Pending I-130 and visiting the USA

[KG2015 4]

Hi everyone, if a person has an I-130 petition pending approval will it pose a problem when visiting the USA? She will be visiting along with her family for 5 days and has a return ticket. Kindly note that she doesn't have a visa and doesn't require one as the same is not needed for residents from the Bahamas. Just wants to know if they are going to question her at the airport. Thanks for your kind replies:

I-130 sent Aug 12th 2011

NOA1: 8-14-2011

Edited November 26, 2011 by kedic

[payxibka 10,045]

normal entry rules continue to apply

[GitmeOuttaHere 0]

I am in the same boat....So how long do "normal entry rules" apply?

I filed Oct 29th and am already at NOA2.

[wbogard 2]

I'm wondering the same thing! I have a B1/B1 visa. And I'm going to submit my I-130 form on Monday. We are planning to go to USA to see family in April. I wonder if it's allowed.

[payxibka 10,045]

I am in the same boat....So how long do "normal entry rules" apply?

I filed Oct 29th and am already at NOA2.

at anytime or all the time. Any entry into the USA on a tourist visa, the alien must be able to demonstrate lack of immigrant intent on that entry

[GitmeOuttaHere 0]

So that means I can just keep going back and forth like I have been for the last several years and will have no problems as long as they don't think that I am trying to stay permanently (which I am not until after I get my visa).

I kinda thought that when the processing got to a certain stage that I would have to get some sort of AP or special permission to enter.

[nickoxxy 2]

So that means I can just keep going back and forth like I have been for the last several years and will have no problems as long as they don't think that I am trying to stay permanently (which I am not until after I get my visa).

Yeap.

I kinda thought that when the processing got to a certain stage that I would have to get some sort of AP or special permission to enter.

Your entries, though, would be more scrutinized. Last visit my wife did after NOA2 and case having been transferred to NVC, was not something out of order, but they definitely questioned her about me as petitioner and other things (ties to Canada etc). But she was granted in the long run 6-month staying in the USA. I don't think they're complete idiots, and they now exactly since you got your petition approved or transferred to NVC, you would be getting an interview. Why to cut limb on which you're sitting? Doesn't make sense to me. In your case it's a little bit harder, but still I don't see serious reasons on entry's denial. Especially if you have a good record of your previous visits to and from the USA. Good luck to you !

Edited November 26, 2011 by nickky

[KG2015 4]

at anytime or all the time. Any entry into the USA on a tourist visa, the alien must be able to demonstrate lack of immigrant intent on that entry

Since she is a minor, will her parent/guardian has to demonstrate lack of immigrant intent on her behalf? Thanks again

[ndu26 114]

Since she is a minor, will her parent/guardian has to demonstrate lack of immigrant intent on her behalf? Thanks again

Like someone has said, at this point it is just up to you to confidently explain and convince the officer at the border/entry post that you have no intention of staying behind...they do see your record and are aware you already have good chances of being granted legal authority to live so why spoil it now? they may just want to pull your legs and see how you defend yourself and again they may just stamp your passort and say "welcome"

Edited November 26, 2011 by ndu26

[ndu26 114]

I'm wondering the same thing! I have a B1/B1 visa. And I'm going to submit my I-130 form on Monday. We are planning to go to USA to see family in April. I wonder if it's allowed.

It is not a question of "allowed or not allowed" but of the border entry offcials facing you "we think you may have intention of staying behind on this visit and what do you have to say to convince us otherwise". I am not aware of any law that prohibits someone putting in an application for immigrant visa once they have a B1/B2 visa. the only thing is that it changes the dynamics becuase you have now shown intent to live so they may interogate you on that at the airport" or an oficer having a nice day may ignore you.

[KG2015 4]

Like someone has said, at this point it is just up to you to confidently explain and convince the officer at the border/entry post that you have no intention of staying behind...they do see your record and are aware you already have good chances of being granted legal authority to live so why spoil it now? they may just want to pull your legs and see how you defend yourself and again they may just stamp your passort and say "welcome" Thanks for you reply

[dimples 9]

She should just behave as though its any other trip to the US. She is travelling on a B1/B2 visa which has nothing to do with her pending I130. However in the rare case that the CBP Officer does bring up the pending application then she should take some type of proof e.g. job letter, aprtments lease, or bank docs.

It should be like any other shopping trip to the US.

[KG2015 4]

Hi guys,

We just returned from the USA. The only questions that were asked at the airport was:

1. Our occupation

2. The purpose of the trip

The beneficiary was not asked any questions at all nor was the pending I-130 was brought up.

Thank you all for advising me as to what to expect

Edited December 7, 2011 by kedic

[KG2015 4]

She should just behave as though its any other trip to the US. She is travelling on a B1/B2 visa which has nothing to do with her pending I130. However in the rare case that the CBP Officer does bring up the pending application then she should take some type of proof e.g. job letter, aprtments lease, or bank docs.

It should be like any other shopping trip to the US.

Hi dimples, you were on point with this!!

Edited December 7, 2011 by kedic

[foobaz123 39]

I imagine it would generally come down to if you're coming from a VWP country or already have a Visitor's Visa you should be good. If you're not coming from a VWP country or don't already have a B1/B2 visa and am not being sponsored by a company then forget it. They'll ask a the interview if you know anyone in the States and as soon as you tell them your spouse is there you'd likely be instantly denied.

The exception I might think would be if you had kids in your native country who weren't going with you which would be a tie back there.