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True Brit

Holiday just after filing I-130 with DCF

By True Brit in Direct Consular Filing (DCF) General Discussion

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True Brit Explorer

True Brit   10

Posted
Filed: Country: United Kingdom
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Posted

Hello everyone. Thanks to all who replied to my first question. I did try and thank everyone but not knowing my way round this site (or indeed any others really!!) I don't think I managed it. In which case - sorry but thanks so much anyway.

Here is my next question which I would be so pleased if someone could answer. My hubby and I have just submitted our I-130 to the consulate in London. We have had a nice email back saying its been received and that it will take about 90 days for this first part to be processed before I get invited in for an interview (my husband has American citizenship and I dont). My husband starts his new job in St Louis in August. Given that we are in such early stages, would it be ok if I went for two weeks' holiday to see him settled in if I can prove I have a job to return to and a mortgage, two pet dogs etc in the UK? My passport is in my maiden name as we only got married on 30 June 2012 (we have been together for 9 years and can prove this with joint ownership of property, photos etc).

What does everyone think? Would I be turned away at immigration. I don't think I could bear it if I was. Not only for the waste of the ticket money but I have always been a goody two shoes and can't bear to be told off!!

GlobeHopperMama Collaborator

GlobeHopperMama   95

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Mexico
 Timeline
Posted (edited)

There's no guarantee of anything in this situation. There's nothing saying you can't enter the US as a tourist (or VWP entrant as it were) under the current circumstances. But the intent to immigrate has been demonstrated already with the I-130 filing, and the POE officials could certainly decide they feel this entry has immigrant intent, so the evidence you present to the contrary would be very important. In other words, it's really a risk. If you couldn't bear to be turned away, then it might not be worth the risk.

Edited by GlobeHopperMama

Long story short, we have a complicated case. We've been at this for nearly 5 years. You can read our story here. I highly recommend our attorney Laurel Scott, as well as attorneys Laura Fernandez and Lizz Cannon .

Filed I-130 via CSC in Feb 2008. Petition approved June 2008. Consular interview in Mexico, Oct 2008, visa denied, INA 212a6cii. We allege improper application of the law in this case.

2012, started over in Seoul: I-130 filed DCF on 7/2, I-130 approved 8/8, Medical at Yonsei Severance 11/20, IR1 appointment in November 2012.

CRBA filed 1-3-13 at Seoul for our daughter

4MLHm5.pngCzLqp9.png

You can find me at

Immigrate2us.net as Los G :)

True Brit Explorer

True Brit   10

Posted
Filed: Country: United Kingdom
 Timeline
  • Author
Posted

There's no guarantee of anything in this situation. There's nothing saying you can't enter the US as a tourist (or VWP entrant as it were) under the current circumstances. But the intent to immigrate has been demonstrated already with the I-130 filing, and the POE officials could certainly decide they feel this entry has immigrant intent, so the evidence you present to the contrary would be very important. In other words, it's really a risk. If you couldn't bear to be turned away, then it might not be worth the risk.

Thank you so much for your prompt reply. Your family pic is lovely! x

 
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