Chance of wife traveling to the US after filing

[swiguy 0]

We both live in Barcelona and filed I-130 last month (married in San Francisco in September 2011). I was hoping to get the fast track and move quickly (finish within 6 months) as we have several events to attend this summer including family weddings and births in the US. However, now I'm suspecting that this might take up the entire year to get this done, does anyone know a way we could get her a pass to travel to the US? Has anyone found a way that will allow a foreign spouse to travel during the filings?

[Darnell 8,478]

look up ESTA and VWP (assuming she's a Spaniard and not something else)

[canadian_wife 1,822]

Lots of spouses travel to the US during the process. Spain is a VWP country so she may travel without a visa. She may be authorized to stay for the entire 90 days or possibly shorter, regardless she must leave on her departure date and not overstay

However, entrance and duration of stay is never a guarentee.

good luck

[swiguy 0]

Really? We were told by several attorneys that once the process started she could not travel to the US. We have traveled to the US on the VWP eight times together, and she always just enters with me and its never a problem....I was assuming that if you travel to the US it negates your visa process.

[Roosha 51]

No, she can travel the only difference this time will be that they will see that you've filed the I-130 and so they'll want to see more proof that she's planning on leaving. Meaning she needs to have a letter from her employment that she's coming back, apt lease, return air ticket, anything that will show that she has ties to her home country and will leave. You might try reading in the Canada forum, they'll have more ideas of what to bring to prove that she will return.

[N-o-l-a 7,167]

More bad advice from attorneys.

Surely she can travel.

If I were you, I'd almost be tempted to wait on her immigrating to September 2013 after your 2 years anniversary so you can get the IR1 rather than the CR1 and be done with USCIS for a long time.

[fcat 79]

No, she can travel the only difference this time will be that they will see that you've filed the I-130 and so they'll want to see more proof that she's planning on leaving. Meaning she needs to have a letter from her employment that she's coming back, apt lease, return air ticket, anything that will show that she has ties to her home country and will leave. You might try reading in the Canada forum, they'll have more ideas of what to bring to prove that she will return.

Are you sure that CBP can see on their system that there is a pending CR1 petition when you enter through immigration ?

i was told when i entered 4 weeks ago that they cant at all.

Edited March 3, 2013 by fcat

[Roosha 51]

Are you sure that CBP can see on their system that there is a pending CR1 petition when you enter through immigration ?

i was told when i entered 4 weeks ago that they cant at all.

I've read posts on here that they can! When you say you were told, you mean told by a CBP or by a reputable source? Or from others who have also gone through the process?

[fcat 79]

I've read posts on here that they can! When you say you were told, you mean told by a CBP or by a reputable source? Or from others who have also gone through the process?

I mean from the CBP guy when i entered, he asked why i was visiting, who i was staying with and we had a chat about my CR1 petition, i asked if he could see any details and he said no, all he can see is dates of visits, any overstays, passport details! said its nothing to do with them! which in a way it isnt.

Edited March 3, 2013 by fcat

[The Mean Lady 604]

Well, for one, when you're crossing during immigration, you're supposed to bring your NOA1.

Sooooo, if you're trying to hide the fact you're in immigration, you're just being deceitful and that won't help you get approval to enter.

You may never get asked any questions at all, but the question ALWAYS came up when my husband and I traveled.

It goes like this

"Why are you coming into the US?"

"To visit with my wife"

"What are your long term plans for living situation"

BAM now you're on the topic of immigration.

[fcat 79]

Well, for one, when you're crossing during immigration, you're supposed to bring your NOA1.

Sooooo, if you're trying to hide the fact you're in immigration, you're just being deceitful and that won't help you get approval to enter.

You may never get asked any questions at all, but the question ALWAYS came up when my husband and I traveled.

It goes like this

"Why are you coming into the US?"

"To visit with my wife"

"What are your long term plans for living situation"

BAM now you're on the topic of immigration.

Who are you actually replying to, me or the OP ?

[Brc 14]

What would be one's advice regarding this: my wife owns her apartment in the Republic of Georgia and does not need to work (and therefore does not). Her passport is Russian. Since there is no lease, and no letter from an employer possible, how difficult does this make establishing her case that she will return to Georgia if she were to visit here? I know any answer is speculative, but I'm wondering if anyone has had an experience with similar circumstances. So far I've just decided its not worth the risk of being turned away.

Edited March 3, 2013 by Brc

[Cathi 5,755]

Well, for one, when you're crossing during immigration, you're supposed to bring your NOA1.

Sooooo, if you're trying to hide the fact you're in immigration, you're just being deceitful and that won't help you get approval to enter.

You may never get asked any questions at all, but the question ALWAYS came up when my husband and I traveled.

It goes like this

"Why are you coming into the US?"

"To visit with my wife"

"What are your long term plans for living situation"

BAM now you're on the topic of immigration.

not everyone is aware that they must bring NOA1 with them when they enter the US, in fact most don't. Nowhere on the NOA1 does it say you must bring it with you. You automatically jump to conclusions with most of your answers in this forum, acting as though every single person is out to scam the government or has some ulterior motive. I am sure if this was the case with the OP they wouldn't have asked in the first place. You tone is always so condescending.

[fcat 79]

not everyone is aware that they must bring NOA1 with them when they enter the US, in fact most don't. Nowhere on the NOA1 does it say you must bring it with you. You automatically jump to conclusions with most of your answers in this forum, acting as though every single person is out to scam the government or has some ulterior motive. I am sure if this was the case with the OP they wouldn't have asked in the first place. You tone is always so condescending.

cool, i'm glad its not just me that's been reading their posts and thinking they were off!!

[Roosha 51]

I mean from the CBP guy when i entered, he asked why i was visiting, who i was staying with and we had a chat about my CR1 petition, i asked if he could see any details and he said no, all he can see is dates of visits, any overstays, passport details! said its nothing to do with them! which in a way it isnt.

Well that's news! Thanks for correcting me, and for sharing

I still think the potential immigrant should bring lots of ties to home country, esp if they're entering the country with their spouse.