in Chicago, when all that happened. Before that we never had any trouble. In Chicago we were told by the CBP that I should have never left the US after applying for the I-130. As I said above she also accused me of living in the US because I had a driver's license. I had never spent more than 4 weeks in the US each of the times I visited. She also took my picture, my fingerprints and confiscated my passports. It was pretty humiliating. We were planning to file for an Adjustment of Status later this year, because we had a couple trips abroad planned and didn't want to have to wait for the Advanced Parole to be issued. We were never told that we had to get a visa and that if we tried an Adjustment of Status we could be charged for fraud (because I entered the country with a tourist visa with the intent of residing). I only found that out what I really had to do at the Phoenix Immigration office. We never meant to break the law, we were just totally misinformed.

Anyways, we learned our lesson the hard way. We should have hired a lawyer when we got married. But our worry then was to be able to live in Japan, not the US. Fortunately my case has been processed by the NVC and should be on its way to the Consulate in Rio very soon. We hope that I can be home by Christmas.

Alix

Hi everyone,

Unfortunately I wasn't so lucky. I married my USC husband in the US in July 2005 and we moved to Japan. In January we decided that we wanted to move back to the US, so we applied for the I-130. We were told that once we moved back to the US for good, we should apply for the I-485(AOF). In April we came back, but had two other trips planned so we decided to wait. In May we came to Brazil to throw a wedding party for my family and friends (who couldn't attend the real wedding in the US). When we returned together, the immigration officer in Chicago stopped me. She let us know that my I-130 had been approved. She also told me that I couldn't have left the country after applying for the I-130 and that I had two options: return that same night to Brazil or agree to meet an immigration officer in Phoenix, AZ. They even knew that I had a driver's license, so they assumed I was living in the US already. Of course I prefered to go to the Phoenix office. My appointment was a month later. There I was told that I had to come back to Brazil to get my visa. The immigration officer gave me a 6 month-stay, but said that once I left the country I could only come back with my CR1. So please, be careful.

Alix

Were you living in the USA when you filed the I-130? I am just wondering because the way you wrote it, to me it sounds as though you moved to the USA , then filed it?

It is just not clear to me the way you wrote it......because it sounds in a way as if you were here, but then after traveling, you were not let in due to not having advance parole? (and having left the USA anyhow)

And so, because of that, they didn't let you back in.

To me, that's a bit different than someone who lives abroad but just wanted to travel and visit the USA.

In either case, it sounds like you had some very unfortunate circumstances happen to you, and I hope things eventually work out.

[mmmata 0]

I found this from the nationa visa center (NVC)..

http://www.travel.state.gov/visa/frvi/deni...nials_1361.html

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status...

So basically..they see everyone coming in as wanting to be an immigrant..

my baby..wants to come visit me..we just got our NOA2 approval and we're waiting on her embassy interview..we have her return tix (from her first visit) and we're going to loose that flight..(max time is 120 days)..

it appears that once your case is approved..it gets into the immigration computer..and they see it when you enter/exit the country and applying for a visa..

whee

from what I gather..some people can get in once they're approved, but VJ says they historical deny k1 applicants..

[jarl 0]

I've decided to write this topic, because it is a little controvertial and I think it is very useful when we share our experiences.

I have a tourist visa (I got it before I got married and started the visa processing). So, I was really in doubt if I should take this risk and visit my husband.

Well, we decided that I should do it and I have to confess that I was really nervous about it specially because I would have to go through Atlanta Airport and I've read that it is one of the worst for foreigners.

So, I got there some days ago and the immigrant agent asked me what was the purpose of my trip. I was very honest and told him that I came to visit my husband. He asked if my husband was an american citizen and I said yes. He asked where my husband was stationed (my husband is in the military).

He also asked me when I would move up and I said I was still going through the immigrant visa processing and I thought I would be able to move in the begining of next year. He asked how long I would stay and I said a month and that was it. He gave me 6 months of tourist visa!

I had with me lots of documents proving ties in Brasil and he didnt ask to see any of them. It is the second time I visit US and the first time I stayed only 15 days, but when I came for the first time I was not married yet.

The whole time I was very honest an I guess that helped me!

I hope I could help with my experience.

Kisses!

01/05/06 received NOA1 petition I-130 from VSC

03/06/06 touched

07/07/06 touched

07/08/06 touched

07/25/06 email that case was transfered to CSC

07/28/06 email that CSC has received my petition

07/31/2006 touched

08/01/2006 touched

08/02/2006 touched

08/07/2006 touched

08/08/2006 APPROVED!!!!!

08/18/2006 NVC received and case assinged

08/21/2006 DS 3032 and AOS Fee Bill Generated

08/23/2006 DS 3032 and AOS Fee Bill Received by Mail

08/24/2006 E-mailed NVC about The Choice of Agent

08/29/2006 NVC Accepted The Choice of Agent

09/01/2006 AOS Fee Bill and Payment Mailed

why ur immigrate visa is pending so long...............sorry i am curious too ..

jarl