Entering usa pending i-130

[Barjobo 0]

Hi

I am at a lost and hope someone could advise me on the great website

I am a USA citizen for about one year and was a permanent resident for about 12 yrs. I have 2 children and a wife of 2 yrs who are french.. the oldest child is 3 yrs. I have been currently living abroad in order to keep my family together and lucky have found work outside of the US. However I have been trying to move back to the usa with my family for the last one and a half years now.

I have filed i-130 forms for all three members of my family since march and have been awaiting results.

I would like to take them to the USA to see my family and many of my siblings and relatives have not met my kids yet

I have also started searching for jobs and have came up successful. I would like to capitalize on the job opportunities which would require us to all travel to the USA .

I am the sole $$$ earner which makes it better and also easier for us to move /travel together as us living separate for period of time would become fiscally difficult.

My questions are ; with all 3 of their I-130's pending ......

A) Can we all enter the USA together.... them on a tourist/ or waiver program visa and then upon approval of the I-130 because they entered the country legally then apply for change of status? Is this fine?

B)If the above is no good what are my best options for us all to travel to the USA before the end of the year with everything still being legal of course I heard about Ir-1 and cr-1 visas but they are dependent on the i-130 no?

[apple21 953]

The tourist visa (B2) or VWP should never be used with the intention of adjusting status in the US. It's immigration fraud.

[Hypnos 6,578]

What you propose is visa fraud. Entering the US on a nonimmigrant visa with the preconceived intent to remain is illegal.

You will have to wait on approval for the I-130s before you can do anything; it will probably take another couple of months or so for this to happen.

Edited September 23, 2013 by Hypnos

[Barjobo 0]

Thank you guys for your response I did not know that was going to be visa fraud... I read somewhere that during the processing of the i-130 you can apply for a visa which would allow spouse to visit frequently was either a k3 ,ir1 or cr1 visa is this true and is it a viable option?

[rudyzn 2]

Thank you guys for your response I did not know that was going to be visa fraud... I read somewhere that during the processing of the i-130 you can apply for a visa which would allow spouse to visit frequently was either a k3 ,ir1 or cr1 visa is this true and is it a viable option?

Hello Barjobo

IR1-CR1 is the same thing. Those are resident visas.

K3 is another type of visa, but it is currently not being used anymore (it's become obsolete with all the delays).

The only way for you to enter the US ( FOR A VISIT ONLY ) is to bring your family with a visa waver.

HOWEVER:

At port of entry, the officer can deny you entry to the US if he considers that because of the pending I-130, you might end up staying. You have to have SOLID PROOFS that you are all going back to the your home country while the I-130 procedure is ongoing.

I am in a very similar situation. It is hell to wait for this visa things. I personnally am going to wait and not make my child risk it (I-130 pending for my 3 month old baby).

Edited September 23, 2013 by rudyzn

[CaroSL 68]

I am in a very similar situation. It is hell to wait for this visa things. I personnally am going to wait and not make my child risk it (I-130 pending for my 3 month old baby).

As long as your plan is not to stay in the US, there is not much of a risk. They can deny your entry if you don't bring enough proof, but that's it. And as long as you have proof, there is no reason why they would deny entry. There is no consequence on your application.

Furthermore, apparently they don't know that you have a petition pending by the USCIS. A member of VJ have asked 3 different times at 3 different POE and got the same answer. This is not proof, but it seems they don't know. So if you are just visiting your husband's family with your husband... Just say that, don't even talk about the I-130 if they don't ask anything related to this subject, and you are good to go.

Now, if one enters the US on WVP while I-130 is pending and decide to adjust status, risks are big that the AOS (green card) will be denied because the I-130 shows intention to move to the US. It means interview would be super tough. And if the green card is denied, there is no appeal possible. So the applicant would have to go back to home country and I-130 should be filed again (Financially and emotionally, this is probably not the best choice)