Visit US from Romania with Pending I-130

[Dana910 5]

My husband is Romanian and I filed a I-130 for him in July. I am waiting in the US right now with our daughter. Due to health problems, its pretty much impossible for me to go see him, especially traveling with a baby and all on top of my disabilities. With that said, I miss him so much and have been trying to keep my chin up but it's not easy. I would really love if he could come visit us sometime in the next few months, even if it was for a couple of weeks. Romania isn't in the VWP so his only choice would be getting a visitors visa. Just a few questions,

As long as he is upfront about having a pending I-130, and just going to visit his wife, is there anything wrong with him applying for a tourist visa?

Will this in any way hinder the I-130 processing?

Has anyone else done this? What was your experience? (especially anyone else from RO or another non VWP country)

I understand there is always a chance of being denied entry, but if you do get a tourist/visitor visa from the embassy, what are the chances of being denied entry at customs? Is it too risky?

Thanks everyone!!!

Dana

[Harpa Timsah 13,258]

He can apply, no problem. If it is denied, it will not harm his I-130 at all.

[Pitaya 2,577]

Welcome to the forum.

Your inquiry is often-asked. It won't likely cause any trouble with your ongoing spouse visa process. However, getting a tourist visa may be a different matter. Your husband will need to convince the US Embassy official that he has significant ties to Romania and that he plans to return to Romania after the visit, and not simply trying to move to the US. Mentioning your health issues may only undermine his case for returning to Romania in the eyes of the embassy official.

There is a thread in the K-1 Visa Process forum, Yes You Can Visit, that you may find helpful: http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

Good luck on your immigration journey.

[Eric-Pris 1,606]

The chances are pretty slim to begin with. But if they find out that he has an American wife, they may believe he'strying to circumvent the system and move here, even if there's a petition in the system. It makes no sense that somebody would apply and then try to immigrate illegally. But they are weird and think like that.

If you have the money laying around, you can try, you have nothing to lose, and it won't hurt your case. But if money is tight, I'd say don't waste it applying for a tourist visa.

[Boiler 45,549]

No harm in trying, Romania is not the easiest location to get a Visa.

[Dana910 5]

Thanks for the link to the other thread...I'm slowing going through it.

If he DOES get approved for a tourist visa at the embassy in Romania for a tourist visa, what are the chances of him being turned down at the airport when he goes through customs? Honestly that's my biggest worry, the money for the tourist visa isn't that much so I probably wouldn't mind losing it. But a round trip ticket is about $1300 and that is a ouch if he gets sent directly back home you know?

How much proof is needed concerning ties back to Romania? He can get a letter from his employer, he owns an apartment and also holds a lease on a house in the country, utility bills, not sure what else since he isn't in school anymore. I'm just trying to figure out what they are looking for and like to see the most.

Also, would it be more helpful or hurtful if he is here visiting for something specific, such as Christmas, or our daughters birthday party?

I think the whole visa process is just so frustrating and it stinks family has to be apart for so long, like one of you guys said, why would I spend all that time, energy AND money to go through immigration the legal way, if I was planning on trying to cheat the system?

Anyway. I think we might give it a shot and see what happens!!

[Boiler 45,549]

If he DOES get approved for a tourist visa at the embassy in Romania for a tourist visa, what are the chances of him being turned down at the airport when he goes through customs?

Very very low.

[Dana910 5]

Thank you Boiler!!!